ORDER NO. 31855 NEW CONTRACT FOR PRE - ADJUDICATION SERVICES — JUVENILE DETENTION CENTER Came to be heard this the 23rd day of August, 2010, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4 -0 -0 to: Approve new contracts for Pre - Adjudication services for existing Counties. \ I A COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: 7( $4,V OFFICE: Lit, v _ • MEETING / I DATE; TIME PREFERRED: ,�;q2 SUBJECT: gPpiv 7e - �4�,�� 44,J EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADURESSTNG THE COURT: c/i 'i/ CT2 " 74 " ✓ ESTIMATED LENGTH OF PRESENTATION: 5----/y?„,/ei /<- IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Make sure any and all back up material is attached to this form. THE STATE OF TEXAS § COUNTY OF KERR § JUVENILE FACILITY § CONTRACT AND AGREEMENT FOR SECURE PRE - ADJUDICATED RESIDENTIAL SERVICE OF JUVENILE OFFENDERS SPACE AVAII.,IABLE This Contract and Agreement is made and entered into by and between KERR COUNTY, TEXAS and , hereinafter referred to as the Juvenile Department, acting by and through its duly authorized representative. WITNESSETH: WHEREAS, Juvenile Department, in order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pre -trial or disposition status prescribed by the Court; and WHEREAS, KERR COUNTY, desires to make the facility available to Juvenile Department for such use and purpose, and Juvenile Department desires to contract for the use of said facility; THEREFORE, in consideration of the mutual promises herein contained, the Parties hereto agree as follows: (1) The term of this agreement is for twelve months from date of acknowledgement. It shall be automatically renewed for successive one year terms thereafter. Either party may terminate this Agreement at any time and for any reason with 30 days written notice to the other party. (2) KERR COUNTY JUVENILE FACILITY will provide room, board, twenty -four hours per day, seven days per week supervision, routine medical examination and treatment within the facility (but shall not provide nor pay for emergency examination, any medical treatment, suicidal evaluations, or hospitalization outside the facility); an approved education program; recreation facilities; and counseling to each child placed within the facility. (3) Juvenile Department agrees to pay the KERR COUNTY the per day sum established by the Kerr County Commissioners Court for all counties excluding Kerr County, which currently is $ .00 per day for each space utilized. This daily sum may be changed by vote of the Kerr County Commissioners Court effective 30 days from the date of written notification to Juvenile Department; any increase or decrease in this daily sum shall not be construed as a termination or Page 1 of 4 modification of this Agreement. The sum shall be paid to KERR COUNTY pursuant to billing and paying procedures agreed upon by the contracting county and KERR COUNTY. The cost being based on the projected actual cost of care for children in the facility. (4) If emergency examination, treatment and/or hospitalization outside the facility required for a child placed in the facility, the Administrator of the facility is authorized to secure such an examination, treatment, or hospitalization at the expense of the county. The County agrees to the indemnify and hold harmless KERR COUNTY and their representatives, agents, and employees from any and all liability charges for reasonable and necessary medical treatment, and/or hospitalization. The Administrator shall notify the appropriate County of such an emergency within twenty -four (24) hours of its occurrence. (5) Prior to transporting a child to the facility for placement, the official authorizing the placement shall call the facility to insure that space is available. Placement of children from any County may be denied if space limitations require. (6) Children from any County who are alleged to have engaged in delinquent conduct indicating a need from supervision (CINS) will be admitted to the facility under the authority of any Juvenile Court having jurisdiction of its designated official. Children who are not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance with the Texas Family code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention facility prior to the child's re- admission. (7) Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. (8) If a child is accepted by the facility from any County and such child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical conduct would or might endanger the other occupants of the facility, then the Administrator shall notify placing County of such conditions. Such child shall immediately be removed from the facility. It will be the responsibility of the placing county to provide for the transportation for the removal of the child. (9) KERR COUNTY agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. (10) It is understood and agreed by the parties hereto that children placed in the facility under the proper orders of the appropriate juvenile court shall be maintained therein except that the staff of either facility may take the children under supervision from the facility to participate in community activities. Page 2 of 4 (11) It is further understood and agreed by the parties hereto that children placed in the facility may be grated furloughs with parents, guardian, custodian, or other responsible adults only after prior approval of the appropriate Juvenile Court. (12) It is further understood and agreed by the parties hereto that children placed in pre- adjudicated care in the facility shall be removed therefrom by the appropriate authorities from the placing County, or its agents, servants or employees at the conclusion of the period authorized by the Court Order issued by the Judge of the appropriate Juvenile Court unless an new Order had been issued authorizing the continued detention and a copy of such Order has been delivered to the detention facility. Or unless a waiver of hearing has been executed and a signed copy waiver delivered to the facility. A copy of the Order issued pursuant to waiver shall be furnished to the facility. (13) It is further understood and agreed by the parties hereto that children placed in the pre - adjudication care in the facility shall not be removed prior to the conclusion of the Court Order except to the Probation Officer or as provided in paragraph eight (8) above, without delivery of an Order for Release signed by the Judge of the Juvenile Court of the placing County. (14) It is further understood and agreed by the parties hereto that nothing in this contract shall be construed to permit the placing county, its agents, servants, or employees in any way to manage, control, direct or instruct KERR COUNTY JUVENILE FACILITY, its servants or employees in any manner respecting and of their work, duties or functions pertaining to the maintenance and operation of the facility. (15) It is further understood and agreed by the parties hereto that the County placing the child in the facility is responsible for any damages caused by the child that is placed in the facility. Pursuant to Tex. Gov't Code §2262.003, the Parties agree that the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract; and acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. This Contract and Agreement this date executed is made by and between the parties hereof; it being the declared intention of the parties hereto that the above and foregoing contract is a contract providing for the care of the children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed by the facility by the Judge of the County having juvenile jurisdiction. Page 3 of 4 This contract is in lieu of all previous contracts or agreements by and between KERR COUNTY and Juvenile Department for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect of this date this contract became effective. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties, shall be governed by the laws of the State of Texas. Exclusive venue for any action concerning this Agreement shall be in Kerr County, Texas. IN WITNESS WHEREOF, we hereunto affix our signature this day of G INLEY � PRESIDING JUDGE OF KERR COUNTY JUDGE NUECES COUNTY KEVIN STANTON CHIEF JUVENILE FACILITY ADMINISTRATOR PROBATION OFFICER KERR COUNTY JUVENILE FACILITY COUNTY, TEXAS Page 4 of 4