ORDER N0. 17087 APPROVAL OF KERRVILLE - KERR COUNTY PRISONER WORK CONTRACT On this the 29th day of January 1987, upon motion made by Commissioner Ray seconded by Commissioner Holland , the Court unanimously approved the KERRVILLE - KERR COUNTY PRISONER WORK CONTRACT, between Kerr County, Texas, hereinafter referred to as "County", with accept- ance and agreement by the Kerr County Sheriff's Department, and the City of Kerrville, hereinafter referred to as the "City", to allow said prisoners and/or probationers to perform public works for the City. It is ordered by the Court that County Judge Danny R. Edwards be authorized to execute said agreement on behalf of Kerr County. PCCN-CTY/MISC.87/GEK/sgp/1/27/87 KERRVILLE - KERR COUNTY PRISONER WORK CONTRACT WHEREAS, Kerr County, Texas (hereinafter referred to as "County"), occasionally has prisoners serving misdemeanor jail sentences in the Kerr County Jail; and WHEREAS, said prisoners are in the custody of the Sheriff of Kerr County, Texas; and WHEREAS, Article 43.10 of the Texas Code of Criminal Procedure requires the Sheriff of Kerr County to require said prisoners to do manual labor upon public works; and 47HEREAS, the Courts of Kerr County, Texas occasionally require a Defendant (hereinafter referred to as ("Probationers"} to perform a specific number of hours of public works labor as a term cf probation; and WHEREAS, the City of Kerrville {hereinafter referred to as "C.ity"} has requested that the County and the Kerr County Sheriff's Department allow said prisoners and/or probationers to perform public works for the City; and WHEREAS, the County and Kerr County Sheriff's Department have agreed to same. NOW, THEREFORE, in consideration for Kerr County, Texas allowing the City of Kerrville to use said prisoners and/or prot~at:ioners for public works of the City of Kerrville, the City of Kerrville does hereby agree as follows: 1. That from time to time the City may use such prisoners and/or probationers far public works. ?. That at such time as the City shall use such prisoners and/or probationers, the City shall provide all necessary supervisory control and custody of said Defendants and/or probationers. 3. That the Sheriff shall be the party to determine what is considered "necessary supervisory control and custody", and shall have the power to r.equ.ire City to provide such "necessary s~i~^er.visory control and custody" as he shall. deem appropriate. 1 ~T (lR~lb'~ PCON-CTY/MISC.87/GEK/sgp/1/27/87 4. That City agrees that County and the Kerr County She r.iff's Department and their agents, servants, or employees shall not be liable or responsible for, and shall be held harmless by City from and against any and all claims and damages of every kind or nature, for injury to or death of any person or persons and for any damage to or loss of any property whatsoever, arising out of or attributed, directly or indirectly, to the City's use. of prisoners and/or probationers under the terms of this agreement, whether negligent or intentional. 5. This Contract does not require the County to furnish, nor the City to take, any persons whatsoever. In the event the parties do cooperate such that the City uses such persons for labor, then the provisions hereof control. 6. The City will request the use of said prisoners and/or probationers from the Sheriff's Department and when said request is made sufficiently in advance the County shall give the City at least twenty-four (24) hours notice of the identity of persons who may be available for labor. 7. Either party may terminate this agreement upon written notice to the other. I EXECUTED on the _ `~~~_ day of Jt}N Uf}RY 1987. ROVED AS TO FORM: ~~ THOMAS S. TERREL~ CITY ATTORNEY COUNTY OF KERR ~, BY ~ ~~ COUNTY JUDGE APPROV AS TO FORM: _ __ GARY E. K SEY KERR COU TY ATTORNEY 2 PCON-CTY/MI$C.87/GEK/sgp/1/27/87 ACCEPTED AND AGREED TO BY THE SHERIFF'S DEPARTMENT OF KERR COUNTY, TEXAS. CLIFF EESON SHERIFF Attachments: 1. City approval authorizing Mayor's signature hereon. 2. Kerr County Commissioners Court approval authorizing County Judge's signature hereon. FikV_~~D~L~.D.1 0 ~s /~~ PF IR DYE ..Z ~ ed Cou Caun n ~ .i By ~ 3