COMMISSIONERS' COURT CONVENED IN SPECIAL SESSION ON Tuesday,
April 19, 1994 with all Officers present and the following
~- proceedings were had:
ORDER NO. 21953
APPROVAL OF TEMPORARY HOUSING AGREEMENT BETWEEN
THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND KERR COUNTY
AND AUTHORIZATION OF THE COUNTY JUDGE'S
SIGNATURE
On this the 19th day of April 1994, upon motion made by
Commissioner Holekamp, seconded by Commissioner Oehler, the
Court unanimously approved by a vote of 5-0-0, to approve and
ratify the housing agreement made and entered into by and
between the Texas Department of Criminal Justice and Kerr
County pursuant to the Chapter 791, Texas Government Codes and
other statutory provisions cited hereafter, and authorization
of the County Judge's signature.
TEM
This Housing
made and entered
Criminal Justice
(hereinafter the
Government Code,
hereafter.
PORARY HOUSING RGREEMENT
Agreement (hereinafter this "Agreement") is
into by and between the Texas Department of
(hereinafter the "TDCJ") and Kerr County
"County"), pursuant to the Chapter 791, Texas
and other statutory provisions cited
WITNESSTH:
WHEREAS, certain county jails are overpopulated, raising
the threat of riot, public calamity, and emergency conditions;
and
WHEREAS, TDCJ, pursuant to Code of Criminal Procedure,
Art. 42.13 (10) (b), and Senate Bill 53?., 73rd Texas
Legislature, pOSSe93P,S authority to make grants to and enter
into contracts with counties for housing inmate; and
WHEREAS, the Texas Commission on Jail Standards
(hereinafter "Commission") has authority under applicable law
to, among other things, provide that safe and suitable jails
are provided for the confinement of inmates in local detention
facilities; and
WHEREAS, TDCJ and the County wish to enter into this
Agreement whereby the County will provide temporary jail
facilities for housing of such Inmates;
NOW THEREFORE, for and in consideration of the premises
and the mutual covenants hereinafter contained, and subject to
~~ the conditions herein set forth, the. parties agree as follows:
PAGF, 397.
I
SERVICES
C,
Section 1.1 Housing. County agrees to provide, at a Site
agreeable to the Commission, temporary jail facilities to
house Forty-Eight (48) inmates at any one time. Such housing
shall meet Jail commission Standards for temporary housing of
medium-risk inmates. Such housing, to include all necessary
infrastructure, shall be operational on or about June 1, 1994.
Section 1.2 Duration of Temgorarv Housing. It is agreed
that the temporary housing to he provided by County under this
Agreement shall be available for occupancy on or about June 1,
2994 and shall provide occupancy for such Tnmates through
August 31, 1994.
Section 1. 3. Inmates Eligible for Housing. Inmates
eligible for housing in such temporary facility shall be those
inmates as determined by the sheriff.
Section 1.4 Detention Services. County shall provide
housing, rare, meals, medical services, record keeping, and
other usual jail services for inmates housed in the temporary
jail facility.
II.
~- PAYMENT
Section 2.1 Payment of Services. It is agreed between
the parties hereto that the County shall be paid, in a lump
sum payment upon submission of an invoice to TDCJ, the sum of
53,968.25 per bed for the temporary jail facilities. Such sum
shall he. compensation for housing, care, and all other usual
services performed by the County in housing such inmates
through August 31, 1994.
Section 2.2 Billing for Services. County shall submit
one invoice for services to TDCJ as soon as possible after
execution of this Agreement. Such invoices shall he
accompanied by sufficient documentation to allow TDCJ to make
timely payment to the County,
III
TERM OP AGREEMENT
Section 3.1 Term of Agreement. This agreement shall
commence. on the effective date hereof and terminate at 12:01
a.m., September 1, 1994.
Section 3.2 Manner of Giving Notice. Any notice required
by this Agreement shall be provided by Certified mail, return
receipt requested and addressed as follow:
~_ Executive Director County Judge
Texas Department of Criminal Justine County of Kerr
P.Q. Box 13084 Courthouse
Austin, Tx 78711 700 East Main Street
PAGE 392
IV
(' STANDARDS
4.1 Service Standards. In performing the services
required by this Agreement, County shall observe and comply
with all applicable laws, rules and regulations affecting the
services to be provided.
V
MISCELLANEOUS
Section 5.1 Entire Agreement. This Agreement constitutes
the entire agreement between the parties hereto. All prior
representations, agreements, and understandings are superseded
hereby.
Section 5.2 Amendments. This Agreement may be amended or
supplemented only by a written document signed by the duly
authorized representatives of the parties hereto.
Section 5.3 Contingent of Availability of Funds The
County expressly agrees that the performance by TDCJ under
this Agreement is contingent upon the availability of
necessary funds.
SX$CUTSD in two originals and effective this the 19th day
~ of Aprii 1994.
TEXAS DEPARTMENT OF COUNTY OF KSRR
CRIMINAL JUSTICB
By:/s/ William C. Mr,Cray By:/s/ W, G. Stacy
Title: Deputy Director of Title: Kerr County Judge
Administrative Services
ATTEST
By:/s/ Patricia Dye
County Clerk, Kerr County
Commissioner Holekamp stated in his personal opinion the
Housing Agreement signed today between Kerr County and the
Texas Department of Criminal Justice is a direct result of
persistence and cooperation shown by Kerr County, specifically
Judge W. C,. Stacy, and Sheriff Frances. The positive steps
Kerr County has taken towards addressing the overcrowding
problems has and will benefit Kerr County Taxpayers. The
Court as a whole have. the same feelings as Commissioner
Holekamp.
COMMISSIONERS' COIJRT ADJOURNED AT 4:10 P. M.
l PAGE 393