ORDER NO. 23971 RF'F'ROVAL GF CDNTRRCTS TD HDUSE PRISONERS IN N.ERR COUNTY JA:[L FROM HIDRL_GO CDUNTY AND THE UNITED STRTES MARSHALS OFFICE AND RUTHORIZE ThiE CDUNTY JUDGE TO SIGN SAME On this the ].'th day of May 1997, upon motion made by Commissioner Let z, seconded by Commissioner Paldwin, the Co~_irt unanimously approved by a vote of 4-Q~-0, of contr°acts to house prisoners in the Kerr County Jail from Hidalgo Co~_inty and the United States Marshals Office and a~_ithorize the Co~_inty J~_idge to sign same. Kerr County Sheriff's Dept. Sheriff Francis A. Kaiser 400 Clear Water Paseo Kerrville, Texas 78028 Dear Sheriff Kaiser: U.S. Department o~~-'vstice United States Marshals Service Weste~•ri District of Texczs United S7u/e,c Cmrnho~evv Ronm ?35 655 f'o,et Durnngn Bhzl. Son 4nlunio, Te•xuv 7,Y206 June 3, 1997 Attached are three copies of the Modification of Intergovernmental Agreement between Kerr County and the U.S. Marshals Service for your review and concurrence. All three copies of the Modification must be signed with original signatures (Item #1 1) and two must be mailed back to the attention of Marshal Jack Dean. If you have any questions, please call me at (210)472-6540. Sincerely, ~°~~~ Charla L. Mora Administrative Support Assistant PATRICIADYE Cnu Kerr unry.T llt' aik CnunN C~~,., ~ ,~ e,,~,, b~ °~g~~ 1~ ~~~ q7 J~~,\ I~: ~ :~•1 MEMORANDUM T0: Honorable Jack Dean United States Marshal U.S. Departure ' ~f Justice United States Marshals 600 Armv Navy llrive .anin glun. VA ?2202 d2f0 May 29, 1997 .1£ 1 FROM: Sylvester E. Jones, Chief Programs & Assistance Branch Prisoner Services Division SUBJECT: IGAiModification Action FACILITY: Kerr County Sheriff's Department DISTRICT: western District of Texas UPlITE~J Jr~i GJ irir;rt~nH~ w c~ i cl'tN DISTRIC+ OF TEXAS SAN ANTONIO, TE?:r Attached are three copies of the above merit-oned Interaovernmental Agreement (IGA) or modification for exec~,tion. Please forward these documents to the local government for review and concurrence. All three copies must have original signatures. The IGA or modification is not effective until it has been signed by both parties. Distribution. is as follows: i signed action retained by she =oca_ ~cver.mens. 1 signed action retained by the -zissrct office. 1 signed action forwarded to Prisoner Services Division. The fu'_'iy executed copy of the _ __ __ mcd_f-_e.s_or. :,~,ust be returned to headquarters by: rune ?0 19°~ If the Bureau of Prisons ;~OPr __ _ c1~_:dec. ___ ~___~ _~__, please forward a copy to the Ccmmu___ __ ?_ ~ _~ras~s -.-=-caa_ Administrator and the Community Corracs~ors yra_=ac~r. If Immigration and Naturalization Service (INS) is included in this IGA, please send them a copy for their files. Please be sure that your Administrative Officer or Criminal Clerk has a copy of the executed document so that they are aware of the current jail day rate and any special terms and conditions (i.e., guard/transportation services, medical, etc.). If assistance is required, please contact Gale Watkins, Contract Specialist, on (703) 416-8921. 5310 U.S. Department of Justice United States Marshals Service Modification of ,itergovernmental Agreement 1. MODIFICATION NO. 2. EFFECTIVE DATE OE MODIFICATION ONE (1) June 1, 1997 3. ISSUING OFFICE 4. LOCAL GOVERNMENT 5. IGA N0. U.S. MARSHALS SERVICE Kerr County Sheriff's Department J-D80-M-080 PRISONER OPERATIONS DIVISION q00 Clear Water Paseo 6. FACILITY CODE(S) [GA SECTION 600 ARMY NAVY DRIVE Kerrville, TX 78028 6MS ARLINGTON, VA 22202-4210 7. ACCOUNTING CITATION 15X1020 $. ESTIMATED ANNUAL PAYMENT $ 2, 400.00 9. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT REFERRED TO IN BLOCK 5, REMAIN UNCHANGED. TERMS OF THIS MODIFICATION: The purpose of this modification is to increase the hourly guard rate from $10.00 to 512.00 effective June 1, 1997, 10. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION: A. ^ LOCAL GOVERNMENT 1S NOT REQUIRED B. ^X LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS DOCUMENT TO SIGN THIS DOCUMENT AND RETURN 2 COPIES TO U.S. MARSHAL 11. APPROVALS: A. LOCAL GOVERNMENT B. FEDERAL G O , ER ENT , ~ ~>~ E/ CL Signature ~ / zgnatur ~ ~ _~_ri7 C/ Contracting Offcer , , _ TITLE DATE TITLE DATE Form USM-241a (Rev. 3/9fi) USMS HQ USE ONLY Page 1 of 1 Pages un;ted states Department oc Justice Intergovernmental `"~rvice Agreement United ,4tates Ivldrshals Service Housing Of Fede, rl Prisoners Page 1 of 11 1. AGIffiEMENT NUMBER 2. EFFECTIVE DATE REQUISITION/PURCHASER/REQUEST NO. 4. CONTROL NO. J-D80-M-080 04 / Ol / 97 032-97 5. ISSUING OFFICE 6. GOVERNMENT ENTITY FACILITY CODE(S) UNITED STATES MARSHALS SERVICE NAME AND '. PRISONER OPERATIONS DIVISION ADDRESS Kerr County Sheriff's Dept. IGA SECTION (Street, city, 400 Clear Water Pasco 600 ARMY NAVY DRIVE county, State Kerrville, TX 78028 ARLINGTON, VA 22202-4210 and ZIP code 7. APPROPRIATION DATA 15X1020 contact Person Francis A. Kaiser, Sheriff Area Code & Telephone No. - C210) 896-1216 8. 9. 10. 11. 12. 13. ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE Ah10UNT This agreement is for the housing, ESTIMATED safekeeping and subsistence of USMS PER ESTIMATED adult male federal prisoners PRISONER DIEM ANNUAL including guard services in DAYS/YR RATE PAYMENT accordance with the contents set 12,000 PDs $35.00 $420,000.00 forth herein. ESTIMATE D GUARD HR 200 GHs $10.00 $2,000.00 14. OFF E R 1 . N D TITLE OF P 'RSON(S) AUTHORIZED TO SIGN _ /p 7 ~7 ~ ~ ~~L To the best of my knowledge and 6eliej, data L~---. Dareer ,~/ e ~ submitted in support of this agreement is true t n nr AGENCY and correct, the document has been duly au- R ERT A. ENSON COUNTY JUDGE thorized by the governing body of the Depart- Name (Type or Prin t/ Tide CERTIFYING ment ar Agency arsd the Department or Agency with ALL PROVISIONS SET will com l J ~ ~/ c,~~~.t~t/ a `~C~G~ !~ 7 Date p y FORTH HEREIN. (Signature/ luxl'~r F,~wces IQ.~A/sut ~he,~%~~ Name (Type or Print' Tide 16. TYPE OF USE 17. PRISONER TYPE TO BE INCLUDED 19. This Negotiated Agreement is Hereby ApDraved and Accepted jor ^ Hold Over UNSENTENCED SENTENCED ® Regular Support ®Adult Male ~ Adult Male ^ Seasonal Support ^ Adult Female ^ Adul[ Female THE UNITED STATES OF AMERICA ^ Other ^ Juvenile Male ^ Juvenile Male BY DIRECTION OF THE DIRECTOR OF THE UNITED ta. LEVEL of USE ^ Juvenile Female ^ Juvenile Female STATES MARSHALS SERVICE ^ Minimum ^ Aliens ^ Work Release ® Medium ^ YCA Male B ,,/ ^ Major ^ YCA Female (SIGNATU OF COMRAC G OFFICER) 20. ANTICIPATED ANNUAL USAGE 21. NAME OF AUTHORIZING OFFIC[A 22. DATE SIGNED UNSENTENCED SENTENCED ALIENS TOTAL /Type ar Print) No. of Prisoners 20 2Q Prisoner Days 600 600 Guard Hours 200 200 Surluta Schatzman ~ / /5 / 1rJ PRIOR EDITIONS ARE OBSOLETE AND ARE NOT TO BE USED FORM USM-zal (Rev. 3/96) U.S. Department of Justice Un::ed States Marshals Service r Intergovernmental Service Agreement Schedule I IGJ-D88M-080 I Page No~f li ARTICLE I -PURPOSE AND SECURITY PROVIDED The purpose of this Intergovernmental Service Agreement (IGA) is to establish a formal binding relationship between the United States Marshals Service (USMS) and other federal user agencies (the Federal Government) and Kerr County (the Local Government) for the detention of persons charged with or convicted of violations of federal law or held as material witnesses (federal prisoners) at the Kerr County Detention Center (the facility). The Local Government agrees to accept and provide for the secure custody, care and safekeeping of federal prisoners in accordance with state and local laws, standards, policies, procedures, or court orders applicable to the operations of the facility. The USMS considers all federal prisoners medium/maximum security-type prisoners that are housed within the confines of the facility, at a level appropriate for prisoners considered a risk of flight, a danger to the community, or wanted by other jurisdictions. ARTICLE II -ASSIGNMENT AND CONTRACTING OF CATEGORICAL PROJECT- SUPPORTED EFFORT 1, Neither this agreement nor any interest therein may be assigned or transferred to any other party without prior written approval by the USMS. 2. None of the principal activities of the project-supported effort shall be contracted out to another organization without prior approval by the USMS. Where the intention to award contracts is made known at the time of application, the approval may be considered granted if these activities are funded as proposed. 3. All contracts or assignments must be formalized in a written contract or other written agreement between the parties involved, 4. The contractor agreement must, at a minimum, state the activities to be performed, the time schedule, the project policies, and the flow-through requirements that are applicable to the contractor or other recipient, other policies and procedures to be followed, the dollar limitation of the agreement, and the cost principles to be used in determining allowable costs. The contract or other written agreement must not affect the recipient's overall responsibility for the duration of the project and accountability to the government. Form USM-24iB (Rev. 2/92) U.^. Department of Justice Urated States Marshals Service B B I IC'J-D8~M-080 I Pa~e No` 11 I Inter overnmental Service A reement Schedule ARTICLE III -MEDICAL SERVICES 1. The Local Government agrees to provide federal prisoners with the same level of medical care and services provided to local prisoners, including the transportation and security for prisoners requiring removal from the facility for emergency medical services. All costs associated with hospital or health care services provided outside the facility will be paid directly by the Federal Government. In the event the Local Government has a contract with a medical facility/physician or receives discounted rates, the federal prisoners shall be charged the same rate as local prisoners, 2. The Local Government agrees to notify the United States Marshal (USM) as soon as possible of all emergency medical cases requiring removal of a prisoner from the facility and to obtain prior authorization for removal for all other medical services required. 3. When a federal prisoner is being transferred via the USMS airliff, he/she will be provided with three (3) to seven (7) days of prescription medication which will be dispensed from the detention facility, When possible, generic medications should be prescribed. 4. Medical records must travel with the federal prisoner. If the records are maintained at a medical contractor's facility, it is the detention facility's responsibility to obtain them before a federal prisoner is moved. 5. Federal prisoners will not be charged and are not required to pay their own medical expenses. These expenses will be paid by the Federal Government. 6. The Local Government agrees to notify the USM as soon as possible when a federal prisoner is involved in an escape, attempted escape, or conspiracy to escape from the facility. ARTICLE IV -RECEIVING AND DISCHARGE 1, The Local Government agrees to accept as federal prisoners those persons committed by federal law enforcement officers for violations of federal laws only upon presentation by the officer of proper law enforcement credentials. 2. The Local Government agrees to release federal prisoners only to law enforcement officers of agencies initially committing the prisoner (i.e., DEA, INS, etc.) or to a Deputy USM. Those prisoners who are remanded to custody by a Form USM-24iB (Rev. 2/92) U.S. Department of Justice Untied States Marshals Service IGp ~ ~ Pa a Na. Intergovernmental Service Agreement Schedule J-~B~=M-080 ~ of 11 USM may only be released to a USM or an agent specified by the USM of the Judicial District. 3. The Federal Government agrees to maintain federal prisoner population levels at or below the level established by the facility administrator. 4. Federal prisoners may not be released from the facility or placed in the custody of state or local officials for any reason except for medical emergency situations. Federal prisoners sought for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement of Detainers and then only with the concurrence of the District USM. ARTICLE V -PERIOD OF PERFORMANCE This agreement shall be in effect indefinitely until terminated in writing by either party. Should conditions of an unusual nature occur making it impractical or undesirable to continue to house prisoners, the Local Government may suspend or restrict the use of the facility by giving written notice to the USM. Such notice will be provided thirty (30) days in advance of the effective date of formal termination and at least two (2) weeks in advance of a suspension or restriction of use unless an emergency situation requires the immediate relocation of prisoners. ARTICLE VI -PER DIEM RATE AND ECONOMIC PRICE ADJUSTMENT 1. Per diem rates shall be established on the basis of actual and allowable costs associated with the operation of the facility during a recent annual accounting period. 2. The Federal Government shall reimburse the Local Government at the per diem rate identified on page one (1) of this agreement. The rate may be renegotiated not more than once per year, after the agreement has been in effect for twelve (12) months, 3. The rate covers one (1) person per "prisoner day". The Federal Government may not be billed for two (2) days when a prisoner is admitted one evening and removed the following morning. The Local Government may bill for the day of arrival, but not for the day of departure. Form USM-24iB (Rev. 2/92) U.S. Department of Justice United States Marshals Service IGA No. I Pa No. Intergovernmental Service Agreement Schedule J-D80-M-080 ~ of 11 4. When a rate increase is desired, the Local Government shall submit a written request to the USM at least sixty (60) days prior to the desired effective date of the rate adjustment, All such requests must contain a completed Cost Sheet for Detention Services (USM-243) which can be obtained from the USM. The Local Government agrees to provide additional cost information to support the requested rate increase and to permit an audit of accounting records upon request of the USMS. 5. Criteria used to evaluate the increase or decrease in the per diem rate shall be those specified in the Office of Management and Budget (OMB) Circular A- 87, Cost Principles for State, Local, and Indian Tribal Governments. 6. The effective date of the rate modification will be negotiated and specified on the IGA Modification form approved and signed by a USMS Contract Specialist. The effective date will be established on the first day of the month for accounting purposes. Payments at the modified rate will be paid upon the return of the signed modification by the authorized Local Government official to the USM. ARTICLE VII -BILLING AND FINANCIAL PROVISIONS 1, The Local Government shall prepare and submit original and separate invoices each month to the federal agencies listed below for certification and payment. U. S. MARSHALS SERVICE WESTERN DISTRICT OF TEXAS 235 U.S. COURTHOUSE 655 EAST DURANGO, TX 78206 (210)472-6540 IMMIGRATION & NATURALIZATION SERVICE CENTRAL REGIONAL OFFICE REGIONAL COMMISSIONER SKYLINE CENTER -BLDG C N. STEMMONS FREEWAY DALLAS, TX 75247 (214) 767-7148 2. To constitute a proper monthly invoice, the name and address of the facility, the name of each federal prisoner, their specific dates of confinement, the total days to be reimbursed, the appropriate per diem rate as approved in the IGA, and the total amount billed (total days multiplied by the rate per day) shall be listed, The name, title, complete address, and phone number of the local official responsible for invoice preparation should also be listed on the invoice. Form USM-24iB (Rev. 2/92) U.$. Department of Justice _ United States Marshals Service IGA No. P e No. Intergovernmental Service Agreement Schedule J-D80-M-080 ~ „f 11 3. The Prompt Payment Act, Public Law 97-177 (96 scat. 85, 31 USC 1801), is applicable to payments under this agreement and requires the payment to the Local Government of interest on overdue payments. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Office of Management and Budget Circular A-125, 4, Payment under this agreement will be due on the thirtieth (30th) calendar day after receipt of a proper invoice, in the office designated to receive the invoice. If the due date falls on a nonworking day (e.g., Saturday, federal holiday), then the due date will be the next working day. The date of the check issued in payment shall be considered to be the date payment is made. NOTE: RATES NOT SPECIFIED IN THE AGREEMENT WILL NOT BE AUTHORIZED FOR PAYMENT. ARTICLE VIII -SUPERVISION AND MONITORING RESPONSIBILITY All recipients receiving direct awards from the USMS are responsible for the management and fiscal control of all funds. Responsibilities include the accounting of receipts and expenditures, cash management, the maintaining of adequate financial records, and the refunding of expenditures disallowed by audits. ARTICLE IX -ACCOUNTING SYSTEMS AND FINANCIAL RECORDS 1. The recipient shall be required to establish and maintain accounting systems and financial records that accurately account for the funds awarded. These records shall include both federal funds and all matching funds of state, local, and private organizations. State and local recipients shall expend and account for funds in accordance with state laws and procedures for expending and accounting for its own funds, as well as meet the financial management standards in 28 Code of Federal Regulations (CFR), Part 66, and current revisions of OMB Circular A-87. 2. Recipients are responsible for complying with OMB Circular A-87 and 28 CFR, Part 66, and the allowability of the costs covered therein (submission of Form USM-243), To avoid possible subsequent disallowance or dispute based on unreasonableness or unallowability under the specific cost principles, recipients must obtain prior approval on the treatment of special or unusual costs. Form USM-24iB (Rev.?!9?) U.S. Department of Justice Unified States Marshals Service IGA No. Pag No. Intergovernmental Service Agreement Schedule J-D80-M-080 ~/ „f 11 3. Changes in IGA facilities: The USMS shall be notified by the recipient of any significant change in the facility, including significant variations in inmate populations, which causes a significant change in the level of services under this IGA. The notification shall be supported with sufficient cost data to permit the USMS to equitably adjust the per diem rates included in the IGA. Depending on the size of the facility for purposes of assessing changes in the population, a 10% increase or decrease in the prison population shall be a "significant increase or decrease" for purposes of this subsection. ARTICLE X - MAINTENANCE AND RETENTION OF RECORDS AND ACCESS TO RECORDS 1. In accordance with 28 CFR, Part 66, all financial records, supporting documents, statistical records, and other records pertinent to contracts or sub- awards awarded under this IGA shall be retained by each organization participating in the program for at least three (3) years for purposes of federal examination and audit. 2. The 3-year retention period set forth in paragraph one (1) above, begins at the end of the first year of completion of service under the IGA. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 3-year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular 3-year period, whichever is later, 3. Access to Records: The USMS and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of recipients or its sub- recipients/contractors, which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. 4. Delinquent Debt Collection: The USMS will hold recipient accountable for any overpayment, audit disallowance, or any breach of this agreement that results in a debt owed to the Federal Government. The USMS may apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards. Form USM-24iB (Rev. 2/92) U.S. Department of Justice United States Marshals Service Intergovernmental Service Agreement Schedule I IGADB$-M-080 I Pag~ No` 11 ARTICLE XI -GOVERNMENT FURNISHED PROPERTY 1. It is the intention of the USMS to furnish excess federal property to local governments for the specific purpose of improving jail conditions and services. Accountable excess property, such as furniture and equipment, remains titled to the USMS and shall be returned to the custody of the USMS upon termination of the agreement. 2. The Local Government agrees to inventory, maintain, repair, assume liability for, and manage all federally provided accountable property as well as controlled excess properly. Such property cannot be removed from the jail without the prior written approval of USMS Headquarters. The loss or destruction of any such excess property shall be immediately reported to the USM and USMS Headquarters. Accountable and controlled excess property includes any property with a unit acquisition value of $1,000 or more, all furniture, as well as equipment used for security and control, communication, photography, food service, medical care, inmate recreation, etc. 3. The suspension of use or restriction of bedspace made available to the USMS are agreed to be grounds for the recall and return of any or all government furnished property, 4. The dollar value of property provided each year will not exceed the annual dollar payment made by the USMS for prisoner support unless a specific exemption is granted by the Chief, Prisoner Services Division, USMS Headquarters. 5. It is understood and agreed that the Local Government shall fully defend, indemnify, and hold harmless the United States of America, its officers, employees, agents, and servants, individually and officially, for any and all liability caused by any act of any member of the Local Government or anyone else arising out of the use, operation, or handling of any property (to include any vehicle, equipment, and supplies) furnished to the Local Government in which legal ownership is retained by the United States of America, and to pay all claims, damages, judgments, legal costs, adjuster fees, and attorney fees related thereto. The Local Government will be solely responsible for all maintenance, storage, and other expenses related to the care and responsibility for all property furnished to the Local Government. Form USM-24iB (Rev. 2/92) U.S. Department of Justice United States Marshals Service IGA No. Page No. 11 Intergovernmental Service Agreement Schedule J-D80-M-080 „r ARTICLE XII -MODIFICATIONS/DISPUTES 1. Either party may initiate a request for modification to this agreement in writing. All modifications negotiated will be written and approved by a USMS Contracting Officer and submitted to the Local Government on form USM 241 a for approval. 2. Disputes, questions, or concerns pertaining to this agreement will be resolved between the USM and the appropriate Local Government official. Space guarantee questions along with any other unresolved issues are to be directed to the Chief, Prisoner Services Division. ARTICLE XIII -INSPECTION The Local Government agrees to allow periodic inspections of the facility by USMS Inspectors. Findings of the inspection will be shared with the facility administrator in order to promote improvements to facility operations, conditions of confinement, and levels of services. The mandatory minimum conditions of confinement which are to be met during the entire period of the IGA agreement are: 1. Adequate, trained jail staff will be provided 24 hours a day to supervise prisoners. Prisoners will be counted at least once on every shill, but at least twice in every 24-hour period, One of the counts must be visual to validate prisoner occupancy. 2. Jail staffing will provide full coverage of all security posts and full surveillance of inmates. 3. Jail will provide for three meals per day for prisoners. The meals must meet the nationally recommended dietary allowances published by the National Academy of Sciences. 4. Jail will provide 24-hour emergency medical care for prisoners. 5. Jail will maintain an automatic smoke and fire detection and alarm system, and maintain written policies and procedures regarding fire and other safety emergency standards. b. Jail will maintain a water supply and waste disposal program that is certified to be in compliance with applicable laws and regulations. Form USM-24iB (Rev. 2/92) U.S. Department of Justice United States Marshals Service Intergovernmental Service Agreement Schedule I IGAD80-M-080 I Pa~ell „f 11 ARTICLE XIV - CONFLICT OF INTEREST Personnel and other officials connected with the agreement shall adhere to the requirements given below: 1, Advice. No official or employee of the recipient, asub-recipient, or a contractor shall participate personally through decisions, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in any proceeding, application, request for a ruling or other determination, contract, grant, cooperative agreement, claim, controversy, or other particular matter in which Department of Justice funds are used, where to his/her knowledge, he/she or his/her immediate family, partners, organization other than a public agency in which he/she is serving as an officer, director, trustee, partner, or employee, or any person or organization with whom he/she is negotiating or has any arrangement concerning prospective employment, has a financial interest, or less than an arms-length transaction. 2. Appearance. In the use of Department of Justice project funds, officials or employees of the recipient, asub-recipient or a contractor, shall avoid any action which might result in, or create the appearance of: a. Using his or her official position for private gain; b. Giving preferential treatment to any person; c. Losing complete independence or impartiality; d. Making an official decision outside official channels; or e. Affecting adversely the confidence of the public in the integrity of the government or the program. ARTICLE XV -GUARD/TRANSPORTATION SERVICES TO MEDICAL FACILITY 1. The Local Government agrees, upon request of the Federal Government in whose custody a prisoner is held, to provide: a. Transportation and escort guard services for federal prisoners housed at their facility to and from a medical facility for outpatient care, and b. Transportation and stationary guard services for federal prisoners admitted to a medical facility. Form USM-241B (Rev. 2/92) IJ.S. Department of Justice United States Marshals Service IGA No. Pnge No. Intergovernmental Service Agreement Schedule J-D80-M-080 t t „r t t c, Within the first 24-hours, the Federal Government will provide the guard services. 2. Such services will be performed by qualified law enforcement or correctional officer personnel employed by the Local Government under their policies, procedures, and practices. The Local Government agrees to augment such practices as may be requested by the USM to enhance specific requirements for security, prisoner monitoring, visitation, and contraband control. 3, The Local Government will continue to be liable for the actions of its employees while they are transporting federal prisoners on behalf of the USMS. Further, the Local Government will also continue to provide workers' compensation to its employees while they are providing this service. It is further agreed that the local jail employees will continue to act on behalf of the Local Government in providing transportation to federal prisoners on behalf of the USMS. 4. Furthermore, the Local Government agrees to hold harmless and indemnify the USMS and its officials in their official and individual capacities from any liability, including third-party liability or workers' compensation, arising from the conduct of the local jail employees during the course of transporting federal prisoners on behalf of the USMS. 5. The Federal Government agrees to reimburse the Local Government at the rate stipulated on page one (1) of this agreement. Form USM441B (Rzv. 2/92) THE STATE OF TEXAS COUNTY OF KERR INTERLOCAL COOPERATION AGREEMENT FOR COUNTY JAIL FUNCTIONS THIS AGREEMENT is made and entered into this 12THday of MAY " 1997, by and between Hidalgo County, a political subdivision of the great State of Texas, hereinafter referred to as the "County", and Kerr County, also a political subdivision of the great State of Texas, hereinafter referred to as "Kerr". WHEREAS, the County is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citzens of County; and WHEREAS, Kerr is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Kerr County; and, WHEREAS, the County and Kerr desire to improve the efficiency and effectiveness of local governments by authorizing the intergovernmental contracting authority at the local level for all or part of the functions and services of police protection and detention services; and, WHEREAS, the County and Kerr mutually desire to be subject to the provisions of TIX. Government Code Chapter 791, the Interlocal Cooperation Act. NOW, THERFORE, County and Kerr, for the mutual consideration hereinafter stated, agree and understand as follows: 1. The effective date of the agreement shall be thel2Txday of N,AY A.D. 1997, and shall continue until terminated pursuant to the terms hereof. II. For the purposes and consideration herein stated and contemplated, Kerr shall provide the following necessary and appropriate services for the County to the maximum extent authorized by this agreement, without regard to race, religion, color, age, sex and national origin; to wit: A. Provide County and it's Sheriff's Department with access to and use of the Kerr County Jail facilities for the holding and incarceration of County prisoners including but not necessarily limited to, adequate personnel necessary to supervise up to twenty (20) prisoners, clothing, food, medical attention, and other appropriate necessities with respect to that number of prisoners. Kerr agrees to provide County with access to and the use of these facilities and services so long as such facilities shall be available in consideration of the requirements of the Texas Jail Standards Commission, subject to the termination rights hereinafter set forth. B. In the event that the Kerr Jail Facility shall be at maximum capacity as a result of Kerr County or other inmates, Kerr reserves the right to require the removal or transfer of County's prisoners within forty eight hours after notice to County, in order to provide facilities for Kerr prisoners, and Kerr agrees to notify County as soon as possible when a County prisoner must be removed from Kerr facilities because of capacity limits. Pape 2 Contract Hidalgo E. Kerr Counties C. In no event shall Kerr be required to accept County's prisoners under the terms and conditions of this agreement if such transfer of prisoners will cause Kerr jai! facilities to be in violation of the Texas Jail Standards Commission. Kerr, in its sole discretion, shall determine whether a County prisoner shall be accepted for incarceration by Kerr. Nothing contained herein shall be construed to compel Kerr to accept any prisoner if it would place Kerr in violation of any law or regulation of court order. D. Nothing contained herein shall be construed to compel Kerr County Sheriff Frances A. Kaiser, acting in her capacity as keeper of the jail, to accept any prisoner for any reason. III. The County shall designate a suitable officer or peace officer to act on behalf of the County Sheriff, to serve as "Liaison Officer" for County with and between, County and Kerr. The Sheriff of County, or his designated substitute, shall insure the performance of all duties and obligation of County herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of all of the County Sheriff's Department's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the futherance of the purposes, terms and conditions of this Agreement of the mutual benefit of County and Kerr. IV. The County agrees to indemnify and hold harmless Kerr, it's agents, and employees, from and against all suits, claims, damages, losses, and expenses, including reasonable attorney's fees, arising out of County's performance or non-performance of the services and duties herein stated, but only in regard to the transfer of prisoners by the County and duties herein assigned to County and specifically excluding the actual incarceration of prisoners by Kerr. County retains full liability for each prisoner until that prisoner has been processed and booked into the Kerr County Jail. V. Kerr agrees to indemnify and hold harmless the County, it's agents, and employees, from and against all suits, claims, damages, losses, and expenses, including reasonable attorney's fees, arising out of Kerr's performance or non-performance of the services and duties herein stated, but only in regard to the actual holding and incarceration of prisoners by Kerr in Kerr's facilities and specifically excluding the transfer of prisoners to and from Kerr County and this indemnity shall apply even if the damages or event was caused in whole or in part by County' s negligent act and/or omission, or that of a sub- contractor of Kerr County or that of anyone employed by or contracted with Kerr for whose acts Kerr is liable. VI. Kerr shall be solely in charge of all control, techniques, sequences, procedures, and means, and the coordination of ail work performed under the terms and conditions of this agreement in regard to the holding and incarceration of all properly delivered prisoners, Pape 3 Contract Hidalgo J4 Kert Counties shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of Kerr stated in this agreement, and give all attention necessary for such proper supervision and direction. VII. The County agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all the County's employees, and agents, the County's sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said County. VIII. Kerr agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all the County's employees, and agents, the County's sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said Kerr. IX. The County agrees fo and accepts the duty and responsibility for and overseeing ail sofefy orders, precautions, programs, and equipment necessary to the reasonable safety of the County's employees, and agents, the County's sub-contractors, and/or contract laborers, and a(i other persons doing work under a contract or agreement with said County. County further agrees to bring with each prisoner delivered to the Kem County Jail all packets, jail cards, classification data and other in Formation in the possession of County regarding each prisoner, and has the duty to advise Kerr of any known dangerous propensities of each prisoner delivered to Kerr. X. Kerr agrees to and accepts the duty and responsibility for and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of Kert's employees, and agents, Kert's sub-contractors, and/or contract laborers, and all other persons doing work under a contract or agreement with said Kerr. w. Kerr understands and agrees that Kerr County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County. XII. The County understands and agrees that the County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of Kerr County. The address of County is: Hidalgo County Commissioner's Court 100 East Cano, 2^d Floor Edinburg, Texas 78539 Attn: Honorable Judge J. Edgar Ruiz Pape 4 Contract Hidalgo >4 Kert Counties Xill. The address of Kerr County is: Ken- County Commissioner's Court Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Attn: Honorable Judge Denson XIV. For the services hereinabove stated, the County agrees to pay to Kerr, for the full performance of this agreement, the sum of THIRTY-FIVE and NO/100 Dollars ($35.00) per day for each Hidalgo County prisoner confined in Kerr facilities. A day shall constitute any time during atwenty-four (24) hour period. The County agrees to fully reimburse Kerr for all medical expenses and all directly related transporfafion costs incurred by Kerr and medically necessary to the health, safety and welfare of County's prisoners. XV. The County agrees to pay to and reimburse Kerr, in Kerr County, Texas, on a monthly basis, and upon the submission of a documented invoice by Kerr to County, for the cost of the items and expenses specified in and in accordance with paragraph XIV of this agreement during the term of this agreement. XVI. This agreement may be terminated at any time, by either party giving thirty (30) days advance written notice to the other party. In the event of such termination by either party, Kerr County shall be compensated for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should Kerr be overcompensated for all services performed to termination date, and/or be overcompensoted for reimbursable expenses as authorized by this agreement, then the County shall be reimbursed for all such overcompensation. Acceptance of said reimbursement shall not constitute a waiver of ony claim that may otherwise arise out of this Agreement. XVR. This agreement represents the entire and integrated agreement between the County and Kerr and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both the County and Kerr. Pape 5 Contract Htdalpo i Ken Counties XVill. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and alt compensation payable in Kerr County, Texas. wx. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XX. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. Executed in multiple originals on the 13Tlday of ru~Y .1997. AGREED TO county Sheriff Date:~tr-~ Z. / y 97 APPROVED AS TO FORM: ivil Attorney AGREED TO HIDALGO COUNTY, TEXAS: County Judge Date: MAY 13, 1997 APPROVED AS TO FORM: ~llCf - r~~~CtE~ County Attorney Date: ~ ~~a/ %7 Persond/Sheriff /JdlConhaclHidalpo Date: ~z~ KERR COUNTY, TEXAS: Date• MAY z7, 1997 Order No. 23971 Approval of contracts to house prisoners in Kerr County Jail from Hidalgo County and the United States Marshals Office and authorize the County Judge to sign same. Vol. V page 148 May 12, 1997