ORDER NO. 23947
ApPROVRL OF INTERLOCAL RGREEMENT
PF_TWEEN RERL COUNTY AND I{ERR COUNTY
'f0 HOUSE PRISONERS
RNA COUNTY JUDGE TO SIGN SRME
On this the 5th day of May 1997, upon motion made by
Commissioner Haldwin, seconded by Commissioner Letz, the Court
unanimously approved by a vote of 4-0-0, the interloca2
agreement between Real County and Kerr County to ho~_ise
prisoners at the Kerr County I_aw Enforcement Center
and authorise the County Judge to sign same.
THE STATE OF TEXAS }
COUNTY OF KERR }
INTERLOCAL COOPERATION AGREEMENT
FOR COUNTY JAIL FUNCTIONS
THIS AGREEMENT is made and entered into this ~ day of ~ ` 1997, by and
between Real 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 citizens 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
Government Code Chapter 791, the Interlocal Cooperation Act.
NOW, THERFORE, County and Kerr, for the mutual consideration hereinafter stated,
agree and understand as follows:
I. _
The effective date of the agreement shall be the 5 day of ~, A.D. 199f;1 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 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.
Page 2
Contract Real & 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 jail 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 io 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 all work performed under the terms and conditions of this
agreement in regard to the holding and incarceration of all properly delivered prisoners,
Page 3
Contract Real & Kerr 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 to and accepts the duty and responsibility for and overseeing all
safety 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 all other persons doing work under a contract or agreement with said
County.
County further agrees to bring with each prisoner delivered to the Kerr County Jail all
packets, jail cards, classification data and other information 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
Ken''s employees, and agents, Ken''s sub-contractors, and/or contract laborers, and all
other persons doing work under a contract or agreement with said Kerr.
XI.
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:
Real County Commissioner's Courf
P.O. Box M
Real, Texas 78873
Attn: Honorable Judge Twilligear
Page 4
Contract Real 8, Kerr Counties
XIII.
The address of Kerr County is:
Kerr 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 Gillespie County prisoner confined in Kerr facilities. A day shall constitute
any time during atwenty-four (24) hour period.
The County further agrees to reimburse Kerr for damages which are directly caused to
Kerr facilities or employees by the direct action of a County prisoner.
The County agrees to fully reimburse Kerr for all medical expenses and all directly
related transportation 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 XIVof 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 overcompensated 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
any claim that may othervvise arise out of this Agreement.
XVII.
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.
Page 5
Contract Real & Kerr Counties
XVIII.
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 all compensation payable in Kerr
County, Texas.
XIX.
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
AGREED TO
KERR COUNTY, TEXAS:
Cour~ty Jud e U `./
Date:
day of .1997.
AGREED TO
REAL COUNTY, TEXAS:
- - ~
,j~/
County Judge -
Date: -~~ _ ~~
County Sheriff
Date: ~/ 7 / ~/ 7
APPROVED AS TO FORM:
ivil Attorney
Date: S ~
Personal/Sheriff/Fo s/Jai oniraciReal
C my Sheriff
Date: `-/ - 97 S -- 9 7
APPROVED
County Attorney GG
Date: ~~/~ ~ ~/T
Order No. 23947
Approval of Interlocal
Agreement between Real County
and Kerr County to house
prisoners and County Judge
to sign same
May 5, 1997
Vol. V page 131
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