x 'y N C N ~ ~ ~KD} O1 a ~ pp ~ ~P ~ ~ C ~ ~ rt N ~ ~ oo rt a ~ ~ ~ rn ~ro "' ~ ~ ~ o ~ a rt ~, r ORDER NO. c5641 APPROVRL OF INTERLOCAL COOPERRTION RGREEMENT FOR HOUSING PRISONERS BETWEEN KERR COUNTY AND LLRNO COUNTY On this day the 9th day of November, 1998 upon motion made by Commissioner' Let z, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 5-0-0, of Interlocal Cooperation Rgr•eement for' housing pr'isoner's between Kerr County and Llano County and authorize the County Judge to sign same. FR~1 Kerr County Judge PHOIJE N0. 1 210 792 2218 Oct. 26 1998 11:05811 P3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS SEOUFST ANb DOCUMENTS TO BE REVIEWED BY THE ~OIIItT. MADE $Y: Sheriff Frances A. Kaiser OFFICE: Sheriff's Office MEETING DATE: t t / 9~g R TIIviE PREFERRED: AM SUBJECT: (PLEASE BE SPECIFIC) Discuss and approve interlocal cooperation agreement for housing prisoners between Kerr County Sheriff's Department and Llano County Sheriff's Department. E7{ECUTTVE SESSION REQUESTED: (PLEASE STATE REASON) N /A G~~~ NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRES)rIVTATION: IF PERSONNEL MATTER - NAA~ OF EMPLOYEE: Frances A. Kaiser 10 Minutes Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter S51 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. pre~;ous Monday. 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 you request being addressed at the earliest opportunirty. See Agenda Request Rules Adopted by Commissioners' Court. '98 W SO ~5rp~l STATE OF TEXAS C COUNTY OF KERR § ~~ 474-P02. KNOV1' ALL MEN pY TktESE PRESl;N7'S INTERWCAL COOFERATION AGREEMENT FnR COUNTY JAIL Ft1NC"TIUNS THIS AGREEMENT is made and entered into this 9'" day of ~n/. , 1995, by ' and between Llano County, a political subdivision of the Slate of Texas, hercinafier referred to as "Llano', and Kerr County, also a political subdivision ofthe State of Texas, hercinaRer referred , to as "Kerr'. WHEREAS, Llano is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services f'or the benetit of the citizens of Llano County: and WHEREAS, Kerr is a duly organized political subdivision of the: State of'fexas engaged in the adminisu'ation of county government and related services f'or the benetit of the citizens of Kerr County: and WHEREAS, Uano and Kerr desire to improve the clliciency anJ et)'ectiveness of local governments by authorizing the intergovernmental contracting authority at the Incal Jeve[ for al{ or part oi~ the limctions and services of police protection and detention services; and WHEREAS, Uano and Kerr mutually desire to he subject to the provision ofTEX. C'IV. Sl'A'f. ART. 4413 (32c), Vernon Supp. 19SS), the Interlocal Cooperation Act. NU\4', THEREFORE, Llano and Kerr for the nwlual consideration hcreinafier stated. agree and understand as follows: 1. The effective date oC the agreement shall be the I st day of a,a H?.(.. _ , 1995, and shall continue until terminated pursuant to the terms hereof. ll. For the purposes and consideration herein stated and contemplated, Kerr shall provide the ,.,:, ,, OCT 20 '98 10:04 LLRNOT ~~---~ ~' 474 P03 PAGE2 following necessaq~ and apprupriate services for Llano to the maximum extent authorized by this agreement, without regard to race, religion, color, age, sex and national origin; to-wit: A. Provide Llano and its Slterit}'s Department with access to and use of the Kerr Coutttyjail facilities for the holding and incarceration of Llano prisoners including, but nvt necessarily limited tv, adequate personnel necessary tosupervise nu more than twenty (20) prisoners and providing clouting, food, reasonable and necessary medical attention, and other appropriate necessities with respect to that number cif prisoners. Kerr agrees to provide Llano with access tv 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. li. In the event that the Kerr Cvunlyjail facilities shall be al maximum capacity as a result of Kerr Cvunty or other inmates, Kerr reserved the right to require the removal or transfer of Llano's prisoners within twenty-four (2A) hours after notice to Llano in order to provide facilities f'or Kerr prisoners, and Kerr agrees to notify Llano as soon as possible when a Llano prisoner must be removed from Kerr facilities because ot'capacity limits. C. to no event shall Kerr he required to accept Llxno's prisoners under the terms and conditions of this agreement if such transfer of prisoners will cause Kerr jail `• facilities to be in violative of the Texas Jail Standards Commission. Ken', in its . sole discretion. shall determine whether a Llano Prisoner shall be accepted for incarceration by Kerr. Nothinb contained herein shall be construed tv cvtnpel Kzrr 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 SheritT Frances A. Kaiser, acting in her capacity as keeper of the jail, to accept any prisoner if said prisoner interferes with the safety ofjail personnel, other jail inmates or interferes with the orderly operation of the Kerr County Jail. III. Uano Cvumy designates the Llano County Sherilhas "Liaison UI}icer' for Uano County and Kcrr Cvunty designates the Ken- County SheritT as "Liaison Ulficer° for Kerr County as ~~ith and between, Llano and Kerr. 'fhe respective county sheritTof each county. or hiuher designated substitute, shall insure the pa•forntance of all duties and obligation of said county as herein stated: 0CT 20 '98 10:04 ~~~ ~ `'~ 474 P04 PAGE 3 and, shall devote sulficicnt time and attention to the execution of said duties on behalf of said county in full compliance with the terms and conditions of this agreement, anJ shall provide immediate and direct supervision of all of the sheriff's department employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and cr~nditivns of this agreement of the mutual benefit of Llano and Kerr. IV. Any notice required under this agreement shall be sent as follows. Mr. Nathan Garrett (or his successor) Sheritl; Llano County 100 VJ. Sandstone, Room ?00 Llano, Texas 78643 ,pity notice required under this agreement to Kerr County shall be sent as follows'. Ms. Frances A. Kaiser (or her successor) Sheriff; Kerr County 400 Clearwater Paseo Kerrville, Texas 78028 V. Llano agrees to indcnurify and hold harmless Kerr, its agents, and employees, from and against all suits, claims, damages. Ivsses, and expenses. including reasonable attorney's tees, arising out of Llano's performance or non-performance of the services and duties herein stated, but only in regard to the transfer of prisoners by Llano and duties herein assigned to Llano County and specifically excluding the actual incarceration of prisoners by Kerr. I-I;ux~ retains tall liability for each prisoner until that prisoner has been processed and bouked into thz Kerr County tail. \' I . Kerr agrees to indemnify and hold harmless Llano. i[s agents and employees, tmm an against all suits, claims, damages. Ivsses• and expenses, including reasonable attvrneY~` tees• PAGE:4 arising out of Kerr's pertbrmance or non-performance of the services and duties Itercitt stated. but only in regard to the actually holding and incarceration of prisoners by Kerr in Kerr's facilities and specifically excluding the transfer of prisoners to and from Kerr County by Llano County. VII. Kerr shall be solely in charge of all control, techniques, sequences, procedures, and means, and the coordination ot'all work performed under the terms and umditions o1'tltis agrc;entent in regard to the holding and incarceration of all properly delivered prisoners. Kerr shall insure, dedicate and devote the full time and attention of those employees necessary tur the proper execution and completion of the duties and obligations ol'Kerr statist in this agreement, and give ell attention necessary for such property supervision and direction. \'1[1. Llano agrees tv and accepts full responsibility for the acts, negligence, and/or omissions of Llano's employees and agents, the Llano's sub-contractors, and/or contract laborers, and I'or those of all other persons doing work under a contract or agreement with Llano. IX. Kerr agrees to and accepts full responsibility f'or the acts, negligence. and/or omissions of all Kcrr's employees and agents, Kerr's sub-contractors and/or contracWr laborers, and 1'a' those of all other persons doing work under a contract or agreemem with said Kcrr X. Llano agrees to bring with each prisoner delivered to the Kerr County Jail all packets, fail cards, classification data and other information in the possession of Llano regarding each prisoner and Llano has the duty to advise Kerr of any known dangerous propensities of each prisa~cr delivered to Kerr. XI. OCT 20 '98 10:06 LLRNO CO SO 474 Pbb PAGES Kert agrees to and acr:epts the duty and responsibility for and overseeing all safety orders, precautions, programs and equipment necessary to the reasonable safety of Kerr's employees, and agents, Kerr's sub-contractors and/or contract laborers and all other person doing work under a contract or agreement with said Kerr. X11. Kerr understands and agrees that Kerr Cvunty, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of Llano. Xlll. Llano understands and agrees that Llano, its employees, servants, agents and representatives shall at no time represent themselves to he employees, servants, agents and!or representatives of Kerr County. XIV. For the services hereinabove stated, the County agrees to pay to Kerr. for the full performance oi'lhis agreement, the sum of THIRTY-FINK AND NO/IOU DOLLARS 035.00) per day for each Llano County prisoner confined in Kerr facilities. A day shall constitute any tirtte during a hventy-four (24) hour pa~iod. Provided however, if Llano County has been given notice by Kerr County to remove its prisoner(s), Llano County shall have twelve (12) hours to remove said prisoner without charge for housing said prisoner, save and except a prisoner demanded to be removed fur safety reasons, shall be removed immediately and Llano Couuy shall be charged for said prisoner. Llano agrees to fully reimburse Kerr for all medical expenses and all directly related transportation cuts inwrred by Kerr and medically necessary for the health, safety and ~+elfare of .. • - -.. - OCT 20 ' 98 10:06 ~ LLRh10 CO SO 474 P07 PAGE 6 Llano's prisoners. XV. Llano agrees to pay to and reimburse Kerr, in Kerr County, Texas, on a monthly basis. and upon the subtttissivn of a documented invoice by Kerr to Llano, for the cost ot'housing Llano's prisoners within thirty (30) days after receipt of KetT County's im~oice. The invoice sltalj be delivered to the Llano County SheriA'for review and submission to the Llano County Treasurer for payment. X\rl. This agreement may be terminated at any time by either party giving thirty (30) day advance written notice to the other parry. In the event of such termination by either party, Kerr County shall be compensated for all services pertbrrned to termination date, together .vith reimbursable expenses then due and as authvriacd by this agreement. In the event of such termination, should Kerr be overcompensated for all services perlonned to termination date. and/or be overwmpensated for reimbursable expenses as authorized by this agreement, then ' Llano shall be reimbursed for all such overcompensation. Acceptance of said reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agroement. X\'11. This agreement represents the entire and integrated agreement between Llano 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 Llano and Kerr XVill. The validity of this agreement and of any of its terms or pro~•isiuns as well as the rights and duties of the parties hereto. shall be governed by the laws of the State of 7e~as. Fw~ther, this agreentcnt shall be performable and all compensation payable in Kerr County, Teas. .~~OCT 20 '98 10:07 ~ LLfYJO CO SO ~ 474 P08 PAGE xlx. In the event that any portion of this agreement shall be found to be wntrary to law, it is the intent of the parties hereto that the remaining portions shall retrain valid and in full force and effect to the extent possible. XX. The undersigned officers artd/or agents of the parties hereto are the properly authorized otlicials and have the necessary authority to execute this agreement on beltalFof 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 day of 1995. AGREED TO BY: AGREED TO BY• KERR COUNTY, TEXAS f.L/YIp1O jgOUNTY_TEXAS County County 5~ Date: 114 ~ ~.r..., GI 11~t~.+ Kerr County Sheriff Printed Name: '/ Date: _ __ Date: ~Q ~`- Llano County Sheriff Printed Name: Date: ~- // - %~ P ROVED .AST M' Keen ~ any Attorney Fo K K~nR [e uN •nr Printed Name: Date: APPROVED AS TO FURA4: ~_ Llano my Attorne}• PrinJ,gd :'Vam M~ I^ Lih~~t -~.--K-CJ Date. ~ a -I I-4d' __