ORDER N0. 26157
RF'PROVE INTERLOCAL CDOGERRTION AGREEMENT
FOR COUNTY JAIL FUNCTIONS
(CONTRRCT BETWEEN KERB COUNTY
AND GURDRLUF'E COUNTY)
On this the 13th day of December^ 1999, upon motion made by
Commissioner Baldwin, seconded by Commissioner Let z, the Court
unanimously approved by a vote of 4-0-0, the Inter^local
Cooperation Rgr^eement for County Jail Functions between N.er^r
County and Guadalupe Co~_mty to ho~_~se out-of-county prisoners
and authorized the County Judge to sign same.
THE STATE OF TEXAS xx
xx KNOW ALL MEN BY THESE PRESENTS
COUNY OF KERB xx
INTERLOCAL COOPERATION AGREEMENT
FOR COUNTY JAIL FUNCTIONS
THIS AGREEMENT is made and entered into this 15th day of November, 1999, by
and between Guadalupe County, a political subdivision of the State of Texas, hereinafter
referred to as "Guadalupe", and Kerr County, also a political subdivision of the State of
Texas, hereinafter referred to as "Kerr".
WHEREAS, Guadalupe 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 Guadalupe 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 Ken County; and
WHEREAS, Guadalupe 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, Guadalupe and Kerr mutually desire to be subject to the provision of
Chapter 791, Texas Government Code, the Interlocal Cooperation Act.
NOW, THEREFORE, Guadalupe and Kerr, for the mutual consideration hereinafter
stated, agree and understand as follows:
I.
The effective date of the agreement shall be the 15'" day ofNovember A.D., 1999
and shall continue until terminated pursuant to the terms hereof.
II.
For the purposes and consideration herein stated and contemplated, Ken shall
provide the following necessary and appropriate services for Guadalupe to the maximum
extent authorized by this agreement, without regazd to disability, race, religion, color,
age, sex and national origin; to-wit:
A. Provide Guadalupe and its Sheriff s Department with access to and use of the
Ken County Jail facilities for the holding and incarceration of Guadalupe
prisoners including, but not necessarily limited to, adequate personnel
necessazy to supervise no more than thirty (30) prisoners, unless agreed upon
by Guadalupe and Kerr, and providing clothing, food, reasonable and
necessary medical attention, and other appropriate necessities with respect to
that number of prisoners. Kerr agrees to provide Guadalupe with access to
and the use of these facilities and services so long as such facilities shall be
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Contract Guadalupe and Ken Counties
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 County Jail Facility shall be at maximum capacity as
a result of Ken County or other inmates, Ken reserves the right to require the
removal or transfer of Guadalupe's prisoners within eight (8) hours
after notice to Guadalupe, in order to provide facilities for Ken prisoners, and
Kerr agrees to notify Guadalupe as soon as possible when a Guadalupe
prisoner must be removed from Kerr facilities because of capacity limits.
C. In no event shall Ken be required to accept Guadalupe's prisoners under the
terms and conditions of this agreement if such transfer of prisoners will cause
Jail Facility to be in violation of the Texas Jail Standazds Commission. Ken, in
its sole discretion, shall determine whether a Guadalupe prisoner shall be
accepted for incarceration by Ken. 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 Ken County Sheriff
acting in his capacity as keeper of the jail, to accept any prisoner for any
reason.
TII.
Guadalupe shall designate a suitable officer or peace officer to act on behalf of the
Guadalupe Sheriff, to serve as "Liaison Officer" for Guadalupe with and between
Guadalupe and Kerr. The Sheriff of Guadalupe, or his designated substitute, shall insure
the performance of all duties and obligations of Guadalupe herein stated; and, shall devote
sufficient time and attention to the execution of said duties on behalf of Guadalupe in full
compliance with the terms and conditions of this agreement; and, shall provide immediate
and direct supervision of all of the Guadalupe Sheriff's Department's employees, agents,
contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes,
terms and conditions of this Agreement of the mutual benefit of Guadalupe and Ken.
IV.
Guadalupe 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 Guadalupe's performance or non-performance of the
services and duties herein stated, but only in regard to the transfer of prisoners by
Guadalupe and duties herein assigned to Guadalupe and specifically excluding the actual
incarceration of prisoners by Kerr. Guadalupe retains full liability for each prisoner until
that prisoner has been processed and booked into the Kerr County Jail.
Page 3
Contract Guadalupe and Kerr Counties
V.
Kerr agrees to indemnify and hold harmless Guadalupe, it's agents and employees,
from and against all suits, claims, damages, losses, and expenses, including reasonable
attorney's fees, arising out of Ken's performance or non-performance of the services and
duties herein stated, but only in regazd to the actual holding and incazceration of prisoners
by Kerr in Kerr's facilities and specifically excluding the transfer of prisoners to and from
Kerr County.
~.
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 incazceration of all properly delivered prisoners,
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.
Guadalupe agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all Guadalupe's employees, and agents, Guadalupe's sub-contractors, and/or
contract laborers.
VIII.
Kerr agrees to and accepts full responsibility for the acts, negligence, and/or omission
of all Kerr's employees, and agents.
IX.
Guadalupe agees to and accepts the duty and responsibility for and overseeing all
safety orders, precautions, programs, and equipment necessary to the reasonable safety of
Guadalupe's employees, and agents, Guadalupe's sub-contractors, and/or contract
laborers.
Guadalupe further agrees to bring each prisoner delivered to the Kerr County Jail all
packets, jail cazds, classification data and other information in the possession of
Guadalupe regazding each prisoner, and has the duty to advise Ken of any known
dangerous propensities of each prisoner delivered to Ken.
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 ageement with said Kerr.
Page 4
Contract Guadalupe and Kerr Counties
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 Guadalupe.
XII.
Guadalupe understands and agees that Guadalupe, its employees, servants, agents and
representatives shall at no time represent themselves to be employees, servants, agents
and/or representatives of Ken County.
Guadalupe is a political subdivision of the State of Texas. The address of Guadalupe is:
Guadalupe County Commissioners Court
307 West Court Street
Seguin, Texas 78155
Attn: Honorable Judge Sagebiel
XIII.
Kerr County is a political subdivision of the State of Texas. The address of Kerr
County is:
Kerr County Commissioners Court
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Attn: Honorable Judge Henneke
XIV
For the services hereinabove stated, Guadalupe agees to pay to Kerr, for the full
performance of this ageement, the sum of THIRTY-FIVE AND NO/100 Dollazs
($35.00) per day for each Guadalupe County prisoner confined in Kerr facilities. A day
shall constitute any portion during atwenty-four (24) hour period beginning and ending at
midnight.
Guadalupe further agees to reimburse Kerr for damages which are directly caused to
Kerr facilities or employees by the direct action of a Guadalupe prisoner.
Guadalupe 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 welfaze of Guadalupe's prisoners.
XV
Guadalupe agees to pay to and reimburse Kerr, in Ken County, Texas, on a monthly
basis, and upon the submission of a documented invoice by Kerr to Guadalupe, for the
cost of the items and expenses specified in and in accordance with pazagraph XIV of this
agreement during the term of this ageement.
Page 5
Contract Guadalupe and Kerr Counties
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 Guadalupe 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 agreement.
XVII.
This agreement represents the entire and integrated agreement between Guadalupe and
Ken and supersedes all prior negotiations, representation, and/or agreements, either
written or oral. This agreement may be amended only by written instrument signed by
both Guadalupe and Kerr.
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 law of the State of Texas.
Further, this agreement shall be performable and all compensation payable in Kerr County,
Texas.
3~.
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 15`s day of November, 1999.
Page 6
Contract Guadalupe and Kerr Counties
AGREED TO
KERB COUNTY, TEXAS
TEXAS:
ounty Jfu~dge
Date: ~
ounty Sheriff
Date: n-3o -19
APPROVED AS TO FORM:
~w~r~/ ~i~it y
/ Date: ~ 99 7
AGREED TO
GUADALUPE COUNTY,
Date: //- Z z - ~~
~'T-
APPROVED AS TO FORM:
County Attorne
Date: ~~ "LZ 9 q
County She '