ORDER NO 26949 APPROVE CONTRACT BETWEEN KERR AND I~ICCULLOCH COUNTIES HOUSING OF INMRI"ES/ SHERIFF'S DEPT. On this the 26th day of Mar-ch 2201, upon motion made by Commissioner Let z, seconded by Commissioner- Baldwin, the Co~.Art unanimously approved by a vote of 4-0-0, to approve the contract with McCulloch Co~_mty to house inmates from McCulloch County in the f;er-r' County Jail. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND N[NE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: W.R HierhoL:er MEETING DATE: March 26.2001 OFFICE: Kerr Countv Sheriff s Office TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of contract between Ken• and McCulloch Counties to house McCulloch County inmates. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING TIC COURT: W.R Hierholzer\~i l~ ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER- NAME OF EMPLOYEE: Time for submiuing this request for Court [o assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. 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 your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. DATE: March 26, 2001 TO: Ken County Judge Fred Henneke and Ken County Commissioners' Court FROM: Sheriff W.R. Hierholzer RE: Out of County Boarding Consider and discuss approval of contract between Ken and McCulloch Counties to house McCulloch County inmates. THE STATE OF TEXAS xx xx KNOW ALL MEN BY THESE PRESENTS COUNY OF KERR xx INTERLOCAL COOPERATION AGREEMENT FOR COUNTY JAIL. FUNCTIONS THIS AGREEMENT is made and entered into this 15th day ofMazch, 2001, by and between McCulloch County, a political subdivision of the State of Texas, hereinafter referred to as "McCulloch", and Kerr County, also a political subdivision of the State of Texas, hereinafter referred to as "Kerr". WHEREAS, McCulloch 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 McCulloch 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, McCulloch 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, McCulloch and Kerr mutually desire to be subject to the provision of Chapter 791, Texas Government Code, the Interlocal Cooperation Act. NOW, THEREFORE, McCulloch and Kerr, for the mutual consideration hereinafter stated, agree and understand as follows: I. The effective date of the agreement shall be the 15`h day of Mazch A.D., 2001 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 McCulloch to the maximum extent authorized by this agreement, without regazd to disability, race, religion, color, age, sex and national origin; to-wit: A. Provide McCulloch and its Sheriff s Department with access to and use of the Kerr County Jail facilities for the holding and incazceration of McCulloch prisoners including, but not necessarily limited to, adequate personnel necessary to supervise no more than thirty (30) prisoners, unless agreed upon by McCulloch and Kerr, and providing clothing, food, reasonable and necessary medical attention, and other appropriate necessities with respect to that number of prisoners. Ken agrees to provide McCulloch with access to ,... and the use of these facilities and services so long as such facilities shall be Page 2 .-. Contract McCulloch and Kerr Counties available in consideration of the requirements of the Texas Jail Standazds 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, Kerr reserves the right to require the removal or transfer of McCulloch's prisoners within eight (8) hours after notice to McCulloch, in order to provide facilities for Kerr prisoners, and Kerr agrees to notify McCulloch as soon as possible when a McCulloch prisoner must be removed from Kerr facilities because of capacity limits. C. In no event shall Kerr be required to accept McCulloch'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 Standards Commission. Kerr, in its sole discretion, shall determine whether a McCulloch prisoner shall be accepted for incazceration by Ken. Nothing contained herein shall be construed to compel Ken 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 "' acting in his capacity as keeper of the jail, to accept any prisoner for any reason. III. McCulloch shall designate a suitable officer or peace officer to act on behalf of the McCulloch Sheriff, to serve as "Liaison Officer" for McCulloch with and between McCulloch and Ken. The Sheriff of McCulloch, or his designated substitute, shall insure the performance of all duties and obligations of McCulloch herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of McCulloch in full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of all of the McCulloch 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 McCulloch and Kerr. IV. McCulloch 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 McCulloch's performance or non-performance of the services and duties herein stated, but only in regard to the transfer of prisoners by McCulloch and duties herein assigned to McCulloch and specifically excluding the actual incazceration of prisoners by Kerr. McCulloch retains full liability for each prisoner until ~' that prisoner has been processed and booked into the Ken County Jail. ^' Page 3 Contract McCulloch and Ken Counties V. Kerr agrees to indemnify and hold harmless McCulloch, 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 Ken's facilities and specifically excluding the transfer of prisoners to and from Ken• County. VI. Kerr shall be solely in chazge of all control, techniques, sequences, procedures, and means, and the coordination of all work performed under the terms and conditions of this agreement in regazd 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. McCulloch agrees to and accepts full responsibility for the acts, negligence, and/or ^ omissions of all McCulloch's employees, and agents, McCulloch's sub-contractors, and/or contract laborers. VIII. Ken agrees to and accepts fiill responsibility for the acts, negligence, and/or omission of all Ken's employees, and agents. IX. McCulloch agrees to and accepts the duty and responsibility for and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of McCulloch's employees, and agents, McCulloch's sub-contractors, and/or contract laborers. McCulloch further agrees to bring each prisoner delivered to the Ken County Jail all packets, jail cards, classification data and other information in the possession of McCulloch regazding each prisoner, and has the duty to advise Ken 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 Kerr'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. Page 4 ^-. Contract McCulloch 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 McCulloch . XII. McCulloch understands and agrees that McCulloch, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives ofKerr County. McCulloch is a political subdivision of the State of Texas. The address of McCulloch is: McCulloch County Commissioners Court 300 West Main Street Brady, Texas 76825 Attn: Honorable Judge Young XIII. Kert County is a political subdivision of the State of Texas. The address of Ken 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, McCulloch agrees to pay to Kerr, for the full performance ofthis agreement, the sum of THIRTY-SEVEN AND NO/100 Dollazs ($37.00) per day for each McCulloch County prisoner confined in Ken facilities. A day shall constitute any portion during atwenty-four (24) hour period beginning and ending at midnight. McCulloch further agrees to reimburse Kerr for damages which are directly caused to Kerr facilities or employees by the direct action of a McCulloch prisoner. McCulloch agrees to fully reimburse Kerr for all medical expenses and all directly related transportation costs incurred by Ken and medically necessary to the health, safety and welfare of McCulloch's prisoners. XV. McCulloch 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 McCulloch, 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. ^' Page 5 Contract McCulloch 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, Ken 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 Ken be overcompensated for all services performed to termination date, and/or be overcompensated for reimbursable expenses as authorized by this agreement, then McCulloch 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 McCulloch and Kerr 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 McCulloch 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 Ken 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 aze now in full force and effect. Executed in multiple originals on the 15"' day of Mazch, 2001. Page 6 Contract McCulloch and Kerr Counties AGREED TO KERB COUNTY, TEXAS TEXAS: County Judge Date: County Sheriff Date: ^ APPROVED AS TO FORM: Civil Attorney Date: AGREED TO MC CULLOCH COUNTY, County Judge Date: County Sheriff Date: APPROVED AS TO FORM: County Attorney Date: THE STATE OF TEXAS xx xx KNOW ALL MEN BY THESE PRESENTS COUNY OF KERR xx INTERLOCAL COOPERATION AGREEMENT FOR COUNTY JAIL FUNCTIONS THIS AGREEMENT is made and entered into this 15th day of March, 2001, by and between McCulloch County, a political subdivision of the State of Texas, hereinafter referred to as "McCulloch", and Kerr County, also a political subdivision of the State of Texas, hereinafter referred to as "Kerr". WHEREAS, McCulloch 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 McCulloch 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, McCulloch 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, McCulloch and Kerr mutually desire to be subject to the provision of Chapter 791, Texas Government Code, the Interlocal Cooperation Act. NOW, THEREFORE, McCulloch and Kerr, for the mutual consideration hereinafter stated, agree and understand as follows: I. The effective date of the agreement shall be the 15`h day of March A.D., 2001 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 McCulloch to the maximum extent authorized by this agreement, without regazd to disability, race, religion, color, age, sex and national origin; to-wit: A. Provide McCulloch and its Sheriff s Department with access to and use of the Ken County Jail facilities for the holding and incarceration of McCulloch prisoners including, but not necessazily limited to, adequate personnel necessary to supervise no more than thirty (30) prisoners, unless agreed upon by McCulloch 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 McCulloch with access to and the use of these facilities and services so long as such facilities shall be Page 2 Contract McCulloch and Kea Counties available in consideration of the requirements of the Texas Jail Standazds 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 Kerr County or other inmates, Ken reserves the right to require the removal or transfer of McCulloch's prisoners within eight (8) hours after notice to McCulloch, in order to provide facilities for Kerr prisoners, and Ken agrees to notify McCulloch as soon as possible when a McCulloch prisoner must be removed from Kerr facilities because of capacity limits. C. In no event shall Kerr be required to accept McCulloch'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. Kerr, in its sole discretion, shall determine whether a McCulloch prisoner shall be accepted for incazceration 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 acting in his capacity as keeper of the jail, to accept any prisoner for any reason. III. McCulloch shall designate a suitable officer or peace officer to act on behalf of the McCulloch Sheriff to serve as "Liaison Officer" for McCulloch with and between McCulloch and Kea. The Sheriff of McCulloch, or his designated substitute, shall insure the performance of all duties and obligations of McGtiilloch herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of McCulloch in full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of all ofthe McCulloch Sheriff's Department's etployees, 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 McCulloch and Ken. IV. McCulloch 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 McCulloch's performance or non-performance of the services and duties herein stated, but only in regazd to the transfer of prisoners by McCulloch and duties herein assigned to McCulloch and specifically excluding the actual incarceration of prisoners by Kerr. McCulloch retains full liability for each prisoner until that prisoner has been processed and booked into the Kerr County Jail Page 3 Contract McCulloch and Kerr Counties V. Kerr agrees to indemnify and hold harmless McCulloch, 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 regard to the actual holding and incazceration of prisoners by Kerr in Ken's facilities and specifically excluding the transfer of prisoners to and from Ken County. 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 regazd to the holding and incarceration 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. McCulloch agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all McCulloch's employees, and agents, McCulloch'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. McCulloch agrees to and accepts the duty and responsibility for and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of McCulloch's employees, and agents, McCulloch's sub-contractors, and/or contract laborers. McCulloch further agrees to bring each prisoner delivered to the Ken County Jail all packets, jail cazds, classification data and other information in the possession of McCulloch 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. Page 4 Contract McCulloch and Kerr Counties XI. Kerr understands and agrees that Ken County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of McCulloch . XII. McCulloch understands and agrees that McCulloch, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of Ken County. McCulloch is a political subdivision of the State of Texas. The address of McCulloch is: McCulloch County Commissioners Court 300 West Main Street Brady, Texas 76825 Attn: Honorable Judge Young 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 hereinabeve stated, McCulloch agrees to pay to Kerr, for the full performance of this agreement, the sum of THIRTY-SEVEN AND NO/100 Dollars ($37.00) per day for each McCulloch County prisoner confined in Kerr facilities. A day shall constitute any portion during atwenty-four (24) hour period beginning and ending at midnight. McCulloch further agrees to reimburse Ken for damages which are directly caused to Kerr facilities or employees by the direct action of a McCulloch prisoner. McCulloch 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 McCulloch's prisoners. XV. McCulloch agrees to pay to and reimburse Kerr, in Kerr County, Texas, on a monthly basis, and upon the submission of a documented invoice by Ken to McCulloch, 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. Page 5 Contract McCulloch and Ken 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 tennination 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 McCulloch shall be reimbursed for all such overcompensation. Acceptance of said reimbursement shall not constitute a waiver of any claim that may othcrwisc azise out of this agreement. XVII. This agreement represents the entire and integrated agreement between McCulloch and Kerr 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 McCulloch 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. 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 15`~ day of March, 2001. Page 6 Contract McCulloch and Kerr Counties AGREED TO KERR COUNTY, TEXAS TEXAS: County Judge Date: ~ 4 County Sher Date: APPROVED AS TO FORM: ~y ~1F>;~ uary ATTaZ~ Date: Z Z Dp AGREED TO MC CULLOCH COUNTY, County Judge Date: County Sheriff Date: APPROVED AS TO FORM: County Attorney Date: