ORDER ND. 7335
KERR COUNTY SHERIFF'S DEPRRTMENT
INTERLOCAL CDNTRACT
On this the ;'6th day of November ~@01, upon motion made by
Commissioner- Griffin, seconded by Commissioner Baldwin, the
Co~_ir^t unanimously approved by a vote of 4-0-0, N.er'r• County
Sheriff's Department to par^ticipate in the inter•local
cooperation contr-act with Texas Department of Public Safety,
and authorize County Judge to sign same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: W.R Hierholzer
MEETING DATE: November 26 2001
OFFICE: Kea County Sheriff s Office
TIME PREFERRED:.
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss authorizing Kea County Sheriff s Department to participate in an Interlocal
Cooperation Contract with Texas Departrnent of Public Safety
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
W.R Hierholzer
2 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chap[er 551 and
552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON: @
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed 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 eazliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court.
DATE: November 26, 2001
TO: Kerr County Judge Fred Henneke and
Kerr County Commissioners' Court
FROM: Sheriff W.R Hierholzer
RE: Interlocal Cooperation Contract with DPS
To consider and discuss authorizing Kerr County Sheriff s Department to
Participate in an Interlocal Cooperation Contract with Texas Department
of Public Safety.
INTERLOCAL COOPERATION CONTRACT
STATE OF TEXAS
COUNTY OF TRAVIS
L CONTRACTING PARTIES
THIS CONTRACT is entered into by and between the Texas Department of Public Safety
("RECEIVING AGENCY"), and the of
("PERFORMING AGENCY"), shown below as Contracting Parties, pursuant to the authority granted
by and in compliance with the provisions of the INTERLOCAL COOPERATION ACT, TEx. Gov'T
CODE ANN. §§ 791.001 et seq. (Vernon 1994 &Supp. 2001) and Senate Bill 1, General Appropriations
Act, 77`h Regular Session, Article 5, Page V-46, Fugitive Apprehension Account.
II. DEFINITIONS
A. Absconder: a person for whom a parole revocation warrant has been issued by the
Pardons and Paroles Division of the Texas Department of Criminal Justice ("TDCJ")
under TEx. Gov'T CODE ANN. § 508.252 (Vernon Supp. 2001).
B. Revocation Warrant: a "Blue Warrant" issued by the TDCJ, pursuant to authority
,.- granted by Tex. Gov'T CODE ANN. § 508.252 (Vernon Supp. 2001).
III. PURPOSE
The purpose of this Contract is to set out the terms and conditions under which PERFORMING
AGENCY will assist RECENING AGENCY in administering RECENING AGENCY'S Fugitive
Apprehension Program by serving parole revocation warrants issued by the Pardons and Paroles
Division of the Texas Department of Criminal Justice.
N. DURATION
This Contract commences on September 1, 2001, and terminates on August 31, 2002. RECENING
AGENCY shall not be liable to the PERFORMING AGENCY for reimbursements incurred by the
PERFORMING AGENCY prior to the date that the PERFORMING AGENCY executes this contract
or after the termination of this contract.
V. AGREEMENT
NOW THEREFORE, PERFORMING AGENCY and RECENING AGENCY, in
consideration of the mutual covenants and agreements herein contained do mutually agree as follows:
A. PERFORMING AGENCY and RECENING AGENCY agree to abide by all federal and state
,._
laws and regulations.
B. RECENING AGENCY agrees to:
reimburse PERFORMING AGENCY at the rate specified in Article VI for each parole
revocation warrant served by PERFORMING AGENCY pursuant to the terms of this
Contract until this Contract is either terminated by its own terms or upon written
agreement of both Contracting Parties.
notify PERFORMING AGENCY in writing if reimbursement under this Contract will
be delayed as the result of circumstances beyond the control of RECENING AGENCY.
the extent it is reasonably practicable for the RECENING AGENCY and to the extent
the RECENING AGENCY has available personnel, cooperate fully with
PERFORMING AGENCY in any matter related to the purpose of this Contract.
C. PERFORMING AGENCY agrees to:
1. serve parole revocation warrants as expeditiously as possible.
2. promptly notify RECENING AGENCY in writing of any payment dispute, specifying
in detail the item or items disputed.
3. bill RECENING AGENCY on a monthly basis for all services rendered under the terms
„_. of this Contract, including any necessary supporting documentation.
4. cooperate fully with RECENING AGENCY in any matter related to the purpose of this
Contract.
VI. CONSIDERATION
A. $300.00 Reimbursement
As consideration for PERFORMING AGENCY'S performance under this Contract, RECENING
AGENCY agrees to reimburse PERFORMING AGENCY in the amount of Three Hundred Dollazs and
No Cents ($300.00) for each parole revocation warrant served by PERFORMING AGENCY if:
the person was identified by RECENING AGENCY as an absconder; or
2. the instant offense on the parole revocation warrant is one of the following offenses:
A. Murder
B.	Capital Murder
C.	Kidnapping
D.	Aggravated Kidnapping
E.	Sexual Assault
F.	Aggravated Sexual Assault
G.	Indecency with a Child
H.	Possession or Promotion of Child Pornography
"~ I.	Aggravated Assault
J.	Injury to a Child, Elderly or Disabled Individual
K.	Robbery
L.	Aggravated Robbery
M.	Burglary of a Habitation
N	Arson
B. $600.00 Reimbursement
As consideration for PERFORMING AGENCY'S performance under this Contract, RECENING
AGENCY agrees to reimburse PERFORMII`TG AGENCY in the amount of Six Hundred Dollars and
No Cents ($600.00) for each parole revocation warrant served by PERFORMING AGENCY if:
the person was identified by RECENING AGENCY as a "Texas High Profile Sex Offenders;"
or
2. the person was identified by RECENING AGENCY as both a "Texas Ten Most Wanted" and
an absconder.
VII. PAYMENT
RECENING AGENCY shall pay for services rendered by PERFORMING AGENCY by
vouchers drawn by RECENING AGENCY payable to PERFORMING AGENCY. PERFORMING
AGENCY will bill RECENING AGENCY monthly for all parole revocation warrants served during
the preceding thirty (30) days.
The actual TCIC/NCIC Warrant must accompany the completed reimbursement request form
and arrest report. The administrative message from TDCJ is not an acceptable substitute for the
TCIC/NCIC Warrant, except in special circumstances to be determined by the RECENING
AGENCY'S Program Administrator.
VIII. TERMINATION
This Contract maybe terminated by any of the following conditions:
By mutual agreement and assent of both Contracting Parties if in writing and signed by
both Contracting Parties.
2. By either party upon service of written notice of termination upon the other party no later
than thirty (30) days prior to the date of termination.
"~ 3. By expiration of this Contract under its own terms.
4. By depletion of the funds allocated to these Contracts by the RECENING AGENCY
'~ from the Fugitive Apprehension Account. Upon depletion of such funds, this contract
automatically terminates without notice to the PERFORMING AGENCY.
By any of the following actions that render the services and/or goods and/or payment to
be provided under this Contract impossible, unnecessary, void or substantially amended:
legislative or regulatory change, revocation of statutory or regulatory authority, or lack
of funds. In these instances, the RECENING AGENCY may terminate this agreement,
without penalty to, or any liability whatsoever on the part of, the RECENING
AGENCY or the State of Texas.
LY. AMENDMENTS
Unless otherwise specified, this Contract maybe amended only by written instrument executed
by both Contracting Parties.
X. SEVERABILITY
If a court finds any pari of this Contract to be unenforceable for any reason, all other parts
remain enforceable unless the result materially prejudices either party.
XI. SCOPE
This Contract embodies the entire agreement of the Contracting Parties. No other agreements,
assurances, conditions, covenants (express or implied), or other terms of any kind, exist between the
parties regarding this Contract.
XII. NOTICE
Any notice provided for or pemutted to be given under the terms of this Contract must be served
by First Class United States Mail. Notice shall be deemed to have been served when the written notice
is deposited in the United States Mail, properly addressed to the party to be notified, postage prepaid.
Notice of Termination shall be made by United States certified mail, return receipt requested. For
purposes of notice, the address of the parties shall be as follows:
For RECENING AGENCY: Texas Department of Public Safety
Commander, Special Crimes Service
P. O. Box 4087
Austin, TX 78773-0421
For PERFORMING AGENCY:
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Copy to:
XIII. APPLICABLE LAW
This Contract shall be construed under and in accordance with the laws of the State of Texas
and all obligations hereunder are expressly deemed performable in Travis County, Texas. Venue wilt
be in Travis County, Texas. Any information obtained by either RECENING AGENCY or
PERFORMING AGENCY in the course of their performance under this Contract is confidential and
may not be released except as permitted by law.
XN. LIABILITY
The Contracting Parties agree that each party to this Contract shall not be liable for the acts
and/or omissions of another party, its employees or agents. Each party to this Contract shall be solely
liable for the acts and/or omissions of its officers, employees, or agents. Each party represents that it
is insured under a commercial insurance policy or self-insured policy for all claims falling within the
Texas Tort Claims Act.
XV. AUTHORITY TO CONTRACT
~~--
The undersigned Contracting Parties do hereby certify that: (1) the services specified above are
necessary and essential and are properly within the statutory functions and programs of the affected
agencies of the State of Texas and the PERFORMING AGENCY; (2) the proposed arrangements serve
the interest of efficient and economical administration of those agencies; and (3) the services, supplies
or materials contracted for are not required to be supplied under contract to the lowest responsible
bidder by Article 16, Section 21 of the Texas Constitution.
PERFORMING AGENCY further certifies that it has the authority to enter into this Contract
by the authority granted in Tax. Gov'T CooE ANrr. §§ 791.001 et seq. (Vernon 1994 &Supp. 2001) and
Senate Bill 1, General Appropriations Act, 77`h Regular Session, Article 5, Page V-46, Fugitive
Apprehension Account
RECENING AGENCY further certifies that it has the authority to enter into this Contract by
the authority granted in TEx. Gov'T CODE AxN. §§ 791.001 et seq. (Vernon 1994 &Supp. 2001) and
Senate Bill 1, General Appropriations Act, 77a' Regular Session, Article 5, Page V-46, Fugitive
Apprehension Account.
XVI. REMEDIES
Unless otherwise specified, the rights and remedies contained in this Contract aze not exclusive,
but are cumulative of all rights and remedies that exist now or in the future. Neither party may
"- terminate its duties under this Contract except in accordance with this Contract's provisions.
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XVII. WAVER
Any failure of either party at any time, to enforce or require the strict keeping and performance
of any of the terms and conditions of this Contract shall not constitute a waiver of such terms,
conditions, or rights, and shall not affect or impair same, or the right of that party at any time to avail
itself of same.
XVIII. NON-ASSIGNMENT
Neither party may assign or transfer this Contract without the written consent of the other party.
WHEREFORE, the undersigned parties do hereby bind themselves by the signatures of the
parties' designated representatives to the faithful performance of this contract. This contract is executed
in multiple copies, each of which is considered a duplicate original.
of
By:
~- Name
Title:
Date:
By:
Name
Title:
Texas Department of Public Safety
By:
Title:
Date:
Date: