ORDER N0. G7849
APPROVE CONTRACT WITH FCENDRLL COUNTY
On this the lath day of November^, 200, upon motion made by
Commissioner Let z, seconded by Commissioner Baldwin, the Cour^t
unanimously approved by a vote of 4-0-Q, the contr^act with
Kendall County to board prisoner^s fr^om Kendall County in the
Kerr County Jail.
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 12 2002
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Kerr Countv Sheriff s Office
TIME PREFERRED:.
Consider and discuss approval of contract with Kendall Cotmty to board prisoners for them.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: SheritPHIerholzer
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting [his request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and
552, Govemmen[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 [o 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.
November 12, 2002
TO: Ken County Judge Fred Henneke and
Kerr County Commissioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Contract with Kendall County
Consider and discuss approval of contract with Kendall County to board
prisoners for them.
'09/24/2002 15:10 830-257-7904
THE STATE OF TEXAS
COUNY OF KERR
KERR CO SHERIFF DEPT
roc
xx KNOW ALL MEN BY THESE PRESENTS
xx
INTERLOCAL COOPERATION AGREEMENT
FOR COUNTY JAII. FUNCTIONS
PAGE 02
THIS AGREEMENT is tnade and entered into this 24th day of September, 2002, by
and between Kendall County, a political subdivision of the State of Texas, hereinafter
referred to as "Kendall", and Kerr County, also a political subdivision of the State of
Texas, hereinafter referred to as "Kerr".
WHEREAS, Kendall is a duly organized political subdivision of the state of Texas
engaged in the adttunistration ofcounty government and related services for the benefit of
the citizens of Kendall County; and
WHEREAS, Kerr is a duly organized political subdivision of the State of Texas
engaged in the adminishation of county government and related services for the benefit of
the citizens of Kerr County; and
WHEREAS, Kendall and Kerr desire to improve the efficiency and effectiveness of
local governments by authorizing the irrtergovetxntlental contracting authority at the local
level for all or part of the functions and services of police protection and detention
services; and
WHEREAS, Kendall and Kerr mutually desire to be subject to the provision of Chapter
791, Texas Goverruttent Code, the Interlocal Cooperation Act.
NOW, THEREFORE, Kendall and Kerr, for the mutual consideration hereinafter
stated, agree and understand as follows:
I.
The effective date of the agreement shall be the 24th day of September A.D., 2002
and shall continue until terminated pursuant to the terms hereof.
II.
For the purposes and consider~tioa herein stated and contemplated, Kerr shall
provide the following necessary and appropriate services for Kendall to the mordmum
extent authorized by this agreement, without regard to disabiliRy, race, religion, color,
age, sex and national origin; to-wit:
' A. Provide Kendall and its Sheriff s Deportment with access to and use ofthe
Kerr County Jail facilities for the holding and incarceration of Kendall
prisoners inchtdwg, but tat necessatlly L'tttited to, adequate personal
acessary to supervise no care than thirty (30) prisoners, unless agreed upon
by Kendall and Kerr, and providing clothing, food, reasonable and
necessary medical attention, and other appropriate aczssities with respell to
that number of prisoars. Kerr a®cees to provide Kendall with access to
and the use of these facilities and services so long as such faet7ities shall be
09124/2902 15:1H 830-257-7904 KERR GO SHERIFF DEPT PAGE 03
Page 2
Contract Kendall and Kerr Counties
available in consideration of the requirements of the Texas Jail Standards
Commitssion, subject to the ternomation rights hereinafter set forth
B. In the event that the Kerr Cottttty Jail Fact7ity shall be at maximum capacity as
a resuh of Kerr County or other inmates, Kea reserves the right to require the
removal or transfer of Keadall's prisoners within eight (g) hours
after notice to Kendall, in order to provide facilities for Kerr prisoners, and
Kea agrees to notify Kendall as soon as possible when a Kendall
prisoner must be removed from Kea facilities because of capacity limits.
C. In no evert[ shall Kerr be requited to accept Kendall'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 Kea, in
its sok discretion, shall determine whether a Kendall prisoner shall be
accepted for incarceration by Kerr. Nothing contained herein shall be
construed to compel Kea to accept any prisoner if it would place Kea in
violation of any law or regulatan of court order.
D. Nothing contained herein shall be construed to compel Kea County Sheriff
acting is his capacity as keeper of the jail, to accept any prisoner for any
reason
III.
Kendall shall designate a suitable officer or peace officer to act on behalf of the
Kendall Sheriff; to serve as "Liaison Officer" for Kendall with atd between Kendall and
Kea. The Sheriff of Kendall, or his designated substitute, shall insure the performance of
all duties and obligations of Kendall herein stated; ard, shall devote sufficient time and
attention to the execution of said dudes on behalf of Ktndall is full compliance with the
terms and conditions of this agreement; and, shall provide hmnediate a~ direct
supervision of all of the Kendall 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 Kendall and Kea.
IV.
Kendall agrees to indemnitj+ and hold harmless Kerr, it's agents, and employees, from and
agaiaat all suits, claims, damages, losses, and expenses, including reasonable attorney's
fees, arising out of Kendall's performance or non-performance of the services a~ duties
herein stated, but only in regard to the transfer of prisoners by Kendall and duties herein
assigned to Kendall and specifically excluding the actual incarceration of prisoners by
Kerr. Kendall r+etaats full liability for each prisoner untr7 that prlsotter has been processed
and booked into the Kerr County Jail
09/24/2002 15:10 830-257-7904 KERB CO SFIERIFF DEPT PAGE 04
Page 3
Contract Kendall and Kea Counties
V.
Kea agrees to indemrrify and hold harmless Kendall, 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 incarceration of prisoners
by Kerr in Ken's facilities and specifically excluding the transfer of prisoners to and from
Kea County.
~.
Ken shall be solely in charge of all control, techniques, sequences, procedures, and
rneans, end the coordination of all work performed under the terms and conditions of this
agreerent in regard 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 completan of the duties and obligations of Kerr stated in this
agreement, and give all attention necessary for such proper supervision and direction.
VII.
Kendall agrees to and accepts fiill responsibility for the acts, negligence, and/or
omissions of all Kendall's employees, and agents, Kertdall's sub-contractors, and/or
contract laborers.
VIII.
Ken agrees to and accepts full responsrbility for the acts, negligence, atd/or omission
of all Ken's employees, and agents.
I}C.
Kendall agrees to and accepts the duty and responsibility for and overseeing all
safety orders, precautions, programs, and equipment necessary to the reasonable safety of
Kerdall's employees, and agents, Kendall's sub-contractors, and/or contract laborers.
Kendall further agrees to bring each prisoner delivered to the Kea County Jail all packets,
jail cards, classification data and other iuformation in the possession of Kendall regarding
each prisoner, and has the duty to advise Kea of arty known dangerous propensities of
each prisoner delivered to Kea.
X.
Ken agrees to and accepts the duty and responsibility for and overseeing all safety
orders, precautions, programs, and equipmet necessary to the reasonable safety of Ken's
employees a~ agents, Ken's sub-contractors, and/or contract laborers, and all other
persons doing work under a contract or agreement with said Ken.
09/24/2002 15:10 830-257-7984 KERR CO SHERIFF DEPT PAGE 05
Page 4
Contract Kendall 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 ropresernatives of Kendall.
JCII,
Kendall understands and agrees that Kendall, its employees, scrvarrts, agents earl
representatives shall at no time represent themselves to be employees, servants, agents
and/or representatives of Kerr Coutrty.
Kendall is a political, subdivision of the State of Texas. The address of Kendall is:
Kendall County Commissioners Court
6 Staudt Street
Boerne, Texas 78003
Attn: Honorable Judge Gooden
JCII.
Kerr Coumy is a political subdivision of the State of Texas. The address of Kea
County is:
Kea County Corrnloissioners Court
Kea County Courthouse
700 Main Street
Kerrvr7le, Texas 78028
Attn: Honorable Judge Iienneke
XIV.
For the services hereinabove stated, Kendall agrees to pay to Kea, for the full
performance of this agreemerrt, the sum of THIRTY-SEVEN AND NOl100 Dollars
(537.00) per day for each Kendall County prisoner corrfined in Kerr facilities. A day shall
constitute any portion during atwenty-four (24) hour period beginning and ending at
midnip)it•
Kendall furtlrer agrees to reimburse Kerr for damages which are directly caused to Kea
facilities or employees by the direct action of a Kendall prisoner.
Kendall agrees to fully reimburse Kra for all medical expenses and all directly related
transportation costs incurred by Kerr and medically necessary to the heahh, safety and
welfare of KendaA•s prisoners.
XV.
Kendall agrees to pay to and reimburse Kerr, in Kent County, Texas, on a morthly basis,
and upon the submission of a documented irnroice by Kea to Kendall, for the cost of the
'09/24/2002 15:10 630-257-7904 KERB CO SHERIFF DEPT PAGE 06
Page 5
Contract Kendall and Kerr Counties
items and expenses specified in and in accordance with paragraph XI V of this a~reemem
during tbe term of this agreemem.
XVI.
This agreemem maybe terminated at any tip, by either party giving thirty (30) days
advance written notice to the otber party. In the event of such termination by either party,
Kerr County shall be cotztpensated 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 Kendall shall be reimtnrrsed 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 tbe entire and integrated agreement between Kendall 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 Kendall 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 agreeme> shall be performable and all wmpensation payable in Kerr County,
Texas.
XIX.
In the event that arty portion of this agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the rea~ainmg portions shall remain valid and in full
force sad effect to the extent possible.
XX.
The undersigned otTic.~ers and/or agents of the parties hereto are the properly authorized
officials and have the tlecessaty authority to execute this agreermrt on behalf of the
parties hereto, and each party hereby certifies to the other that any necesvary resolutions
extetding said authority have been duly passed and are now in full force and effect.
Executed in muhiple origimis on tbYe 24t° day of September, 2002.
09/24/2002 15:10 830-257-7904 KERR CO SHERIFF DEPT PAGE 07
Page 6
Contract Kendall and Kerr Counties
AGREED TO
KERR COUNTY, TEXAS
Courty Judge
Date: ~ ~ ~ d z
h
Coun Sheriff
Date:~~~'~,~c~_ ,,
AS TO FORM:
y At~fyrrney
Date. ~(C!/sE~~~et~ ~ 2.6dZ
AGREED TO
Kendall COUNTX, TEXAS:
~~1~/
County Judge
Date: / ~ ?~
County sn--~
Date: Off' -24 - %~~
APPROVED AS TO FORM:
per ~.v~~'~--r
County A tomey
Date: ~d ~.~ ~ - o ~