ORDER N0.28228
FUGITIVE APPREHENSION PROGRAM
On this the 25th day of August, 2003 upon motion made by Commissioner Nicholson
Seconded by Commissioner Williams, the Court unanimously approved by a vote
of 4-0-0, to approve the renewal of Interlocal cooperation Contract between Kerr County
and the Texas Department of Public Safety for the purpose of administering the Fugitive
Apprehension Program and have Judge Tinley sign the same.
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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: August 25, 2003
OFFICE: Kerr County Sheriff s Office
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss renewal of Interlocal Cooperation Contract between Kerr County and Texas
Department of Public Safety for the purpose of administering the Fugitive Apprehension Program.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Sheriff Hierholzer ~
ESTIMATED LENGTH OF PRESENTATION: 5 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, 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.
August 25, 2003
TO: Kerr County Judge Pat Tinley and
Kerr County Commissioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Interlocal Cooperation Contract
Consider and discuss renewal of Interlocal Cooperation Contract between
Kerr County and Texas Department of Public Safety for the purpose of
administering the Fugitive Apprehension Program. This program results in
reimbursement to Kerr County for each parole revocation warrant served
--- by Kerr County.
ORDER 28228
INTCRLOCAL COOPERATION CONTRACT
STATE OF TEXAS
COUNTY OF TRAVIS
I. CONTRACTING PARTIES
THIS CONTRACT is entered into by and between the Texas Department of Public Safety
("RECEIVING AGENCY"), and the Sheriff's Office of Kerr County
("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. GOVT CODE §§ 791.001
et seq. and House Bill 1, General Appropriations Act, 78`~ Regular Session, Article 5, Pages V-43 through V-44,
Section B.1.3. Strategy: Special Crimes.
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. GOVT
CODE § 508.252.
B. Revocation Warrant: a "Blue Warrant" issued by the TDCJ, pursuant to authority granted by TEx.
GOVT CODE § 508.252.
III. PURPOSE
The purpose of this Contract is to set out the terms and conditions under which PERFORMING
AGENCY will assist RECEIVING AGENCY in administering RECEIVING AGENCY'S Fugitive Apprehension
Program by serving pazole revocation warrants issued by the Pardons and Pazoles Division of the Texas
Department of Criminal Justice.
N. DURATION
This Contract commences on September 1, 2003, and terminates on August 31, 2004. RECEIVING AGENCY
shall not be liable to the PERFORMING AGENCY for reimbursements incurred by the PERFORMING
AGENCY prior to [he date that the PERFORMING AGENCY executes this contract or after the termination of
this contract.
V. AGREEMENT
NOW THEREFORE, PERFORMING AGENCY and RECEIVING AGENCY, in consideration of the
mutual covenants and agreements herein contained do mutually agree as follows:
A. PERFORMING AGENCY and RECEIVING AGENCY agree to abide by all federal and state laws and
regulations.
B. RECEIVING AGENCY agrees to:
1. 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.
2. notify PERFORMING AGENCY in writing if reimbursement under this Contract will be delayed
as the result of circumstances beyond the control of RECEIVING AGENCY.
3. the extent it is reasonably practicable for the RECEIVING AGENCY and to the extent the
RECEIVING 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 RECEIVING AGENCY in writing of any payment dispute, specifying in detail
the item or items disputed.
3. bill RECEIVING AGENCY on a monthly basis for all services rendered under the terms of this
Contract, including any necessary supporting documentation.
4. cooperate fully with RECEIVING AGENCY in any matter related to the purpose of this Contract.
VI. CONSIDERATION
A. $200.00 Reimbursement
As consideration for PERFORMING AGENCY'S performance under this Contract, RECEIVING AGENCY
agrees to reimburse PERFORMING AGENCY in the amount of Two Hundred Dollars and No Cents ($200.00)
for each parole revocation warrant served by PERFORMING AGENCY if:
1. the person was identified by RECEIVING 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
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B. $400.00 Reimbursement
As consideration for PERFORMING AGENCY'S performance under this Contract, RECEIVING AGENCY
agrees to reimburse PERFORMING AGENCY in the amount of Four Hundred Dollars and No Cen[s ($400.00)
for each parole revocation warrant served by PERFORMING AGENCY if:
the person was identified by RECEIVING AGENCY as a "Texas High Profile Sex Offenders;" or
the person was identified by RECEIVING AGENCY as both a "Texas Ten Most Wanted" and an
absconder.
VII. PAYMENT
RECEIVING AGENCY shall pay for services rendered by PERFORMING AGENCY by vouchers drawn
by RECEIVING AGENCY payable to PERFORMING AGENCY. PERFORMING AGENCY will bill
RECEIVING 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 RECEIVING AGENCY'S Program Administrator.
If the RECEIVING AGENCY determines that the PERFORMING AGENCY has complied with all
requirements for reimbursement, the RECEIVING AGENCY will mail the reimbursement to the PERFORMING
AGENCY at the address listed in Section XII (NOTICE) herein. If the PERFORMING AGENCY wants the
RECEIVING AGENCY to mail the reimbursement to another address, the PERFORMING AGENCY must notify
the RECEIVING AGENCY in writing on the PERFORMING AGENCY'S letterhead.
VIII. TERMINATION
This Contract may be 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.
By expiration of this Contract under its own terms.
4. By depletion of the funds allocated to these Contracts by the RECEIVING AGENCY from the
Fugitive Apprehension Account. Upon depletion of such funds, this contract automatically
terminates without notice to the PERFORMING AGENCY.
5. 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 RECEIVING AGENCY may terminate this agreement, without penalty to, or any
liability whatsoever on the part of, the RECEIVING AGENCY or the State of Texas.
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IX. AMENDMENTS
Unless otherwise specified, this Contract may be amended only by written instrument executed by both
Contracting Parties.
X. SEVERABII,ITY
If a court finds any part 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 permitted 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 three days after 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 RECEIVING AGENCY: Texas Department of Public Safety
Commander, Special Crimes Service
P. O. Box 4087
Austin, TX 78773-0421
For PERFORMING AGENCY: Kerr County Sheriff's Office
400 Clearwater Paseo
Kerrville, TX 78028
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 will be in Travis
County, Texas. Any information obtained by either RECEIVING 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.
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XIV. LIABILITY
The Contracting Parties agree that each party to [his 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 orself-insured policy for all claims falling within the Texas Tort Claims Act.
The RECEIVING AGENCY is associated with the PERFORMING AGENCY only for the purposes and to the
extent set forth herein, and with respect to the performance of services hereunder, PERFORMING AGENCY is
and shall be an independent contractor and shall have the sole right to supervise, manage, operate, control, and
direct the performance of the details incident to its duties hereunder. Nothing contained herein shall be deemed
or construed to create a partnership or joint venture, to create the relationships of an employer-employee or
principal-agent, or to otherwise create any liability for the RECENING AGENCY whatsoever with respect to the
indebtedness, liabilities, and obligations of the PERFORMING AGENCY or any other party.
XV. AUTHORITY TO CONTRACT
~j
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 TEX. GOVT CODE §§ 791.001 et seq. and House Bill 1, General Appropriations Act, 78`''
Regular Session, Article 5, Pages V-43 through V-44, Section B.1.3. Strategy: Special Crimes .
RECEIVING AGENCY further certifies that it has the authority to enter into this Contract by the
authority granted in TEx. GOVT CODE §§ 791.001 et seq. and House Bill 1, General Appropriations Act, 78~'
Regular Session, Article 5, Pages V-43 through V-44, Section B.1.3. Strategy: Special Crimes .
XVI. REMEDIES
Unless otherwise specified, the rights and remedies contained in this Contract are 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.
XVII. WAIVER
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.
XVII. NON-ASSIGNMENT
Neither party may assign or transfer this Contract without the written consent of the other party.
XVII. AUDIT
The state auditor may conduct an audit or investigation of the PERFORMING AGENCY if the
PERFORMING AGENCY receives funds from the RECEIVING AGENCY under this contract. By accepting
funds under this contract, the PERFORMING AGENCY accepts the authority of the state auditor, under the
direction of the legislative audit committee, to conduct an audit or investigation in connection with such funds.
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.
Sheriff's offic~f Kerr County Texas Department of Public Safety
w
By: ~ ~ ~ -
Name
Title: County Judge
Date: 8/25/2003
By:
Name
Title: County Sheriff
Date: 8/25/2003
Title:
Date:
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