ORDER NO. 28589
INTERLOCAL AGREEMENT
INMATE HOUSING
Came to be heard this the 12'~ day of April 2004, with a motion made by Commissioner
Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
3-0-0 to approve the Interlocal Agreement between Ken County and Kimble County for
housing inmates and authorize signatures of the Judge and Sheriff
~ ~ .~ ~ `~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Jannett Pieper OFFICE: County Clerk
MEETING DATE: April 12, 2004 TIlVIE PREFERRED:
SUBJECT: (Please Be Specific)
Consider, discuss and approve the Interlocal Agreement between Kerr County and
Kimble County for housing inmates and authorize signatures of the Judge and Sheriff.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING COURT:
ESTIMATED LENGTH OF PRESENTATION:
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 schedule 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 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, Court Order No. 25722.
TO: DAVID MOTLEY
COUNTY ATTORNEY
FROM: JANNETT PIEPER
COUNTY CLERK
DATE: MARCH 29, 2004
RE: INTERLOCAL AGREEMENT BETWEEN KERB COUNTY AND
KIMBLE COUNTY FOR HOUSING INMATES
David
Attached is the interlocal agreement that was mailed to me. Please look over it and if it is
approved by you please sign the original one in Thea's office. I faxed a copy of it to the
Sheriff. I have it set for the April 12'}' agenda.
STATE OF TEXAS
COUNTY OF KIMBLE
Z D
HAYDEE TORRES
COUNTY & DISTRICT CLERK
COURTHOUSE, 501 Main Street
Junction, Texas 76849
Phone 325/446-3353
Fax 325/446-2986
March 24, 2004
Jannett Pieper
County Clerk Kerr County
700 Main St.
Kerrville, Texas 78028
Re: Interlocal Agreement For County Jail Functions
Dear Jannett,
Enclosed is the Interlocal Agreement signed by all appropriate parties for Kimble
County. When your County Judge, Sheriff and County Attorney sign off on the
agreement would you please send us a copy. Thank you for your attention to this
matter.
Sincerely,
l~~G C~~, ~!a /'E~L~
Haydee Torres
County Clerk Kimble County
Ecl. 1
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 19th day of January, 2004, by and
between Kimble County, a political subdivision of the State of Texas, hereinafter referred
to as "Kimble", and Kerr County, also a political subdivision of the State of Texas,
hereinafter referred to as "Kerr".
WHEREAS, Kimble is a duly organized political subdivision of the state of Texas
engaged in the admuustration of county government and related services for the benefit .~f
the citizens of Kimble 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, Kimble 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, Kimble and Kerr mutually desire to be subject to the provision of Chapter
791, Texas Government Code, the Interlocal Cooperation Act.
NOW, THEREFORE, Kimble and Kerr, for the mutual consideration hereinafter stated,
agree and understand as follows:
I.
The effective date of the agreement shall be the 19th day of January A.D., 2004,
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 Kimble to the maximum
extent authorized by this agreement, without regard to disability, race, religion, color,
age, sex and national origin; to-wit:
A. Provide Kimble and its Sheriffis Department with access to and use of the
Kerr County Jail facilities for the holding and incarceration of Kimble
prisoners including, but not necessarily limited to, adequate personnel
necessary to supervise no more than thirty (30) prisoners, unless agreed upon
by Kimble 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 Kimble with access to
and the use of these facilities and services so long as such facilities shall be
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Contract Kimble and Kerr 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 Kerr County or other inmates, Kerr reserves the right to require the
removal or transfer of Kimble's prisoners within eight (8) hours
after notice to Kimble, in order to provide facilities for Kerr prisoners, and
Kerr agrees to notify Kimble as soon as possible when a Kimble
prisoner must be removed from Kerr facilities because of capacity limits.
C. In no event shall Kerr be required to accept Kimble'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 Kimble prisoner shall be
accepted for incarceration 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.
Kimble shall designate a suitable officer or peace officer to act on behalf of the
Kimble Sheriff, to serve as "Liaison Officer" for Kimble with and between Kimble and
Kerr. The Sheriffof Kimble, or his designated substitute, shall insure the performance of
all duties and obligations of Kimble herein stated; and, shall devote sufficient time and
attention to the execution of said duties on behalf of Kimble in full compliance with the
terms and conditions of this agreement; and, shall provide immediate and direct
supervision of all of the Kimble Sheriffis Department's employees, agents, contractors,
sub-contractors, andlor laborers, if any, in the furtherance of the purposes, terms and
conditions of this Agreement of the mutual benefit of Kimble and Kerr.
IV.
Kimble 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 Kimble's performance or non-performance of the services
and duties herein stated, but only in regazd to the transfer of prisoners by Kimble and
duties herein assigned to Kimble and specifically excluding the actual incarceration of
prisoners by Kerr. Kimble retains full liability for each prisoner until that prisoner has been
processed and booked into the Kerr County Jail.
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Contract Kimble and Kerr Counties
V.
Kerr agrees to indemnify and hold harmless Kimble, it's agents and employees, from
and against all suits, claims, damages, losses, and expenses, including reasonable
attorney's fees, arising out of Kerr'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 Kerr's facilities and specifically excluding the transfer of prisoners to and from
Kerr County.
VI.
Ken 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 holdmg 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.
Kimble agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all Kimble's employees, and agents, Kimble'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.
Kimble agrees to and accepts the duty and responsibility for and overseeing all safety
orders, precautions, programs, and equipment necessary to the reasonable safety of
Kimble's employees, and agents, Kimble's sub-contractors, and/or contract laborers.
Kimble further agrees to bring each prisoner delivered to the Kerr County Jail all packets,
jail cards, classification data and other information in the possession of Kimble 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 Kerr's
employees and agents, Kerr's sub-contractors, and/or contract laborers, and all other
persons doing work under a contract or agreement with said Kerr.
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Contract Kimble 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 Kimble.
XII.
Kimble understands and agrees that Kimble, its employees, servants, agents and
representatives shall at no time represent themselves to be employees, servants, agents
and/or representatives of Kerr County.
Kimble is a political subdivision of the State of Texas. The address of Kimble is:
Kimble County Commissioners Court
501 Main Street
Junction, Texas 76849
Attn: Honorable Judge Roberts
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 Tinley
XIV.
For the services hereinabove stated, Kimble 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 Kimble County prisoner confined in Kerr facilities. A day shall
constitute any portion during atwenty-four (24} hour period beginning and ending at
midnight.
Kimble further agrees to reimburse Kerr for damages which are directly caused to Ken
facilities or employees by the direct action of a Kimble prisoner.
Kimble 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
welfare of Kimble's prisoners.
XV.
Kimble 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 Kimble, for the cost of
the
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Contract Kimble and Kerr Counties
items and expenses specified in and in accordance with paragraph XIV of this agreement
during the term of this agreement.
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 Kimble 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 Kimble 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 Kimble 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 19th day of January, 2004.
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Contract Kimble and Kerr Counties
AGREED TO
KERB COUNTY, TEXAS
bounty Ju e, '.~
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County heriff
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APPROVED AS TO FORM:
C Attorney
Date: 3 ~2 ~~
AGREED TO
KIMBLE COUNTY, TEXAS:
County Judge
Date: 3 ~~ D ~~
Q
County he '
Date:3 "tO-O~~
APPROVED AS TO FORM:
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County Attorney
Date: