ORDER NO. 29729
APPROVE INTERLOCAL CONTRACT BETWEEN COUNTY OF
BLANCO AND KERB COUNTY TO HOUSE PRISONERS AT LAW
ENFORCEMENT CENTER
Came to be heard this the 12th day of June, 2006, with a motion made by
Commissioner Nicholson, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 3-0-0 to:
Approve an Interlocal Contract between the County of Blanco and Kerr
County to house prisoners at the Law Enforcement Center, and authorize the
County Judge to sign same.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: W.R. Hierholzer OFFICE: Kerr County Sheriff s Office
MEETING DATE: June 12. 2006 TIME PREFERRED:
SUBJECT:
Consider, discuss and take appropriate action on approval of interlocal contract between the County of
Blanco and Kerr County to house prisoners at the Law Enforcement Center and authorize the County Judge
to sign same.
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: 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.
June 12, 2006
TO: Ken County Judge Pat Tinley and
Ken County Commissioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Interlocal Contract for Housing Prisoners
Consider, discuss and take appropriate action on approval of interlocal
contract between the County of Blanco and Ken County to house
prisoners at the Law Enforcement Center and authorize the County Judge
to sign same.
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 12th day of June, 2006, by and
between Blanco County, a political subdivision of the State of Texas, hereinafter referred
to as "Blanco", and Kerr County, also a political subdivision of the State of Texas,
hereinafter referred to as "Kerr".
WHEREAS, Blanco 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 Blanco County; and
WHEREAS, Ken• 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 Ken County; and
WHEREAS, Blanco and Kerr desire to improve the efficiency and effectiveness of local
governments by authorizing the intergovenunental contracting authority at the local level
for all or part of the functions and services of police protection and detention services; and
WHEREAS, Blanco and Ken mutually desire to be subject to the provision of Chapter
791, Texas Government Code, the Interlocal Cooperation Act.
NOW, THEREFORE, Blanco and Kerr, for the mutual consideration hereinafter stated,
agree and understand as follows:
I.
The effective date of the agreement shall be the 12th day of June A.D., 2006,
and shall continue until ternunated 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 Blanco to the maximum
extent authorized by this agreement, without regard to disability, race, religion, color,
age, sex and national origin; to-wit:
A. Provide Blanco and its Sheriff's Department with access to and use of the
Kerr County Jail facilities for the holding and incarceration of Blanco
prisoners including, but not necessarily limited to, adequate personnel
necessary to supervise no more than thirty (30) prisoners, unless agreed upon
by Blanco and Ken, and providing clothing, food, reasonable and
necessary medical attention, and other appropriate necessities with respect to
that number of prisoners. Kerr agrees to provide Blanco with access to
and the use of these facilities and services so long as such facilities shall be
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Contract Blanco 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 Blanco's prisoners within eight (8) hours
after notice to Blanco, in order to provide facilities for Kerr prisoners, and
Kerr agrees to notify Blanco as soon as possible when a Blanco
prisoner must be removed from Kenr facilities because of capacity limits.
C. In no event shall Kerr be required to accept Blanco'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 Blanco 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 Ken County Sheriff
acting in his capacity as keeper of the jail, to accept any prisoner for any
reason.
III.
Blanco shall designate a suitable officer or peace officer to act on behalf of the
Blanco Sheri$ to serve as "Liaison Officer" for Blanco with and between Blanco and
Kerr. The Sheriffof Blanco, or his designated substitute, shall insure the performance of
all duties and obligations of Blanco herein stated; and, shall devote sufficient time and
attention to the execution of said duties on behalf of Blanco in full compliance with the
terms and conditions of this agreement; and, shall provide immediate and direct
supervision of all of the Blanco 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 Blanco and Kerr.
IV.
Blanco agrees to indemnify and hold harmless Ken, it's agents, and employees, from
and against all suits, claims, damages, losses, and expenses, including reasonable
attorney's fees, arising out of Blanco's performance ornon-performance of the services
and duties herein stated, but only in regard to the transfer of prisoners by Blanco and
duties herein assigned to Blanco and specifically excluding the actual incarceration of
prisoners by Ken. Blanco retains full liability for each prisoner until that prisoner has been
processed and booked into the Kerr County Jail.
Page 3
Contract Blanco and Ken Counties
V.
Kerr agrees to indemnify and hold harmless Blanco, 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
Kerr 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 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 completion of the duties and obligations of Kerr stated in this
agreement, and give all attention necessary for such proper supervision and direction.
VII.
Blanco agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all Blanco's employees, and agents, Blanco's sub-contractors, and/or
contract laborers.
VIII.
Kerr agrees to and accepts full responsibility for the acts, negligence, and/or omission
of all Ken's employees, and agents.
IX.
Blanco agrees to and accepts the duty and responsibility for and overseeing all safety
orders, precautions, programs, and equipment necessary to the reasonable safety of
Blanco's employees, and agents Blanco sub-contractors, and/or contract laborers.
Blanco fiu-ther agrees to bring each prisoner delivered to the Ken County Jail all packets,
jail cards, classification data and other information in the possession of Blanco regarding
each prisoner, and has the duty to advise Ken of any known dangerous propensities of
each prisoner delivered to Ken.
X.
Ken 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, Kerr's sub-contractors, and/or contract laborers, and all other
persons doing work under a contract or agreement with said Ken.
Page 4
Contract Blanco and Ken• 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 Blanco.
XII.
Blanco understands and agrees that Blanco, its employees, servants, agents and
representatives shall at no time represent themselves to be employees, servants, agents
and/or representatives of Kerr County.
Blanco is a political subdivision of the State of Texas. The address of Blanco is:
Blanco County Conuivssioners Court
P.O. Box 471
Blanco, Texas 78636
Attn: Honorable Billy Gutherie
XIII.
Kerr County is a political subdivision of the State of Texas. The address of Kerr
County is:
Ken• County Comnvssioners Court
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Attn: Honorable Judge Tinley
XIV.
For the services hereinabove stated, Blanco agrees to pay to Kerr, for the full
performance ofthis agreement, the sum of THIRTY-SEVEN AND NO/100 Dollars
($37.00) per day for each Blanco County prisoner confined in Kerr facilities. A day shall
constitute any portion during atwenty-four (24) hour period beginning and ending at
midnight.
Blanco further agrees to reimburse Kerr for damages which are directly caused to Kerr
facilities or employees by the direct action of a Blanco prisoner.
Blanco agrees to fully reimburse Ken for all medical expenses and all directly related
transportation costs incurred by Ken and medically necessary to the health, safety and
welfare of Blanco's prisoners.
XV.
Blanco 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 Blanco, for the cost of the
Page 5
Contract Blanco and Ken 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 temilnation 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 Blanco shall be reimbursed for all such overwmpensation.
Acceptance of said reimbursement shall not constitute a waiver of any claim that may
otherwise arise out ofthis agreement.
XVII.
This agreement represents the entire and integrated agreement between Blanco 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 Blanco and Ken•.
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 aze 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.
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Contract Blanco and Ken Counties
Executed in multiple originals on the 12"' day of June, 2006.
AGREED TO AGREED TO
KERR COUNTY, TEXAS BLANCO COUNTY, TEXAS:
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County Judge
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County Sheriff
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Date:
County Sheriff
Date:
APPROVED ORM:
Attorney
Date: d ~i ~b
APPROVED AS TO FORM:
County Attorney
Date: