ORDER NO. 31399 INMATE HOUSING CONTRACT WITH GILLESPIE COUNTY SHERIFF'S OFFICE Came to be heard this the 10th day of August, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve the Inmate Housing Contract between Kerr County Sheriff's Office and Gillespie County Sheriff's Office, at $37 per day per inmate, subject to the final approval by the County Attorney, and authorize the County Judge to sign same. 1,a~ 31 39~ C°t:~'V(~%1I~iSIC)'ti~RS"_C`C~tJRIw_,!~Ci~=.i\`iI7:'~ f~f':E,?[fST j'a._.}m~`'I F i,!It?tilSt # ()\ I t;)ltlC,lti-::'+SI _:l~l> I l 'v__C{.)t'!l~:e C}(_t`}ilw RIJ:t)t f ,1\UI)r:?{ t ~11'~,IS IC)t31,_Itt_VlII~IL)t31'T'fl-_C_{":>i,f21, ~9;~t)[: t3~': l~~.R. liierhi)lztr 1~'it~E-t'E'it.; I).1tt=: _,att~~ttwt_1() -'t}()~) {)I-t=1C;3' l~i?rr t.~i)tmri' tit,trtff~s Ulii4 ~i C ~ t~J ~.C' t C'c)n~ic3lrr, iti~ a IaSatiS1' Intl t()e IiItili.-r S 1?05C.~t1 it3 d~'i~.)ri(~lal~t.' tt ilt2 l itlc.' :'- l..~13+;tra I?repareti t?)r the f:'out•t`s ft~s-rn~tl consideration htt~E action Ott tune of Court 'lleetin;~s. Y'otar a}op~r~tiota ~.+ ill ire ~ilit)i'eZl~ari`:~ iaiid %.oiatt'l lltite tO b4 atC~IS ~-oE3r ri:Cl ta::5t beal3;.? ,t::.lcJ.res4ti? tat ttit :: i;i"lieu. O;?pc7rllttlit}'. 4Ci.. %~~i: rS C{Fa. Il t: Cltlttit ttu4es ,1d<)pted br t"c~nitrTissicmers` t;c)urt:. ~C`~. KErr ~~~~untF~ Jt~c~i~te k'a~ ~hi~~te~ and kerr C'.«unty C`~~~~n~nissic7~.~ert-s' Cc~ttr~ t~I~0~1: Si1ci•ff't~'.~Z.l-lizrlac~tfer Iii:: Inman: ~-Ic,usii~~,~~ C'c>ntract C'c7nsicitr. ciiscnss E~ns3 take api~rc~i~xiate actic}n re< arciit~~; tt~~rc~~ ai c~l~ i-~uni~t~; I~c~usia~~ ci>ntract ~et~~~een i~.err C'ount~ Siierit't's4f3t'tic anci Criiit.s~si~: t'out~t~ Sherii't s C~f~i~;. THE STATE OF TEXAS § COUNTY OF KERB § INTERLOCAL COOPERATION AGREEMENT FOR COUNTY JAIL FUNCTIONS THIS AGREEMENT is made and entered into this/~~ day of , 2009, by and between Gillespie County, a political subdivision of the great St e of Texas, hereinafter referred to as the "County", and Kerr County, also a political subdivision of the great State of Texas, hereinafter referred to as "Kerr". WHEREAS, the County 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 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, the County 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, the County and Kerr mutually desire to be subject to the provisions of Texas Government Code Chapter 791, the Interlocal Cooperation Act. NOW THEREFORE, County and Kerr, for the mutual consideration hereinafter stated, agree and understand as follows I. Term of Contract The term of contract is for twelve months from date of acknowledgment and shall be automatically renewed for successive one year terms thereafter unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention not to renew this agreement subject to terms and conditions in section VIII. II. Facility Certification Kerr County attests that the Kerr County Jail is a secure placement duly inspected and certified by the Texas Commission on Jail Standards. Kerr will maintain certification during term of contract and upon request provide proof thereof to County. III. Kerr Duties For the purposes and consideration herein stated and contemplated, Kerr shall provide the following necessary and appropriate services for the County to the maximum extent authorized by this agreement, without regards to race, religion, color, age, sex and national origin, to wit: r Provide County and its Sheriff's Department with access to and use of the Kerr County Jail facilities for the holding and incarceration of County prisoners, including but not necessarily limited to, adequate personnel necessary to supervise up to thirty (30) prisoners, clothing, food, routine medical services, and other appropriate necessities with respect to that number of prisoners. Kerr agrees to provide County with access to and the use of these facilities and services so long as such facilities shall be available in consideration of the requirements of the Texas Jail Standards Commission, subject to .the termination rights hereinafter set forth. Routine medical services includes on-site sick call provided by on-site staff and non- prescription, over-the-counter/non-legend and routine drugs and medical supplies. The per day rate does not cover medical health care services provided outside Kerr's facility or by other facility staff, prescription drugs and treatments, or surgical, optical and dental care, and does not include costs associated with any hospitalization of an inmate. When it becomes necessary for an inmate to become hospitalized, Kerr shall contact the County, through the Sheriff or his designated representative, as soon as possible to inform the County of the fact that the inmate has been, or is to be, hospitalized and of the nature of the illness or injury that has required hospitalization. In the event that the Kerr 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 County's prisoners within eight (8) hours after notice to County, in order to provide facilities for Kerr prisoners, and Kerr agrees to notify County as soon as possible when a County prisoner must be removed from Kerr facilities because of capacity limits. In no event shall Kerr be required to accept County's prisoners under the terms and conditions of this agreement if such transfer of prisoners will cause Kerr jail facilities to be in violation of the Texas Jail Standards Commission. Kerr, in its sole discretion, shall determine whether a County 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 or court order. Nothing contained herein shall be construed to compel Kerr County Sheriff, acting in that individual's official capacity as keeper of the jail, to accept any prisoner for any reason. IV. County Duties The County shall designate a suitable officer or peace officer to act on behalf of the County Sheriff, to serve as "Liaison Officer" for County with and between County and Kerr. The Sheriff of County, or his designated substitute, shall insure the performance of all duties and obligation of County herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this Agreement; and, shall provide immediate and direct supervision of all the County 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 County and Kerr. The County shall be responsible for providing personnel and equipment to administer to County's prisoners during court proceedings and transport of prisoners to and from court proceedings. The County agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all the County's employees, and agents, the County's sub-contractors, and /or contract laborers. The County agrees to and accepts the duty and responsibility for and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of the County's employees and agents, the County's sub-contractors, and/or contract laborers. County further agrees to bring with each prisoner delivered to the Kerr County Jail all packets, jail cards, classification data and other information in the possession of County regarding each prisoner, and has the duty to immediately advise Kerr of any known dangerous propensities and medical issues, including but not limited to special diet, medication, or exercise regimen applicable to each prisoner delivered to Kerr. County shall be solely in charge or responsible for the computation or processing of inmate time of confinement, including, but not limited to, computation of good time awards/credits and discharge dates. It shall be the responsibility of County to notify Kerr of the discharge date for an inmate at least 24 hours before such date. Kerr will release inmates only when such release is specifically requested in writing by County's Sheriff. However, it is agreed that the preferred and usual course of dealing between parties shall be for the County to pick up and return inmates to the County facility before their discharge date, and for the County to discharge the inmate from its own facility. The County is responsible for all paperwork, arrangements and transportation for inmates to be transferred to TDCJ, Institutional Division. V. Operations and Safety Kerr shall be 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 regards 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. Kerr Agrees to and accepts responsibility for the acts, negligence, and/or omissions of all Kerr's employees, and agents, Kerr's subcontractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said Kerr. 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. 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 County. The County understands and agrees that the County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of Kerr County. VI. Written Communications The address of County is: Gillespie County Commissioner's Court Gillespie County Courthouse 101 W. Main Fredericksburg, Texas 78624 Attn: Honorable Judge Stroeher The address of Kerr is: Kerr County Commissioner's Court Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Attn: Honorable Judge Tinley VII. Compensation For the services hereinabove stated, the County agrees to pay to Kerr, for the full performance of this agreement, the sum of THIRTY-SEVEN and NO/100 dollars ($37.00) for each day or any portion of a day that each County prisoner is confined in Kerr facilities. The term "day" is defined as 12 a.m. through 11:59:59 p.m. central standard time. The County further agrees to reimburse Kerr for damages which are directly caused to Kerr facilities or employees by the direct action of a County prisoner. The County agrees to fully and promptly 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 County's prisoners. Kerr has the right to arrange for the hospital or health care provider to bill the County directly for costs of the hospitalization and/or medical care, rather than Kerr paying the costs and billing the same to the County. Kerr will submit an itemized invoice for services provided each month to the County. The County shall make payment to Kerr within thirty (30) days after receipt of the invoice. Payment shall be in the name of Kerr County, Texas and shall be remitted to: Kerr County Sheriff 400 Clearwater Paseo Kerrville, Texas 78028 Amounts which are not timely paid in accordance with the above procedure shall bear interest at the lesser of the annual percentage rate of 10% or the maximum legal rate applicable thereto, which shall be a contractual obligation of the County under this agreement. County further agrees that Kerr shall be entitled to recover its reasonable and necessary attorney's fees and costs incurred in collection of amounts due under this agreement. VIII. Termination This agreement may be terminated at any time, by either party giving thirty (30) days written notice to the other party. In the event of such termination by either party, Kerr County shall be compensated for all services performed through the date of termination, 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 the County 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. IX. Entire Agreement This agreement represents the entire and integrated agreement between the County and Kerr and supersedes all prior negotiations, representations, statements, agreements, and understandings relating to its subject matter, whether verbal or written. This agreement may be amended only by written instrument signed by both the County and Kerr. X. Jurisdiction and Venue 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 laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Kerr County, Texas. Exclusive venue shall be in Kerr County, Texas. XI. Severability In the event one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable by a court of competent jurisdiction, this agreement shall be construed as if that portion were not included in the agreement and the agreement shall remain valid and binding. XII. Assignability Neither party may assign any rights or duties created by this agreement without the other party's prior written approval. County acknowledges that no Kerr officer, agent, employee, or representative has any authority to grant such assignment unless Kerr County Commissioners Court expressly grants that authority. Kerr acknowledges that no County officer, agent, employee, or representative has any authority to grant such assignment unless County's Commissioners Court expressly grants that authority. XIII. Legal Authority 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 day of AGREED TO KERB COUNTY, TEXAS h Date: ~~ t ~ 2009. AGREED TO GILLESPIE COUNTY, TEXAS County Judge Date: County Sheriff Date: Approved as toy ~'----~ j ~,~/ ~,,-~%-- ~~' - ~unty Attorney Date: d~'jto~5 County Sheriff Date: Approved as to form: County Attorney Date: