HomeMy WebLinkAboutJail Services - Buckley,4=~.ic~.~s
JAIL SERVICE CONTRACT
THIS AGREEMENT, made and entered into this ls` day of January, 2004, by and
between the CITY OF AUBURN, hereinafter called AUBURN, and the CITY OF
BUCKLEY, hereinafter called "BUCKLEY".
WITNESSETH:
WHEREAS, pursuant to Chapters 3.9.34 and 70.48 RCW, AUBURN and
BUCKLEY may enter into an agreement through their respective legislative bodies
whereby BUCKLEY shall furnish jail facilities for AUBURN prisoners upon such terms
as maybe mutually agreed upon; and
WHEREAS, it is considered necessary and desirable in the public interest that
BUCKLEY and AUBURN exercise the rights and privileges afforded by said statute:
NOW, THEREFORE, it is mutually agreed by and between AUBURN and
BUCKLEY as follows:
AVAILABILITY OF JAIL FACILITIES
BUCKLEY agrees to furnish its facilities and personnel for the
confinement of AUBURN prisoners in the same manner and to the same
extent as BUCKLEY furnishes said services for confinement of its own
prisoners. BUCKLEY jail facilities shall be made available and furnished
for holding of AUBURN prisoners held upon arrest, awaiting trial and
service of imposed jail terms. It is understood and agreed that BUCKLEY
shall have no obligation to confine additional AUBURN prisoners when
the BUCKLEY facility is at its maximum capacity and in such events,
AUBURN will make diligent efforts to confine its prisoners elsewhere.
2. GUARANTEED BED SPACE
AUBURN agrees to pay BUCKLEY a daily rate for each day or portion of
a day for each AUBURN prisoner as set forth in this AGREEMENT.
a. The term AUBURN prisoner as used in this Agreement
shall mean persons confined in jail pursuant to a violation of a
AUBURN ordinance or regulation chargeable as a
misdemeanor or a gross misdemeanor.
b. The daily rate for lodging, in the Buckley City Jaii, shall be
$52.00 per day plus medical expenses.
3. METHOD AND TIME OF PAYMENTS
The amounts under the terms of this Agreement shall be due and payable
within thirty days from and after receipt of an itemized invoice by each
party to the other, listing thereon the services rendered and itemized
billing therefore. BUCKLEY agrees to bill monthly for all sums described
hereunder.
4. COPY OF ARREST WARRANT OR CITATION
AUBURN law enforcement officers placing AUBURN misdemeanant-
charged prisoners in the BUCKLEY jail shall, in every instance, first
furnish an arrest warrant or citation to the BUCKLEY jail.
5. AUBURN LAW ENFORCEMENT OFFICER PRESENCE
AUBURN law enforcement officer placing arrested prisoners in custody
in the BUCKLEY jail shall be required to remain in the immediate
presence of the arrested person and shall be considered to have such
person in their sole custody until the BUCKLEY booking officer audibly
states that the AUBURN law enforcement officer may leave, and as such
time and only then, will BUCKLEY come into custody of said prisoner.
RECORDKEEPING
AUBURN agrees to maintain its own system of arrests and disposition
finger print cards.
7. JAIL RULES AND REGULATIONS
AUBURN agrees that when any AUBURN prisoner is being delivered to
the BUCKLEY jail, persons delivering said prisoners shall comply with
such reasonable rules and regulations as shall from time to time be
established. AUBURN prisoners in custody at the BUCKLEY jail will be
subject to all applicable rules, regulations and standards governing
operation of the BUCKLEY jail, including any emergency security rules
imposed by the Chief of Police.
AUBURN ACCESS TO PRISONERS
All AUBURN police officers and investigators shall have the right to
interview the prisoners inside the confines of the Buckley jail subject only
to necessary security rules. Interview rooms will be made available to
AUBURN police officers in equal priority with those of any other
department, including the Buckley Police Department.
9. RELEASE OF AUBURN PRISONERS FROM BUCKLEY JAIL
No AUBURN prisoners confined in the BUCKLEY jail shall be removed
except:
a. When requested by the AUBURN police department.
b. By order of the AUBURN court in those matters in which it has
jurisdiction, or upon order of the Pierce County District Court, or the
Pierce County Superior Court in those matters in which said courts
have jurisdiction.
c. For appearance in the court in which a AUBURN prisoner is
charged.
d. In compliance with a writ of habeas corpus.
e. For interviews by the AUBURN attorney or member of the
AUBURN Police Department.
f. If the prisoner has served his sentence of the charge pending against
said prisoner has been dismissed or bail or other recognizance has
been posted as required by the courts.
10. HEALTH CARE
AUBURN shall be responsible for all medical, dental or mental health
costs incurred by or on behalf of a AUBURN prisoner including
prescriptions, appliances, supplies or other treatments ordered by the
practitioner, with the exception of the services currently provided within
the Jail. BUCLEY may refuse to accept a AUBURN prisoner in obvious
need of medical, dental or mental health attention.
Additionally, in the event a AUBURN prisoner's medical, dental or
mental condition in the judgment of the BUCKLEY Jail necessitates the
attention of a medical, dental or mental health professional, AUBURN
authorizes BUCKLEY to solicit such medical dental or mental health
services for the AUBURN prisoner. It is understood and agreed that prior
to soliciting said services BUCKLEY shall make a reasonable effort to
notify either orally or in writing the AUBURN Police Department of the
COPS intention. All emergency situations shall be handled according
with BUCKLEY policy, with AUBURN being notified the next business
day.
BUCKLEY shall only be responsible for a AUBURN prisoner's medical,
dental or mental health costs if it is determined that said costs .were
incurred as a result of the negligence of BUCKLEY or its employees.
AUBURN shall first notify BUCKLEY Chief of Police as to medical or
mental health costs for AUBURN Prisoners. The parties shall make a
good faith effort to resolve any disagreement under this paragraph. If a
resolution cannot be reached, the parties shall refer the matter to an
independent arbitrator selected by the parties. The cost of arbitration shall
be the responsibili8ty of the losing party. Each party shall be responsible
for its costs and attorney fees.
11. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AUBURN agrees to indemnify and hold harmless BUCKLEY, its elected
and appointed officers, agents and employees from and against all claims,
demands and causes of action of any kind or character, including of
defense thereof arising from actions of AUBURN or its officers or
employees.
Similarly, BUCKLEY agrees to indemnify and hold harmless AUBURN,
Its elected and appointed officers and employees from and against all
claims, demands and causes of action of any kind or character, including
the cost of defense thereof arising from actions of BUCKLEY, its officers
or employees in conducting the jail activity.
12 DURATION AND TERMINATION OF AGREEMENT
The duration of this Agreement shall be for the initial term of one year,
commencing January 1, 2004, and shall continue in effect for subsequent
calendar year terms provided that either party may terminate this
Agreement by giving 90 days written notice to the other party. Provided
further that the failure of any party to perform its obligations under this
Agreement, said failure amounting to a substantial breach of the terms and
conditions contained herein, shall constitute grounds for the withdrawal
from this Agreement by any party adversely affected by said breach.
DATE ~~~ ~ 2006
CITY OF AUBURN
~ --
By:
May r
By: ~
Ad inistrator
DATE ~ `~ i/ ~"
CITY OF BUCKLEY
By: ~ ~~--
Mayor
By.
Adm istrator
By: ~ By:
hief of Police hief of Police
A
s
Approved as to form:
By:
City Attorney