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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