State of Alabama



State of Alabama

_______ County

AGREEMENT

This Agreement made and entered into this the _____ day of

_______, 20__ by and between _______ County, Alabama and the City of

_______ “_______”.

STATEMENT OF BACKGROUND INFORMATION

1. The _______ County Commission, the _______ County Sheriff, the City of _______ and the City of ________ recognizes the efficiency and effectiveness of expanding the existing County Jail for the housing of Municipal and County inmates under the operation of the _______ County Sheriff’s Office.

2. The Jail expansion project is expected to be completed and ready for occupancy during the summer of 20__. The financial commitment for the project shall begin upon the execution of this agreement as outlined in 15 below an appendix A attached.

3. In accordance with the provisions set forth below, _______ has requested the _______ County Sheriff to house municipal inmates in _______ County’s jail “detention facility” upon the completion of the Jail expansion project and the _______ County Sheriff has agreed to house said inmates.

4. City inmates will be housed at the County Jail in consideration for the city paying to _______ County the sum of Thirty dollars ($ __.00) per day for each inmate booked into the detention facility.

STATEMENT OF AGREEMENT

Now, therefore, for and in consideration of the above representations, the mutual covenants and agreements contained herein, the parties do agree as follows:

1. _______ County has agreed to house the City of _______’s inmates upon the completion of the project.

2. If conditions and housing space permit, the _______ County Sheriff may accept City of _______’s inmates prior to completion of the project at the request of the City under the terms and conditions specified in this contract with the number of inmates housed to be at the discretion of the _______ County Sheriff.

3. _______ will pay to the _______ County Sheriff fifteen dollars ($ __.00) for any portion of the first twenty-four hour calendar day for any detainee/inmate after initial booking and then thirty dollars( $ __.00) per calendar day beyond the initial booking date for each _______ detainee/inmate housed by the _______ County Sheriff. This rate can be renegotiated each year during the month of ____ without affecting the other provisions of this agreement. The rate is based upon administrative, operational and maintenance costs of the detention facility. Rate changes are to be agreed to by the County and City. The City retains the right to review/audit the records used as the basis to set said rates at its expense and upon written request to the _______ County Sheriff and _______ County Administrator.

4. _______ County will provide interview space after initial booking of the inmates for investigative purpose on pre-arranged basis. _______ will retain the ability to have facilities for initial arrest interviews as needed.

5. _______ County will provide _______ inmates to _______ as needed for work details based on inmate population circumstances after consideration of inmate safety and security concerns. _______ will be required to provide security and transport for its work detail inmates with a pick-up time to be at 7:00 AM and return time of 4:00 PM. Exceptions may be allowed with advance notification. Each inmate on the work detail will be provided a lunch by _______ County free of charge to _______.

6. _______ will be responsible for transporting its inmates to court for trial, hearings, or other court proceedings. _______ will provide a list of individuals and schedules for court appearances to allow _______ County Jail staff time to prepare inmates for transport.

7. All policies, procedures, discipline, operations and overall functions of the _______ County Jail shall be under the authority and responsibility of the Sheriff of _______ County.

8. All bonds must be authorized by the Sheriff of _______ County or his designee. _______ will submit their bond schedule and court dates for individual offenses to the _______ County Jail administrator for guideline purposes only.

9. The arresting law enforcement official shall remain with their arrestee until the paperwork relating to the arrest is complete. The arresting officer will not be required to remain for the entire booking process. Self initiated arrests will require a warrant to be delivered to the _______ County Jail facility for record purposes within twenty-four (24) hours of book-in or as soon as possible the next business day.

10. _______ County Jail staff will have the authority to determine when an inmate is in need of medical and/or mental health treatment. _______ agrees to assist _______ County with transport and security for its detainees/inmates when requested for health services issues.

11. _______ will be financially responsible for medical and mental health treatment required by its detainees/inmates. The cost so incurred will be billed directly to _______ by the health service provider. _______ County has a co-pay procedure for inmates that have funds available. Co-pay funds that accrue from _______ detainees/inmates will be forwarded to _______ on a monthly basis. Costs associated with prescription medications for _______ detainees/inmates will be billed directly to _______ by the provider.

12. _______ will be invoiced by the _______ County Sheriff’s Office for each _______ detainee/inmate on a per diem basis at the beginning of each month and payment will be made by _______ to the Sheriff of _______ County by the Tenth (10th) day of each month.

13. _______ County shall maintain its jail facility in accordance with all applicable State and Federal laws.

14. _______ has agreed to participate in the cost of development of the _______ County Criminal Justice Detention Center project (the “Project”), subject to the following terms and conditions:

a. _______ makes the following representations as the basis for the undertakings on its part contained herein:

i) _______ has an essential need for access to, and use of, a criminal justice detention center and has determined that participation in the development of the Project by _______ County is the most cost effective and desirable method of meeting this essential need and is in the best interest of _______.

ii) _______ understands and agrees that the County will obtain funding for the Project through the issuance of its general obligation debt obligations and the use of the County’s existing funds on hand.

iii) _______ understands and acknowledges that the County is developing the Project and borrowing the necessary funds in reliance on _______’s representation of the essential need for the Project and _______’s agreement to make the Annual Payments specified below, subject, however to the terms and conditions of this Agreement.

iv) _______ has the power to enter into this Agreement and to perform its obligations hereunder and has, by proper action, duly authorized the execution, delivery and performance of this Agreement.

a. In order to provide its share of the cost of developing the Project, _______ agrees to make annual payments to _______ County at times and in amounts specified in Exhibit A (the “Annual Payments”); provided, however, that _______ shall be obligated to make such Annual Payments during any fiscal year only to the extent that such Annual Payments may be made from current revenues lawfully budgeted and appropriated for such purpose during such year. The period beginning on the date of this Agreement and ending on the last payment date specified in Exhibit A is referred to in this Agreement as the “Funding Term”.

b. _______ reasonably believes that funds can be obtained sufficient to make all Annual Payments and hereby covenants that it will do all things lawfully within its power to obtain, maintain and properly request and pursue funds from which the Annual Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funds, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It is _______’s intent to make Annual Payments for the full term specified in Exhibit A if funds are legally available therefore; however, it is expressly understood that _______ is not legally obligated to make appropriations for the Annual Payments and that this Agreement shall not create a debt of _______ within the meaning of Section 225 of the Constitution of the State of Alabama.

c. The Annual Payments shall be payable by _______, without notice or demand by _______ County, on the dates specified in Exhibit A at the office of the County Administrator of _______ County or at such other place as shall be designated by _______ County by written notice to _______.

d. _______ agrees it will not acquire, reuse, build, develop or otherwise obtain access to any facility during the Funding Term that will replace, or otherwise render unnecessary, _______’s use of the Project unless _______ makes irrevocable provisions, not subject to annual appropriation and otherwise satisfactory to the County, for payment of all remaining Annual Payments.

IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate, each of which shall constitute an original, on the day and date first above written.

_______ COUNTY, ALABAMA

By:

____________________________

Its:

____________________________

SEAL AND ATTEST:

By: _________________________

Its: _________________________

CITY OF _______, ALABAMA

BY:

____________________________

Its: Mayor

SEAL AND ATTEST

By: ________________________________

Its: City Clerk

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