Detention Center Agreement

DETENTION CENTER AGREEMENT

This Detention Center Agreement (this Agreement) is entered into as of Effective Date: by and between Facility Name: with principal place of business at Facility Address: (hereinafter "Facility"), and Contracting Agency Name: with mailing address at Agency Address: (hereinafter "Agency"). Facility and Agency may be referred to individually as a Party and collectively as the Parties.

RECITALS

WHEREAS, Facility operates a detention center for the confinement, care, and supervision of detainees, including physical infrastructure, security, medical screening, and administrative services; and

WHEREAS, Agency is authorized to place detainees at a detention facility and desires that Facility provide detention, housing, and related services for detainees under the terms set forth in this Agreement; and

WHEREAS, the Parties intend to set forth their respective rights, duties, standards of care, reporting obligations, payment terms, and other matters governing the placement and care of detainees at Facility.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement: "Detainee" means any individual placed by Agency at Facility for custody, control, or detention. "Services" means the detention, housing, supervision, medical screening, food services, security, transportation coordination, classification, and reporting services provided by Facility under this Agreement. "Term" means the period set forth in Section 2.

2. TERM

This Agreement commences on Effective Date set forth above and continues for an initial term of months, unless earlier terminated in accordance with Section 10. The Parties may extend the Term by written amendment executed by authorized representatives of both Parties.

3. SCOPE OF SERVICES

3.1 Facility agrees to accept and provide custody, secure housing, supervision, and essential services to Detainees delivered by Agency under the terms of this Agreement. Services shall include, at a minimum: intake screening, classification, daily housing and supervision, security staffing and equipment, regular meal service, access to medical screening and emergency care, access to legal visits subject to security procedures, and records and reporting as required in Section 7.

3.2 Facility shall ensure that all Services are performed in accordance with applicable laws, regulations, constitutional standards, and recognized correctional standards for health, safety, and humane treatment.

4. FACILITY OBLIGATIONS

4.1 Staffing and Supervision. Facility shall maintain sufficient trained staff to meet operational demands and supervise Detainees. All staff assigned to perform Services shall be properly qualified, licensed where required, and shall receive ongoing training in security, use of force, medical emergency response, suicide prevention, and detainee rights.

4.2 Medical and Mental Health Screening. Facility shall conduct initial medical and mental health screening upon intake and provide or arrange for necessary medical care. Any urgent or emergency medical condition shall be reported to Agency promptly and handled according to Facility's emergency protocols.

5. AGENCY OBLIGATIONS

5.1 Provision of Information. Agency shall provide Facility with all reasonably necessary information regarding each Detainee's identity, custody status, known medical conditions, classification needs, special handling requirements, and any protective orders, prior to or at the time of placement.

5.2 Costs and Payment. Agency shall pay Facility the rates and fees set forth in Section 6. Agency shall cooperate with Facility to resolve billing disputes and shall pay undisputed amounts in accordance with the payment terms.

6. FEES, BILLING, AND PAYMENT

6.1 Per Diem Rate. Agency shall pay Facility a per diem rate of per Detainee per day for Services rendered, subject to adjustments as set forth in this Section.

6.2 Additional Charges. Facility may impose additional charges for extraordinary medical care, transportation at Agency's direction, court appearances, or other documented extraordinary services provided at Agency's request. Facility shall provide itemized invoices for such charges.

6.3 Billing and Payment Terms. Facility shall submit monthly invoices itemizing Detainee counts and services. Agency shall pay invoices within days of receipt, except for amounts reasonably disputed in good faith, which Parties shall promptly attempt to reconcile.

7. RECORDS, REPORTING, AND PRIVACY

7.1 Records. Facility shall maintain complete and accurate records for each Detainee, including intake forms, classification records, incident reports, medical logs, and release records, in accordance with applicable retention requirements.

7.2 Reporting. Facility shall provide Agency with routine reports including daily population counts, incident reports within hours of occurrence, and any reportable medical events or use-of-force incidents as required by law or this Agreement.

7.3 Privacy and Confidentiality. Facility shall safeguard personal information and medical records of Detainees and shall disclose such information only as permitted by law and consistent with the terms of this Agreement.

8. INSPECTIONS, ACCESS, AND AUDITS

Agency shall have the right to inspect Facility premises, review records, and audit compliance with this Agreement upon reasonable advance notice, except in emergencies where immediate access is required. Inspections shall be conducted in a manner that does not interfere unreasonably with Facility operations.

9. INDEMNIFICATION

9.1 Agency Indemnity. Agency shall indemnify, defend, and hold harmless Facility and its officers, employees, and agents from and against any claims, liabilities, losses, damages, costs, or expenses, including reasonable attorneys' fees, arising out of Agency's negligent acts, omissions, or willful misconduct or arising from the acts of Detainees while under Agency's control prior to transfer to Facility.

9.2 Facility Indemnity. Facility shall indemnify, defend, and hold harmless Agency and its officers, employees, and agents from and against any claims, liabilities, losses, damages, costs, or expenses, including reasonable attorneys' fees, arising out of Facility's negligent acts, omissions, or willful misconduct in providing Services under this Agreement.

10. TERMINATION

10.1 Termination for Convenience. Either Party may terminate this Agreement for convenience upon days' prior written notice to the other Party.

10.2 Termination for Cause. Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches this Agreement and fails to cure the breach within thirty (30) days after receipt of written notice specifying the breach; provided that breaches posing immediate risk to life, health, or safety may be cured by immediate termination.

11. INSURANCE

Facility shall maintain, at its expense, insurance coverage customary for detention facilities including general liability, professional liability, workers' compensation, and any other coverage required by law or reasonably necessary to cover liabilities arising out of performance of Services. Facility shall provide certificates of insurance to Agency upon request.

12. CONFIDENTIALITY

Each Party shall maintain as confidential all non-public information obtained from the other Party in connection with this Agreement, and shall not disclose such information except as required by law or with prior written consent of the disclosing Party. This obligation survives termination of the Agreement for a period of five (5) years.

13. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. Venue for any action arising out of or relating to this Agreement shall be in the state or federal courts located in the county in which Facility is located.

14. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENT; WAIVER

14.1 Entire Agreement. This Agreement, including any attachments and incorporated exhibits, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

14.2 Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

14.3 Amendment. No amendment or modification of this Agreement shall be effective unless made in writing and signed by authorized representatives of both Parties.

14.4 Waiver. Failure by either Party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.

15. NOTICES

Notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by personal delivery, certified mail, or nationally recognized overnight courier to the attention of the representative identified.

16. MISCELLANEOUS

16.1 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by electronic means shall be valid.

16.2 Force Majeure. Neither Party shall be liable for failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disaster, epidemic, labor disputes, or governmental action; provided that the affected Party gives prompt notice and uses reasonable efforts to mitigate the effects.

ATTACHMENTS AND EXHIBITS

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