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HomeMy WebLinkAbout4621 Contract Number:� 4621 Vendor: KITSAP CO SHERIFF - CORRECTIONS DIVISION Subject: . Incarceration of City Prisoners Department: Police File Class: LEG 12-1 Begin Date: O1/Ol/2007 End Date: 12/31/2009 Review Date: 02/15/2012 Vault Date: O1/O1/2012 Comments: KC-426-06-A Addendum #1-11/08 New Agreement 2010 KC-426-06-A KITSAP COUNTY/CITY OF~BREMERTON ADDENDUM TO CONTRACT FOR INCARCERATION OF CITY PRISONERS WHEREAS, KITSAP COUNTY, a municipal corporation organized under the laws of the State of Washington (hereinafter referred to as County) and the CITY OF BREMERTON (hereinafter referred to as Contract Agency), have entered into a contract on the 1ih day of March, 2007, for the services provided under the contract and WHEREAS, the County and City desire to enter into an addendum reflecting the intention of both parties; now, therefore, IN CONSIDERATION of the mutual covenants contained herein, it is hereby agreed as follows: Section 5 is amended as follows: 5. COMPENSATION FROM THE CONTRACT AGENCY: (a) Base Rate for Housinq. In return for the County's housing of a prisoner of the Contract Agency, the Contract Agency shall pay the County eighty ($80) dollars in calendar year 2009 for every 24-hour period, or portion thereof greater than twelve (12) hours, that said prisoner is in the custody of the County commencing upon the adoption and signatures of the Contract Agency and the County. Such time period shall be measured from the time said prisoner is transferred to the custody of the County and housed to the time when the Contract Agency resumes custody or the prisoner is released under competent authority. For purposes of this section, the Contract Agency prisoners are defined as all pre-conviction and post conviction City of Bremerton misdemeanants. (b) Determination of Case Status. The Prosecuting Attorney shall have the sole authority to determine which felony cases submitted by the Contract Agency shall be charged as felonies and which as gross misdemeanors/misdemeanors. The Contract Agency shall not be responsible for the base rate for housing on any cases charged as a felony by the Prosecutor. Nothing in this contract prevents the County from seeking reimbursement for felony medical costs prior to sentencing as provided in RCW 70.48.130. If the Prosecutor makes the determination that a case is a gross misdemeanor/misdemeanor, such cases shall be referred to the Contract Agency for filing in the appropriate court of limited jurisdiction. Any case originally charged by the Prosecutor as a felony and later plea-bargained or adjudicated to a gross misdemeanor/misdemeanor, shall not require compensation by the Contract Agency for the base rate of housing. I (c) Base Rate for Bookinq and Release. In return for the County providing a service to book and release a prisoner of the Contract Agency in order to have the arrest documented on the criminal history of the prisoner, the Contract Agency shall pay the County fifty ($50) dollars in calendar year 2009. As long as the prisoner is not in the facility over 12 hours, this rate will be used. (d) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 6. (e) Billinq. The County will bill the Contract Agency on the 15th day of each month for all amounts due to the County under this Agreement for the services rendered in the prior calendar month. Such fees shall be due and payable by the Contract Agency to the County within 30 days after receipt of an itemized invoice. Page 1 of3 Section 17 is amended as follows: 17. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE: (a)The Contract Agency agrees to defend, indemnify and hold harmless the County, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from or alleged to have arisen from: (1) The Contract Agency's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the Contract Agency, its appointed and elected officials, employees and agents; (2) Wrongful detention of a Contract Agency prisoner as a result of the Contract Agency's actions; (3) Failure or refusal to timely release a Contract Agency prisoner as a result of the Contract Agency's actions. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (b) The County agrees to defend, indemnify and hold harmless the Contract Agency, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from, or alleged to have arisen from: (1) The County's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the County, its appointed and elected officials, employees and agents; (2) Wrongful detention of a Contract Agency prisoner as a result of the County's actions; (3) County's failure or refusal to timely release a Contract Agency prisoner. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (c) Insurance Reauirement. The Contract Agency.shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of prisoners, including general liability, errors and omissions, auto liability and police professional liability. The insurance policy(ies) shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (d) Certificate of Insurance. The Contract Agency agrees to provide the County with evidence of insurance coverage in the form of a certificate fro'm a solvent insurance provider confirming coverage from a solvent insurance company or pool which is sufficient to address the insurance obligations set forth above. Page 2 of3 . . Section 23 is amended as follows: 23. DURATION: This term of this Agreement shall be effective for one (1) year commencing on January 1 , 2009 and ending on December 31, 2009, unless another date is substituted pursuant to Section 24 or the Agreement is terminated earlier pursuant to Section 21. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. All other terms and conditions of the original Contract remain in full force and effect. DATED this ob~ay of AkVtf/Ubu- ,2008. 'DATED this ~ day of ~..v.n'71.&A ~ 2008. C5E~ __, Cary Boz man Mayor KITSAP COUNTY SHERIFF'S OFFICE Ned~ Chief of Corrections BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON ~ t;a.~lt.-' STEPH B ER, Chair JOS W 1J/!A9~ ~.. C~q ~ JAN ANGEL(s(jmmissioner ATTEST: @p irJJ IJb ~Ih Opal Robertson, Clerk of the Board !J-!t,3/og , . Dated: Page 3 of3 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4621 KITSAP CO SHERIFF - CORRECTIONS DIVISION Incarceration of City Prisoners Police GOV File Class LEG 12-1 $ 01/01/2007 12/31/2008 10/01/2008 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date See Agreement for compensation 'f KC-426-06 KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF CITY PRISONERS THIS AGREEMENT is made and entered into by and between KITSAP COUNTY, a municipal corporation, having its principal offices at 614 Division Street, Bremerton, Washington, 98366 (the County) and the City of Bremerton, having its principal offices at 345 6th Street, Bremerton, WA 98337. WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons; WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more prisoners lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping prisoners received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform; and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law. AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows: 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services located at the Kitsap County Sheriffs Office, Corrections Division, 614 Division Street Bremerton, Washington 98366. 2. DETENTION/INCARCERA TION The County shall incarcerate persons received from Contract Agency until the following occur: (a) expiration of the term of confinement as indicated in a Warrant or Order of Commitment; or (b) upon posting of bail; or (c) receipt of a directive from a law enforcement officer or prosecuting attorney of the Contract Agency to release such person held under probable cause without judicial process; or Page I of9 (d) for those held upon probable cause without judicial process upon the passage of two (2) business days; provided, prior to releasing any person pursuant to this subsection, the County shall attempt to contact the Contract Agency to ascertain the Contract Agency's desire with regard to said person; provided that the Contract Agency shall hold the County harmless as set forth in Section 17 for any claim or action resulting from the detention of an individual wrongly detained at the direction of the Contract Agency. 3. CONTRACT REPRESENTATIVES: All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: County: Kitsap County Sheriff's Office Ned Newlin Chief of Corrections 614 Division Street, MS-33 Bremerton, WA 98366 Phone: 360-337-7107 Fax: 360-337-5780 Contract Agency: City of Bremerton Chief Craig Rogers 345 6th Street Bremerton, WA 98337 Phone: 360-473-5950 Fax: 360-473-5940 4. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain prisoners set forth in Sections 8 and 9 herein, the County will accept and keep prisoners at the request of the Contact Agency, unless the County, in its sole discretion, determines that the jail population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the County's jail might be reached or exceeded if the County does not begin to refuse or request removal of prisoners. 5. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate for Housinq. In return for the County's housing of a prisoner of the Contract Agency, the Contract Agency shall pay the County sixty-five ($65) dollars in calendar year 2007 and sixty-seven dollars and fifty-three cents ($67.53) in calendar year 2008 for every 24-hour period, or portion thereof greater than twelve (12) hours, that said prisoner is in the custody of the County commencing upon the adoption and signatures of the Contract Agency and the County. Such time period shall be measured from the time said prisoner is transferred to the custody of the County and housed to the time when the Contract Agency resumes custody or the prisoner is released under competent authority. For each year thereafter, the County shall provide to Contract Agency a base rate for the succeeding year by September 30 of each year. For purposes of this section, the Contract Agency prisoners are defined as all pre-conviction and post conviction misdemeanants. (b) Determination of Case Status. The Prosecuting Attorney shall have the sole authority to determine which felony cases submitted by the Contract Agency shall be charged as felonies and which as gross misdemeanors/misdemeanors. The Contract Agency shall not be responsible for the base rate for housing Page 2 of9 on any cases charged as a felony by the Prosecutor. Nothing in this contract prevents the County from seeking reimbursement for felony medical costs prior to conviction as provided in RCW 70.48.130. If the Prosecutor makes the determination that a case is a gross misdemeanor/misdemeanor, such cases shall be referred to the Contract Agency for filing in the appropriate court of limited jurisdiction. Any case originally charged by the Prosecutor as a felony and later plea-bargained or adjudicated to a gross misdemeanor/misdemeanor, shall not require compensation by the Contract Agency for the base rate of housing. (c) Base Rate for Bookinq and Release. In return for the County providing a service to book and release a prisoner of the Contact Agency in order to have the arrest documented on the criminal history of the prisoner, the Contact Agency shall pay the County fifty ($50) dollars in calendar years 2007 and 2008. As long as the prisoner is not in the facility over 12 hours, this rate will be used. For each year thereafter, the County shall provide to Contract Agency a base rate for this service the succeeding year by September 30 of each year. (d) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 6. (e) Billinq. The County will bill the Contracting Agency on the 15th day of each month for all amounts due to the County under this Agreement for the services rendered in the prior calendar month. Such fees shall be due and payable by the Contract Agency to the County within 30 days after receipt of an itemized invoice. 6. MEDICAL COSTS AND TREATMENT: a) Services Provided. Upon transfer of custody of a prisoner to the County, the County will provide or arrange for such medical, psychiatric and dental services as may be necessary to safeguard the prisoner's health while confined, in accordance with the provisions of Chapter 289-20 WAC, as now in effect or hereinafter amended, and the policies and rules of the County jail. (b) Cost Responsibilitv. The Contract Agency shall be responsible for the cost of all medication prescribed for its prisoners as provided herein. For purposes of medical costs and treatment, the Contract Agency prisoners are defined as all pre-conviction and post conviction misdemeanants and all pre-conviction felons.Jhe Contract Agency shall also be responsible for all costs associated with the delivery of medical, psychiatric and dental services provided to a prisoner that are not available from the health care program within the County jail and for all emergency medical services, wherever provided. These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County. Upon a felony conviction of a pre- conviction felony prisoner of the Contract Agency, medical costs and treatment become that of the County, until transferred to the Department of Corrections, when applicable. (c) Notice. Except in case of situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's prisoner to a medical, dental or psychiatric provider outside of the County jailor to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency prisoner has received or refused any medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide to the County all written verification of any authorization of or refusal to authorize care or treatment for such prisoner. (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from retaking custody of an ill or injured prisoner by picking the prisoner up for transfer at the County jail; provided, in situations the County deems that a prisoner requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) notwithstanding a request from the' Contract Agency to retake custody of the prisoner. (f) Records. The County shall keep records of all medical, psychiatric or dental services it provides to a prisoner as required by law. Page 3 of9 (g) No Waiver of Riqht to Seek Reimbursement. The above paragraphs relating to medical costs are intended solely to define the obligations between the parties to this agreement. Nothing contained within the provisions of this agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the department of social and health services, or from the prisoner, or any other responsible third- party. 7. TRANSPORTATION OF CONTRACT PRISONERS: (a) Contract Agency shall provide or arrange for transportation of its prisoners to and from the Kitsap County Jail except when the transportation is determined by County staff to be necessary to secure emergency medical evaluation or treatment, or when transportation is required to support the orderly operation of the Jail. (b) Transport with Costs. For any additional transports by the County required by court order or made at the Contract Agency's request, the Contract Agency shall reimburse the County for transportation performed by County at the Standard Mileage Rates as set by the Internal Revenue Service and $40.00 per hour for the cost of personnel. (c) Contract Aqencv Transport. The Contract Agency shall provide at least 24 hours written notice to the County prior to transporting a prisoner from the County Jail. Except as limited by Section 7(a), the Contract Agency shall be responsible for retaking custody of a prisoner at the County jail and for transporting the prisoner. 8. TRANSFER OF CUSTODY: (a) Commencement of Custody bv County. Custody of a Contract Agency's prisoner to the County shall be deemed transferred when officers from the Kitsap County Sheriffs Office take physical control of the prisoner. The County will not take such control of a prisoner until the Contract Agency has delivered copies of all records in its possession pertaining to the prisoner's incarceration by the Contract Agency or its agent, including a copy or summary of the prisoner's medical records if held by the Contracting Agency or its agent. If the County requests additional information regarding a particular prisoner, then the parties shall mutually cooperate to obtain such information. Absent compliance with existing policies, the County shall not be required to take custody of or assume control of or responsibility for any property of the prisoner. The Contract Agency's officers, when transporting a prisoner to the jail shall be responsible for ensuring that all paperwork is in order and that all property allowed to be transported with the prisoner is properly packaged. The County will not take physical control and assume custody of a prisoner to be confined unless all paperwork and property of the prisoner are in order. Upon presentation of an individual for confinement, or as soon thereafter as is practicable, the Contract Agency shall advise the staff of the Kitsap County Jail of the duration or other terms of confinement of a given individual. The Contract Agency shall provide a copy of any Warrant of Arrest or Order of Commitment. The Contract Agency shall be solely responsible for determining that the individuals presented for detention are detainable and shall certify by the act of presenting an adult person for detention, that said person is legally detainable and County shall bear no responsibility to insure that said individuals are legally detainable. The Contract Agency shall hold the County harmless as set forth in Section 17 for any claim or action resulting from the detention of an individual wrongly presented by the Contract Agency for detention. (b) Further Transfer of Custody. Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any prisoner confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from a court of competent jurisdiction. (c) Responsibilities Upon Assumption of Custody. Upon transfer of custody to the County, it shall be the County's responsibility to confine the prisoner; to supervise, discipline and control said prisoner; and to administer the prisoner's sentence pursuant to the order of the committing court in the State of Washington. During such confinement, the County shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 6 of this Agreement. Page 4 of9 (d) Resumption of Custody bv Contractinq Aqencv. The Contract Agency shall be deemed to have resumed custody of a prisoner upon either the County's presentation of such prisoner to the Contracting Agency, or upon the Contract Agency's officers taking physical control of the prisoner. 9. RIGHT TO REFUSE/RETURN PRISONER: . (a) Pendinq Medical Needs. The County shall have the right to refuse to accept any Contract Agency prisoner who appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the prisoner to the satisfaction of the County. 10. REMOVAL FROM JAIL - OTHER GROUNDS: The Contract Agency's prisoners may be removed from the County jail for the following reason(s): (a) Request bv Contract Aqencv. Upon written request of the Contract Agency for transfer of custody back to the Contract Agency. (b) Court Order. By order of a court having jurisdiction over a Contract Agency's prisoner. In such case, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 7 above. (c) Treatment Outside of Jail. For medical, psychiatric or dental treatment or care not available within the County jail. (d) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the County, an eminent danger to the safety of the prisoner(s) or personnel of the County. In such case, the County will inform the Contract Agency, at the earliest practicable time, of the whereabouts of the prisoner(s) so removed and shall exercise all reasonable care for the safekeeping and custody of such prisoner(s). 11. TRANSFER OF PRISONERS UPON TERMINATION/EXPIRATION OF AGREEMENT: (a) Termination bv County. In the event of a notice of termination from the County in accordance with Section 21 below, it shall be the County's obligation to transport the Contract Agency's prisoners to the Contract Agency, at no expense to the Contract Agency. (b) Termination bv Contract Aqencv. In the event of a notice of termination from the Contract Agency in accordance with Section 21 below, it shall be the Contract Agency's obligation to transport the Contract Agency's prisoners at its own expense, on or before the effective date of such termination. 12. PRISONER RIGHTS, ACCOUNTS AND PROGRAMS: (a) Earlv Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early release credits shall allow no more credit for its prisoners than is allowed by the County under its policies. The Contract Agency's prisoners confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for all prisoners at the County jail. With respect to the Contract Agency's prisoners, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, pursuant to facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the County jail will apply equally to prisoners confined pursuant to this Agreement as applied to other prisoners confined to the Jail. (b) Prisoner Accounts. The County shall establish and maintain an account for each prisoner received from the Contract Agency and shall credit to such account all money received from a prisoner or from the Contract Agency on behalf of a prisoner. The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the prisoner for personal needs. (c) Proqrams. The County shall provide the Contract Agency's prisoners with access to all educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to all other prisoners at the jail. Page 5 of9 (d) Serve Time Outside of Facilitv. The Contract Agency's prisoners, if deemed eligible, will be allowed to leave the jail for participation in correctional work crews, or any other program in which other prisoners sometimes are allowed to leave the physical confines of the jail as part of serving their sentence. 13. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facilitv. Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and that its prisoners are treated appropriately. The County agrees to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws. (b) Access to Prisoners. Contract Agency personnel shall have the right to interview prisoners from the Contract Agency at any reasonable time within the jail. Contract Agency officers shall be afforded equal priority for use of jail interview rooms. 14. ESCAPES AND DEATHS: (a) Escapes. In the event of an escape by a 80ntract Agency's prisoner from the County jail, the Contract Agency will be notified in writing as soon as practical. The County will have the primary authority to direct the investigation and to pursue the prisoner within its jurisdiction. Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County. The County will not be required to pursue and return the Contract Agency's escaped prisoner from outside of the County. (b) Deaths. (1) In the event of a death of a Contract Agency prisoner in the County jail, the Contract Agency shall be promptly notified in writing. Kitsap County Sheriff's Office will investigate the circumstances. The Contract Agency may join in the investigation and receive copies of all records and documents from the investigation., (2) The County shall, subject to the authority of the Kitsap County Coroner, follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death. All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency. With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall be responsible for all such expenses. This paragraph defines the obligations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 15. POSTING OF BAil: The County shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's prisoner with the County, and any such bonds or monies will be promptly forwarded to the proper agency. Page 6 of9 16. RECORD KEEPING: The County agrees to maintain a system of re.cord keeping relative to the booking and confinement of each of the Contract Agency's prisoners consistent with the record keeping by the County for all other prisoners. The County shall make copies of said records available without cost to the Contract Agency upon its request. 17. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE: (a)The Contract Agency agrees to defend, indemnify and hold harmless the County, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from or alleged to have arisen from: (1) the Contract Agency's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the Contract Agency, its appointed and elected officials, employees and agents; (2) any actions, claims or lawsuits for damages alleging wrongful detention of a Contract Agency prisoner as a result of the Contract Agency's actions; (3) any actions, claims or lawsuits for damages alleging the Contract Agency's failure or refusal to timely release a Contract Agency prisoner. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contact Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (b) The County agrees to defend, indemnify and hold harmless the Contract Agency, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from, or alleged to have arisen from: (1) the County's performance under this Agreement or as a consequence of or any wrongful or negligent acts or omission of the County, its appointed and elected officials, employees and agents; (2) Wrongful detention of a Contract Agency prisoner as a result of the County's actions; (3) County's failure or refusal to timely release a Contract Agency prisoner. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. Page 7 of9 18. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. 19. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW 39.34.030, the Kitsap County Sheriff shall be responsible for administering the confinement of prisoners hereunder. No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 20. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. 21. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herein. Termination by said notice shall become effective ninety (90) days after receipt of such notice. The notice shall set forth the reason the party wishes to terminate the Agreement and the specific plan for accommodating the affected prisoners, if any. 22. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the provisions of RCW 39.34.180(3), as now in effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may posses. The parties further agree that such level of compensation and all other issues related to the purpose of this Agreementwill only be as agreed to herein or as otherwise agreed to in a writing .executed by the parties. 23. DURATION: This initial term of this Agreement shall be effective upon signatures of all parties and shall terminate two years from the date of execution unless another date is substituted pursuant to Section 24 or the agreement is terminated earlier pursuant to Section 21. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. 24. MODIFICATION: This agreement may only be modified by written instrument signed by both Parties. 25. GOVERNING LAWNENUE: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and to a prisoner's confinement under this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and in the event of dispute, the venue for any action brought hereunder shall be in Kitsap County Superior Court. Page 8 of9 26. MISCELLANEOUS: In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract Agency for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation. DATED this~ay Of~-'/y(~~4~ .,2007. CITY~TON Cary Bozeman Mayor DATED this~day of fi6rua-j ,2007. KITSAP COUNTY SHERIFF'S OFFICE BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON '/ll/07 &L-- JA~~J ~I I?~ ATTEST: Page 9 of9