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HomeMy WebLinkAbout5248 // /4 52 W AGENDA BILL CITY OF BREMERTON 51 CITY COUNCIL SUBJECT: Amendment to the Kitsap Study Session Date: December 14, 2016 County/City of Bremerton Agreement for COUNCIL MEETING Date: December 21, 2016 Incarceration of Prisoners Department: City Attorney's Office Presenter: Roger Lubovich Phone: (360) 473-2335 SUMMARY: The City of Bremerton and Kitsap County entered into an agreement for Incarceration of Prisoners on May 13, 2013 ("Agreement"). The Agreement was amended on September 17, 2014 to extend the term to December 31, 2016 and make related changes. The proposed second amendment to the Agreement extends the term of the Agreement one additional year expiring December 31, 2017. For calendar year 2016, the City has paid $75.80 per full bed-day. For calendar year 2017, the full bed-day rate for housing will be adjusted by the All Urban Consumers -Index (CPI-U) (1982-1984=100)for the Seattle-Tacoma-Bremerton area pursuant to Section 6 (a) of the Agreement. ATTACHMENTS: Amendment to Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners FISCAL IMPACTS (Include Budgeted Amount): Budgeted in the 2017 Budget STUDY SESSION AGENDA: !i No Presentation ❑ Full Presentation STUDY SESSION ACTION: El Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Amendment to the Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 12/15/15 KC-042-13-B AMENDMENT T KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF PRISONERS WHEREAS, on May 13, 2013, the City of Bremerton, a municipal corporation of the State of Washington,"the Contract Agency"and Kitsap County, a municipal corporation, "the County"entered into an Agreement(KC-042-13)to provide incarceration of the Contract Agency's prisoners;and WHEREAS,the City and the County desire to enter into an Amendment of KC-042-13 to further clarify the intention of the parties; NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: 6. COMPENSATION FROM CONTRACT AGENCY of the Agreement is hereby amended in subsection(a)Base Rate for Housing only,to read as follows: (a) Bed-Day Rate for Housing: In return for the County's housing of a Contract Agency Prisoner,the Contract Agency shall pay the County the 2016 rate of seventy-five dollars and eighty cents($75.80)plus the percentage increase set forth in the All Urban Consumers Index(CPI-U)(1982-1984=100)for the Seattle-Tacoma- Bremerton area as is specified by the Bureau of Labor Statistics,United States Department of Labor for the prior 12-month period ending in December 2016;provided,however,the increase shall not be more than six percent (6%). This rate will be for every 24-hour period, or portion thereof,that said prisoner is in the custody of the County,and as outlined under Section 6,subsection(d)"Split Billing"of the original contract. Such time period shall be measured from the time said prisoner is transferred to the custody of the County to the time when the Contract Agency resumes custody,or the prisoner is released. 22. DURATION of the Agreement is hereby amended to read as follows: The term of this Agreement shall be effective from January 1,2017 through December 31,2017 unless another date is substituted pursuant to Section 26 of the original agreement,or the agreement is terminated earlier pursuant to Section 23 of the original agreement. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. Except as expressly provided in this Contract Amendment,all other terms and conditions of the original Contract,and any subsequent amendments,addenda or modifications thereto,remain in full force and effect. Amendment to Agreement for Incarceration of Ciry Prisoners KC-042-13-B Page 1 of 2 DATED this Z4-qday of moi1" ,20/7 DATED this/ day of V/41.4 eft_ ,20 /7 CITY OF BREMERTON KITSAP 'OUNTY SYRIFF'S OFFICE � ! 4 Patty Lent o' GaryS' son, S,-riff V , ATTEST: Shannon L. Corin,City Clerk BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON dayof &PAZ 20t7 DATED this � 70. ®©••c p,T EO'stS, ED 'D E. WOLFS" S411°��9r '— '41C COiet 741, CHARLOTTE GARRIDO, ON 6k► c C*44-1" al ROBERT GELD'',Commissioner ATTEST: T(11142441112:144:31 Dana Daniels,Clerk of the Board APPROVED AS TO FORM: Roger Lubovich,City Attorney • Amendment to Agreement for Incarceration of City Prisoners KC-042-13-13 Page 2 of 2 Contract Number: 5248 Vendor: KITSAP COUNTY Subject: Incarceration of Prisoners KC-042-13 Department: Court File Class: LEG 12-1 Begin Date: 1/1/2013 End Date: 12/31/2016 Review Date: 9/30/2016 Vault Date: 2017 Comments: KC-042-13-A 9/17/14 �� ��� �� AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment to Agreement for Study Session Date: August 13, 2014 Incarceration of Prisoners with Kitsap COUNCIL MEETING Date: August 20, 2014 County; and 2014 Budget Amendment Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The proposed amendment to the Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners extends the contract through December 31, 2016 and makes other related changes. The City will pay$73.50 per full bed-day in the calendar year 2014. On January 1 st for the years of 2015 through 2016, the base rate for housing shall be increased by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982- 1984=100)for the Seattle-Tacoma-Bremerton area as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the increase shall not be more than six percent (6%). Estimated bed days are increasing from 10,646 for 2013 to 12,000 bed days for 2014. ATTACHMENTS: Amendment to Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners. FISCAL IMPACTS (Include Budgeted Amount): The 2014 budget for the contract is $630,000. In 2013 the City spent$737,984 for 10,646 bed days. Bed days estimated for 2014 are12,000 at $73.50 per bed day for a total estimated cost of$882,000 which is an increase of$252,000 to the 2014 jail budget and an increase of$144,000 from the 2013 total cost for the contract. STUDY SESSION AGENDA: ❑x No Presentation O Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda � General Business � Public Hearing RECOMMENDED MOTION: Move to approve the amendment to Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and further to authorize an amendment to the 2014 Budget to increase General Fund expenditures by$252,000 for increased costs associated with this contract. COUNCIL ACTION: [�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 1 . � ` i KC-042-13-A � AMENDMENT TO KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF PRISONERS WHEREAS, on May 13, 2013, the City of Bremerton, a municipal corporation of the State of Washington, "the Contract Agency" and Kitsap County, a municipal corporation, "the County" entered into an Agreement (KC-042-13) to provide incarceration of the Contract Agency's prisoners; and WHEREAS, the City and the County desire to enter into an Amendment of KC-042-13 to further clarify the intention of the parties; NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: 6. COMPENSATION FROM CONTRACT AGENCY of the Agreement is hereby amended in subsection (a) Base Rate for Housine only, to read as follows: (a) Bed-Day Rate for Housin�: For the calendar year 2014, the City of Bremerton shall pay the County$73.50 per full bed-day or the appropriate percentage thereof for fractionalized bed- days as defined in Section 5 - Definitions of the contract. On January lst for the years of 2015 through 2016, the base rate for housing shall be increased by one hundred percent (100°Io) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle-Tacoma-Bremerton area as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided,however, the increase shall not be more than six percent (6%). ' Subsections (b), (c), (d), and (e) shall remain in full force and effect. 11. RELEASE, HOLDS AND COURT APPEARANCES of the Agreement is hereby amended to read as follows: Additions to the Contract Agency video court calendar must be received by 0600 the day of the requested appearance. Additions made later than 0600 will be scheduled the following judicial day. Video court will not be used for non-criminal traffic violations or any other civil matter. The City reserves the right to request implementation of the following or similar provision as agreed upon on or after January 1, 2015, and the County shall negotiate in good faith regarding the provision: For any book and release on a new charge or warrant arrest, the County shall make reasonable efforts to have the arrestee sign a promise to appear in court on the next court day. On the day of release, the County will forward the promise to appear by fax or email to the Bremerton Municipal Court and the City Prosecutor. Amendment to Agreement for lncarceration of City Prisoners KC-042-13-A Page 1 of 2 4,. � . • 1„ 22. DURATION of the Agreement is hereby amended to read as follows: The term of this Agreement shall be effective from January 1, 2014 through December 31, 2016 unless another date is substituted pursuant to Section 26 of the original agreement, or the agreement is terminated earlier pursuant to Section 23 of the original agreement. 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 of the Agreement not specifically amended herein shall remain in full force and effect. � ' DATED this �day of��'.�.,.,��14 DATED this ��'�day of c�.ti�1�P�, 2014 CITY OF BREMERTO KITSAP COUNTY S�I ERIFF'S OFFICE o� Patty Lent, a or Ned Newlin, f Corrections � l _ - (�� C� �v T: DATED this 'day of �, 2014 Shannon L. Corin, City Clerk BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON APPROVED AS TO FORM: ` � �-- R er Lubovich, City A rney Charlot�� 'do, ai �D�M . � c F , � ` o�,�p,T E����j Robert G lder, C �missione �.O �: .� •;� Q: : ' ?� Linda S�reissguth, Co issioner �;�y :t� '� . ,,� . � � �sN►�G ��• ATT T: t �q�.. ....... ►a"�n�1 � Dana Daniels, Clerk of the Board Amendment to Agreement for lncarceration of City Prisoners KC-042-13-A Page 2 of 2 @ t Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 5248 KITSAP COUNTY Incarceration of Prisoners KC-042-13 Court LEG 12-1 1/1/2013 12/31/2013 9/30/2013 2015 . , , KC-042-13 KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF CITY PRISONERS THIS AGREEMENT is made and entered into by and between KITSAP COUNTY, a murncipal corporation, havmg its principal offices at 614 Division Street, Port Orchard, Washington, 98366 (the County) and the CITY OF BREMERTON (the Contract Agency), having its principal offices at 345 6 Street, Bremerton, Washmgton 98337 WHEREAS, the County is authorized by law to operate a �ad for misdemeanants and felons and the Contract Agency is authorized by law to operate a �ad for misdemeanants and felons, WHEREAS, the Contracting Agency wishes to designate the County Jad as a place of confinement for the incarceration of one or more prisoners lawfully committed to the Contract Agenc�s custody, WHEREAS, the County is amenable to acceptmg and keeping prisoners received from the Contract Agency in the Count�s custody at its �ail 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 mterests to enter into this Agreement as authorized and provided for by RCW 39 34 080 and other Washington law AGREEMENT For and m consideration of the conditions, covenants and agreements contamed herem, the parties agree as follows PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's �ad facdities and services located at the Kitsap County Sheriff's Office, Corrections Division, 614 Division Street, Port Orchard, Washington, 98366 2. DETENTION/INCARCERATION The County shall incarcerate persons received from the Contract Agency untd the following occur (a) expiration of the term of confinement as indicated m a Warrant or Order of Commitment or as a result of an Order of Release, or is placed on electronic monitormg or simdar program as approved by the court, or (b) upon postmg of bail, or Page 1 of 11 (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 �udicial process, or (d) for those held upon probable cause without �udicial process upon the passage of two (2) busmess days, provided, pnor to releasing any person pursuant to this subsection, the County shall attempt to contact the Contract Agency to ascertain the Contract Agenc�s desire with regard to said person, provided that the Contract Agency shall hold the County harmless as set forth m Section 19 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 Port Orchard, WA 98366 Phone 360-337-7107 Fax 360-337-5780 Contract Agency City of Bremerton Roger �ubovich, City Attorney 345 6 Street, Suite 600 Bremerton, WA 98337 Phone 360-473-5345 Fax 360-473-5161 4 AVAILABILITY OF JAIL FACILITIES: Sub�ect to the County's rights with respect to certain prisoners set forth m Sections 9 and 10 herein, the County wdl accept and keep prisoners at the request of the Contract Agency, unless the County, in its sole discretion, determines that the �ad population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the County�ad might be reached or exceeded if the County does not begin to refuse or request removal of prisoners However, County agrees to notify the Contract Agency prior to any potential action by the County resultmg in a change of intake standards County further agrees to cooperate to the greatest extent possible with the Cont�act Agency to ensure Contract Agenc�s abdity to incarcerate its prisoners at the county facdity In the event the County determmes that it cannot accept and keep prisoners at the request of the Contract Agency and the �ail Bed Days does not reach the Annual Bed Bank, the annual fee for the Annual Bed Bank shall be pro-rated accordingly to the actual Bed Days utilized for that year Upon acceptance of a prisoner at the request of the Contract Agency, the County shall accept and store the prisoner's personal belongings in an amount not to exceed a day pack or equivalent m volume Any personal belongings exceedmg this amount will require County approval prior to acceptance and storage Page 2 of 1 l 5. DEFINITIONS: "Contract Agency Prisoner" as used m this Agreement shall mean a person arrested by Contract Agency officers and held and confined in the Kitsap County Jad, or otherwise held m detention as provided in this agreement pursuant to a violation of a Contract Agency ordmance or a violation of a state law or ordmance which designates the crime for which the person is held to be a misdemeanor, gross misdemeanor, or felony (see RCW 70 48 400) A prisoner arrested on a warrant issued by another �urisdiction within Kitsap County or for charges mitiated by a non-Contract Agency officer, shall be the responsibdity of the originating agency Arrests made by Contract Agency officers on extraditable warrants issued by agencies outside Kitsap County will be considered County prisoners Non-contracting agencies will not be factored when calculating "shared cosY' "Bed—Da�' shall mean a consecutive 24-hour period that a Contract Agency Prisoner is m custody at the county �ad, includmg a prisoner's booking into the county �ad "Shared Bed-Da�' shall refer to the circumstance when a Contract Agency Prisoner is held m custody at Kitsap County Jad pursuant to this agreement at the same time the prisoner is bemg held by another Contract Agency and/or the County including periods of time less than 24 hours Non-contract agencies wdl not be factored when calculating "shared bed-days " "Fractionalized CosY' shall occur in the event of a shared bed-day The bed-day shall be apportioned on an equal basis between the respective �urisdictions having custody of the prisoner For example, if two different Contract Agencies and the County have custody of a prisoner at the same time durmg any 24-hour period, then each respective �urisdiction would be responsible for a 33 1/3% share of the bed-day Non-contractmg agencies wdl not be factored when calculating "fractionalized cosY' "Fractionalized Bed-Day' occurs when a Contract Agency Prisoner is not held in custody for a full bed-day The Contract Agency shall be assessed accordmg to the length of time the prisoner is in custody Assessments shall be determined in �/z day increments For example, if a Contract Agency Prisoner's stay is from 2000 hrs on January 1 to 0800 hrs on January 2, the total elapsed time would be 12 hours or �/z of a bed-day A fractionalized bed-day may still be considered a shared bed-day if two or more �urisdictions have custody of a prisoner at the County facdity at the same time 6. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate for Housina In return for the County's housing of a Contract Agency Prisoner, the Contract Agency shall pay the County $630,000 in calendar year 2013 for a total of 9000 Bed Days (also referred to as the Annual Bed Bank) The Annual Bed Bank shall be reduced by one bed-day for each full bed-day, or portion thereof that a prisoner is in the custody of the County, as outlmed under subsection (d) "Split Bdling", below Such time period shall be measured from the time said prisoner is transferred to the custody of the County to the time when the Contract Agency resumes custody, or the prisoner is released The daily rate for housing of additional prisoners beyond the Annual Bed Bank shall be $70 00 per full bed- day, or prorated for any portion thereof (b) Determination of Case Status The Kitsap Counry Prosecuting Attorney shall have the sole authority to determme which felony cases submitted by the Contract Agency shall be charged as felonies The Contract Agency shall not be responsible for the base rate for housing prisoners on any cases charged as a felony by the Prosecutor if the Prosecutor makes the determination that a case is a misdemeanor/gross misdemeanor, such cases will be referred to the Contract Agency for fding in the appropriate court of limited �urisdiction (c) Bdlmq The County will bdl the Contract Agency on or about the 15th day of each month for all amounts due to the County under this Agreement for the services rendered m the prior calendar month Such fees shall be due and payable by the Contract Agency to the County withm 30 days after receipt of an item ¢ed invoice Page 3 of 11 (d) Split Billmq In the event of a shared bed-day, the daily bed rate wdl be apportioned as defined in Section 5 (e) Other Costs The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, mcludmg but not limited to any medical costs required by Section 7 7. MEDICAL COSTS AND TREATMENT (a) Services Provided Upon transfer of custody of a Contract Agency Prisoner to the County, the County will provide or arrange for such medical, mental health and dental services as may be necessary to safeguard the prisoner's health while confined, in accordance with the policies and rules of the County �ad The County contracts with ConMed Healthcare, Inc for in-house medical and mental health care m the �ail The costs of these services are included m determirnng the above-stated dady per diem rates charged to the Contract Agency (b) Cost Responsibditv — Outside Medical Costs Outside Medical costs are any and all expenses incurred for necessary medical care of a Contract Agency Prisoner, exc{uding 1) the in-house professional medical services provided for under Section 7(a) above and 2) medical costs relating to physical m�uries incurred whde under the care, custody, and control of the County These costs include, but are not limited to, prescriptions, laboratory tests, medical imaging services, necessary durable medical equipment, and any in- patient or out-patient treatment or referral The Contract Agency shall be responsible for its proportion of all outside medical costs for its prisoners as provided herein For purposes of inedical costs and treatment, the Contract Agency prisoners are defined as all arrestees, pre-sentencing misdemeanants and felons and post- sentencmg misdemeanants Except for medical costs relating to physical inJuries mcurred while under the care, custody, and control of the County, the Contract Agency shall also be responsible for its proportion of all costs associated with the delivery of inedical, mental health, and dental services provided to a Contract Agency Prisoner that are not available from the health care program withm the County �ad, and for all emergency medical services, wherever provided These costs shall be paid directly to the County, as directed by the County Prisoners arrested and confined on warrants issued m Kitsap County shall be the responsibility of the originatmg agency Medical costs and treatment for prisoners arrested by Contract Agency officers on extraditable warrants issued by agencies outside Kitsap Counry wdl be the responsibdity of Kitsap County (c) Emeraencv. Non-emerqent and Non-hospital Care outside the Jad - Notification For emergency care, the County wdl notify the Contract Agency within four (4) business hours of transport (Monday through Friday, from 8 a m to 5 p m PST) For non-emergent and non-hospital care outside of the �ad, the County wdl notify the Contract Agency before noon on the next business day In either case, the Contract Agency wdl be notrfied as follows ` Pre-Trial • Durmg busmess hours, contact Bremerton Municipal Court at 360-473-5250 • After business hours, call Judge James Docter at 360-710-6352 (cell), or 360-473-5215 (office) Post-Conviction Misdemeanants and/or Pre-Conviction Felornes • Dave Boynton at dave boynton (a�ci bremerton wa us (d) Pre-Confinement Consents or Refusals If a Contract Agency Prisoner has received or refused any medical, mental health or dental treatment from the Contract Agency before confinement in the County �ad, 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 herem shall preclude the Contract Agency from retakmg custody of an dl or in�ured prisoner by picking the prisoner up for transfer at the County �ail, 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 Page 4 of 11 (f) Records The County shall keep records of all medical, mental health or dental services it provides to a prisoner as required by law The County agrees to share all information, includmg insurance information, regarding a Contract Agency inmate, as allowed by law (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 withm the provisions of this Agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the Washington State Department of Social and Health Services, from the prisoner, or any other responsible third party 8. TRANSPORTATION OF CONTRACT AGENCY PRISONERS: (a) The Contract Agency shall provide or arrange for transportation of its prisoners to and from the County �ad 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 County �ad (b) Transnort with Costs The Contract Agency shall be responsible for transportation of all its prisoners to the County �ad for irntial booking When the Contract Agency has its own Court, then the Contract Agency shall be responsible for transportation of all its prisoners from the �ail facility for all appearances in the Court In the event the Contract Agency cannot provide transportation noted herein and the County performs the transportation on behalf of the Contract Agency , the Contract Agency shall reimburse the County for transportation performed by the 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 Agencv Transport The Contract Agency shall provide reasonable notice to the County prior to transportmg a prisoner from the County �ad Except as limited by Section 8(a), the Contract Agency shall be responsible for retakmg custody of a prisoner at the County �ail and for transporting the prisoner 9. TRANSFER OF CUSTODY: (a) Commencement of Custodv by Countv Custody of a Contract Agency Prisoner shall be deemed transferred to the County when officers from the Kitsap County Sheriff's Office take physical control of the prisoner The County wdl not take such control of a prisoner untd 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 Contractmg Agency or its agent if the County requests additional information regarding a particular prisoner, then the parties shall mutually cooperate to obtain such mformation Absent compliance with existing policies, the County shall not be required to take custody of or assume control of or responsibdity for any property of the prisoner except as set forth in Section 4 above The Contract Agency's officers, when transporting a prisoner to the �ail shall be responsible for ensurmg that all paperwork is in order and that all property allowed to be transported with the prisoner is properly packaged The County wdl not take physical control and assume custody of a prisoner to be confined unless all paperwork and property of the prisoner are m order Upon presentation of an individual for confinement, or as soon thereafter as is practicable, the Contract Agency shall advise the staff of the County �ail 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 responsibdity to ensure that said individuals are legally detamable The Contract Agency shall hold the County harmless as set forth in Section 19 for any claim or action resulting from the detention of an individual wrongly presented by the Contract Agency for detention When custody of a Contract Agency Prisoner is transferred to the County, the Contract Agency Prisoner shall be sub�ect to all applicable rules, regulation and standards governing operation of the County �ail, includmg Page 5 of 11 any emergency security rules imposed by the �ad administrator or Sheriff Any Contract Agency police officer delivermg a prisoner to the County �ail shall comply with reasonable rules and regulations of the Counry �ad (b) Further Transfer of Custodv Except as otherwise allowed by Section 12 of this Agreement, the County wtll 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 �urisdiction (c) Resqonsibdities upon Assumption of Custodv 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 sennces and supplies in accordance with Section 7 of this Agreement (d) Resumption of Custody by Contracting 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 10. RIGHT TO REFUSE PRISONER: The County shall have the right to refuse to accept any Contract Agency Prisoner who appears m need of medical, mental health or dental attention, untd the Contract Agency has provided medical, mental health or dental treatment to the prisoner to the satisfaction of the County 11. RELEASE, HOLDS AND COURT APPEARANCES: In order to appear before a court of the Contract Agency usmg video court, there must be an active hold in place that is continuously mamtained from the time the charge is initially added to the prisoner's booking If the court of the Contract Agency has no hold, or releases its hold on a charge for a prisoner who is still incarcerated at the �ad, the �ail wdl no longer allow video court appearances to occur between the prisoner and the court for that charge If a Contract Agency court orders that the prisoner appear without a �ad hold, it is the responsibility of the Contract Agency to facilitate movement of the inmate for court appearances outside of the �ad Notwithstanding the above, an appearance before a court of the Contract Agency using video court may be held when there is no active hold in place under the following circumstances (a) when morning video arraignments/hearings are contmued to an agreed upon date by the parties involved due to time restrictions for the hearmgs imposed by the �ad, (b) when an inmate wdl miss a mandatory murncipal court hearing due to his or her mcarceration on a non-related matter, or (c) at any other time and for any other reason with the prior approval of the County 12. REMOVAL FROM JAIL - OTHER GROUNDS: Contract Agency Prisoners may be removed from the County �ad for the following reason(s) (a) Request by Contract Aqencv Upon written request by a supervisory member of the Contract Agency for transfer of custody back to the Contract Agency (b) Court Order By order of a court having �urisdiction over the Contract Agency Prisoner In such case, transport, if any, wdl be pursuant to Section 8 above (c) Treatment Outside of Jail For medical, mental health, dental treatment or any other care not available withm the County �ad Page 6 of 11 (d) Catastrophe In the event of any catastrophic condition occurrmg that poses eminent danger to the safety of the prisoner(s) or personnel of the County, the decision to remove prisoners wdl be at the sole discretion of the County In such cases, the County wdl mform 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 safekeepmg and custody of such prisoner(s) 13. TRANSFER OF PRISONERS UPON TERMINATIOWEXPIRATION OF AGREEMENT: (a) Termination by County In the event this Agreement expires or is terminated by a notice of termination from the County m accordance with Section 23 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) Termmation bv Contract Aaency In the event this Agreement expires or is terminated by a notice of termmation from the Contract Agency m accordance with Section 23 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 14. PRISONER RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early 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 Contract Agency 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 �ad With respect to Contract Agency Prisoners, the County shall mamtain and manage disciplmary issues and wdl admmister sanctions, including removal of earned early release credit, pursuant to facility rules No disciplme prohibited by federal or state law wdl be permitted The disciplinary policies and rules of the County �ad will apply equally to Contract Agency Prisoner confined pursuant to this Agreement as applied to other prisoners confined to the Jad (b) Prisoner Accounts The County shall establish and maintain an account for each Contract Agency Prisoner 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 debitmg such accounts in accurate amounts for items purchased by the prisoner for personal needs (c) Proqrams The County shall provide Contract Agency Prisoners with access to all educational, recreational and social service programs offered at the County �ad under the terms and conditions applicable to all other prisoners at the �ail (d) Serve Time Outside of Facditv Contract Agency Prisoners, if deemed eligible, wdl be allowed to leave the �ad for participation in correctional work crews, or any other program m which other prisoners sometimes are allowed to leave the physical confines of the �ail as part of serving their sentence 15 ACCESS TO FACILITY AND PRISONERS: (a) Access to Facditv The Contract Agency shall have the right to mspect, at mutually agreeable times, the County �ad in order to confirm such �ad mamtams standards acceptable to the Contract Agency and that its prisoners are treated appropriately The County agrees to manage, maintain and operate its facdities 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 �ail Contract Agency officers shall be afforded equal priority for use of �ail mterview rooms Page 7 of 11 16. ESCAPES AND DEATHS: (a) Escapes In the event of an escape by a Contract Agency Prisoner from the County �ad, the Contract Agency wdl be notified as soon as practical The County wdl have the primary authority to direct the mvestigation and to pursue the prisoner within its �urisdiction Any costs related to the investigation and pursuit within its �urisdiction wdl be the responsibdity of the Counry The County wdl not be required to pursue and return the Contract Agenc�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 �atl, the Contract Agency shall be promptly notified in writing Kitsap County Sheriff's Office will mvestigate 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, sub�ect to the authority of the Kitsap County Coroner, follow the written instructions of the Contract Agency regarding the disposition of the body Such written mstructions 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 responsibdity 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 liabdity of any relative or other person for the disposition of the deceased or any expenses connected therewith Notwithstanding the above, all expenses related to the death of a Contract Agency Prisoner m the Counry �ail resulting from physical in�uries incurred while under the care, custody and control of the County shall be the responsibility of the County 17. POSTING OF BAIL: The County shall serve as agent for the Contract Agency in receipt of any bad 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 18. RECORD KEEPING. The County agrees to maintam a system of record keepmg relative to the booking and confinement of each Contract Agency Prisoner 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 19. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE: (a) The Contract Agency agrees to defend, indemnify and hold harmless the County, its appomted and elected officials, employees and agents from and agamst all liabdity, loss, cost, damage and expense, includmg costs and attorneys fees m defense thereof because of actions, claims or lawsuits allegmg damages sustamed by any person or property including death at any time resulting thereof, arising from or alleged to have arisen from ' (1) the Contract Agenc�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, Page 8 of 11 (2) wrongful detention of a Contract Agency Prisoner as a result of the Contract Agency's actions, (3) fadure or refusal to timely release a Contract Agency Prisoner as a result of the Contract Agenc�s actions P To the extent the claim, damages, losses and expenses are caused by mtentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agenc�s indemnification obligation hereunder shall be limited to the Contract Agency's proportionate share of liabdity as agreed to by the parties to this Agreement or determined by a court of competent �urisdiction (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 m defense thereof because of actions, claims or lawsuits allegmg damages sustained by any person or property mcluding death at any time resulting thereof, arismg from, or alleged to have arisen from (1) the Count�s pertormance 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) the County's fadure 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 Count�s indemnification obligation hereunder shall be limited to the County's proportionate share of liabdity as agreed to by the parties to this Agreement or determined by a court of competent �urisdiction Solely for the purposes of this indemnification provision, Contract Agency expressly waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually agreed by the parties (c) Insurance Reauirement The County and the Contract Agency shall maintam and provide evidence of habdity coverage The terms of Section 19, INDEMNIFICATION, HOLD HARMLESS AND INSURANCE shall survive the termination or expiration of this Agreement 20. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discrimmate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap 21. 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 prov�sions 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 Page 9 of 11 �ointly 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 22. DURATION: The initial term of this Agreement shall be effective from January 1, 2013 through December 31, 2013 unless another date is substituted pursuant to Section 26, or the agreement is terminated earlier pursuant to Section 23 Nothmg in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County 23. TERMINATION: This Agreement may be terminated for the convenience of either party pnor to expiration by written notice from such party delivered by regular mad to the designated representative at the address set forth herem Termmation by said notice shall become effective one hundred twenty (120) days after receipt of such notice For the information of the other party, but not as a condition affecting the effectiveness of the notice, the notice shall set forth the reason the party has decided to terminate the Agreement and the specific plan for accommodating Contractmg Agency Prisoners to be affected, if any 24. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writmg by an authorized representative of the party to be bound thereby Fadure 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 bdling or continued performance, after notice of a deficiency in performance, constitutes acquiescence thereto 25. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are famdiar 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 34180(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 possess The parties further agree that such level of compensat�on and all other issues related to the purpose of this Agreement wdl only be as agreed to herein or as otherwise agreed to in a writing executed by the parties 26. MODIFICATION• This Agreement may only be modified by written instrument signed by both Parties 27. GOVERNING LAWNENUE: The parties hereto agree that, except where expressly otherwise prowded, 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 m 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 28. 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 includmg responsibdity for any federal or state tax, �ndustrial msurance or Social Security liabdity No provision of services under this Agreement shall give rise to any claim of career service or civd service right, which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation Page 10 of 1 I 29. SEVERABILITY: If any provision of this contract shal( be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then contmue to serve the purposes and ob�ectives of both parties DATED this ��day of I���rL , 201-3 DATED this /g I � day of r , 2013 CITY OF BREMERTON � � Patty Lent Mayor � COMtij� O . '' T E'' • s'�, KITSAP COUNTY SHERIFF'S OFFICE Ned Newlin Chief of Corrections BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON S (,3��3 �/ �--�'1.��..1 . OSH BROWN, Chair ���l�Zr , CHARLO E GA RIDO, Commissioner O:'� �it�'.�p , Q: '2 ; CS s � i t�1 � m � ' BERT GEL �k':�Z c�: �* � �:T sy `�q P r.ov� ST � Shannon L Corin, City Clerk ATTEST .�I� / 1, �G..`�_l�i �. �. - . :.. • Page 11 of 11