HomeMy WebLinkAbout4912 Contract Number: 4912
Vendor: KITSAP CO SHERIFF CORRECTIONS DIVISION
Subject: Incarceration of Prisoners KC- 136 -10
Department: Police
File Class: LEG 12 -1
Begin Date: 1/1/2010
End Date: 12/31/2012
Review Date: 9/1/2012
Vault Date: 2015
Comments: Signed 4/16/10 - Amendment KC- 136 -10 -A Nove 2010;
Amendment KC- 136 -10 -B 12/3/12 — C_ C LOSED 6/_1/_13 --j
e �
KC- 136 -10 -B
AMENDMENT TO
KITSAP COUNTY /CITY OF BREMERTON
AGREEMENT FOR INCARCERATION OF PRISONERS
WHEREAS, on April 16, 2010, 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- 136 -10) to provide incarceration of the Contract Agency's prisoners,
and
WHEREAS, on November 10, 2010, the Contract Agency and the County entered into an
Amendment (KC- 136 -10 -A) to the above Agreement, and
WHEREAS, the City and the County desire to enter into an Amendment of KC- 136 -10 =A to further
clarify the intention of the parties, J
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) Base Rate for Housing;
(1) For Calendar Year 2011 In return for the County's housing of a Contract Agency
Prisoner, the Contract Agency shall pay the County $550,500 00 in the calendar year 2011 for a total
of 8000 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, a prisoner is in the custody of the County, as
outlined under Section 6, subsection (e) Shared Cost 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 The daily rate for housing of
additional prisoners beyond the Annual Bed Bank shall be $69 44 per full bed -day, or prorated for
any portion thereof
(2) For Calendar Year 2012 In return for the County's housing of a Contract Agency
Prisoner, the Contract Agency shall pay the County $573,276 00 in the calendar year 2012 for a total
of 8000 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, a prisoner is in the custody of the County, as
outlined under Section 6, subsection (e) Shared Cost 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 The daily rate for housing of
additional prisoners beyond the Annual Bed Bank shall be $7166 per full bed -day, or prorated for
any portion thereof
Amendment to Agreement for Incarceration of City Prisoners
KC 136 -10 -B
Page 1 of 2
All other terms of the Agreement not specifically amended herein shall remain in full force and
effect
CITY OF BREMERTON KITSAP COUNTY SHERIFF'S OFFICE.
Patty L nt, ayor Ned Newlin, ief of orrections
DATE 9 Zro -" l DATE
BOARD OF COUNTY COMMISSIONERS
KITS OUNT WASHINGTON.
COMf iZ - 12
• ' p,T E O S' Robert elder, hair
C O
d: .m
O - • z J sh Commissioner
�OT ' PPG—'S.&U - r
NINO. ��
AP co Charlotte Garrido, Commissioner
ATTEST
ana Daniels, Clerk of the Board
AT T
Shannon I Conn, City Clerk
APPROVED AS TO FORM
GER LUBOVICH, City Attorney
Amendment to Agreement for Incarceration of City Prisoners
KC 136 -10-B
Page 2of2
I
I�
Contract Number: 4912
Vendor: KITSAP CO SHERIFF CORRECTIONS DIVISION
Subject: Incarceration of Prisoners _
Department: Police
File Class: LEG 12 -1
Begin Date: 1/1/2010
End Date: 12/31/2012
Review Date: 9/1/2012
Vault Date:
Comments: Signed 4/16/10 - Amendment #1 November 2010
KC- 136 -10 -A
AMENDMENT TO
KITSAP COUNTY /CITY OF BREMERTON
AGREEMENT FOR INCARCERATION OF PRISONERS
WHEREAS, on April 16, 2010, 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 to provide incarceration of the Contract Agency's prisoners; and
WHEREAS, the Base Rate for Housing is $550,000.00 in the calendar year 2010 for a total of 8000 bed
days. The daily rate for housing of additional prisoners beyond 8000 bed days is $68.75; and
WHEREAS, the parties desire to amend the Agreement to adjust the Base Rate for Housing in the
calendar year of 2010 to $520,000.00; adjust the total bed days to 7,450 and the daily rate for housing
beyond 7,450 bed days to $69.80;
NOW THEREFORE, for mutual consideration, the Contract Agency and County agree as follows:
Section 6 of the Agreement is hereby amended to read as follows:
(a) Base Rate for Housing. In return for the County's housing of a Contract Agency
Prisoner, the Contract Agency shall pay the County $520,000.00 in the calendar year
2010 for a total of 7450 Bed Days (also refereed 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, a prisoner is in the custody of the County, as outlined under subsection (e) (Split
Billing) 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 $69.80 per full bed -day, or prorated for any
portion thereof.
On January 1 st of each year 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 for that period from June to June (June 2009
to June 2010 for 2011 contract year, June 2010 to June 2011 for 2012 contract year) as is
specified by the Bureau of Labor Statistics, United States Department of Labor; provided,
however, the COLA increase shall not be less than one percent (1 %) nor more than five percent
(5 %).
All other terms of the Agreement not specifically amended herein shall remain in full, force and effect.
Amendment to Agreement for Incarceration of City Prisoners
CITY OF BREMERTON KITSAP COUNTY SHERIFF'S OFFICE.
Patty Lent, yor By: Ned Newli
Its: Chief of Corrections
DATE: �'� DATE:
T . , BOARD OF COUNTY COMMISSIONERS
G E�
KITSAP COUNTY, WASHINGTON.
QOGj'� P O ff •. • / ® - •?,.emu- �,,,�,
Q : m osh Brown, Chair
co
Ss. NI.� ��-
Steve B uer, Commissioner
qp
Charlotte Garrido, Commissioner
ATTEST: v/ o
Opal ertson,
Clerk of the Board
ATTEST:
L
Carol Et n, City Cler
APPRO ORM:
o�
ER L VICH, City Attorney
R:\ Legal \L.egal \Contracts\Police\Kitsap Jail Agreement Amendment (2010).doc
Amendment to Agreement for Incarceration of City Prisoners
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
4 912
KC - SHERIFFS
Incarceration of Prisoners
Police
LEG 12
01/Ol/2010
12/31/2012
09/02/2012
Comments: Signed 04/16/2010
KC-136-10
KITSAP COUNTY/CITY OF BREMERTON
AGREEIVIENT 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, (the Contract Agency) having its principal offices at 345 6 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 Countyjail 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;
W HEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another
public agency to pertorm 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 Sheriff's Office, Corrections Division, 614 Division Street, Port
Orchard, Washington 98366.
2. DETENTION/INCARCERATION
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 1 of 10
(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 18 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
Chief of Police
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 9 and 10 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. However, County agrees to notify the Contract Agency
prior to any potential action by the County resulting in a change of intake standards. County further agrees to
cooperate to the greatest extent possible with the Contract Agency to ensure Contract Agency's ability to
incarcerate its prisoners at the county facility.
5. DEFINITIONS:
"Contract Agency Prisoner" as used in this Agreement shall mean a person arrested by the Contract Agency
officers and held and confined in the County Corrections Facility, or otherwise held in detention as provided in
this agreement pursuant to a violation of a Contract Agency ordinance or a violation of a state law or
ordinance which designates the crime for which the person is held to be a misdemeanor or gross
misdemeanor. A prisoner arrested on a warrant issued by another jurisdiction within Kitsap County or for
charges initiated by a non-Contract Agency officer, shall be the responsibility of the originating agency.
Arrests made by Contract Agency officers on extraditable warrants issued by agencies outside Kitsap County
will be considered County Prisoners.
"Bed —Da�' shall mean a consecutive 24-hour period that a Contract Agency prisoner is in custody at the
countyjail, including a prisoner's booking into the county jail.
Page 2 of 10
"Shared Bed-Day' shall refer to the circumstance when a Contract Agency prisoner is held in custody
pursuant to this agreement at the same time, including periods of time less than 24 hours, the prisoner is
being held by another jurisdiction in the County facility.
"Shared Cost" In the event of a shared bed day, the bed day shall be apportioned on an equal basis between
the respective jurisdictions having custody of the prisoner. For example, if the Contract Agency and the
County and another jurisdiction have custody of a prisoner at the same time during any 24 hour period (bed-
day), then each respective jurisdiction would be responsible for a 33 1/3% share of the bed-day.
"Fractionalized Bed-Day" In the event a Contract Agency prisoner is not held in custody for a full bed-day, the
Contract Agency shall be assessed according 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. In the
event the prisoner is held for 18 hours or less, the City shall only be assessed for a'/z bed-day. For stays
over 18 hours, the Contract Agency shall be assessed a full bed-day. A fractionalized bed-day may still be
considered a shared bed-day if two or more jurisdictions have custody of a prisoner at the County facility at
the same time.
6. COMPENSATION FROM CONTRACT AGENCY:
(a) Base Rate for HousinQ. In return for the County's housing of a Contract Agency Prisoner, the Contract
Agency shall pay the County $550,000.00 in the calendar year 2010 for a total of 8000 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, a prisoner is in the custody of the County, as outlined under subsection (e) (Split
Billing) 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 $68.75 per full bed-day, or pro-
rated for any portion thereof.
On January 1 st of each year 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 for that period from June to June (June 2009 to June 2010 for 2011 contract
year, June 2010 to June 2011 for 2012 contract year) as is specified by the Bureau of Labor Statistics, United
States Department of Labor; provided, however, the COLA increase shall not be less than one percent (1 %)
nor more than five percent (5%).
(b) Determination of Case Status. The Kitsap County Prosecuting Attorney shall have the sole authority to
determine 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 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. However, Bed-days shall not begin to be charged to the Contract
Agency until the Kitsap County Prosecuting Attorney has declined to charge the felony case and referred the
case back to the Contract Agency. 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) 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 7.
(d) Billinq. The County will bill the Contracting Agency on or about 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 3 of 10
(e) Shared Cost Whenever finro or more agencies have holds pending before those courts for an inmate
incarcerated at the jail, the "Annual Bed Bank" shall be reduced proportionally to reflect either a shared bed
day and/or a fractionalized bed day.
7. 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 policies and rules of the County jail. The County contracts with
ConMed Healthcare, Inc.for in-house medical and mental health care in the jail. The costs of these services
are included in determining the daily per diem rates charged to the Contract Agency.
(b) Cost Responsibility. Outside Medical costs are expenses incurred for any treatment or procedure outside
of the jail and include prescriptions, any in-patient or out-patient treatment or referral. The Contract Agency
shall be responsible for its proportion of the costs 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-conviction and post conviction misdemeanants and all pre-conviction felons. The Contract
Agency shall also be responsible for its proportion of all costs associated with the delivery of inedical,
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 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. Prisoners arrested and confined on warrants issued in Kitsap
County shall be the responsibility of the originating agency. Outside warrants will be the responsibility of
Kitsap County for medical payments.
(c) Emeraency, Non-emeraent and Non-hospital Care outside the Jail. For emergency care, the County will
notify the Contract Agency within four (4) business hours of transport (Monday through Friday 8 a.m. to 5 p.m.
PST). For non-emergent and non-hospital care outside of the jail, the County will notify the Contract Agency
before noon on the next business day. In either case, the Contract Agency will be notified by calling the
Chief of Police or his or her designee.
(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. The County agrees to share all information, including insurance information,
regarding a Contract Agency inmate, as allowed by law.
(g) No Waiver of Right 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-
Pa�Y• ,
Page 4 of 10
8. 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. The Contract Agency shall be responsible for transportation of all its prisoners to
the jail facilities for initial booking. When the Contract Agency has its own Municipal Court, then the Contract
Agency shall be responsible for transportation of all its prisoners from the jail facilities for all appearances in
the Municipal Court. 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
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 Aqency Transport. The Contract Agency shall provide reasonable notice to the County prior to
transporting a prisoner from the County Jail. Except as limited by Section 8(a), the Contract Agency shall be
responsible for retaking custody of a prisoner at the Countyjail and for transporting the prisoner.
9. TRANSFER OF CUSTODY:
(a) Commencement of Custody by Countv. Custody of a Contract Agency's prisoner to the County shall be
deemed transferred when officers from the Kitsap County Sheriff s 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 heid 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 18 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 subject to all applicable rules, regulation and standards governing operation of the County jail, including
any emergency security rules imposed by the jail administrator or Sheriff. Any Contract Agency police officer
delivering a prisoner to the County jail shall comply with reasonable rules and regulations of the County jail.
(b) Further Transfer of Custodv. Except as otherwise allowed by Section 11 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 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.
Page 5 of 10
During such confinement, the County shall provide and furnish or arrange for all necessary medical and
hospital services and supplies in accordance with Section 7 of this Agreement.
(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.
10. 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 inedical, psychiatric or dental attention, until the Contract Agency has
provided medical, psychiatric or dental treatment to the prisoner to the satisfaction of the County.
11. REMOVAL FROM JAIL - OTHER GROUNDS: The Contract Agency's prisoners may be removed from
the Countyjail for the following reason(s):
(a) Request bv Contract Aqency. 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 jurisdiction over a Contract Agency's prisoner. In such case,
transport, if any, will be pursuant to Section 8 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).
12. 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
22 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. ln the event of a notice of termination from the Contract Agency in
accordance with Section 22 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.
13. 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.
Page 6 of 10
(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.
(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.
14. 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.
15. ESCAPES AND DEATHS:
(a) Escapes. In the event of an escape by a Contract Agency's prisoner from the County jail, in addition to
normal law enforcement procedures, 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 immediately notified. 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. 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.
16. 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 7 of 10
17. RECORD KEEPING:
The County agrees to maintain a system of record 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.
In the event there is a dispute regarding any issues relating to this agreement, the parties contract
representatives or their designees shall first attempt to resolve the dispute. If after 30 days, the issue has not
been able to be resolved, the party who believes is has the grievance shall notify the other party in writing of
the issue. The contract representatives shall then hold a meeting to attempt to resolve the issue.
18. 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 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 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 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) 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
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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 County and the Contract Agency shall maintain and provide evidence of
liability coverage.
The terms of Section 19, INDEMNIFICATION, HOLD HARMLESS AND INSURANCE shall survive the
termination or expiration of this Agreement.
19. 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, sexual orientation, age, religion, creed, marital status, disabled or
Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap.
20. 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.
21. 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, constitutes
acquiescence thereto.
22. 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 one
hundred twenty (120) 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.
23. 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
Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties.
24. DURATION:
This term of this Agreement shall be from January 1, 2010 through December 31, 2012 unless another date
is substituted pursuant to Section 26 or the agreement is terminated earlier pursuant to Section 22. Nothing
in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house
prisoners with the County.
25. MODIFICATION: This Agreement may only be modified by written instrument signed by both Parties.
Page 9 of 10
26. GOVERNING LAWIVENUE:
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.
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 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.
29. SEVERABILITY:
If any provision of this contract shall be held invalid, the remainder of this contract shall not be affected
thereby if such remainder would then continue to serve the purposes and objectives of both parties.
DATED this�,day of �p���, 2010.
DATED this ��'� day of �y��7 , 2010.
CITY OF BREMERTON
�
Patty Lent
Mayor
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A ST:
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Opal Robertson,
Clerk of the Board
KITSAP COUNTY SHERIFF'S OFFICE
Ned Newlin
Chief of Corr
BOARD OF COUNTY COMMISSIONERS
KITSAP OUNTY, WASHINGTON
, �/
J Fi BROW N, Chair
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STEV,�JF�AUER, Commissioner
CHARLOTTE GARRIDCf, Commissioner
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