HomeMy WebLinkAboutORIG, AMEND NO.1, AMEND NO. 2AGENDA BILL
CITY OF BREMERTON 71
CITY COUNCIL
SUBJECT: Agreement with Kitsap County Study Session Date: December 13, 2017
for Incarceration of City Prisoners COUNCIL MEETING Date: December 20, 2017
Department: City Attorney's Office
Presenter: Dave Boynton
Phone: (360) 473-5260
SUMMARY: The City of Bremerton and Kitsap County desire to re-enter into a new agreement for
Incarceration of Prisoners. The current agreement; expires December 31, 2017, and the new
agreement is for a one-year term commencing on January 1, 2018.
ATTACHMENTS: Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners
FISCAL IMPACTS (Include Budgeted Amount): Budgeted in the 2018 Budget
STUDY SESSION AGENDA: N No Presentation ❑ Full Presentation
STUDY SESSION ACTION: N Consent Agenda;, ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve the, Agreement with Kitsap County for Incarceration of
City Prisoners; and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: [Approve
Form Updated 01/07/15
❑ Deny ❑ Table ❑ Continue ❑ No Action
KC -231-17
KITSAP COUNTYXITY 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, Port Orchard,
Washington, 98366 (the County) and the CITY OF BREMERTON (the Contract
Agency), having its principal offices at 345 6th Street, Bremerton, Washington 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, 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 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 the Contract Agency until the
following occur:
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(a) expiration of the term of confinement as indicated in a Warrant or Order of
Commitment or as a result of an Order of Release, or is placed on electronic
monitoring or similar program as approved by the court; 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 suchperson held under probable cause without
judicial process; or
(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 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
Mark Rufener, Chief of Corrections
614 Division Street, MS -33
Port Orchard, WA 98366
Phone: 360-337-7107
mrufener@co.kitsap.wa.us
Contract Agency: City of Bremerton
Dave Boynton, Warrant Officer - EHD
550 Park Avenue
Bremerton, WA`98337
Phone: 360-473-5465
dave.bovntonCa�ci.bremerton.wa.us
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 Contract
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 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.
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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 in volume. Any personal'belongings exceeding this amount will
require County approval prior to acceptance and storage.
5. DEFINITIONS:
"Contract Agency Prisoner' as used in this Agreement shall mean a person arrested by
Contract Agency officers and held and confined in the Kitsap County Jail, 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, gross misdemeanor, or felony (see
RCW 70.48.400). 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. Non -contracting agencies will not be factored when calculating "split
billing"
"Bed—Day" shall mean a consecutive 24-hour period that a Contract Agency Prisoner is
in custody at the county jail, including a prisoner's booking into the county jail.
"Shared Bed -Day" shall refer to the circumstance when a Contract Agency Prisoner is
held in custody at Kitsap County Jail pursuant to this Agreement at the same time the
prisoner is being held by another Contract Agency and/or the County including periods
of time less than 24 hours. Non -contract agencies will not be factored when calculating
"shared bed' -days."
"Split Billing" shall occur 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. Non -contracting agencies will not be factored when calculating "Split
Billing".
6. COMPENSATION FROM CONTRACT AGENCY:
(a) Base, Rate for Housing. In return for the County's housing of a Contract Agency
Prisoner, the Contract Agency shall pay the County 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 housing rate will be fifty dollars ($50) for
prisoners who are in the facility for less than twelve (12) hours. For prisoners who are
in the facility for twelve (12) hours or more, the rate will be ninety-one dollars and six
cents ($91.06) for every 24-hour period, or' portion thereof, that said prisoner is in the
custody of the County. "Split Billing" as defined in Section 5 above will be apportioned
as appropriate.
(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
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Page 3
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 filing in the appropriate court of limited jurisdiction.
(c) Billin : The County will bill the Contract Agency on or about the 30th 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.
(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 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 jail. The County contracts with
a correctional care vendor for in-house medical and mental health care in the jail. The
costs of these services are included in determining the above -stated daily per diem
rates charged to the Contract Agency.
(b) Cost Responsibility — Outside Medical Costs. Outside Medical costs are any and
all expenses incurred for necessary medical care of a Contract Agency Prisoner,
excluding the in-house professional medical services provided for under Section 7(a)
above. 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 medical costs and treatment, Contract Agency Prisoners are defined as all
arrestees who are pre -conviction and post -conviction misdemeanants, and pre -
conviction felons. The Contract Agency shall also be responsible for its proportion of all
costs associated with the delivery of medical, mental health, and dental services
provided to a Contract Agency 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.
Prisoners arrested and confined on warrants issued in Kitsap County shall be the
responsibility of the originating agency. Medical costs and treatment for prisoners
arrested by Contract Agency officers on extraditable warrants issued by agencies
outside Kitsap County will be the responsibility of Kitsap County.
(c) Emergency, Non -emergent and Non -hospital Care outside the Jail - Notification.
For emergency care, the County will notify the Contract Agency within four (4) business
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i
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 jail, the County will notify the Contract
Agency before noon on the next business day. In either case, the Contract Agency will
be notified as follows:
Pre -Trial
• During business 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)
est -Conviction Misdemeanants and/or Pre-Convictio
• Dave Boynton at dave.boyntono_ci.bremerton.wa.us
(d) Pre -Confinement Consents or Refusals. If a Contract Agency Prisoner has
received or defused any medical, mental health 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 edical 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, mental health 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
Washington State Department of Social and Health Services, from the prisoner, or any
other responsible third party.
8. TRANSPORTATION OF CONTRACT AGENCY PRISONERS:
(a) Transports. The Contract Agency shall provide or arrange for transportation of
its prisoners to and from the 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 County jail.
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(b) Transports with Costs. The Contract Agency shall be responsible for
transportation of all its prisoners to the County jail for initial booking. When the
Contract Agency has its own Court, then the Contract Agency shall be responsible for
transportation of all its prisoners from the jail 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 plus $40.00 per hour
for the cost of personnel.
(c) Contract Agency Transports. 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 County jail and for transporting the prisoner.
9. TRANSFER OF CUSTODY:
(a) Commencement of Custody by County. Custody of a Contract Agency Prisoner
shall be deemed transferred to the County 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.1 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
except as set forth in Section 4 above. 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,J the Contract Agency shall advise the staff of the 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 ensure that said individuals are legally detainable. 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.
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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 Custody. Except as otherwise allowed by Section 12 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 anId 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 hospitall services and supplies in accordance with Section 7 of this Agreement.
(d) Resumption of Custody by Contracting Agency. 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 in need of medical, mental health or dental attention, until 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:
Additions tolthe 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
unless it is in conjunction with a correlating criminal matter.
For any book and release on a new charge or warrant arrest, the County shall
make reasoInable 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 post the promise to
appear on the County's authorized website for review by the Bremerton
Municipal Court.
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Page 7
12. REMOVAL FROM JAIL - OTHER GROUNDS:
Contract Agency Prisoners may be removed from the County jail for the following
reason(s):
(a) Request by Contract Agency. 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 the Contract Agency
Prisoner. In such case, transport, if any, will be pursuant to Section 8 above.
(c) Treatrhent Outside of Jail. For medical, mental health, dental treatment or any
other care not available within the County jail.
(d) Catastrophe. In the event of any catastrophic condition occurring that poses
eminent danger to the safety of the prisoner(s) or personnel of the County, the decision
to remove prisoners will be at the sole discrIetion of the County. In such cases, 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).
13. TRANSFER OF PRISONERS UPON TERMINATION/EXPIRATION OF
AGREEMENT:
(a) Termination by County. In the event this Agreement expires or is terminated by
a notice of termination from the County in 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) Termination by Contract Agency. In 'the event this Agreement expires, or is
terminated by a notice of termination from the Contract Agency in accordance with
Section 23 below, it shall be the Contract Agency's obligation to transport the Contract
Agency's Prii overs 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 tinder the policies and rules prescribed
by the County and state law for all prisoners at the County jail. With respect to Contract
Agency 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
disciplinarypolicies and rules of the County jail will apply equally to Contract Agency
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Prisoner. 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
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 debiting such accounts in accurate amounts for
items purchased by the prisoner for personal needs.
(c) Programs. The County shall provide Contract Agency 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 Facility. Contract Agency 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.
15. ACCESS TO FACILITY AND PRISONERS:
(a) Access to Facility. The 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 Wand 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.
16. ESCAPES AND DEATHS:
(a) Escapes. In the event of an escape by a Contract Agency Prisoner from the
County jail, the Contract Agency will be notified 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)
(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
Sheriffs Office will investigate the circumstances. The Contract Agency
may join in the investigation and receive copies of all records and
documents from the investigation.
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(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. Notwithstanding the above, all
expenses related to the death of a Contract Agency Prisoner in the
County jail resulting from physical injuries 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 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.
18. RECORD KEEPING:
The County agrees to maintain a system of record keeping 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 i ppointed 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; and
(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
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Page 10
i
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 (
Agency, its
liability, loss
including co
lawsuits aIle
time resultin
(1)
(2)
(3)
To the extei
of or by the
employees,
County's pry
determined
ounty agrees to defend, indemnify and hold harmless the Contract
ppointed and elected officials, employees and agents from and against all
cost, including but not limited to medical cost, damage and expense
is and attorneys fees in defense thereof because of actions, claims or
ling damages sustained by any person or property including death at any
I thereof, arising from, or alleged to have arisen from:
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;
wrongful detention of a Contract Agency Prisoner as a result of the
County's actions; and
the County's failure or refusal to timely release a Contract Agency
Prisoner.
the claim, damages, losses and expenses are caused by intentional acts
mcurrent negligence of the Contract Agency, its officers, agents, or
ie County's indemnification obligation hereunder shall be limited to the
ortionate share of liability as agreed to by the parties to this Agreement or
a court of competent jurisdiction.
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 Requirement: 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.
20. NON-DISCRIMINATION POLICY:
The County and the Contract Agency agree not to discriminate in the performance of
this Agreenj ent because of race, color, national origin, sex, sexual orientation, age,
religion, creed, marital status, disabled or 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 provisions of RCW 39.34.030, the
Kitsap County Sheriff shall be responsible for administering the confinement of
I
KC -231-17
j Page 11
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.
22. DU
The initial term of this Agreement shall be effective from January 1, 2018 through
December 31, 2018 unless another date is substituted pursuant to Section 26, or the
agreement is terminated earlier pursuant to
Section 23. Nothing 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 prior to
expiration by written notice from such party delivered by regular mail to the designated
representative at the address set forth herein. Termination 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 niotice shall set forth the reason the party has decided to terminate the
Agreement and the specific plan for accommodating Contracting 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 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.
26. 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 possess. 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
writing executed by the parties.
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Page 12
26. MODIFICATION:
This Agreement may only be modified by written instrument signed by both Parties.
27. GOVERNING LAW/VENUE:
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 insiurance 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.
Signatures appear on the next page.
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Page 13
DATED this U# day of�_ , 2017 DA'
CITY OF BREMERTON
Patty Lent, a r Ga
ATTEST:
a,
Shannon L. Corin, City Clerk
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COUNTX SHERIFF
Board of -Commissioners
Kitsap County, Washington
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Rob Gelder,
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Edward E. Wolfe, Commissioner
Charlotte Garrido, Commissioner
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Dana Daniels, Clerk of the Board
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KC -231-17
Page 14
Xr[W3i6F11-11
FIRST AMENDMENT
KITSAP COUNTYICITY OF BREMERTON AGREEMENT FOR
INCARCERATION OF CITY PRISONERS
-This First Amendment to the Kitsap County/City of Bremerton Agreement for
incarceration of City Prisoners ("Amendment") is made between Kitsap County,
("County"), and the City of Bremerton, a Washington state municipal corporation
("Contract Agency").
In consideration of the mutual benefits and covenants contained herein, the parties agree
that Kitsap County Contract No. KC -231-17 ("Agreement"), shall be amended as follows:
1. Subsection 6 (a) (Base Rate for House) is amended and replaced with the following:
Base Rate for Housin . In return for the County's housing of a Contract Agency
Prisoner, the Contract Agency shall pay the County 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. For prisoners who are in the facility for
twelve (12) hours or more, the daily housing rate will be ninety-seven dollars and
eighty cents ($97.80) for every 24-hour period, or portion thereof, that said prisoner is
in the custody of the County. For prisoners who are in the facility forless than twelve
(12) hours, the housing rate shall be one-half the daily housing rate, forty-eight dollars
and ninety cents ($48.90). "Split Billing„ as defined in Section' 5 above will be
apportioned as appropriate.
2. Subsection 6 (c) (Billing) is amended and replaced with the following:
The County will bill the Contract Agency on or about the 30th 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 with the exception of the
year-end invoice for the month of December. December's invoice will be billed at the
average cost of the Contract Agency's usage for the months of January through
November. Once the December invoice has been finalized, it will be adjusted
accordingly with the previously pro -rated December invoice.
3. Section 22 (Duration) is amended and replaced with the following:
The Agreement shall he effective January 1, 2019 through December 31, 2019, unless
terminated or extended by agreement of the parties. Nothing in this Agreement shall
be construed to make it necessary for the Contract Agency to continuously house
prisoners with the County.
4. Effective Date. The effective date of this Amendment is January 1, 2019.
6. Insurance. If this Amendment extends the expiration date of the Agreement, then the
Contractor shall provide an updated certificate of insurance and endorsement
evidencing that any required insurance coverages are in effect through the new
contract expiration date. The Contractor shall submit the certificate of insurance to:
Kitsap County Risk Management Division, 614 Division Street, MS -7, Port Orchard,
Washington 98366.
6. Terms Unchanged. Except as expressly provided in this Amendment, all other terms
and conditions of the Agreement, and any subsequent amendments, addenda, or
modifications thereto remain in full force and effect.
7. Counterparts. This Amendment may be executed in several counterparts, each of
which will be deemed an original, but all of which together will constitution one and the
same agreement.
8. Authorizations. The signatories to this Amendment represent that they have been
appropriately authorized to enter into this Amendment on behalf of the Party for whom
they sign, and that no further action or approvals are necessary before execution of
this Amendment.
[Signatures on next page]
2
DATED this 20"a day of YA 0 ,2019
day of 2019
DATED this
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Gr heeler, Mayor Ga
DATED this day of _daLs,,*
2019
090g."a4O.
EDWARD E. WO—LFE, Chair
ROBERT GEL ER, Commissioner
Daniels, Clerk of the B
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'�A
AGENDA BILL
CITY OF BREMERTON 5LCITYCOUNCIL
SUBJECT: Study Session Date: December 11, 2019
Second Amendment to the Kitsap COUNCIL MEETING Date: December 18, 2019
County/City of Bremerton Agreement for Department: Police
Incarceration of Prisoners Presenter: Randy Plumb
Phone: (360) 473-5974
SUMMARY: The City of Bremerton and Kitsap County entered into an agreement for Incarceration
of Prisoners on January 22, 2018 ("Agreement"). The Agreement was amended on January 28, 2019
to extend the term to December 31, 2019 and make related changes. The proposed second
amendment to the Agreement extends the term of the Agreement one additional year, expiring
December 31, 2020. For calendar year 2020, the City will pay $115.79 per full bed-day.
ATTACHMENTS: Second Amendment to Kitsap County/City of Bremerton Agreement for
Incarceration of City Prisoners.
FISCAL IMPACTS (Include Budgeted Amount): The 2020 Budget was adjusted for the new rate.
STUDY SESSION AGENDA: x Limited Presentation Full Presentation
STUDY SESSION ACTION: x Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Second Amendment to the Kitsap County/City of Bremerton Agreement for
Incarceration of City Prisoners; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: i.4.Approve Deny Table Continue No Action
Form Updated 01/02/2018
KC-231-17-B
SECOND AMENDMENT
KITSAP COUNTY AND CITY OF BREMERTON
AGREEMENT FOR INCARCERATION OF CITY PRISONERS
This Second Amendment to the Kitsap County and City of Bremerton Agreement for
Incarceration of City Prisoners ("Second Amendment") is made between Kitsap County,
a Washington state municipal corporation ("County"), and the City of Bremerton, a
Washington state municipal corporation ("Contract Agency").
In consideration of the mutual benefits and covenants contained herein, the parties agree
that Kitsap County Contract No. KC-231-17 ("Agreement"), shall be amended as follows:
1. Section 3(Contract Representatives) is amended to remove the reference to the name
and email for the contract representative for both parties.
2. Subsection 6 (a) (Base Rate for House) is amended to change the base rate to
$115.79 for each inmate for a 24-hour period, or portion thereof.
is
3. Subsection 7 (c) (Emergency, Non-emergent and Non-hospital Care Outside the Jail
-- Notification) is deleted and replaced with the following:
Emergency. Non-emergent and Non-hospital Care outside the Jail - Notification.
County has an obligation to provide medical care to inmates housed in its facilities.
The County will use its best efforts to notify the Contract Agency when outside
medical care is necessary for inmates. For emergency care, the County will 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 jail, the County will notify the Contract Agency before noon on the
next business day. Notice will be provided by email to the Contract Agency at:
Dave.Boynton@ci.bremerton.wa.us
4. Section 22 (Duration) is amended and replaced with the following:
The Agreement shall be effective January 1, 2020 through December 31, 2020,
unlessterminated or extended by agreement of the parties. Nothing in this
Agreement shall be construed to make it necessary for the Contract Agency to
continuously house prisoners with the County.
5. Effective Date. The effective date of this Second Amendment is January 1, 2020.
I
6. Insurance. If this Second Amendment extends the expiration date of the Agreement,
then the Contract Agency shall provide an updated certificate of insurance and
endorsement evidencing that any required insurance coverages are in effect through
the new contract expiration date_ The Contract Agency shall submit the certificate of
insurance to: Kitsap County Risk Management Division, 614 Division Street, MS-7,
Port Orchard, Washington 98366.
7. Terms Unchanged. Except as expressly provided in this Second Amendment, all other
terms and conditions of the Agreement, and any subsequent amendments, addenda,
or modifications thereto remain in full force and effect,
8. Counterparts. This Second Amendment may be executed in several counterparts,
•
each of which will be deemed an original, but all of which together will constitution one
and the same agreement.
9. Authorizations. The signatories to this Second Amendment represent that they have
been appropriately authorized to enter into this Second Amendment on behalf of the
Party for whom they sign, and that no further action or approvals are necessary before
its execution.
(Signatures on next page)
•
•
2
DATED this "=dit
4. ,---dayay of ' er1 -r;2019 DATED this day of , 2019
1
CITY OF BREMERTON KITS• P COUNTY SHERIFF'S OFFICE
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Greg eeler, Mayor Ga H aprth=riff p
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
DATED this V3 day of'SJy 2020
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CHARL•TTEGAR'IDO, Chair
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ROBERT ELDE" Commissioner
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ED ARD E. WOLFE 1 ornmissioner
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l,a� .,�•�ATTEST:
; HdNC?KSana Daniels, Clerk of the Board
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