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HomeMy WebLinkAbout4081 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments KITSAP CO Prisoners Police GOV $ 04/17/2000 12/31/2006 02/15/2008 GL $ AL $ E&O $ Contract Number 4081 CORRECTIONAL & DETENTION FACILITY - Incarceration of File Class LEG 12-1 Insurance Total $ Insurance Review Date $56/Person each 24 hour period of confinement Base Rate notification by 9/30 each year New Contract for 2007 Vault 01/01/2008 KC-298-03-A KITSAP COUNTY/CITY OF BREMERTON ADDENDUM TO CONTRACT FOR INCARCERATION OF CITY PRISONERS - WHEREAS, KITSAP COUNTY, a municipal corporation organized under the laws of the State of Washington (hereinafter referred to as County) and the CITY OF BREMERTON (hereinafter referred to as CITY), have entered into a contract on the 28th day of January, 2004, for the services provided under the contract; and WHEREAS, the COUNTY and CITY desire to enter into an addendum reflecting the intention of both parties; now, therefore, IN CONSIDERATION of the mutual covenants contained herein, it is hereby agreed as follows: Section 23 is amended as follows: Section 23. DURATION The term of this Agreement is for two (2) years commencing on January 1, 2005 and ending on December 31, 2006, unless sooner terminated by the parties as set forth in Section 21. All other terms and conditions of the original Contract and any previous amendments thereto remain in full force and effect. DATED this~t1h,{" day of ~ ,2001(. DATED this ~ day Of";~ .- ,200~. 2EM~ KITSAP COUN S E IFF'S OFFICE ~ Cary Bo::ta'n Mayor J BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, W SHINGTON ~ --.-- "---'---"_.'~- .---"'.--..-.,.-... +--------------------------------------------------------------------------+ , 'Enter Search Criteria, Press Esc Key to Transmit J: " 'Press Del Key to Terminate Delete Mode -- " CHANGE Contract Transactions -- -- Contract Number 4081 -- -- -- = -Vendor Name KITSAP CO CORRECTIONAL & DETENTION FACILITY -- "Subj ect PRISONERS, INCARCERATION OF -- , 'Department POLICE -. = .Sta tUB Code GOV -- -- Amount -- -- Begin Date 04/17/2000 " -- Insurance End Date 12/31/2004 " " Type Amount Review Date 09/01/2004 " -- -- -- -- " .. -- Insurance Total $0.00 ,l., -- Insurance Review Date .. -- -- -- Comments $56/PERSON EACH 24 HOUR PERIOD OF CONFINEMENT .. .. BASE RATE NOTIFICATION BY 9/30 EACH YEAR -- " -- +--------------------------------------------------------------------------+ KC-298-03 KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF CITY PRISONERS THIS AGREEMENT is made and entered into by and between KITSAP COUNTY, a municipal corporation, having its principal offices at 614 Division Street, Port Orchard, Washington, 98366 (the County) and the City of Bremerton, having its principal offices at 239 4th Street, Bremerton, WA 98337 (the Contract Agency). WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons; WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more prisoners lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping prisoners received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform; and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law. AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows: 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services located at the Kitsap County Jail, 614 Division Street Port Orchard, Washington 98366. 2. DETENTION/INCARCERA TION The County shall incarcerate persons received from Contract Agency until the following occur: (a) expiration of the term of confinement as indicated in a Warrant or Order of Commitment; or (b) upon posting of bail; or Page 1 of9 (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 (d) for those held upon probable cause without judicial process upon the passage of two (2) business days; provided, pdor to releasing any person pursuant to this subsection, the County shall attempt to contact the Contract Agency to ascertain the Contract Agency's desire with regard to said person; provided that the Contract Agency shall hold the County harmless as set forth in Section 17 for any claim or action resulting from the detention of an individual wrongly detained at the direction of the Contract Agency. 3. CONTRACT REPRESENTATIVES: All wdtten notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: County: Kitsap County Jail Larry Bertholf, Superintendent of Corrections 614 Division Street MS-33 Port Omhard, WA 98366 Phone: 360-337-7107 Fax: 360-337-5780 Contract Agency: City of Bremerton 239 4th Street Bremerton, WA 98337 Phone: 360-478-5260 Fax: 360-478-5262 4. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain prisoners set forth in Sections 8 and 9 herein, the County will accept and keep prisoners at the request of the Contact Agency, unless the County, in its sole discretion, determines that the jail population is at capacity or so near capacity that there is a dsk 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. $. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate. In return for the County's housing of a pdsoner of the Contract Agency, the Contract Agency shall pay the County fifty-six dollars ($ 56.00) for every 24-hour pedod, or portion thereof, that said prisoner is in the custody of the County commencing on January 1,2004 until December 31, 2004. Such time period shall be measured from the time said pdsoner is transferred to the custody of the County to the time when the Contract Agency resumes custody. For each year thereafter, the County shall provide to Contract Agency a base rate for the succeeding year by September 30 of each year and the Contract Agency shall approve such rate within its Annual Budget. (b) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 6. Page 2 of 9 (c) Billing. The County will bill the Contracting Agency on the 15th day of each month for all amounts due to the County under this Agreement for the services rendered in the pdor 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) Booking Fee. The collection of a booking fee from the Contract Agency's detainees pursuant to RCW 70.48.390 shall be subject to the discretion of the County and should not be collected by the Contracting Agency from the detainee(s). 6. MEDICAL COSTS AND TREATMENT: a) Services Provided. Upon transfer of custody of a pdsoner to the County, the County will provide or arrange for such medical, psychiatric and dental services as may be necessary to safeguard the prisoner's health while confined, in accordance with the provisions of Chapter 289-20 WAC, as now in effect or hereinafter amended, and the policies and rules of the County jail. (b) Cost Responsibility. The Contract Agency shall be responsible for the cost of all medication proscribed for it's prisoners. The Contract Agency shall also be responsible for all costs associated with the delivery of medical, psychiatric and dental services provided to a prisoner that are not available from the health care program within the County jail and for all emergency medical services, wherever provided. These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County. (c) Notice. Except in case of situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's prisoner to a medical, dental or psychiatric provider outside of the County jail or to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency pdsoner 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 pdsoner as required by law. 7. TRANSPORTATION OF CONTRACT PRISONERS: (a) Contract Agency shall provide or arrange for transportation of its prisoners to and from the Kitsap County Jail except when the transportation is determined by County staff to be necessary to secure emergency medical evaluation or treatment, or when transportation is required to support the orderly operation of the Jail. (b) Transport with Costs. For any additional transports by the County required by court order or made at the Contract Agency's request, the Contract Agency shall reimburse the County for all costs associated with such transport. (c) Contract A.qency Transport. The Contract Agency shall provide at least 24 hours written notice to the County pdor to transporting a prisoner from the County Jail. Except as limited by Section 7(a), the Contract Agency shall be responsible for retaking custody of a pdsoner at the County jail and for transporting the pdsoner. Page 3 of 9 8. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. Custody of a Contract Agency's prisoner to the County shall be deemed transferred when officers from the Kitsap County Sheriff's Department take physical control of the prisoner. The County will not take such control of a prisoner until the Contract Agency has delivered copies of all records in its possession pertaining to the prisoner's incarceration by the Contract Agency or its agent, including a copy or summary of the prisoner's medical records if held by the Contracting Agency or its agent. If the County requests additional information regarding a particular prisoner, then the parties shall mutually cooperate to obtain such information. Absent cempliance 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 detainabte and County shall bear no responsibility to insure that said individuals ara legally detainable. The Contract Agency shall hold the County harmless as set forth in Section 17 for any claim or action resulting from the detention of an individual wrongly presented by the Contract Agency for detention. (b) Further Transfer of Custody. Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any prisoner confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from a court of competent jurisdiction. (c) Responsibilities Upon Assumption of Custody. Upon transfer of custody to the County, it shall be the County's responsibility to confine the prisoner; to supervise, discipline and control said prisoner; and to administer the prisoner's sentence pursuant to the order of the committing court in the State of Washington. Dudng such confinement, the County shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 6 of this Agreement. (d) Resumption of Custody by Contractin,q A,qency. The Contract Agency shall be deemed to have resumed custody of a prisoner upon either the County's presentation of such prisoner to the Contracting Agency, or upon the Contract Agency's officers taking physical control of the prisoner. 9. RIGHT TO REFUSE/RETURN PRISONER: (a) Pendin,cl Medical Needs. The County shall have the right to refuse to accept any Contract Agency prisoner who appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the prisoner to the satisfaction of the County. 10. REMOVAL FROM JAIL - OTHER GROUNDS: The Contract Agency's prisoners may be removed from the County jail for the following reason(s): (a) Request by Contract A,qency. Upon written request of the Contract Agency for transfer of custody back to the Contract Agency. (b) Court Order. By order of a court having jurisdiction over a Contract Agency's prisoner. In such case, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 7 above. Page 4 of 9 (c) Tmatmerit Outside of Jail. For medical, psychiatric or dental treatment or cam 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 exemise all reasonable cam for the safekeeping and custody of such prisoner(s). '11. TRANSFER OF PRISONERS UPON TERMINATION/EXPIRATION OF AGREEMENT: (a) Termination by County. In the event of a notice of termination from the County in accordance with Section 21 below, it shall be the County's obligation to transport the Contract Agency's prisoners to the Contract Agency, at no expense to the Contract Agency. (b) Termination by Contract A.qency. In the event of a notice of termination from the Contract Agency in accordance with Section 21 below, it shall be the Contract Agency's obligation to transport the Contract Agency's prisoners at its own expense, on or before the effective date of such termination. 12. PRISONER RIGHTS, ACCOUNTS AND PROGRAMS: (a) 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. 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 roles of the County jail will apply equally to prisoners confined pursuant to this Agreement as applied to other prisoners confined to the Jail. (b) Pdsoner Accounts. The County shall establish and maintain an account for each pdsoner 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 pumhased by the prisoner for personal needs. (c) pmqrams. 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 Facility. The Contract Agency's prisoners, if deemed eligible, will be allowed to leave the jail for participation in correctional wonV, crews, or any other program in which other prisoners sometimes are allowed to leave the physical confines of the jail as part of serving their sentence. 13. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility. 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 ara treated apprepdately. 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 pdority for use of jail interview moms. Page 5 of 9 14. ESCAPES AND DEATHS: (a) Escapes. In the event of an escape by a Contract Agency's pdsoner from the County jail, the Contract Agency will be notified in wdting 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 wilt be the responsibility of the County. The County will not be required to pursue and return the Contract Agency's escaped pdsoner from outside of the County. (b) Deaths. (1) In the event of a death of a Contract Agency pdsoner in the County jail, the Contract Agency shall be promptly notified in writing. Kitsap County Sheriff's Office will investigate the cimumstances. The Contract Agency may join in the investigation and receive copies of all records and documents from the investigation. (2) The County shall, subject to the authority of the Kitsap County Coroner, follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death. All expenses related to necessary preparation of the body and transport cha~ges shall be the responsibility of the Contract Agency. With wdtten consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall be responsible for all such expenses. This paragraph defines the obligations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 15. POSTING OF BAIL: The County shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's pdsoner with the County, and any such bonds or monies will be promptly fo[warded to the proper agency. ~16. 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. 17. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE: (a)The Contract Agency agrees to defend, indemnify and hold harmless the County, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense, including costs and attorneys fees in defense hereof because of ac{ions, 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 per[ormance 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 6 of 9 (2) any actions, claims or lawsuits for damages alleging wrongful detention of a Contract Agency prisoner as a result of the Contract Agency's actions; (3) any actions, claims or lawsuits for damages alleging the Contract Agency's failure or refusal to timely release a Contract Agency prisoner. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officem, 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, adsing from, or alleged to have adsen from: (1) the County's performance under this agreement or any wrongful or negligent acts or omission of the County, its appointed and elected officials, employees and agents; (2) Wrongful detention of a Contract Agency prisoner as a result of the County's actions; (3) County's failure or refusal to timely release a Contract Agency prisoner, To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (c) Insurance Re(]uirement. The Contract Agency shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of prisoners, including general liability, errors and omissions, auto liability and police professional liability. The insurance policy(les) shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (d) Certificate of Insurance. The Contract Agency agrees to provide the County with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance company or pool which is sufficient to address the insurance obligations set forth above. 18. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate in the per[ormance of this Agreement because of race, color, national origin, sex, age, religion, creed, madtal status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. 19. ADMINISTRATIONIDISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Intedocal Cooperation ACt. Pursuant to the provisions of RCW 39.34.030, the Kitsap County Shedff shall be responsible for administering the confinement of prisoners hereunder. No real or personal property will be Page 7 of 9 jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 20. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in wdting by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. 21, TERMINATION: This Agreement may be terminated pdor to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herein. Termination by said notice shall become effective ninety (90) days after receipt of such notice. The notice shall set forth the reason the party wishes to terminate the Agreement and the specific plan for accommodating the affected prisoners, if any. 22. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the previsions of RCW 39.34.180(3), as now in effect, and that of their own free will they hereby expressly waive any and all dghts 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 othe[wise agreed to in a wdting executed by the parties. 23. DURATION: This initial term of this Agreement shall be effective January 1, 2004 through December 31, 2004, and shall be automatically renewed from year to year unless otherwise modified or terminated earlier under the terms set forth in Section 21 above. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. 24. 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. 25. MISCELLANEOUS: In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, or 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 prevision 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. Page 8 of 9 CITY O~~ICE Cary Bozeman "Earry I:. Bellr~olt Mayor Chief of Corrections BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON PATTY LENT, Chair J~N~ANGEL, Commi ssi o(~er ATTEST: Opal 'Robe~tson, Clerk of the Board Page 9 of 9 +Enter Search Criteria, Press Esc Key to Transmit +Press Del Key to Terminate Delete Mode + CHANGE Contract Transactions Contract Number 4081 ~Vendor Name KITSAP CO CORRECTIONAL & DETENTION FACILITY ~Subject PRISONERS, INCARCERATION OF Department POLICE Status Code GOV Amount Begin Date 04/17/2000 ~ Insurance End Date 12/31/2002 Type Amount Review Date 08/01/2003 + Insurance Total $0.00 Insurance Review Date Comments $62/PERSON EACH 24 HOUR PERIOD OF CONFINEMENT NEW CONTRACT TO BE PROVIDED WHEN NEW FACILITY OPENS KITSAP COUNTY/CITY OF BREMERTON ADDENDUM TO CONTRACT FOR INCARCERATION OF CITY PRISONERS WHEREAS, KITSAP COUNTY, a municipal coqx)ration organized under the laws of the State of Washington (hereinafter referred to as County) and the CITY OF BREMERTON (hereinafter referred to as CITY), have entered into a contract on the 17th day of April, 2000, for the services provided under the contract; and WHEREAS, the COUNTY and CITY desire to enter into an addendum reflecting the intentions of beth pa;ties; now, therefore, IN CONSIDERATION of the mutual covenants contained herein, it is hereby agreed as follows: Section 12 is amended as follows: Section ~12. TERM OF CONTRACT The term of this Agreement is for one (1) year cOmmencing on January 1,2002 and ending on December 31,2002, unless sooner terminated by the parties as set forth in Section 13. DATED this ~ day of ~_~J ,2002. CITY OF BRE~ CARY BDZEI~I~q, Mayor DATED this ~ 0~ day of ~ ~ ,2002. KIT~ BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON /k~f~o¢~. ,~ ~r~ ~ Botl~in, ~ Chris Endresen, Commissioner ATTEST: l~olly ~lerson, Clerk of the Board ORIGINAL KITSAP COUNTY/CITY OF BREMERTON ADDENDUM TO CONTRACT FOR INCARCERATION OF CITY PRISONERS WI]~R~,AS~ KI'I~.~ CO~'TY, a ml~i~al corporation o~ni~ ~ ~ ~ of ~ S~ of W~on ~e~er ~ to ~ ~) ~ ~ CiTY OF B~R~N ~r ~ to ~ ~), ~c cnt~ ~to a ~ on 1~ ~y of ~ 2~, ~r~ ~ p~ ~er~e m~: ~d ~E~, ~ ~UN~ ~ C~ ~ to ~t~ ~to ~ ~e~ ~fl~g ~e ~fio~ of~ ~; ~w, ~fo~, ~ CONS~E~ON of~ mu~ ~e~ ~n~ h~m, ~t is h~y a~ ~ folto~: ~on 8 is ~ ~ follo~: For &o~ ~n ~ii~ ~ COU~ by CffY p~ to S~on I, CI~ s~l ~y COUNTY Si~-~o doll~ (S62.~) ~r ~ ~m~ for ~ ~n~-fo~ (24) ho~ ~fi~ of ~nemcnt or ~ffion ~f. Sub ~b,c,~e ~d fof~s ~on ~ ~ ~o~ 12 ~ ~ ~ foHo~ ~c t~ of ~ ~ment is for one (1) ~ ~e~ on ~ l, 2~1 ~d en~ng on D~m~r 31, 2~1, ~ ~ner te~ ~ ~e ~ ~ ~ fo~ ~ ~on 13. DASD ~s ~yof ,2~l C~ OF B~RTON ~fl~ ~ ~ 1~; ~?"~" DA~O~s~yof ~ ~ ,2~1 ~ ~ ] ~ L~Y BER~OL~, ~f ~om ~ ~~o~ KITSAP COUNTY/CITY OF BRBMERTON AGREEMENT FOR INCARCERATION OF CITY PRISONERS WHEREAS, KIT&AP COUNTY (herdnMtM ~OUNTY') owns and operates · cocrectional detenticm ~nd ~ of adult pMsons Iwrested by its police officers or committed to ~on~nen~nt by lb court~ mhd WHEREA&, is .coofllance with the IntedocM Co--on ALt (Ch.pter 3~34 RCW) mKI the CITY nnd COUNTY Jdls Act (Chaptaw ~?.43 RCI~ COUNTY ind CITY enter hlto rids AIli~emeM; Bow, therefore In consideration of the mutual covenants cont~ined herein it Is Section ~ DE1~NTION/I NCARCERATION proMded thM tkere Is sMflcieet SlleCe mmMlile in I~e KHsep COUNTY Corrections ~nd (n) arrested with or without n wnfl~nt for a vidntion of an oRiinnnce of (b) wMme de~ntion Is continued addy on the Imsis of n ~iTY q,okP; mr (d) nrrn~t~l or hw..art~tlt~i fo,' ~dolntlon of n ~tate law when: (1) ~tnt~ law ~dMMJon h cluu,Bnd In lieu of n ~led or amended CITY o..41nan~e wh~ the Htpeai or~u,Te4 mdmequent to thl~ ~tate law aM~Har I. It~ iwM. IMtl.~ aa4 pe~ t~ t~e H~eMed (~) State law violation is charOed In lieu of a v~latlon M a CITY ordhta[uce where ~,ch o;~innnce Is similar In Its [wohlbltlon to the State law violation. S~ctlon 2: PRE~BNTATION FOR CONFINEMENT of Iny Winlnt M~AnI~ ai~i~M' M Commitment. ~ nMI ~MI certify by the act d presenting an adult person for to T,. C,VY.,.,, ,h. CO..VY Section ~ DURATION OF CONfiNEMENT The COUNTY shill Inc~rcernte persons received from CITY unUI the following occun. Order of Gommltmm~ or (b) upon po~tb~ Of b4M; od' (C) FBC41~ Of I dll~ frolll I bw ell~el~ off~ o4, proNcuthlg c~use without Judlcid im)ces~ M (d) /or thom hMd W probeMe clile wlUiout JudidM pro~esl upon the PldWlee of two (~) billMel~ dlYel lwovMe~ prior to relelMdlle Mly I)emon W to Uds W ffAe GOqNTY shMl ~tempt to W the CITY to W the GITY'8 deeke with reelid to M perlo~ PROVIDED, FURTHER tM the CiTY slIMI hc4d the GOUNTY /rom the M of In kldlviduld wrongly detldned It the direction Mthe CITY 8ectkm m OPERATIONS 8TANOARO8 GOUNTY Mudl qN~Me b GMT~'tMnM Mid Deeen~m PM:Jify b IccordMice wi~ the imb W Gemmlt~e ii M ~, stlnd~k W In COUNTY Mdlmnc4 I~. 11g, Ind h Section rc REMn'rAL OF BAIL MONIES COUNTY Mm# remit to the CITY Mi I dMly Ileds h modes received by the COUNTY ~s bMi ~)dion M MEDICAL AND DF.N'rAL CARE COUNTY dmll provkle CITY~ INtMmerS, M no M ~berBe~ tMme roidbN) medlcli Mnd ~ dom nM: rmKBer I m ~ fMm provMMI to I SlUJiclflc Indivklwd. CTTY skMI rdmburse COUNTY fM W denbd sEnicee, ~ cku~s, ,.nd nledlad al~e, tile need for wMch MMe~ Mtlr coMbNme~t of I iNMoner preeelfled by detention I~ the GTrY, iud for wMch n bsm, lth cM'e provldm' renders n separnte Mlling. Section 7.' TRAN6P(N~ATION CMl'edleIwI llld DMenUml FIcil#y exce~ Wkln the b'MmpMMtlMI IS determined by Section 8: OENBRAL JAIL SERVICES CONTRACT - 2 For thoee perimls ddioeflNi to COUNTY by CITY pursulnt to 6ection 1, CITY shill pay COUNTY Iqfly4even Ddlnrs (S87.00) p~r presort confined for eec# twentydo.r (24) how (a) Comsae~ ~ M a~s~ment. 'n~ pames aerN that tins MM repflmentotlmm or undeiltMu#ng not Inr.(xlNWntod herein are oxMilded. (b) Notice~ Any nMioes M commpondMw, e required by the COUNTY to the CITY, or by the CITY to the COUNTY shldl be io wrltMg Ired dMIvMed to the folloMng piutfam, nt the foilovdng l.lciresses: ~ COUNTY CORRBGTIONAL CiTY OF BREIIERTON & DITENTION FACILITY AdmhdMrntlve Inn? Be~heff, ~qN,dntondent M GoiTectMms MN~VIOeS Dlrectoc 614 DIdlion 84/IM, MS 33 MM Polioe ~ ~ WA N~ Br~lM'ton~ WA ~7 (G) Mewimed~ "me INMMB fwther Wee U~ tl~ AerNmed ~.~nnot belmeBdedMmodthedwithouttl~wdttenoMIcwTw, eofboth (d) Wlioen PM to kmld UFMI Ibtct GomMilnce of InY tenns~ Govenents or mmiMIMli d thio M VMdl not k deemed i W of such w skldl Miy wMver o~ ~ of such rlght M M WLnw. TId, A~ sludl be W and Int~ed h race with the lows M h 8tot. d WnMdnlltml Mid In the event d dMpMto the vemle/or My ndlon kought hMeunder slmil be in Kib~p COUNTY 8W (t) Atiomeys Fees. Tim subetoMi~ly Frevldlklg I)Mty io tomy liti~tioB Ifflsiog hermmder MiMI k MItlV4d to ito rmon~bio lttonleys fees Section 9: MONTHLY BILLINGS AND REPORT~ COUNTY M bill CITY oa · monthly ImM nnd CITY ~udl remit sur. b payment within thirty {3~) drays d rece#A. The Fedies will cooFerde io the ex~klnge d ilffonlMion mqueded bY the M Im[ty. At the pMtios' endlest comM~dence they MH meet to negotinte In ~od Mith oN the imme M re~N~tioB end MIHng unde~ rids AereemenL The COUNTY nBtees to provide the GITY of Bremedon, Includiog the Bremerton Munic#ml Gourt, wBth MI IMormetion relsMmbly m4:ce~sible to the GOUNTY. Section 10~ LIMITATION OF ASSIGNMENT Neither pMty my assign Its rIGhto or obligations UlMer this Agreement without the wdtton consent of the othM pMty. Section 11: HOLD HARMLESS JAIL SERVICES CONTRACT - 3 JAIL SERVICES CONTRACT - 4 DEPARTMENTAL APPROVAL: APPROVED AS TO FORM: ~.~N~ ~ALANCA, crrY Atto,~y JAIL SEP~VICES CONTRACT - 5 ORIGINAL KITSAP COUNTY/CITY OF BREMERTON ADDENDUM TO CONTRACT FOR INCARCERATION OF CITY PRISONERS WHEREAS, KITSAP COUNTY, a municipal ~orporation organized under the laws of the State of Washington (Hereinafter referred to as County) and the CITY OF BREMERTON (he~einal~ refen~d to as City), have entered into a conWact on 17~ day of April 2000, for the services provided under the contract: and WHEREAS, The COUNTY and CITY desire to enter into an addendum reflecting thc intentions of both parties; llOW, therefore, IN CONSIDERATION of the mutual covenants contained herein, it is hereby agreed as follows: Section 8 is amended as follows: For thasc person delivered to COUNTY by CITY pursuam to Section 1, CITY shall pay COUNTY Sixty-two dollars ($62.00) per person confined for each twenty-four (24) hour period of confinement or portion thereof. Sub a,b,c,d,c and f of this section remain intact. Sections 12 is amended as follows; The term of the Agreement is for one (1) year commencing on Janua~ 1,2001 and ending on December 3 i, 2001, unless sooner t~rminated by the pa.~ies as set forth in Section 13. DATED this ~y of ,2001 LARRY BEI~'~-IOL~, C~'f'~orrections cO rrv CO .SSIO OLLY~?~DERSON, Clerk of me Board KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF CITY PRISONERS WHIBREA8, KIT&AP COUNTY (hereinafter ~COUNTY') owns and operates s col'recticnsI facility situuted in Port Orchnrd, Washington, which is suitable for the detention and Incarceration of adult prisons; and WHBREA~ the CITY of Bremerton (hereinafter 'CITY') requires a suitable facility for the duteution and hclrcerlflon of adult persons arrested by its police officers or committed to conflnemeflt by its courts; and WHEREAS, is _~_-___,~dnnce with tea lutmlocal Cooperation Act (Chapter 39.34 RCW) and tee CITY nnd COUNTY Jlib Act (Chapter t7.43 RCW), COUNTY and CITY enter Into this Agreemeut; now, therefore In considorutlon of the mutual covenants r. ontoined her~in It is hereby ngruad su folfows Section 1: DLrI~NTION/INCARCERATION COUNTY will I~ovido cisteiltiofl sad incarCOSltiOn pursuant to tee tOllns of teas provided that th4~o is $offlcJeut ap·co avnilnb4e in tho Kltsnp COUNTY ~m and Outeut, o, FarJlity, for the following adult per~ons: (a) arrested with or wit#out a wnrrnnt for a violation of lin ordinance of (b) who~ detention is continued sofaly on the bash of · CITY 'hol~; or (c) sul]~eut to terms ut Imprisonment by courts of tee CITY; or (d) ·n~Bstnd or incarce~ted for violation of s Stet· isw when: (1) State isw viobtion is charged in lieu of a rej]Nillisd or landed CITY ordinance where tee repeal occun~cl subsequent to teas ngrsumnt and w#m nt tee tim of the repeal th~e existed a State law simlfar In Its prohibition and penalty to the repealed (2) State isw violation is charged in lieu of a violation of · CITY ordisun~e whe~a such ordinance is similar in Its prohibition to the 8tm law violation. Section 2: PRESBNTATION FOR CONFINEMENT Upon ~.'~.~??n hi fac co·fl·em·t, or ·s soon thereoftor ns is Imm~4cnbfa, the duretfon or ote4~ of confinement ut a given individual. CITY shall provlda s copy of any Wnnlut of AH~nt or O~rde~ of Commltmmlt. Tho CITY ~!~ solely reaponsIbfa for determining tent the Individuals presented for ~bIB nnd shall ¢ortlfy by the act of presenting an adult parian for duty: .~i~la~reon is isgnlly dutainnble and tho COUNTY shall hear co responsibility _to I dd.m m_b,.[, dm.coN.. The CITY she[, hdd te. COUNTY SE~~CT - ! . Section 3: DURATION OF CONFINEMENT The COUNTY shell Incarcerate persons received ~om CITY until the following occur: (u) expiration of thc tram of confinement us Indbted In I Warrant or Order of Commitment;, or (b) upon po~tin9 of ball; or (c) receipt of I directive from · iow enforcement officer or prosecuting attorney of the CITY to release ouch person held under probebio cause without Judicial process; or (d) for titus held upon prebabth c~use without judicial process upon the IHIss~W of two (2) business d~y~ provided, prior to miming uny persofl pursuant to this sub~ection tho COUNTY shall attempt to conthct the CITY to anc4etalu the CITY'S desire with regiwd to said person; PROVIDED, FURTHER that tho CITY shall hold the COUNTY from the detention of en Individual wrongly cistalnud at fhe direction of the CITY Section ~ OPERATIONS STANDARD& COUNTY sh~ll operate Its Correctional und Detention F~clilty in Bccordance with the Intake StmNliwds Commltto as well us standards enunciated in COUNTY Ordimmce N4~ 1t9, and In accordBnce with all uppllcabio laws, rules and regulution~. Section 5: REMITTAL OF BAIL MONIES COUNTY shall remit to the CITY on a dally bllads the monies recelvud by the COUNTY us bell from the CITY's pdsouarL Section 6: MEDICAL AND DENTAL CARE COUNTY shall provide CITY'S prisoners, ut no additional charge, those routine medical und mental health corvtces which are provided to other prisoners for which the NelNh Care Provider does not rendec a separate billing for care provided to a specific iudlvklual. dntentfon by h CITY, nnd for which · hcolth care provider renders l Separate billing. Section 7: TRANSPORTATION CITY will provide or crrange fo~ transportation of CITY detulnees to and frmll the C4~rectJo41~l lind Detentkm F·clllty except when the tr~nspo~ntion is determined by COUNTY stiff to be necess~y to secure umerBency medical evllastion or trefltment, or when transpo~ntion ic required to support the orderly oporutlon of the Detontkm F·clllty or the Intoflml needs of the Deportment of Correctio~ Section 6: GENERAL PROVISIONS JAIL SERVICES CONTRACT - 2 For thole persons dellvefld to COUNTY by CITY pursu·nt t4 ~tion 1, CITY shall p·y COUNTY FIfty4even Dollars (S57.00) per person confined for each tw·nty-four (24) hour (a) Complm Expression of A~ronmnt. The parties agree that thi· Agreemnt I· the complete ·Xl~eSsion of the tm hereto ·nd ·ny oral repre··ntmtlons or undBrstandlng not il~orporated herein ·xciucled. (b) Notices. lay notices or ~orre·pondence required by the COUNTY to the CITY, or by the CITY to the COUNTY slmll be In writing and delivered to the following parties, at th· following edclresses: KITIAP COUNTY CORRECTIONAL CITY OF BREIIERTON & DETENTION FACILITY Admlnistrmtive ~ BerthoH, ~apcm'hltm.im M Corrections 8e~dces Director sad 614 Dlvfolon ~ M8 33 Chief of Pdfoe 239 Fourth Street Pod Orchard, WA 983~6 Bremorton, WA 98337 (c) Amendmont~ The pedJsu forthor agree th.t thb Agreement onnnof be Imlemled or modified without the ~,,;~M concurrence of both (d) Waives. F·llml to insist llpon ,t.~.~t compllimce of any terms, covenants or conditiOnS of this Agi~rnent shall not be deemed widver of such nor shldl suy wM or reilnqulshmnt of such dSlht or pOWIr It lily tim ho toksu Is · wllvlf d lay ofher (e) Apldicmbia Lmw. This Agreement shcii ho construed ~nd interpreted in ·ccocdsuce with the ~ of the Stir· of Wlshlngton and in tho event of dlsputa the vonsu fsi' suy ·ution brought hereunder shoal ho in bp COUNTY Superior courL (t) Attorneys Fees. The substlntimlly prev~llng pl~ty in any lltigmtlon Irlsfog hereuncle~ shill ho entitled to Its rems·amble attc)~nays fees and costs, Including appeals, If any. Section 0: MONTHLY BILLINGS AND REPORTS COUNTY ~dndl bill CITY on · monthly beads and CITY shell remit such p·yment within thirty (3e) days d ~ The padies will cooperm in the excl~nge of Inf0m.tl0n requested by the other Imfl~. At the ~ ·mltsut conVenience they will milt to II~o~fate In Good f~th On the ~ of repoftMg ~ Miring under this Aeronment. The COUNTY Igrees to pr·vide the CITY of Breme4~ml, including the Bt·melton Municipal Court, with all informmfon reasonably accessible to tha COUNTY. Sectlofl 10: LIMITATION OF ASSIGNMENT Nofthor party may ·ssiBn Its rights or obligations under this Agreement without tho written Section 1 t: HOLD HARMLESS JAIL SERVICES CONTRACT - 3 Tho CITY Egress to defond, indomMfy and hold harmless the COUNTY, Its appolntod and olectod offlchds, ompioyoos and ngects fvom and agnlnst aH liability, loss, cost~ ditHuip aim expense, Indudiq costs and attorneys foes in defense thereof because of ~ctlens, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thefofrem, arising from or alleged to have arisen from: (1) tho CITES porfoi~mnco under this AgreM~t O~ ~ · consoquonc, d ny w~ongfd or nqlipct acts or mission of tho CITY, Its nppoJctod and .bctod offlcisls~ omployoos and (2) any nctlons, claims or Ilwstdts for dnmogos nllqisg wrongful dctectJoll of CITY'S dotalnoes ms · result of tho CITY'S actions; (3) ny actions~ clelms or Iswsdts for dammgos liJeglng tho CITY'S failure or refusml to timely relnn b CITY'S dctolnoos. Tho COUNTY agrees to dobnd, bidomnffy and hold harmless the CITY, Its appointed and oxpomre Im;hdlng ~ and attorneys fees In defaaso thereof because of actlons~ claims, or lewsuifa Idleging dlmlgos sustidnod by any person or proporty Including doltb ct uny time rosoft~ ~ from o~ alleged to hive orison from: (1) COU#T~$ performance under this agreement or any wrono~l os' n~gllgmst a~-ts or minion of tho COUNTY, Its appointed and olected oH~Jnle, empleyoes and I~ents; (2) Wron~fal detention of CITY'S detainees as a result of the COUNT. S actions; (3)COUNTY'S failure or refusal to timely release the CITY'S Section t2: TERM OF CONTRACT The tarm of this A~lMnlnt Is f~om the dire of sxecutlen of this A0reement by both parties and shall remain In effect through December 3t, 2000. Section t3: T~RIlINATION TMS A0teement may be tlrmlncted by either party upon ninety (90) days v..-'t~n notice to DATED thIs ~ dray of ~ I c~r'Y OF BREMERTON LYNN $. HORTON, Mayor JAIL SERVICES CON'II~CT - 4 DEPARTMENTAL APPROVAL: ' API~OVEI) AS TO FORM: DATED this ~.. day of .... , 1999. JAIL SERVICES CONTRACT - 5