002-18 - Kitsap County - ContractKC-249-17
KITSAP COUNTY/CITY OF PORT ORCHARD
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 PORT ORCHARD (the Contract Agency), having its principal offices at 546 Bay Street, Port
Orchard, Washington 98366.
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 Contract Agency wishes to designate the County jail as a place of confinement for the
incarceration of one or more prisoners lawfully committed to the Contract Agency's custody;
WHEREAS, the County is amenable to accepting and keeping prisoners received from the Contract Agency
in the County's custody at its jail for a rate of compensation mutually agreed to herein;
WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another
public agency to perform services and activities that each such public agency is authorized by law to perform;
and
WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services
and potential revenues to fund such services and determined it is in each of their best interests to enter into
this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law.
AGREEMENT
For and in consideration' of the conditions, covenants and agreements contained herein, the parties agree as
follows:
1. PURPOSE:
It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities
and services located at the Kitsap County Sheriffs Office, Corrections Division, 614 Division Street, Port
Orchard, Washington, 98366.
2. DETENTION/INCARCERATION
The County shall incarcerate persons received from the Contract Agency until the following occur:
(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
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(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
(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 Sheriffs Office
Mark Rufener, Chief of Corrections
614 Division Street, MS-33
Port Orchard, WA 98366
Phone: 360-337-7107
mrufenerCaD_co. kitsap.wa. us
Contract Agency: City of Port Orchard
Geoffrey Marti
Chief of Police
546 Bay Street
Port Orchard, WA 98366
Phone: 360-876-4730
gmarti@cityofportorchard.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.
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
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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 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) Billing. 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 costs of these services are included in determining the above -stated daily per diem rates charged to the
Contract Agency.
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(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, the
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. In accordance with RCW 43.09.210, these costs shall be
paid as a reimbursement 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. 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 to the Contract Agency will be provided
as follows:
During business hours, contact in the following order:
• Port Orchard Municipal Court Administrator, Deborah Hunt at 360-876-1701; if not available then,
• Chief. of Police, Geoffrey Marti at 360-876-1700; if not available then,
o Commander, Dale Schuster at 360-876-1700
After business hours, contact Port Orchard Police Department at 360-876-1700 or through CENCOM.
In addition, whether during or after business hours, an email notification will also be sent to
court(@cityofportorchard.us and police(aD_cityofportorchard.us and will include the prisoner's name, the date,
and who (above) was contacted.
(d) Pre -Confinement Consents or Refusals. If a Contract Agency Prisoner has received or refused any
medical, mental health or dental treatment from the Contract Agency before confinement in the County 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, 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.
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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.
(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. 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, 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.
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 and control said prisoner; and to
administer the prisoner's sentence pursuant to the order of the committing court in the State of Washington.
During such confinement, the County shall provide and furnish or arrange for all necessary medical and
hospital services and supplies in accordance with Section 7 of this Agreement.
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(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 to the Contract Agency video court calendar must be received by 0600 the day of the requested
appearance. Additions made later than 0600 will be scheduled the following judicial day. Video court will not
be used for non -criminal traffic violations or any other civil matter.
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) Treatment 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
discretion 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 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 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 Prisoners at its own expense, on or before the effective date of such
termination.
14. PRISONER RIGHTS, ACCOUNTS AND PROGRAMS:
(a) Early Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early
release credits shall allow no more credit for its prisoners than is allowed by the County under its policies.
Contract Agency Prisoners confined under this Agreement shall earn early release credits under the policies
and rules prescribed by the County and state law for all prisoners at the County 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 disciplinary policies and rules of the County jail will apply equally to
Contract Agency Prisoner confined pursuant to this Agreement as applied to other prisoners confined to the
Jail.
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(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 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.
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) Deaths.
(1) In the event of a death of a Contract Agency Prisoner in the County jail, the Contract Agency
shall be promptly notified in writing. Kitsap County Sheriff's Office will investigate the
circumstances. The Contract Agency may join in the investigation and receive copies of all
records and documents from the investigation.
(2) The County shall, subject to the authority of the Kitsap County Coroner, follow the written
instructions of the Contract Agency regarding the disposition of the body. Such written
instructions shall be provided within three working days of receipt by the Contract Agency of
notice of such death. All expenses related to necessary preparation of the body and
transport charges shall be the responsibility of the Contract Agency. With written consent
from the Contract Agency, the County may arrange burial and all matters related or incidental
thereto, and the Contract Agency shall be responsible for all such expenses. This paragraph
defines the obligations between the parties to this Agreement and shall not affect the liability
of any relative or other person for the disposition of the deceased or any expenses
connected therewith. 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.
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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 appointed and
elected officials, employees and agents from and against all liability, loss, cost, damage and expense,
including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging
damages sustained by any person or property including death at any time resulting thereof, arising from or
alleged to have arisen from:
(1) the Contract Agency's performance under this Agreement or as a consequence of any
wrongful or negligent acts or omission of the Contract Agency, its appointed and elected
officials, employees and agents;
(2) wrongful detention of a Contract Agency Prisoner as a result of the Contract Agency's
actions; 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 Contract Agency's
indemnification obligation hereunder shall be limited to the Contact Agency's proportionate share of liability as
agreed to by the parties to this Agreement or determined by a court of competent jurisdiction.
(b) The County agrees to defend, indemnify and hold harmless the Contract Agency, its appointed and
elected officials, employees and agents from and against all liability, loss, cost, damage and expense
including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging
damages sustained by any person or property including death at any time resulting thereof, arising from, or
alleged to have arisen from:
(1) the County's performance under this Agreement or as a consequence of 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; and
(3) the County's failure or refusal to timely release a Contract Agency Prisoner.
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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.
Solely for the purposes of this indemnification provision, the 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 upon 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 Agreement
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 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. DURATION:
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
notice 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.
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25. 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.
26. MODIFICATION:
This Agreement may only be modified by written instrument signed by both Parties. .
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.
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DATED this day of _ 1(l;T 2017
CITY OF PORT ORCHARD
Robert Putaa suu, Mayor
r
Bra - inearson, ity Jerk
ATTEST:
1
Dana Daniels, Clerk of the Board
DATED this j' day of ])eJ-p"A.,Li�-�2017
COUNTY SHERIFF'S OFFICE
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
DATED this 2-2. day of 2018
ROBERT GELDER, Chair
� w
EDWARD E. WOLFE, Commissioner
CHARLOTTE GARRIDO, Commissioner
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