1161 - Ordinance - New Chapter 9.53 Detention/Incarceration of IndividualsORDINANCE NO. 1161+/
AN ORDINANCE OF THE CITY OF PORT ORCHARD
CREATING A NEW CHAPTER 9.53 DETENTION/
INCARCERATION OF CERTAIN INDIVIDUALS (Port
Orchard Municipal Code) PROVIDING FOR AND
RELATING TO CONTRACTUAL SERVICE RELATIVE TO
DETENTION/INCARCERATION OF ADULT PERSONS
ARRESTED BY CITY POLICE OFFICERS OR COMMITTED
TO CONFINEMENT BY ITS COURTS
WHEREAS, Kitsap County (hereinafter County) owns
and operates a correctional facility at the county seat in
Port Orchard, Washington which is suitable for the detention
and incarceration of adult persons; and
WHEREAS, the City of Port Orchard (hereinafter
City) needs a suitable facility for the detention and
incarceration of adult persons arrested by its police officers
or committed to confinement by its courts; and
WHEREAS, RCW 39.34 and RCW 70.48.090 authorize
and empower County and City to contract with one another
regarding the detention and incarceration of adult persons;
NOW, THEREFORE, BE IT, AND IT HEREBY IS ORDAIN BY
THE COUNCIL OF THE CITY OF PORT ORCHARD AS FOLLOWS:
SECTION 1. Detention/Incarceration. County shall
6Nd- � accept from City for detention and/or incarceration those
adult persons arrested by police officers of City or committed
0 rd i35-8 to terms of imprisonment by courts of City; Provided, County
Pr1-11 �d (shall not be obligated to accept such persons if there is
pn CL - 13$0 — M-7
insufficient room in its corrections facility.
SECTION 2 Terms of confinement. Upon presentation
of an individual for confinement or as soon thereafter as is
practicable, City shall in writing advise the staff of the
corrections facility of the duration or other terms of
confinement of the given individual.
SECTION 3. Payment City shall pay County a fee
per each person confined for each twenty-four (24) hour
period of confinement or portion, thereof,as per annual contract.
County shall bill City on a monthly basis. City
shall remit upon such bills within thirty (30) day of
receipt. Bills not paid within thirty (30) day shall bear
interest at twelve percent (12%) per annum.
SECTION 4. Operational standards. County shall
operate its correctional facility in accordance with the
standards enunciated in RCW 70.48 and WAC 289.
SECTION 5. Medical, dental services. County
shall not be responsible for providing medical or dental
services to individuals confined pursuant to this agreement;
Provided, County shall provide emergency medical and dental
services and shall bill City for the cost thereof. Non -
emergency medical or dental services shall be the responsibility
of City.
SECTION 6. Hold harmless. City shall hold County,
agents, officers and employees, harmless and shall defend
against any and all claims, lawsuits, judgements and costs
incurred or made against County, its agents, officers and
employees, as a consequence of performance of this agreement
except those occasioned solely by the negligence of County.
SECTION 7. Termination. Either party has a right
to terminate this agreement by ninty (90) day written notice
to the other. Such notice of termination shall also be
transmitted to the Washington State Jail Commission.
PASSED by the City Council and APPROVED by the
Mayor this 27th day of April, 1981.
PAUL D. POWERS, JR., MAYOR
ATTESTr
G. LLOYD, City Clerk