1331 - Resolution - Contract with Kitsap County for IncarcerationRESOLUTION NO. 1331,,%
A RESOLUTION OF THE CITY OF PORT ORCHARD
AUTHORIZING THE MAYOR TO SIGN KITSAP
COUNTY/CITY OF PORT ORCHARD CONTRACT FOR
THE USE OF.DETENTION/INCARCERATION
FACILITIES
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES
HEREBY RESOLVE:
THAT: The Mayor of the City of Port Orchard be
and hereby is authorized to sign Kitsap County/City of
Port Orchard Contract for the use of Detention/Incarceration
Facilities. Kitsap County Facilities will be used to
house adults arrested by City of Port Orchard Police Officers
or committed to confinement by its courts at a cost of $42.00
per day, as per attached.
PASSED by the City Council and APPROVED by the
Mayor this 27th day of December, 1983.
LESLIE J W`EATHERILL, MAYOR
ATTEST:
KITSAP COUNTY/CITY OF PORT ORCHARD
CONTRACT FOR THE USE OF
DETENTION/INCARCERATION FACILITIES
WHEREAS, KITSAP COUNTY, a municipal corporation organized
under the laws of the State of Washington with its office situated
in the County Courthouse, 614 Division Street, Port Orchard,
Washington 98366 (hereinafter referred to as "County"), owns and
operates a correctional facility at the county seat in Port
Orchard; Washington which is suitable for the detention and incar-
ceration of adult persons; and
WHEREAS, the CITY OF PORT ORCHARD, a municipal corporation
organized under the laws of the State of Washington with its
office situated at 546 Bay Street, Port Orchard, Washington 98366
(hereinafter called "City"), is situated within the County of
Kitsap, and is in need of 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
the County and City to enter interlocal agreements for detention
and incarceration facilities;.now, therefore,
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT
IS HEREBY AGREED AS FOLLOWS:
Section 1. Covenants of County.
(1) Kitsap County hereby agrees to provide detention and/or
incarceration services for those adult persons arrested by police
officers of the City or committed to terms of imprisonment by
Courts of the City; provided, there is sufficient space available
in the County correctional facility.
(2) The County shall operate its correctional facility in
accordance with the standards enunciated in RCW 70.48 and WAC 289.
(3) The County shall provide emergency and other health
care services to individuals confined pursuant to this agreement;
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provided City shall reimburse the County for all emergency and
other health care services. The City may seek reimbursement as
appropriate pursuant to RCW 70.48.130.
Section 2. Covenants of City.
(1) The City shall be responsible for all transportation
services outside the courthouse -facility of those individuals
arrested by police officers of the City or committed to terms of
imprisonment by Courts of the City.
(2) Upon presentation of an individual for confinement or
as soon thereafter as is practicable, the City shall in writing
advise the staff of the County correctional facility of the duration
of confinement and other terms of confinement that may be helpful
or necessary in providing the services.
(3) City shall pay County the sum of Forty-two dollars
($42.00) per person confined for each twenty-four (24) hour period
of confinement or portion thereof.
County shall bill City on a monthly basis. City shall remit
upon such bills within thirty (30) days of receipt. Bills not
paid within thirty (30) days shall bear interest at twelve percent
(12%) per annum.
(4) In addition, the City shall reimburse the County for
medical services provided as described in Section 1.
(5) The City will enact and actively pursue a policy of
release on recognition to help prevent overcrowding in the County
facility.
Section 3. Terms of Contract.'
The terms of this contract shall be for one (1) year beginning
on January 1, 1984 and ending on December 31, 1984, unless sooner
terminated by the parties as set forth in Section 4.
Section 4. Termination.
This agreement may be terminated by either party upon ninety
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(90) days written notice to the other party. Such notice shall
also be transmitted to the Washington State Jail Commission.
Such notice shall include the grounds for termination and specific
plans for accommodating the affected jail population.
Section 5. Hold Harmless and Insurance.
The City shall hold the County, its agents, officers, and
employees harmless and shall defend against any and all claims,
lawsuits, judgments, and costs incurred or made against the
County, its agents, officers, or employees as a consequence of
a performance of this agreement except those occasioned solely
by the negligence of the County. The City shall obtain and
maintain during the term of this contract public liability insurance
naming the County as an additional named insured in an amount
approved by the Kitsap County Risk Manager.
DATED this
L. day of De-cc-m ��' 1983.
MAYOR
ATTEST:AV
CITY CITY CLERK
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
APPROVED:
Pat L. Jones
Kitsap County Sheriff
ATTEST:
County Auditor and Ex-Officio
Clerk of the Board
By:
Chairman
Commissioner
Commissioner
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