1332 - Resolution - Contract with City of Bremerton for PrisonersRESOLD-TION NO. 1332
A RESOLUTION OF THE CITY OF PORT ORCHARD
AUTHORIZING THE MAYOR TO SIGN AGREEMENT
FOR SUPPLYING JAIL HOUSING BY CITY OF
BREMERTON FOR CERTAIN CITY OF PORT
ORCHARD PRISONERS
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 the Agreement for Supplying
Jail Housing by City of Bremerton for Certain City of Port
Orchard Prisoners as specified in attached Agreement.
PASSED by the City Council and APPROVED by the
Mayor this 27th day of December, 1983.
LESLIE al.'WEATHERILL, MAYOR
ATTEST:
R. G. Lloyd, City C,Tei,k
\ J
AGREEMENT FOR SUPPLYING JAIL HOUSING BY CITY OF BREMERTON FOR
CERTAIN CITY OF PORT ORCHARD PRISONERS
THIS AGREEMENT, made and entered into this - '-/" day
of - LL_/` , 1981, by and between the City of Port
Orchard, a municipal corporation, duly organized and existing
under the laws of the State of Washington, hereinafter called
Port Orchard, by and through its duly elected, qualified and
acting Council, and the City of Bremerton, a municipal
corporation of the State of Washington, by and through its duly
elected, qualified and acting Council, hereinafter called
City,
W I T N E S S E T H:
1. SCOPE OF AGREEMENT.
This agreement shall apply to the housing by the
Bremerton City Jail of certain City of Port Orchard prisoners and
the payment by Port Orchard to the City of Bremerton for said
housing. Said prisoners to be housed stall be those who are
committed for misdemeanor offenses.
2. TERM AND CONSIDERATION. The City of Port
Orchard agrees to pay to the City of Bremerton the sum of
TWENTY-FIVE DOLLARS ($25.00) per day per prisoner held under the
terms of and during the period covered by this Agreement, which
period shall extend from the date of January 1, 1984, through
December 31, 1984.
The Bremerton City Treasurer shall bill the City of
Port Orchard for jail services on a monthly basis, and payments
of billings for such service shall be made monthly by Port
Orchard to the City Treasurer of Bremerton.
3. OBLIGATIONS OF PARTIES. City and Port Orchard
agree that the City will be responsible for all aspects of normal
jail operation with regard to prisoners held for Port Orchard,
including housing, feeding and normal medical care, but the City
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of Bremerton shall not be responsible for any extraordinary
medical expenses of said prisoners, nor for transportation of
said prisoners to -or from the City of Port Orchard.
4. NOTICES. All notices to be mailed hereunder
shall be mailed to parties as follows:
City of Bremerton
230 4th Street
Bremerton., WA 98310
City of Port Orchard
216 Prospect
Port Orchard, WA 98366
5. COMPLIANCE. Parties shall comply with all
federal, state and local laws and ordinances applicable to the
services to be performed under this agreement.
6. APPLICABLE LAW; VENUE. This agreement shall be
construed and interpreted in accordance with the laws of the
State of Washington, and, in the event of a dispute, said
dispute shall be litigated and the venue of any action brought
hereunder shall be in the Superior Court of Kitsap County,
Washington.
7. INDEMNIFICATION. Port Orchard hereby agrees to
save harmless and defend the City.from all claims and liability
due to the negligent acts, errors, or omissions of Port Orchard,
its agents and/or employees. The City shall not be liable to
Port Orchard or any other party for any claim whatsoever arising
in connection with this agreement except for negligence solely
and entirely the fault of the City.
8. RIGHTS -CUMULATIVE. The rights and remedies of
the City and Port Orchard provided for under this agreement are
in addition to any other rights or remedies provided by law.
9. RESERVATION OF RIGHTS. Neither payment nor
performance by City or Port Orchard shall be construed as a
waiver of either party's right or remedies against the other.
Failure to require full and timely performance of any provision
at any time shall not waive or reduce the right to insist upon
complete and timely performance of such provision thereafter.
10. INTEGRATED DOCUMENTS. This Agreement embodies
the agreement, terms and conditions between the City and
Port Orchard. No agreements or conversations with any officer,
agent, or employee of the City or Port Orchard prior to the
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execution of this Agreement shall affect or modify any of the
terms or obligations contained in any documents comprising this
Agreement. Any such verbal contract shall be considered as
unofficial information and in no way binding upon either party.
Deviation of any sort from the Agreement terms must be
authorized formally in writing. No other authority for deviation
from the Agreement will be recognized as proper and official.
11. TERMINATION.
a. For Cause•
Either party may terminate this
Agreement in the event the other fails to perform its obligations
as described -in this Agreement, and such failure has not
been corrected to the reasonable satisfaction of the other in a
timely manner after notice of breach has been provided to such
other party.
b. For Reasons Beyond Control of Parties: Either
party may terminate this Agreement without recourse by the other
where performance is rendered impossible or impracticable for
reasons beyond such party's reasonable control such as but not
limited to acts of nature; war or warlike operations; civil
commotion; riot; labor dispute including strike, walkout, or
lockout; sabotage; or superior governmental regulation or
control.
c. Upon Mutual Agreement: In the event this Agreement
is deemed by mutual agreement between the parties to be
unfeasible, said agreement may be terminated immediately.
d. Notice. Notice of termination pursuant to
Subsections 11 a and 11 b hereof shall be given by the party
terminating this Agreement to the other not less than five (5)
days prior to the effective date of termination.
e. Completion of sentences., Any Port Orchard
prisoners housed in the Bremerton City Jail at the time of
termination of this agreement, under any terms, shall remain
in said Bremerton City Jail until their sentences are
completed.
f. Payment. Upon termination in any manner the City
of Port Orchard shall pay in full any outstanding bill due the
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City of Bremerton for services enumerated herein by the 15th day
of the month following the last month in which prisoners are held
by the City for Port Orchard.
IN WITNESS WHEREOF, the CITY and PORT ORCHARD have /
executed this Agreement as of this ham- day of ,198_.
CITY OF BREMERTON
Mayor
ATTEST:
CITY CLERK
APPROVED AS FORM:
ity Attorney
CITY OF PORT ORCHARD
By,,
Mayor
ATTEST:
TY CLERK
APPROVED AS TO FORM:
City A� orney
City Council President City Council President
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