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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