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RES 84-14 JAIL HOUSINGRESOLUTION NO. 84-14 A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON, APPROVING THE AGREEMENT FOR SUPPLYING JAIL HOUSING BY THE CITY OF BREMERTON FOR CERTAIN CITY OF WINSLOW PRISONERS. WI~EREAS, the City Council of the City of Winslow, Washing- ton, feels it is in the best interest of the citizens of the City to enter into an agreement with the City of Bremerton to provide Jail Housing for certain Winslow prisoners, and I~tEREAS, the City of Winslow and the City of Bremerton both desire to enter into such an agreement; NO~q THEREFORE, be it resolved by the City Council of the City of Winslow as follows: The proposed agreement (Exhibit A attached hereto) for supplying Jail iIousing b} the City of Bremerton for certain City of Winslow prisoners is hereby approved. PASSED by the City Council of the City of Winslow, Washing- ton, this 21st ,day of Jun~ , 1984. ALICE B. TAWRESEY ~ Mayor ATTEST: DONNA J~N BUXTOH Clerk/Treasurer AGREEMENT FOR SUPPLYING JAIL HOUSING BY CITY OF BREMERTON FOR CERTAIN CITY OF WINSLOW PRISONERS THIS AGREEMENT, made and entered into this 22 day of May , 1984, by and between the City of Winslow, a municipal corporation, duly organized and existing under the laws of the State of Washington, hereinafter called "Winslow", 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". WITNESSETH: 1. Scope of Agreement. This Agreement shall apply to the housing by the Bremerton City Jail of certain City of Winslow prisoners and the payment by Winslow to the City of Bremerton for said housing. The City of Bremerton agrees to accept for housing in the Bremerton City Jail on a space available basis, all prisoners committed for misdemeanor offenses charged by Winslow which Winslow desires to commit in the Bremerton City Jail. 2. Term and Consideration. Winslow agrees to pay to the City of Bremerton the sum of Twenty-Five ($25.00) Dollars 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 Winslow for jail services on a monthly basis, and payments of billings for such service shall be made monthly by Winslow to the City Treasurer of Bremerton. 3. Obligations of Parties. City and Winslow agree that the City will be responsible for all aspects of normal jail operation with regard to prisoners held for Winslow, including housing, feeding and normal medical care, but the City of Bremerton shall not be responsible for any extraordinary medical expenses of said prisoners, nor for transportation of said prisoners to or from Winslow. 4. Notices. All notices to be mailed hereunder shall be mailed to parties as follows: City of Bremerton 230 4th Street Bremerton, WA 98310 5. Compliance. City of Winslow P O Box 10100 Winslow, WA 98110 Parties shall comply with all federal, state and local laws and ordinances applicable to the services to be performed under this Agreement. -1- 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. a. Winslow shall indemnify and hold harmless the City, its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any act or omission of Winslow, its officers, agents and employees, or any of them, in arresting, detaining, charging, or transporting persons before presentation to and acceptance by the City for confinement in the Bremerton City Jail or thereafter while said persons are in the custody of Winslow outside the Bremerton City Jail. b. The City shall indemnify and hold harmless Winslow, its officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any act or omission of the City, its officers, agents, and employees, or any of them, in confining persons who have been presented to and accepted by the City for confinement in the Bremerton City Jail by Winslow, its officers, agents,'.aDd employees, while said persons are inthe Bremerton City Jail or in the custody of the City outside the Jail. 8. Rights-Cumulative. The rights and remedies of the City and Winslow provided for under this Agreement are in addition to any other rights or remedies provided by law. 9. Preservation of Rights. Neither payment nor performance by City of Winslow 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 Winslow. No Agreements or conversations with any officer, agent or employee of the City of Winslow prior to the 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 lla and llb hereof shall be given by the party termination this Agreement to the other not less than thirty (30) days prior to the effective date of termination. e. Completion of sentences: Any Winslow 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 Winslow shall pay in full any outstanding bill due theCity of Bremerton for services enumerated herein by the 15th day of the month following the last month in which prisoners are held by Winslow. IN WITNESS WHEREOF, the City and Winslow have executed this Agreement ' y 1984. CITY OF BREMERTON Mayor ATTEST: City Clerk CITY OF WINSLOW ATTEST: APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: City Attorney -3-