RES 88-12 AGREEMENT WITH KITSAP COUNTY TO INCARCERATE ADULTS AT KC CORRECTIONAL FACILITYRESOLUTION NO. 88-12
A RESOLUTION APPROVING THE 1988 CONTRACTUAL AGREMMENT
WITH KITSAP COUNTY FOR DETENTION AND INCARCERATION OF
ADULT PERSONS IN THE KITSAP COUNTY CORRECTIONAL FACILITY.
WHEREAS, the City of Winslow, Washington, nccds a
suitable facility for the detention and incarceration of
adult persons arrested by its police officers or conmitted to.
confinement by its courts; and
WHEREAS, Kitsap 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 Council of the City of Winslow, Washington
feels it is in the best interest of providing for the health,
safety, and welfare of the citizens of Winslow to enter into
an agreement with Kitsap County regarding the detention and
incarceration of adult persons;
WHEREAS, the laws of the State of Washington allow such
agreements, pursuant to RCW 70.48.090,
NOW, THEREFORE, be it resolved by the Council of the
City of Winslow, Washington, as follows:
1he 1988 Kitsap County Contract for Detention and
Incarceration of Adult Persons in the Kitsap
County Correctional Facility is hereby approved;
a copy is attached as Exhibit A.
PASSED BY THE COUNCIL Of the City of Winslow, Washington,
this 21st day of April , 1988.
~i'i!EST/AL~IHNTICATE:
KITSAP COUNTY/CITY OF WINSLOW
ADDENDUM TO CONTRACT FOR
INCARCERATION OF CITY PRISONERS
WHEREAS, KITSAP COUNTY, a municipal corporation organized under the
laws of the State of Washington (hereinafter referred to as County) and
the CITY OF WINSLOW (hereinafter referred to as City), have entered
into a contract on May 18, 1987, for the services provided under the
contract; and
WHEREAS, the COUNTY and CITY desire to enter into an addendum
reflecting the intentions of both parties; now, therefore,
IN CONSIDERATION of the mutual covenants contained herein, it is hereby
agreed as follows:
Section 13 is amended as follows:
Section 13. Term Of Contract: The terms of this contract shall be for
a one (1) year, beginning on January 1, 1988 and ending on December 31,
1988, unless sooner terminated by the parties as set forth in Section
14.
DATED this
RITMST/AUTHENTICATE
day of /77~~
· 1988.
CITY OF WINSLOW
DATED this
day of
, 1988.
KITSAP COUNTY SHERIFF'S OFFICE
DATED this
day of
PAT L. JONES, Sheriff
, 1988.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
CHAIRMAN
COMMISSIONER
ATTESTED:
COMMISSIONER
CLERK OF THE BOARD
C3NT~CT RE~AR01NG THE INCARCERATION OF CITY PRISONERS
WHEREAS, KITS~ CGUNTY (hereina{~er County) Duns end operates 8
correctional facility at the county seat in Port Orchard, Washington,
uhich is sui!able for the detention and incarceration o~ adult parsone;
and
WHEREAS, CITY OF UINSLOW (heroine+tar Cily) needs a suilable facility
~or the detention and incarceration of adult persons arrested by
police o~ficers or committed to confinement by it's courts; and
~HEREAS, RC~ S~.34 and RC~ ~e,48.9S0 a~thorize and empouer County and
City %o contract utth one another regardin9 the detention and
i ncarceration o¢ adult persons;
NOW, THEREFGRE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREiN, IT IS HEREBY AGREED AS FOLLOWS:
Section l. OETENTiON/INCARCERATION. C~nty shall accept from City
for deteniion and/or incarceration pursuant to the terms o~ this
Agreement; provided, there is sufficient space available in the County
Correclional facility, those adult persons:
a. Arrested, ~ith or without warrant, for a violation o~ an
ordinance cr resoLutton o{ C~iy; or
b. ~hcse delention ts contirued solely on the basis o~ a City
"hoLd", or
c. Co~mltled to terms of inprisonment by courts of City; or
d. Arrelled or incarcerated ~or a violation o~ s!a~e law uhere one
o~ the (oilowing circumltances exist:
(1) The sta~e law violation is charged in llej o( a violation
a C~ty ordinanace or resolution uhere such ordinance or resolu!ion is
similar in its prohibition to the state law violation;
(Z) The state lau violation is charged in lieu o( a repealed or
amended City ordinance or resolution uhere the repeal occurred mubsequent
to the subscription o( this agreemenl and uhere, at the time of the
repeaI, there existed e state law similar in its prohibition and penal%y
%o %he repealed ordinance or resoIution.
Saclion ~, OTHER CRIMES. This a~reement shall not eq3ply to nor
e~(ect Cc~Jnty's responsibility ~or the detention or incarceration of
persons uhose acts could not have been prohibited by means of ~,Jnicipal
ordinance.
Section !. PAYMENT. For those persons delivered %o County by City
pursuant to Section i, City shall pay County ~hirty dollars ($30,80) per
person confined (or each tuenty-four (~4) hours period of confinement or
portion thereof.
Section a, MONTHLY BILLINGS. County shall bill City on a monthly
basi~. City shall remit upon such bills within thirty (30) days of
receipt.
Secllon S. OPERATION STaNDaRDS. Ccxinty shall operate
correctional ~ac!lily im accordance with the standards ecunclaled in
70.48 and ~AC ZS~.
Sec~iom S, PRESENTATION FOR CONFINEMENT. Upon pPesentatlo~ of an
individual for confinement or as 5con thereafter as is practicable, City
shall advise the ~taf~ o~ the corrections facility o~ the duration or
other term~ of confinement o~ the given individual. City shall provide a
copy o~ any warrant of arrest or commitment.
Sac!ion 7. DURaTiON OF CONFINEMENT. County shall incarcerate
persons received from City until the ~ollowing occurs:
a. Expiration of the term of confinement as indicated in a warrant
o~ commitment; or
b. Upon
c. For those held upon probable c~.se without ]u dicial mrocess, upon
a directire {tom an o~ioer o~ City to release such person~ or
d. For those held upon probable cause without judicial process, upon
the passage o~ two business days; Provided, prior to releaseing any person
pursuan~ to this subsection, County shall attempt ~o contact City to
ascertain City's desires with re~ard to the person.
Section B, REMITT~L OF BaIL MONEYS. County shall remit to City on
a daily basis the money5 received by County as bail ~rom City's prisoners-
Sect!cn'~, MEOICRL ANO DENTal CARE,
a. County shall ~rovide to City's prisoners at no additional charDe
those routine medical services which are provided to other prisoners
which the health care mrovider does not render a separate billin~ {or
providin~ care to a sDeci{iec individual.
b. City shall reimburse County for dental services, prescription
dru~s, and {or m~d[cal services for which a health cane prorider renders a
separate billing ~or providing care to a specific City prisoner.
S~c~ion 1~. TRaNSPORTaTION SERVICE. This agreement does not
provide ~or the transportation of City's prisoners.
Section 11, LIMITATION UPON ASSIGNMENT. Neither party may assign
this contract withcut the written consent o( the o~her.
Section 1~, HOLD HARMLESS.
a. City shall lnde~nify and hold harmles~ Cojnty and its agents,
o~{icers and ek~ployees (orm all claims, suits, dama(~es, and cosls o~ any
nature whatsoever erisir~ (ram matters which occurred prior to the time a
prisoner is delivered to County ~or detention or incarceration or from an
arrest alleged to have been made without probable cause.
b. County shall indemnify and hold harmless City and its a~ents,
oCficers and emOIoyees [orm all claims, suils, damages and costs o~ any
nature uhatsoever a~isin~ ~rom %he sole negligence of County durin~ the
detention o( a prisoner or %he (ailure o( County to re.lease a prisoner as
provided in Saclion 1.
~ec!ion 13. TE~9 D~ CDNTRACT. The terms of this contract shall be
(or a one (1) year, be~ining on Zanuary 1, 1~81 and ending on December
lgBl, unless sooner terminaled by the parties as set (orth in Section ll.
Section l&. TE.q~!NATION. This aGreeMent may be terminated by either
party upon ninety (90) days written notice to the other party. Such no%ice
shaI1 also be trans~ilied %o the Uashin~ton State Correc!ions ~tandards
Board. Such notice shall include the ~rounds (or termination and speci(ic
pl arts ~or accommodation the a~ec!ed ] oil population.
CITY CLEK~ /
DATED th~s /F?~ day o'~
P. TTESTED:
ZANET R, BAN~CH, Clerk o~'the Boa~
CONTRACT RE.~ARDING THE INCARCERATION OF CITY PRISONERS
WHEREAS, KITSF~ COUNTY (hereina~ter County) owns and operates a
correctional ~acility at the county seat in Port Orchard, Washington,
which is suitable ~or the detention and incarceration o~ adult persons;
and
WHEREAS, CITY OF WINSLOW (hereina(ter City) needs a suitable (acillty
(or the detention and incarceration o( adult persons arrested by it's
police o~(icers or committed to confinement by it's courts; and
WHEREAS, RCU 39.34 and RCU 70.48.050 authorize and emDouer County and
City to contract with one another regarding the dotchiton and
i ncarceration o~ adult persons;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. DETENTION/INCARCERATION. C~nty shall accept From City
(or detention and/or incarceration ~ur~ant to ~he terms o{ this
Agreement; provided, there is su({iclent space available in the County
Correctional {moilSty, those adult persons:
a. Arrested, with or without warrant, (or a violation o~ an
ordinance or resolution of Cityl or
b. Whose detention is continued solely on the basis of a City
"hold", or
'L
c. Committed to terms o~ inprison~ent by courts o( City; or
d. Arrested or incarcerated for a violation o( state law where one
the (oilowing circumltances exist:
(1) The state law violation is charged in lieu o( a violation
a City ordinanace or resolution where such ordinance or resolution is
similar in its prohibition to the state law violation~
(Z> The state law violation is charged in lieu of a repealed or
amended City ordinance or resolution where the repeal occurred subsequent
to the subscription of %his agreement and where, at the time of
ropeaim there existed a state law similar in ~ts prohibition and penalty
%o %he repealed ordinance or resolution.
Section %. OTHER CRIMES. This eOreemen( shall not ~oply to nor
e(~ect Cou nty's responsibility (or the detention or incarceration o~
persons whose acts could not have been prohibited by means o( ~jnicipal
ordinance.
Section 3. PAYMENT. For those persons delivered %o County by City
pursuant to Section 1, City shall pay County thirty dollars ($30.00) per
person confined for each tuenty-~our (~) hours period o( confinement or
portion thereD(.
Section 4, MONTHLY BILLINGS. County shall bill Cily on a monthly
basis. City shall remil upon such bills within thirty (30) days o~
receipt.
Section S. OPERATION STANDARDS. County shall operate its
correctional ~aciIi!y in accordance ~ith the standards enunciated in RCW
?0.48 and UAC Z8B.
Section B. PRESENTATION FOR CONFINEMENT. Upon presentation o( an
individual (or con(inement or as soon thetea(tar as is practicable, City
shall advise the sta{{ o{ the corrections {acility o{ the duration or
other terms o~ confinement o~ the given individual. City shall provide
copy o~ any warrant o~ arrest or commitment.
Section ?. DURATION OF CONFINEMENT. County shall incarcerate
persons received {tom City until the ~oIlowing occurs:
a. Expiration o~ the term o~ confinement as indicated in a warrant
o{ com~itment~ or
b. Upon posting o( bail; or
c. For those held upon probable cause uithout judicial process, upon
a directive {tom an o~icer o{ City to release such personl or
d. For those held upon probable cause without 3udicial process, upon
the passage o~ two business days; Provided, prior ~o releaseing any person
pursuant to this subsection, County shall attemp~ to contact City to
ascertain City's desires with regard to the person.
Section B, REMITTAL OF BAIL MONEYS. County shall remit to City on
a daily basis the moneys received by County as bait ~rom Cily's prisoners.
Section 4. MEDICAL AND DENTAL CARE.
a. County shall provide to City's prisoners at no additional charge
those routine medical services which ape provided to other prisoners (or
which the health care prorider does not render a separate billing (or
providing care to a s~eci(iec individual.
b. City shall reimburse County (or dental services, prescription
drugs, and (or m~dical services (or which a health care prorider renders a
separate billing {or providing care to a specific City prisoner.
S~ctton 10, TRANSPORTATION SERVICE. This agreement does not
provide ~or the transportation o~ Ciiy's prisoners.
Section 11, LIMITATION UPON ASSIGNMENT. Neither party may assign
this contract without the written consent o( the other.
Section 1%, HOLD HARMLESS.
a. City shall indemnl(y and hold harmless County and its agents,
o~(icers and ekm~loyees (orm all claims, suits, damages, and costs o( any
nature whatsoever arising (tom matters which occurred prior to the time a
prisoner is delivered to County (or detention or incarceration or (rom an
arrest alleged to have been made without probable cause.
b, County shall indemnl~y and hold harmless City and its
o~icer~ end em~loyees ~or~ ~11 claims, suits, dameDes and costs o~ any
nature uhatsoever arising ~rom the sole nei~tigence o~ County c)urin9 the
detention o( a prisoner or the (ailur~ o( County to release a prisoner as
provided in Section 1.
Sac!ton 13, TE.qM O~ CONTRACT. The terms o( this contract shall be
(or a one (i) year, be~inin9 on January 1, 1BB? and ending on December
ISBl, unless sooner terminated by the parties as set (orth in Section
Section 14, TEFtMINRTION. This a(~reement may be terminated by either
party upon ninety (90) days written notice to the other party, ~Jch notice
shall also be transmitted to the Uashington State Corrections Standards
Board. ~uch notice shall include the 9rounds (or termination and spect(ic
plan~ (or accommodation the a~ected jail po~ulation.
CITY CLEK~
DATED this /~ day o~
ATTESTED:
JANET R, BfiN~CH, Clerk o~'the Boa~
MRYOR ~
BOARD OF COUNTY COMMISSIONERS
KITSA~ COUNTY, ~ASHINGTON