HomeMy WebLinkAboutCONSENT ILA with Kitsap re Juvenile detention beds JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Shannon Burns,Juvenile Court Administrator
DATE: DgceiA hw 6(2025
RE: Interlocal Agreement between Kitsap County and Jefferson County
for detention facility.
STATEMENT OF ISSUE:
Kitsap provides secure detention services for Jefferson County Juvenile and Family Court
services. This interlocal Agreement for 2026 reflects an"as needed" contract for beds in
standard detention. These are mandated services per RCW title 13.
ANALYSIS:
Our contractual arrangement with Kitsap County for detention services is one that has been
long standing. Kitsap county has kept cost-per-bed at a minimal charge. This contract
reflects a$50 increase per day bringing the cost to $200 per day, which is below the State
average cost.. Kitsap County has a history of providing mental health, substance abuse
support, medical care and educational services with the utmost care.
FISCAL IMPACT:
Funds for estimated detention costs are included in 2026 budget.
RECOMMENDATION That the Board sign the contract with Kitsap County for standard
detention beds at Kitsap Youth Center as presented.
REVIEWED BY:
r: b 4F19-S----
Jo-', Peters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: KitsapCounty Contract No: KC-091-26
Contract For: Juvenile Detention Facility Term: January 1,2026-December 31,2026
COUNTY DEPARTMENT: Juvenile and Family Court Services
Contact Person: Shannon Burns
Contact Phone: (360)385-9190
Contact email: Sbums@co.jefferson.wa.us
AMOUNT: As Needed: $200 per day per bed use PROCESS: —
Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: up to$83,000 Included in budget Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund# RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS: `—
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: I■ N/A:l l (-ef/j S_ w� it Z y 7
I/ Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: 1:1 N/A: G ;E,(/1. ) - fic
Signature Date
e
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 12/3/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 11/26/2025.
ILA with Kitsap. Same terms as prior years with the only change being the
daily fee increase. No PAO signature block. PAO added but please add
next time.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
KC-091-26
INTERLOCAL AGREEMENT FOR JUVENILE DETENTION SERVICES
BETWEEN KITSAP COUNTY AND JEFFERSON COUNTY
This Interlocal Agreement for Juvenile Detention Services ("Agreement") is entered between Kitsap
County and Jefferson County,both political subdivisions of Washington State.
RECITALS
WHEREAS Kitsap County and Jefferson County are public agencies authorized to contract with other
governmental entities for the provision of services pursuant to the Interlocal Cooperation Act, Chapter
39.34 RCW,and Chapter 13.04 RCW.
WHEREAS Jefferson County does not possess sufficient facilities to confine juvenile offenders; BECCA
contempt,or dependency contempt youth committed to Jefferson County's custody for confinement.
WHEREAS,Kitsap County has space available in its Detention Facility and is amenable to making such space
available to confine Jefferson County juvenile offenders,pursuant to the lawful authority of Jefferson County,
for a rate of compensation as mutually agreed to by the parties.
WHEREAS the parties have determined that entering into this Agreement would be mutually beneficial.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by this
reference,the parties agree as follows:
SECTION 1 DEFINITIONS
1.1 "Admitted"or"Admission"of the Juvenile by Kitsap County will occur when the Detention Facility
staff has advised Jefferson County's Representative that the Juvenile presented to the Detention
Facility for confinement has been accepted for admission by the Detention Facility, the booking
process completed,and Kitsap County has taken physical control of the Juvenile.
1.2 "Additional Health Care Services"means any medical,mental health,dental or other form of health
care and/or treatment provided to a Juvenile not routinely offered by Kitsap County's in-house
health care provider in the Detention Facility, regardless of where such services are provided
including,without limitation, emergency medical services, prescriptions, laboratory tests,medical
imaging services,necessary durable medical equipment,and any in-patient or out-patient treatment
or referral.
1.3 "Agreement" means this Agreement for the provision of Juvenile Detention Services, Exhibit A
(Detention Facility Intake Assessment), and Exhibit B (Parental Consent for Medical Treatment),
all which are incorporated in full by reference.
1.4 "Bed-Day"means any consecutive period of time exceeding 12 hours during which a Juvenile is in
the custody of the Kitsap County Juvenile Department Detention Facility,which includes booking.
1.5 "Booking" means the process in which the Juvenile's personal data is recorded; Jefferson County
Representative confirms the Juvenile's identity and the lawful basis for confinement;and any other
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screening process routinely required by the Detention Facility prior to Admission.
1.6 "Detention Facility"means Kitsap County Juvenile Department Detention Facility.
1.7 "Detention Manager" means the Kitsap County Juvenile Detention Facility Manager or his/her
designee.
1.8 "Detention Services" means all services and functions provided by Kitsap County related to the
Juvenile's confinement, care, and management, including, without limitation: security, custody,
intake, booking, housing, meals, supervision, maintenance, operational overhead, access to
recreation, education, routine medical/dental/mental health services, and transportation arranged
by the Kitsap County.
1.9 "Gravely Disabled" means a person who, as a result of a mental disorder, is in danger of serious
physical harm resulting from a failure to provide for their essential human needs of health or safety;
or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss
of cognitive or volitional control over his/her actions and is not receiving such care as is essential
for his/her health or safety.
1.10 "Jefferson Representative"means an authorized member of Jefferson County Police Department or
other authorized representative of Jefferson County.
1.11 "Juvenile" means a youth under the chronological age of eighteen years of age arrested on a
Jefferson County warrant or by Jefferson County's law enforcement officers for violating a law for
which confinement of a juvenile is lawful.
1.12 "Partial Bed-Day"means any consecutive 12 hours or less during which a Juvenile is in the custody
of the Kitsap County Juvenile Detention Facility,which includes Booking.
SECTION 2 DETENTION SERVICES
2.1 General. This Agreement is limited to the detention of juveniles for offenses which are within the
jurisdiction of,and charged within,Jefferson County.
2.2 Admission.Kitsap County agrees to admit Juveniles for confinement in the Detention Facility when
arrested by law enforcement or detained by court order, provided they meet the criteria of Section
6(Presentation and Admission). Juveniles initially released to Jefferson County's custody by court
order or otherwise shall only be readmitted upon presentation of a new, lawful basis for detention
(e.g.a new offense,new court order,or new warrant).
2.3 Duration Restriction. Confinement of a Juvenile will not exceed 30 consecutive days unless
otherwise agreed to by Kitsap County on a case-by-case basis.
2.4 Education/Health Care Services. Kitsap County will provide the Juveniles confined in the
Detention Facility with access to the same education,medical,dental,and other Detention Services
provided to other juveniles confined in the Detention Facility as required by law and Kitsap County
policy and procedures.
2.5 Juvenile Compliance. All Juveniles confined in the Detention Facility shall be subject to and
expected to comply with all Detention Facility rules, including those related to discipline,
emergency,safety and security rules.
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2.6 Juveniles Exceeding 18 years. Upon the prior written request from Jefferson County, Kitsap
County may continue to confine a Juvenile past their 18th birthday, provided Jefferson County
provides proof the Juvenile is enrolled in school. In no event will Kitsap County confine a Juvenile
beyond their 19th birthday. Kitsap County retains the absolute right in its sole discretion to reject
or revoke the confinement of any Juvenile exceeding 18 years of age at any time and for any reason.
2.7 Right of Refusal. Kitsap County at all times and for all purposes under this Agreement retains the
absolute right in its sole discretion to reject,limit,or revoke the Admission of any or all Juvenile(s),
or any other person, for confinement in the Detention Facility at any time and for any reason
whatsoever.
2.8 Non-Detention Services. Non-detention custodial services shall not be affected by this Agreement.
Court services, probation services, or the like, shall continue to be the sole responsibility of
Jefferson County and are not subject to this Agreement.
2.9 Court. Jefferson County is solely responsible for ensuring the Juvenile is provided with access to
all relevant court facilities.Kitsap County's responsibility is limited to providing transportation for
a Juvenile to court in Kitsap County, Washington, only when a valid court order requires such
transportation. Kitsap County will not provide or facilitate any other court services, including,
without limitation, ensuring timely court appearances or legal representation for the Juvenile. All
costs, expenses, and liabilities associated with court services, judicial proceedings, and any
transportation not explicitly provided by Kitsap County under this section, shall be the sole
responsibility of Jefferson County.
2.10 Limitations on Detention Services and Scope of Responsibility. It is expressly understood and
agreed that Kitsap County's responsibilities under this Agreement are strictly limited to the
provision of juvenile detention facilities and associated Detention Services. Kitsap County is not
responsible for any legal, probation, social work, or other services required by Kitsap County or
the Juvenile, and Jefferson County retains full responsibility for such matters.
SECTION 3 TERM
3.1 This Agreement shall commence on January 1,2026("Effective Date")and terminate on December
31, 2026, unless terminated or extended. This Agreement may be extended for additional
consecutive one(1)year periods at the mutual written agreement of the parties. Neither party has
an obligation to extend or renew this Agreement.
SECTION 4 TERMINATION
4.1 This Agreement may be terminated by either party, at the mutual convenience of the party, upon
60 days prior written notice to the Contract Representative of the other party. The notice shall set
forth the reason for the termination and identify the specific plan for accommodating the removal
of the Juveniles affected by the termination. In the event of termination,Jefferson County shall at
its own expense transport the Juveniles from the Detention Facility on or before the effective date •
of the termination.During the 60-day notice period,Kitsap County may decline to Admit a Juvenile
for confinement.
SECTION 5 COMPENSATION, BILLING
5.1 General Obligation. Jefferson County agrees to compensation Kitsap County for all Detention
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Services and costs as provided in this Agreement.
5.2 Bed-Day Rate/Housing. Jefferson County shall pay Kitsap County a basic fee of Two Hundred
Dollars($200.00) for every bed-day reserved,and for every additional bed-day used by Jefferson
County.
5.3 Partial Bed-Day Rate. Jefferson County shall pay Kitsap County One Hundred Dollars($100.00)
for every partial bed-day used by Jefferson County for every Juvenile confined in the Detention
Facility.
5.5 Method of Billing. Kitsap County will invoice Jefferson County monthly for amounts due Kitsap
County under this Agreement for the Detention Services provided in the previous month.Such fees
shall be due and payable by Jefferson County within thirty(30)days from the billing date. Account
balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per
annum), or as authorized by law. Should collection become necessary, Jefferson County shall be
responsible for the payment of all collection costs, including reasonable attorney fees, associated
with the collection of late payments.
5.6 Annual Increase.The bed-day and partial bed-day rate shall be increased annually by one hundred
percent(100%) of that percentage increase provided in the All-Urban Consumers Index (CPI-U)
(1982-1984=100) for the Seattle-Tacoma-Bremerton area as is specified by the Bureau of Labor
Statistics, United States Department of Labor.
The percentage increase shall be calculated as the change in the Index from December 31 of the
year preceding the current term to December 31 of the year immediately preceding the renewal
year;provided,however,the annual increase shall not be more than six percent(6%)of the amount
for the preceding year.For the first year of this Agreement(commencing January 1,2026),the rates
established in this Section shall be based on the Index value published for December 2025.
5.7 Other Costs. Jefferson County shall promptly pay all other costs, including those for Additional
Health Care Services to Kitsap County and third parties as provided herein.
SECTION 6 PRESENTATION,ADMISSION
6.1 Prior Verification.Prior to presenting a Juvenile for confinement,Jefferson County's Representative
shall contact the Detention Facility and obtain verification from the Detention Manager that the
Detention Facility may Admit the Juvenile for confinement and ensure the order authorizing
confinement contains a provision authorizing the Detention Manager to provide emergency medical
treatment to the Juvenile.Prior verification does not guarantee Admission by the Detention Facility.
6.2 Presentation. When presenting a Juvenile to Kitsap County for confinement, Jefferson County
Representative shall remain at the Detention Facility with the Juvenile and comply with all
requirements of Section 6 and all Detention Facility procedures and rules until the Juvenile has been
Admitted.
6.3 Prohibitions
A. Any Juvenile who is unconscious,under the influence of alcohol and/or drugs(as determined by
Kitsap County),or Gravely Disabled may not be Admitted into the Detention Facility.
B. Any Juvenile with significant injuries, or who reports that they are currently experiencing
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significant medical or mental health issues,may be Admitted in the Detention Facility only when
the Juvenile has been medically cleared for confined Detention by a medical doctor, nurse
practitioner,or other equivalent medical personnel,and approved by Kitsap County.
6.4 Certification and Warranty of Lawful Custody. Jefferson County is solely responsible for
determining and hereby unconditionally warrants to Kitsap County that all Juveniles presented by
Jefferson County Representatives to Kitsap County for confinement are lawfully detained and
confined. This certification and warranty are provided and renewed by Jefferson County's act of
presenting the Juvenile for confinement to the Detention Facility. Jefferson County shall defend,
indemnify and hold the Kitsap County harmless as provided herein for any and all liabilities,claims
or actions resulting from the detention of a Juvenile wrongfully presented by Jefferson County,or
its representative,to Kitsap County for confinement.
6.5 Intake Assessment. When presenting a Juvenile to the Detention Facility for confinement,
Jefferson County's Representative shall provide the Detention Facility staff with the following
information:
A. Information. Provide all information available regarding the Juvenile as routinely required by
the Detention Facility.
B. Duration/Conditions.Provide copies of all records in the possession pertaining to the Juvenile's
confinement, which includes without limitation, all relevant court orders that identify the
duration and other terms of confinement.
C. Emergency Medical Treatment.Ensure the order of confinement contains authorization for the
Director of Kitsap County Juvenile Detention Facility to provide the Juvenile emergency
medical treatment.
D. Intake Assessment. Provide all information requested on the Detention Facility Intake
Assessment attached hereto as Exhibit A(Detention Facility Intake Assessment).
E. Parental Consent (Medical Treatment). Provide a signed copy of the Parental Consent for
Medical Treatment and a copy of any medical insurance coverage information for the Juvenile
in the event the Juvenile requires medical treatment while in the Detention Facility.See Exhibit
B (Parental Consent for Medical Treatment). Jefferson County is and remains responsible for
obtaining all consents and providing medical insurance coverage information.
F. Medical/Mental Health Status. Provide a copy of the Juvenile's medical records in Jefferson
County's possession and advise the Detention Facility staff of all information known about a
Juvenile's medical and mental health status (current and historical), including the Juvenile's
psycho-sexual history.
G. Drugs/Alcohol. Inform the Detention Facility staff of all information known about the
Juvenile's alcohol and drug usage(current and historical).
H. ADA Accommodations. Inform the Detention Facility staff of any known accommodation
needs of the Juvenile consistent with the requirements of the Americans with Disabilities Act.
I. Other Information. Provide all other relevant information available regarding the Juvenile and
such other information/documentation routinely required by the Detention Facility staff.
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6.6 Admission. Jefferson County's Representative transporting the Juvenile to the Detention Facility
shall remain at the Detention Facility with the Juvenile until advised by the Detention Facility staff
that the preliminary portion of the booking procedure has been completed and the Juvenile has been
Admitted into the Detention Facility.
6.7 Personal Property. Upon Admission of the Juvenile for confinement, Kitsap County agrees to
accept and store the Juvenile's personal belongings in an amount not to exceed a day pack or
equivalent in volume. Any personal belongings exceeding this amount will require approval from
Kitsap County. Any personal property not removed from the Detention Facility by the Juvenile
upon the Juvenile's release will be deemed to be abandoned and automatically become the property
of Kitsap County without the requirement of further court action.
SECTION 7 LEGAL REPRESENTATION-JUVENILE
7.1 Jefferson County shall be responsible for responding to the requests for legal assistance or legal
representation made by the Juvenile confined in the Detention Facility. Kitsap County agrees to
promptly notify the Jefferson County Representative of any requests for legal assistance or legal
representation made by a Juvenile to a Kitsap County detention officer.
SECTION 8 TRANSFER, RELEASE
8.1 Transfer. Kitsap County will not transfer custody of a Juvenile to another agency without prior
written authorization from the court unless otherwise provided in this Agreement.
8.2 Release. The Juvenile will be released from confinement from the Detention Facility as provided
below.
A. Request by Jefferson County. The Juvenile may be released to Jefferson County's
Representative upon written direction or verified verbal direction from Jefferson County's
Representative.
B. Court Order. The Juvenile may be released by court order.
C. Treatment. The Juvenile may be released due to medical, mental health, dental treatment or
other health care services unavailable within the Detention Facility. Upon release to Jefferson
County's Representative, medical provider, or designated escort for the purpose of receiving
off-site treatment, Jefferson County shall be deemed to have immediately resumed full legal
custody and control of the juvenile.
D. Emergency/Catastrophe. The Juvenile may be released in the event of any emergency or
catastrophic condition occurring that poses a reasonably imminent danger to the safety of the
Juvenile or Kitsap County personnel. The decision to release or remove a juvenile from the
Detention Facility will be at the sole discretion of Kitsap County. In such cases,Kitsap County
will provide Jefferson County with reasonable notice of the removal and shall exercise
reasonable care for the safekeeping and custody of the Juvenile(s)so removed.
8.3 Resumption of Custody —Jefferson County. Jefferson County shall be deemed to have resumed
full legal custody,care,control,and liability for the Juvenile for all purposes under this Agreement
upon Kitsap County's presentation of the Juvenile to Jefferson County,or upon a Jefferson County
Representative taking physical control of the Juvenile. Kitsap County's security and custody
obligations,and all associated legal liability shall immediately cease upon release pursuant to this
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Section.
SECTION 9 TRANSPORTATION,SECURITY
9.1 Transportation. Unless otherwise agreed, Jefferson County shall be responsible for all
transportation of the Juvenile(s), which includes the delivery and pickup of the Juvenile(s) for all
purposes under this Agreement and court appearances.
9.2 Release. A Jefferson County Representative shall be promptly available to pick up the Juvenile
when released from the Detention Facility,regardless of the basis of the release.Promptly available
means immediately available, and in no event longer than four(4) hours after Jefferson County
receives notice from Kitsap County of the Juvenile's release. Notice for this purpose may be a
written or oral notice from the Detention Facility for Jefferson County's Representation.
9.3 Failure to Comply with Pickup. In the event Jefferson County fails to assume custody of the
Juvenile within the four(4)hour pickup window, Jefferson County agrees to pay Kitsap County a
fee equal to the Bed-Day Rate for each continuous 24-hour period(or applicable Partial Bed-Day
Rate for any fraction thereof)the Juvenile remains in Kitsap County's custody beyond the four(4)
hour notice period,which fee shall cover the cost of extended housing and security.
9.4 Reimbursement — Transportation/Security. In the event Kitsap County provides transportation,
regardless of the reason, Jefferson County shall reimburse Kitsap County for all costs of
transportation and associated security incurred by Kitsap County to secure emergent medical
evaluations, emergency treatment and to support the reasonably necessamy operational needs of the
Detention Facility. The cost for transportation shall be the Internal Revenue Service mileage rate in
effect at the time of the service performed and the current cost for custodial security provided by
Kitsap County staff shall be the current cost to provide a detention officer(currently$50.05 per hour
for each officer).
9.5 Material Breach. Violation of any provision of this Section is a material breach and cause for
immediate termination of the Agreement. The financial penalties for failure to assume custody as
provided in this Section shall commence immediately upon expiration of the four(4)hour notice
period.
SECTION 10 HEATH CARE SERVICES
10.1 Health Care Services. Upon the Kitsap County's Admission of the Juvenile, Kitsap County will
provide the Juvenile at no additional charge the routine medical services that are readily available to
other detainees from Kitsap County's in-house third-party health care provider for which the health
care provider does not render a separate bill for providing such service to a detainee. Health Care
Services,for which a separate bill is provided are considered Additional Health Care Services.
10.2 Reimbursement. Jefferson County shall be solely and exclusively responsible for paying for all
Additional Health Care Services and associated costs and expenses in providing such services to a
Juvenile. Reimbursement shall be paid directly to Kitsap County or third parties, as directed by
Kitsap County. In the event Kitsap County incurs costs for such services, Jefferson County shall
reimburse Kitsap County within 30 days of the invoice date,regardless of whether Jefferson County
is seeking or has received payment from third-party insurance or other responsible parties.
10.3 Hospitalization.In the event a Juvenile is hospitalized,Kitsap County will contact Jefferson County's
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Representative. Jefferson County's Representative will determine whether Jefferson County requires
custodial security of the Juvenile during any period of hospitalization and advise Kitsap County
accordingly if Jefferson County will provide the security or request Kitsap County to do so.If Jefferson
County agrees to provide custodial security,the Juvenile shall be released to the custody of Jefferson
County. Jefferson County shall be responsible for reimbursing Kitsap County for all actual
transportation and custodial security costs, including any Kitsap County detention officer time
incurred in securing the Juvenile pending Jefferson County's assumption of custody.
10.4 Emergency/Non-emergent Care(outside)Facility—Notification.Kitsap County will use reasonable
efforts to notify Jefferson County within four(4)business hours of transport(Monday-Friday,9:00
am to 5:00 pm) of emergent care for a Juvenile outside the Detention Facility. For non-emergent
care outside of the facility, Kitsap County will use reasonable efforts to notify Jefferson County
before noon on the next business day after the transport occurs. The lack of notice will not relieve
Jefferson County of its reimbursement obligations to Kitsap County.
10.5 No Waiver of Right to Seek Reimbursement. Nothing in this Agreement shall be construed to waive
the rights of either party to seek reimbursement for costs from the Department of Social and Health
Services,detainee,parent/guardian,or any other responsible third-party.
SECTION 11 INSURANCE,INDEMNIFICATION
11.1 Insurance. Kitsap County and Jefferson County shall maintain, throughout the term of this
Agreement,insurance adequate to protect both parties against claims that may arise as a result of the
performance of this Agreement. Such insurance shall be placed with responsible insurers, self-
insured,or carried through participation in an insurance pool at levels of coverage adequate to protect
Kitsap County and Jefferson County against loss,and as ordinarily carried by municipalities engaged
in similar operations. Upon request of the other party, Kitsap County and Jefferson County shall
provide evidence of liability coverage.
11.2 Mutual Indemnification. Each party ("Indemnifying Party") shall defend, indemnify, and hold
harmless the other party("Indemnified Party"), its appointed and elected officials, employees, and
agents, from and against all claims, liability, loss, cost, damage, and expense (including defense
costs and reasonable attorneys' fees)arising from,or alleged to have arisen from,the Indemnifying
parry's performance under this Agreement,including but not limited to: i)Any wrongful or negligent
act or omission of the Indemnifying Party, its officials, employees, or agents; ii) The wrongful
detention of a Juvenile resulting from the Indemnifying Party's action or failure to act;iii)The failure
or refusal to timely release a Juvenile resulting from the Indemnifying Party's action or failure to act.
This indemnity obligation covers actions, claims, or lawsuits alleging damages sustained by any
person or property, including death. However, to the extent any liability, loss, cost, damage, or
expense(including attorneys'fees)is caused by the concurrent negligence or intentional acts of both
Parties,their respective officers, agents, or employees,the indemnification obligation of each Party
shall be limited to their proportionate share of liability,as agreed to by the Parties or as determined
by a court of competent jurisdiction.
11.3 Waiver of Industrial Insurance Immunity. Solely for the purposes of this indemnification provision,
Jefferson County expressly waives any immunity derived from Title 51 (Industrial Insurance)of the
Revised Code of Washington or the equivalent thereof, acknowledging this waiver was mutually
agreed upon.
11.4 Obligations/Notice of Claim.Kitsap County will provide Jefferson County notice of the assertion of
liability by a third party that may give rise to a Claim by Kitsap County against Jefferson County
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bascd on the indemnity contained herein.Jefferson County shall promptly advise Kitsap County in
writing, which shall in no event exceed 14 calendar days from the notice date, whether Jefferson
County accepts or denies tender of the claim. Jefferson shall reimburse Kitsap County for all fees
and costs of defense whether incurred before or after the notice of claim. Jefferson County shall
keep Kitsap County timely and fully informed through all stages of the defense and promptly
respond to and comply with Kitsap County's requests for information. Kitsap County reserves the
right, but not the obligation,to participate in the defense and such participation shall not constitute
a waiver of Jefferson County's indemnity and defense obligations under the Contract.
SECTION 12 CONTRACT REPRESENTATIVES
12.1 Unless otherwise provided herein, any required notice will be in writing and deemed given and
received either on the date personally served to the other parry's Contract Representative or on the
third day after the date of the postmark of deposit by registered or certified first class U.S. mail,
postage prepaid and properly addressed to the Contract Representative as follows:
Kitsap County's Representative Jefferson County's Representative
Shara Sauve, Director Shannon Burns, Director
Kitsap County Juvenile and Family Jefferson County Juvenile and Family
Court Services Court Services
1338 SW Old Clifton Road 1820 Jefferson Street
Port Orchard, WA 98367 Port Townsend, WA 98368
SECTION 13 GOVERNING LAW
13.1 Governing LawNenue. The Agreement,and the Juvenile(s)confined under this Agreement, shall
be made under,construed in accordance with,and governed by the laws of the State of Washington,
without regard to conflicts of law or choice of law provisions. Any action arising out of,related to
or in connection with this Agreement shall be instituted and maintained only in a court of competent
jurisdiction in Kitsap County, Washington or as provided by RCW 36.01.050.
SECTION 14 ACCESS AND RECORDS
14.1 Access-Detention Facility.Jefferson County shall have the right to inspect,at mutually agreeable
times, the Detention Facility to confirm that Kitsap County maintains standards acceptable to
Jefferson County and that its detainees are treated appropriately. Kitsap County agrees to manage,
maintain and operate its Detention Facility consistent with applicable federal,state and local laws.
14.2 Access to Juveniles. Jefferson County law enforcement personnel shall have the right to interview
Juveniles at any reasonable time within the Detention Facility and have the option to use the
Detention Facility interview rooms.
14.3 Records. Kitsap County agrees to maintain a system of record keeping relative to the booking and
confinement of each Juvenile consistent with the record keeping by the Kitsap County for all other
detainees. Kitsap County will keep records of all medical, mental health, or dental services it
provides to a Juvenile as required by law. Kitsap County agrees to share all information regarding
a Juvenile with Jefferson County, including insurance information,as authorized by law.
SECTION 15 INDEPENDENT CONTRACTOR
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15.1 Each party and its respective employees or agents will act as independent contractors and continue
to be the employees or agents of that party, which will be solely and exclusively responsible for
their employees and agents. Employees and agents of one party will not be considered for any
purpose whatsoever under this Agreement to be employees or agents of the other party to this
Agreement.No party will have the authority to bind the other party,absent a written agreement of
the parties, nor the authority to control the employees, agents, or contractors of the other party to
this Agreement. All employer rights,duties,and obligations will remain with the employing party.
SECTION 16 INTERLOCAL COOPERATION ACT COMPLIANCE
16.1 Statutory Authority. This Agreement is entered into pursuant to the authority granted by the
Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington(RCW),as now or
hereafter amended and Chapter 13.04 RCW. The parties agree that this Agreement is for the
performance of governmental services, functions, and responsibilities that each party is
individually authorized to perform.
16.2 Purpose and Method of Financing. The purpose of this Agreement is the joint and cooperative
provision of juvenile detention services, and the method of financing shall be the payment of
compensation by Jefferson County to Kitsap County as detailed in Section 5 (Compensation and
Billing).
16.3 Separate Entity and Administration.No separate legal entity is created to administer the provisions
of this Agreement. Kitsap County shall be solely responsible for the administration and operation
of the Detention Facility and the provision of Detention Services, as outlined herein.
16.4 Ownership of Property.No real or personal property will be jointly acquired, held,or disposed of
by the parties under this Agreement.All property owned by each of the parties shall remain its sole
property.
16.5 Filing and Recording.As required by RCW 39.34.040,this Agreement shall be filed with the Kitsap
County Auditor or its existence shall be listed on the public agency's website.
SECTION 17 GENERAL PROVISIONS
17.1 Force Majeure. Neither party shall be in default by reason of any failure in performance of this
Agreement if such failure arises out of causes beyond their reasonable control and without the fault
or negligence of said party including acts of God, terrorism and other acts of public enemy, war,
epidemics or quarantine restrictions.
17.2 Nondiscrimination.The parties in the performance of this Agreement shall not discriminate against
any person on the basis of race,color,creed,religion,national origin,age,sex,marital status,sexual
orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local
law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88 354 and Americans
with Disabilities Act of 1990.
17.3 No Waiver.No waiver of any right under this Agreement shall be effective unless made in writing
by an authorized representative of the party to be bound thereby. Failure to insist upon full
performance on any occasion shall not constitute consent to or waiver of any continuation of
nonperformance or any later nonperformance; nor does the payment of a billing or continued
performance,after notice of a deficiency in performance,constitute acquiescence thereto.
11202025 Pagel 10
17.4 Priority.The Detention Facility policies and rules shall apply for all purposes, unless they conflict
with the terms and conditions of this Agreement. In the event of conflict, this Agreement will
control.
17.5 Modification.No supplement,modification, or amendment of any term of this Agreement will be
deemed binding or effective unless in writing and signed by both parties.
17.6 Assignment/Delegation. Neither party may assign or delegate its rights, nor its responsibilities
under this Agreement to a third party, without the prior written consent of the other party. Any
purported assignment or delegation in violation of the subsection is void.
17.7 Severability. The provisions of this Agreement are severable. Any term or condition of the
Agreement or application thereof deemed to be illegal, invalid or unenforceable, in whole or in
part, shall not affect any other tern or condition of the Agreement and the parties' rights and
obligations will be construed and enforced as if the Agreement did not contain the particular
provision.
17.8 Third Party Beneficiary. Nothing under this Agreement shall be construed to give any rights or
benefits in the Agreement to anyone other than Kitsap County and Jefferson County,and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit
of Kitsap County and Jefferson County,and not for the benefit of any other party.
17.9 No Waiver. Either parry's failure to insist on strict performance of any term or condition of the
Agreement shall not be deemed a waiver of that term or condition even if the party accepting or
acquiescing in the nonconforming performance knows of the nature of the performance and fails
to object to it.
17.10 Entire Agreement. The parties acknowledge that this Agreement is the product of negotiation
between the parties and represents the entire agreement of the parties with respect to its subject
matter. All previous agreements and representations,whether oral or written,entered into prior to
this Agreement are hereby revoked and superseded.
17.11 Provisions Required by Law. Each and every provision of law and any clause required by law to
be in the Agreement shall be read and enforced as though it were included herein and if through
mistake or otherwise any such provision is not inserted,or is not correctly inserted,then upon the
application of either party the Agreement shall forthwith be physically amended to make such
insertion or correction.
17.12 Counterparts/Electronic Signature. This Agreement may be executed by the parties in any number
of separate counterparts,each of which when executed and delivered shall be deemed an original,
and all such counterparts shall together constitute one original document. All signatures need not
be on the same counterpart. A facsimile, email, or other electronically delivered signatures of the
parties shall be deemed to constitute original signatures and deemed to constitute duplicate
originals.
17.13 Survival. Those provisions of the Agreement that by their sense and purpose should survive
expiration or termination of the Agreement shall so survive such as references to compensation and
indemnification. Those provisions include, but are not limited to, Section 5 (Compensation,
Billing); Section 6 (Presentation, Admission); Section 9 (Transportation, Security); Section 10.2
(Reimbursement); Section 11 (Insurance, Indemnification); Section 13 (Governing Law); and
Section 15 (Independent Contractor).
1 1202025 Page I l 1
17.14 Authorization. Any authorizations, actions required, or permitted to be taken, and any document
required or permitted to be executed under this Agreement will be taken or executed only by a duly
authorized party representative. Each party warrants and represents to the other that the person
signing below has been properly authorized and empowered to execute this Agreement on behalf
of the Party for whom they sign.
DATED this day of ,2025 DATED this day of ,2025
JEFFERSON COUNTY KITSAP COUNTY
SHANNON BURNS,Director SHARA SAUVE, Director
DATED or ADOPTED this day of ,2025.
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY,WASHINGTON
HEIDI EISENHOUR,Chair
GREG BROTHERON,Commissioner
HEATHER DUDLEY-NOLLETTE, Commissioner
ATTEST:
Carolyn Gallaway,Clerk of the Board
Approved as to rm only:
elissa Pleimann,Civil Deputy Prosecuting Attorney
11202025 Page 112
DATED or ADOPTED this day of ,2025.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY,WASHINGTON
CHRISTINE ROLFES,Chair
ORAN ROOT,Commissioner
KATHERINE T.WALTERS,Commissioner
ATTEST:
Dana Daniels,Clerk of the Board
i 1202025 Page 113
Fxhib i + i4
HEALTH SERVICES INTAKE SCREENING FORM Date: Time:
Juvenile Name: Age:
Legal Guardian: Phone:
Address:
DOB: Sex: POB: Ethnicity: JCS#:
Hgt: Wgt: Hair: Eyes:
1 j
Examiner's Observations � !
1. Unconscious Yes No
2. Visible signs of trauma or Illness requiring emergency medical care Yes No
Describe:
3. Obvious fever, swollen glands,jaundice or evidence of infection. Yes No
Describe:
4. Evidence of cough,coughing up blood,weight loss or night sweats. Yes No
Describe:
6. Poor skin condition,rash,vermin or needle marks. Yes No
Describe:
6. Under the influence of alcohol,or other mind-altering drugs, including inhalants(within Yes No
the past 6 hours),
Describe:
7. Visible signs of ETOH or drug withdrawal, i.e. extreme perspiration,pinpoint pupils, Yes No
shakes, nausea,vomiting or cramping.
Describe:
8. Behavior suggesting suicide or assault,i.e. withdrawn,suicidal thoughts,or aggressive Yes No
behavior.
Describe:
9. Carrying medication or reporting being on medication: With you:Y❑ N ❑ Yes No
List:
10. Visible signs of physical deformity. (Scars/Marks/Tattoos:) Yes No
Describe:
11. Allergies Yes No
Describe:
12. Have you had a recent head injury? Yes No
Describe:
13. Under the care of a Physician? Yes No
With who: For what:
14. Females: Are you currently pregnant? Yes No
Date of last Menstrual Cycle: Method of birth Control:
15. Temperature:
Screening Officer: DO# .
Updated 10/24/18 - 1 -
'4
£xhibi+
KITSAP COUNTY JUVENILE DETENTION CENTER
HEALTH SERVICES
Parental Consent for Medical Treatment
I, ,parent/legal guardian of ,
detainee at the Kitsap County Juvenile Detention facility(KCJDF),do hereby give my consent for the routine and/or emergency medical or
dental care and/or immunizations,as deemed necessary by the Health Services staff or the Detention Specialist staff.
-In the event my child develops a medical or dental problem beyond the capabilities of the KCJDF Health Services,I authorize the medical or
dental facility,the medical or dental provider to which my child is referred,to evaluate and treat as indicated.
-I further authorize the medical or dental facility;the medical or dental provider to release such information as may be needed for the
completion of hospital claims,to any insurer or to the KCJDF and Health Services for the determination of follow-up treatment.
-1 also agree to be financially responsible for any and ail medical and dental care,including prescriptions that may be necessary for my child.
-I further authorize the KCJDF staff,under the direction of the Health Services staff;to administer any approved prescription or over-the-
counter medications,to my child pursuant to the prescribed medical indications and directions on the container. All approved medications
given my child shall be appropriately recorded.
-Emergency medical care will be provided at Kaiser Permanente in Port Orchard,at CHI Franciscan Health Urgent Care Clinic,Port Orchard,
the Emergency Room,Harrison Medical Center,Bremerton,or the Emergency Room,Naval Hospital,Bremerton,(dependent upon acuteness,
urgency and eligibility for care),unless otherwise specified.
Our family physician is(Name) (Phone#) and,if
possible,should be notified in order to provide emergency and continuing medical care for my child.
This authorization is valid from this date of this authorization until the minor has completed all detention time under this Cause
Number as ordered by the Court,or until the minor has reached the age of consent.
Medical Contract Group
Insurance Number Number
(If possible,please attach a photocopy of the coupon or insurance card.)
{
Parent/Guardian/Other Date Time
DO#
Detention Officer/Probation Officer Date Time
VERBAL Consent
Verbal consent given by ,parent or legal guardian of named juvenile
For the medical or dental care listed above by telephone conference with the Detention Intake Officer.
(Two Detention Officers'signatures are required when receiving verbal medical consent)
Detention Officer#1 DO# Date: Time:
Detention Officer#2 DO# Date: Time:
Comments:
'Notify parents: HIPPA rights notification is"on-line"on the Juvenile Department's webpage or they may request a
printed copy.
Are there any medical problems your child Is being treated for? Yes No
If yes,describe;
is your child taking any medication? Yes No
If yes,describe;
Is there any important information we should know about your child? Yes No
If yes,describe;
Does your child have any food/drug allergies or require any special needs while in detention?
If yes,describe;
Have visitation times and procedure been explained? Yes No
Has court time and/or probable cause weekend procedure been
explained? Yes No
Is the child in special education or does the child have an IEP(Individual Education Plan)at school? Yes No
Does the child receive SSI (Supplemental Security Income)? Yes No
Does the Child have a DDD(Division of Developmental Disabilities)Case Manager? Yes No
Case Managers name:
Updated 10/24/18 -2-
15