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Consent Agenda
Juvenile Services
Jefferson County
Board of County Commissioners
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Agenda Request /
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From:
Board of County Cp~issioners/'
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Barbara Carr, JUvemil<\F~,u~~A,'dministrator
Week of April 4. 2011
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To:
Date:
Subject:
Interlocal Agreement belWeen Kitsap County
And Jefferson County - Detention Facilities
Statement of Issue:
Kitsap County provides secure detention services for Jefferson County Juvenile
and Family Court Services. This Interlocal Agreement for 2011 is inclusive of the
arrangement around the transportation for juveniles by Kitsap County Detention
staff.
Analysis:
We are extremely happy with the services/arrangements we have around
detaining Jefferson County youth in the Kitsap Youth Center. A closer
investigation around detention services took place in 2010 and resulted in our
continuing relationship with the Kitsap County Juvenile Court and added the
important benefit of transport.
Alternatives:
Not enter into this Agreement. Kitsap would refuse to serve detention youth from
Jefferson County.
Fiscal Impact:
The expenditures related to this relationship with Kitsap County are already
included in the 2010 budget of the Juvenile and Family Court.
Recommendation:
That the BaCC sign the 4 originallnterlocal Agreements as presented. I will
then send them to Kitsap County for signature.
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Reviewed by: .,{ (~/,i.( --/<_)C/
PbilfpMorley,~C6~~ty Admin~rator
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INTERLOCAL AGREEMENT
BETWEEN
KITSAP COUNTY AND JEFFERSON COUNTY
PROVISION OF JUVENILE DETENTION FACILITIES
Whereas, Kitsap County has and maintains a juvenile detention facility at the
Kitsap County Youth Services Center pursuant to RCW 13, et. seq;
Whereas, Jefferson County does not possess sufficient facilities to lodge youth
under the age of eighteen 18 who are alleged or adjudicated juvenile offenders, BECCA
contempt, or Dependency contempt youth pursuant to the laws of the State of
Washington;
Whereas, it will benefit both Kitsap County and Jefferson County by limiting
costs associated with the detention of Jefferson County youth and helping Kitsap County
to obtain revenue from beds that might otherwise sit empty;
Whereas, Kitsap County is a political subdivision of the State of Washington and
Jefferson County is also a political subdivision ofthe State of Washington;
Now, therefore, in accordance with the Inter-local Cooperation Act (RCW 39.34),
the counties of Kitsap and Jefferson enter into this agreement. The parties agree as
follows:
I. GENERAL CONDITIONS
A. Effective Date of Agreement. The effective date of this agreement shall
be upon execution of this agreement by the parties.
B. Length of Term. The term of this agreement is one year, commencing
upon the execution of this agreement, and terminating on December 31,
20 II unless cancelled by either party or modified by mutual agreement of
the parties.
C. Termination. This agreement may be terminated by either party upon
thirty (30) days written notice to the other party.
D. Completed Expression of Agreement and Modification. The parties agree
that this agreement is the completed expression of the terms hereto, and
any oral representations or understandings not incorporated herein are
excluded. Further, any modification of this agreement shall be in writing
and signed by both parties.
E. Contractor Administrator. This agreement shall be administered for
Kitsap County by William G. Truemper, Jr., Detention Manager for the
Kitsap County Juvenile Department, Kitsap County Youth Service Center,
1338 SW Old Clifton Road, Port Orchard, Washington, 98366 and by
Barbara Carr, Director of Juvenile Services for Jetlerson County, PO BOX
1220, Port Townsend, Washington 98368.
II. SPECIFIC TERMS AND CONDITIONS:
A. Detention. Kitsap County will provide secure custody/detention for
juveniles detained pursuant to RCW 13, et.seg., in accordance with the
rules, policies, and procedures governing the detention of juveniles.
B. Admission
(l) Youths who are not alleged or adjudicated offenders, CHIN's
contempts, ARY's contempts, or Dependency contempts, shall not
be referred for custody.
(2) Jefferson County shall certify, by the act of presenting a youth for
detention, that the youth is legally detainable. Kitsap County shall
bear no responsibility to screen referrals against Kitsap County
specific detention criteria, a true copy of which is attached hereto
and incorporated herein as Exhibit A, and legal standards for
detention. Jefferson County shall defend and hold Kitsap County
harmless for any legal action resulting from the detention of a
youth wrongfully presented by Jefferson County for detention and
shall pay any judgment assessed against Kitsap County for
wrongly detaining a Jefferson County youth.
(3) Prior to presenting a youth for detention, Jefferson County shall
contact the detention center and obtain verification that Kitsap
County will accept the youth for detention. All pertinent court
orders concerning a youth being presented for detention shall be
provided to the detention stall at the time the youth is presented for
detention. All known psycho-social history shall be conveyed in
writing to Detention Facility personnel.
(4) Any youth who is unconscious, intoxicated due to alcohol or drugs,
or gravely disabled will not be accepted into detention.
(5) Any youth with significant injuries, or who reports that he or she is
currently experiencing significant medical problems, may be
accepted in detention only when approved fit for detention by a
medical doctor or emergency room medical staff.
(6) Kitsap County will provide five (5) guaranteed beds to Jefferson
County. Of the five (5) guaranteed beds, Jefferson County will
reimburse Kitsap County for two (2) beds per day, whether
occupied or not by Jefferson County youth. Jefferson County will
additionally reimburse Kitsap County for the third (3rdth), fourth
(4th) and fifth (5th) guaranteed beds, if occupied by a Jefferson
County youth. Regarding those non-guaranteed beds, Kitsap
County reserves the right to release a Jefferson County youth
should overcrowding at the detention facility neccssitate such a
release. Jefferson County will make arrangements for pick-up of
such youth.
(7) Should a youth be rejected for admission or released from
detention, Jefferson County shall arrange within six (6) hours of
thc time when the youth was rejected or released, to pick up the
youth. The parties will take all reasonable steps to insure that the
pick-up is completed within six (6) hours but it shall not be a
breach of this agreement ifthe pick-up is not completed within that
six (6) hour time frame.
(8) Jefferson County shall, to the fullest extent practicable, provide all
information regarding its detainees as is routinely required by the
detention facility. Such information shall include any known
accommodation requirements for detainees pursuant to the
Americans with Disabilities Act and the information identified on
the detention facilities' Intake Assessment Record, a true copy of
which is attached hereto and incorporated herein by the reference.
III. TRANSPORTATION:
A. Jefferson County shall assume the financial responsibility for costs
necessary to secure emergent medical evaluations and/or treatment, or
transportation to support the reasonable necessary operational needs of the
Department.
B. Cost for transportation performed by Kitsap County staff under the
circumstances described in Section IIIA above shall be the Internal
Revenue Service mileage rate in effect at the time ofthe service performed
and $28.00 per hour.
C. Jefferson County will be providing transportation for detainees upon
release from custody for any reason.
D. Kitsap County will provide transportation of detainees to and from court
in Jefferson County and after arrest per the mutually agreed upon protocol
for the transport of youth after arrest and for court hearings.
E. Cost for transportation performed by Kitsap County staff under the
circumstances described in Section IIID above shall be the Internal
Revenue Service mileage rate in effect at the time the service is
performed.
F. Jefferson County shall arrange to pick up the detainee within six (6) hours
of notification ofthe release date and time from the detention center. The
parties will take all reasonable steps to insure that the pick-up is completed
""ithin six (6) hours of the release date and time but it shall not be a breach
of this agreement if the pick-up is not completed within that six (6) hour
time frame.
G. A detaince serving a sentence or commitment will not be held beyond
his/her sentence or commitment expiration date and time.
IV. MEDICAL TREATMENT
A. KITSAP COUNTY shall provide to JefTerson County detainees at no
additional charge those routine medical services that are provided to other
detainees for which the health care provider does not render a separate
billing for providing care to a specific individual.
B. JetTerson County shall reimburse Kitsap County for dental services,
prescription drugs, and for medical services for which a health care
provider renders a separate billing for providing care to a specitic
Jefferson County detainee.
C. Detention orders shall include language giving consent to emergency
medical treatment to the Detention Manager of Kitsap County Youth
Services Center.
D. In thc cvent that a JeiTerson County detainee is hospitalized, Kitsap
County will immediately contact Jefferson County Juvenile Department.
JetTerson County will determine and notify Kitsap County whether it
requires custodial security during the period of hospitalization. If
custodial security is required, Jefferson County will be responsible for the
cost of the custodial security provided.
V. FEES:
A. The basic fee for detention/custody shall be One Hundred Dollars
($100.00) per day, per detained youth.
B. A billable custody day shall be defincd as all or any part of any calendar
day.
C. Transport costs shall reimbursed at the Internal Revenue Service mileage
rate in effect at the time the service is performed.
VI. BILLINGS:
A. Kitsap County shall bill Jefferson County for detention costs on a monthly
basis, or at a time convenient to the financial management of Kitsap
County.
B. Bills for mileage related to transport shall be billed on a monthly basis and
on a bill separate from regular detention costs.
C. Jefferson County shall pay all billings in a timely manner, not to exceed
thirty (30) days from the date of billing.
VII. INSURANCE/HOLD HARMLESS:
A. Jefferson County is a member of the Washington Counties Risk Pool,
which provides joint self-insurance liability for its member Counties. In
fulfilling its obligation to maintain insurance coverage under this
agreement, Jefferson County shall give Kitsap County written notice thirty
(30) days prior to any modification of its full participation as a member
County in the Washington Counties Risk Pool.
B. Jefferson County agrees to defend, indemnify, and hold harmless Kitsap
County, its appointed and elected officials, employees or agents from and
against all liability, loss, cost, damage, and expense, including costs of
attorneys fees in defcnse thcrcof because of actions, claims or lawsuits,
alleging damages sustained by any person or property including death at
any time resulting therefrom, arising from, or alleged to have ariscn from
Jeffcrson County's performance of (or its alleged failure to perform) its
obligations under this agreement, Jefferson County's negligent act or
omissions rclated to this agreement or as a consequence of any wTongful
or ncgligent act or omission by a Jefferson County detainee.
C. Further, J etferson County hereby waives on its behalf any claims and
demands against Kitsap County and agrees to hold Kitsap County free and
harmless from all liability for costs of other person(s) from such loss,
damage or injury, caused by or arising from any act or omission of
Jefferson County, or any of its agents, employees, or elected officials,
together will all costs, judgments, reasonable attorneys fees and expenses
arising therefrom.
D. Kitsap County agrees to defend, indemnify, and hold harmless Jefferson
County, its appointed and elected officials, employees or agents from and
against all liability, loss, cost, damage, and expense, including costs of
attorneys fees in defense thereof because of aetions, claims or lawsuits,
alleging damages sustained by any person or property including death at
any time resulting therefrom, arising from, or alleged to havc arisen from
Kitsap County's performance of (or its alleged failure to perform) its
obligations under this agreement, Kitsap County's ncgligent act or
omissions related to this agreement or as a consequence of any wrongful
or negligent act or omission by Kitsap County.
E. Further, Kitsap County hereby waives on its bchalf any claims and
demands against Jefferson County and agrees to hold Jefferson County
frec and harmless from all liability for costs of other person(s) from such
loss, damage or injury, caused by or arising from any act or omission of
Ktisap County, or any of its agents, employees, or clccted officials,
together will all costs, judgments, reasonable attorneys fees and expenses
arising therefrom.
VIII. LEGAL REPRESENTATION OF DETAINEE:
Jefferson County shall be responsible for responding to detainees' request for
legal assistance or legal representation. If a Jefferson County detainee makes a
request for legal assistance or representation to a Kitsap County detention officer,
or elected or appointed oflicial while detained in the Kitsap County facility,
Kitsap County shall be responsible for notifying Jefferson County as soon as
practicable.
IX. APPLICATION OF DETENTION RULES:
Kitsap County Detention Rules and Practices shall be applicable, except in cases
of contlict with this agreement. In the event of such conflict, this agreement will
control.
X. RELEASE FROM DETENTION:
A. Any Jefferson County detaince shall be released, upon demand, to any
Jefferson County law enforcement officer or officer of the Jefferson
County Juvenile Court.
B. Any Jefferson County detainee shall be released upon written direction or
verified verbal direction of the Jefferson County Juvenile Court or officer
thereof.
XI. NON-DETENTION CUSTODY SERYICES:
Non-detention custody services shall not be affected by this agreement. Court
services, probation services, or the like, shall continue to be the responsibility of
Jefferson County and are not subject to this agreement.
XII. FILING:
The parties will file this agreement with their respective County Auditors Office
and with the Secretary of the State of Washington pursuant to Chapter 39.34
RCW.
In witness thereof, the parties hereto have approved and executed this agreement, this
day of 2011 .
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY
Commissioner Phil Johnson
Commissioner John Austin
Commissioner David Sullivan
Attest:
LORNA DELANEY, Clerk of the Board
Approved as to form only:
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Jefferson County Prosecutor'iOffice
In witness thereof, the parties hereto have approved and executed this agreement, this
day of , 20 I I .
KITSAP COUNTY BOARD OF COMMISSIONERS
CHARLOTTE GARRIDO, Chair
STEVE BAUER, Commissioner
JOSH BROWN, Commissioner
ATTEST:
DANA DANIELS, Clerk ofthe Board