HomeMy WebLinkAbout120919_ca05 Consent Agenda
Juvenile Services
Jefferson County
Board of County Commissioners
Agenda Reque
To: Bo• d .f C. my .mmissioners
From: B:rb- P, Juvenile Court Administrator
Date: De em i - 2019
Subject: Amen. ent 1 to Interlocal Agreement between Kitsap County
And Jefferson County#075-19 — Detention Facilities
Statement of Issue:
Kitsap County provides secure detention services for Jefferson County Juvenile
and Family Court Services. This amendment 1 to the Interlocal Agreement#075-
19 executed in January of 2019, extends the contract arrangement between
Kitsap County and Jefferson County for juvenile secure detention services.
Analysis:
None.
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 2020 budget of the Juvenile and Family Court.
Recommendation:
That the BOCC sign the 3 original Amendment documents as presented. I will
then send th-.• to Kitsap County for signature.
Reviewed . �� _�/ 7. iE /2L47--
-
C-Tr Morle y , •••- - -tor
KC-075-19A
FIRST CONTRACT AMENDMENT
This CONTRACT AMENDMENT is entered into by Kitsap County, a Washington
state political subdivision, having its principal offices at 614 Division Street, Port
Orchard, Washington 98366 ("County") and Jefferson County , a Washington state
political subdivision, having its principal offices at 1820 Jefferson Street, Port Townsend,
WA 98368 ("Contractor").
In consideration of the mutual benefits and covenants contained herein, the parties
agree that their Contract, numbered as Kitsap County Contract No. KC-075-19, and
executed on February 25, 2019, shall be amended as follows:
1. Term: The contract term shall extend to terminate on December 31, 2020.
Except as expressly provided in this Contract Amendment, all other terms and conditions
of the original Contract, and any subsequent amendments, addenda, or modifications
thereto, remain in full force and effect.
This amendment shall be effective upon execution by the parties.
Dated this day of , 2019 Dated this day of , 2020
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON
KATE DEAN, CHAIR CHARLOTTE GARRIDO, CHAIR
DAVID SULLIVAN, COMMISSIONER ROBERT GELDER, COMMISSIONER
GREG BROTHERTON, COMMISSIONER EDWARD E. WOLFE, COMMISSIONER
ATTEST: ATTEST:
f4 1v —t" i- qt,/K Dana Daniels, CLERK OF THE BOARD
Approved as to form only:
C: //21,4 /Wr/
Philip C. Hunsucker Date
CHIEF CIVIL DEPUTY PROSECUTING ATTORNEY
KC-075-19
AGREEMENT FOR PROVISION OF JUVENILE DETENTION FACILITIES
BETWEEN KITSAP COUNTY AND JEFFERSON COUNTY
This AGREEMENT FOR THE PROVISION OF JUVENILE DETENTION FACILITIES
("Agreement") is entered between Kitsap County and Jefferson County, both political
subdivisions of Washington State.
RECITALS
WHEREAS, Kitsap County is authorized by law to operate the Kitsap County Juvenile Detention
Facility("Detention Facility")to confine juvenile offenders;
WHEREAS, Jefferson County does not possess sufficient facilities to confine juvenile offenders,
BECCA contempt, or dependency contempt youth pursuant to the laws of the State of
Washington;
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; and
WHEREAS, Kitsap County and Jefferson County have determined that it would be mutually
beneficial to the parties to enter into this Agreement.
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 provided 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 "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.
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1.4 "Booking" means the process in which the Juvenile's personal data is recorded, the
Jefferson County Representative confirms the Juvenile's identity and the lawful basis for
confinement, and any other screening process routinely required by the Detention Facility
prior to Admission.
1.5 "Jefferson County Representative" means an authorized member of the Jefferson County
Sheriff's Office or other authorized representative of Jefferson County.
1.6 "Detention Facility"means Kitsap County Juvenile Department Detention Facility.
1.7 "Detention Manager"means the Manager of the Kitsap County Juvenile Detention Facility
or his/her designee.
1.8 "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 his/her 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.
1.9 "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
violation of a law for which confinement of a juvenile is lawful.
SECTION 2 SERVICES
2.1 This Agreement is limited to the detention of juveniles for offenses which are within the
jurisdiction of, and charged within, Jefferson County.
2.2 Kitsap County agrees to accept Juveniles for confinement in the Detention Facility and
Jefferson County agrees to compensate Kitsap County for such services as provided in
this Agreement.
2.3 Reserved Bed Space. Kitsap County agrees to reserve two (2) detention beds for Jefferson
County's use. Jefferson County agrees to pay Kitsap County the bed-day rate for the
two (2) reserved detention beds regardless of use. If space if available, Kitsap County
will make additional beds available to Jefferson County on an as needed basis.
2.4 Kitsap County will provide the Juveniles confined in the Detention Facility with access to
the same education, medical, dental, and other services provided to other juveniles
confined in the Detention Facility as required by law and Kitsap County policy and
procedures.
Page I 2
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.
2.6 Juveniles Exceeding 18 years. Upon the prior written request from Jefferson County, Kitsap
County may continue to confine Jefferson County's Juveniles in the Detention Facility
beyond the age of 18 years, but in no event older than 21 years of age.
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
Juveniles, or any other person, for confinement in the Detention Facility at any time and for any
reason whatsoever.
2.8 Non-Detention Services. Court services, probation services, or the like, shall continue to be the
sole responsibility of Jefferson County and are not subject to this Agreement.
SECTION 3 TERM
This Agreement shall commence on the date last signed by both parties ("Effective Date") and
terminate on December 31, 2019, unless terminated or extended. This Agreement may be extended
for additional consecutive one (1) year periods at the mutual written agreement of the parties, not to
exceed a total of Five (5) years. Neither party has an obligation to extend this Agreement.
SECTION 4 TERMINATION
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 reasons 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.
SECTION 5 RESERVED BEDS, COMPENSATION AND BILLING
5.1 Reserved Bed Space. Kitsap County agrees to reserve two (2) detention beds for Jefferson
County's use. Jefferson County agrees to pay Kitsap County the bed-day rate for the two (2)
reserved detention beds regardless of use.If space if available, Kitsap County will additionally
make other beds available for use by Jefferson County on an as needed basis.
5.2 Bed-Day Rate/Housing. Jefferson County shall pay Kitsap County a basic fee of One
Hundred Dollars ($100.00) for every bed-day reserved, and for every additional bed-day used
by Jefferson County.
5.3 Method of Billing. Kitsap County will invoice Jefferson County monthly for amounts due
Kitsap County under this Agreement for 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). 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.
Page I 3
5.4 Annual Increase. The bed-day rate shall be increased annually by one hundred percent (100%)
of that percentage increase set forth 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 for the prior 12- month period ending in
December; provided, however, the increase shall not be more than six percent (6%) of the
amount for the prior year.
5.5 Other Costs. Jefferson County shall promptly pay all other costs, including those for
Additional Health Care Services to Kitsap County or third parties as provided herein.
SECTION 6 PRESENTATION AND ADMISSION
6.1 Prior Verification. Prior to presenting a Juvenile for confinement, Jefferson County 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,the Jefferson County
Representative shall remain at the Detention Facility with the Juvenile and comply with all
requirements of this Section 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 he/she is currently experiencing
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. Jefferson County is at all times solely responsible for determining that all
Juveniles presented by Jefferson County Representatives to Kitsap County for confinement are
lawfully detained and confined, and certifies the same by the act of presenting the Juvenile
for confinement to the Detention Facility. Jefferson County shall defend, indemnify and hold
Kitsap County harmless as provided herein for any claim or action 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, the
Jefferson County's Representative shall provide the Detention Facility staff with the following:
A. Duration/Conditions: provide copies of all records in the County's possession
pertaining to the Juvenile's confinement, which includes without limitation, all
relevant court orders which identify the duration and other terms of confinement.
Page}4
B. Emergency Medical Treatment: ensure the order of confinement contains
authorization for Director of Kitsap County Juvenile Detention Facility to provide the
Juvenile emergency medical treatment.
C. Intake Assessment: provide all information requested on the Detention Facility Intake
Assessment attached hereto as Exhibit A.
D. 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.
E. 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.
F. Drugs/Alcohol: inform the Detention Facility staff of all information known about the
Juvenile's alcohol and drug usage (current and historical).
G. ADA Accommodations: inform the Detention Facility an staff of known
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accommodation needs of the Juvenile consistent with the requirements of the
Americans with Disabilities Act.
H. Other Information: provide all relevant information available regarding the Juvenile
and such other information/documentation as routinely required by the Detention
Facility.
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 from the Detention Facility will be deemed to be abandoned
and automatically become the property of Kitsap County without the requirement of further court
action.
6.8 Notice. If a youth is incarcerated by another law enforcement agency on a warrant issued by
Jefferson County, Kitsap County will use reasonable efforts to advise Jefferson County.
SECTION 7 LEGAL REPRESENTATION- JUVENILE
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 will notify
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Jefferson County of any requests for legal assistance or legal representation made by a Juvenile to a
Kitsap County detention officer.
SECTION 8 TRANSFER AND RELEASE
8.1 Release. The Juvenile may be released from confinement from the Detention Facility as
provided below.
A. Request byJefferson County. The Juvenile
maybe released to the Jefferson
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Ave
County'sP Representative upon written directionorverified verbal direction from the
Jefferson County's Representative.
B. Court Order/Bail. The Juvenile may be released by valid court order or posting of bail.
C. Treatment. The Juvenile may be released due to medical, mental health, dental
treatment or any other health care services not available within the Detention Facility.
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
persons from the Detention Facility will be at the sole discretion of Kitsap County. In
such cases, Kitsap County will provide Jefferson County reasonable notice of the
removal and shall exercise reasonable care for the safekeeping and custody of the
Juvenile(s) so removed.
8.2 Resumption of Custody. Jefferson County shall be deemed to have resumed custody of the
Juvenile upon Kitsap County's presentation of the Juvenile to Jefferson County, or upon the
Jefferson County's Representative taking physical control of the Juvenile.
SECTION 9 TRANSPORTATION AND SECURITY
9.1 Transportation. Unless otherwise agreed, Jefferson County shall be responsible for all
transportation of Juveniles, which includes the delivery and pickup of the Juvenile(s) for all
purposes under this Agreement.
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 to Jefferson County.
9.3 Reimbursement — Transportation/Security. In the event that Kitsap County provides the
transportation, regardless of the reason, Jefferson County shall be required to 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 reasonable
necessary operational needs of the Detention Facility. The cost for transportation and custodial
security time performed by Kitsap County staff shall be the Internal Revenue Service mileage
rate in effect at the time of the service performed and the current cost to provide a detention officer
(currently$40.14 per officer per hour).
Page 6
SECTION 10 HEATH CARE
10.1 Services Provided. Upon 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 billing for providing such service to a detainee.
Services for which a separate billing is provided are considered Additional Health Care
Services.
10.2 Reimbursement. Jefferson County shall reimburse Kitsap County 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.
10.3 Hospitalization. In the event a Juvenile is hospitalized, Kitsap County will advise Jefferson
County. Jefferson County will advise Kitsap County if Jefferson County will be providing the
security or requests Kitsap County to do so. If Jefferson County is to provide the custodial
security, the Juvenile shall be released to the custody of Jefferson County. Jefferson County
shall be responsible for reimbursing Kitsap County for all costs associated with the
transportation and custodial security,as provided in Section 9.
10.4 Emergency/Non-emergent Care (outside) Facility. Kitsap County will use reasonable efforts to
notify Jefferson County within four (4) business hours of transport (Monday- Friday, 9am —
5pm) 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. 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, or from the Juvenile, his or her parent/guardian, or any other responsible
third-party.
SECTION 11 INSURANCE AND INDEMNIFICATION
the Insurance. Kitsap County and Jefferson County shall maintain, throughout 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 Indemnification. Jefferson County agrees to defend, indemnify and hold harmless Kitsap
County, its appointed and elected officials, employees and agents from and against all liability,
loss, cost,damage and expense whatsoever,including costs and attorney's fees in defense thereof
because of actions, claims or lawsuits alleging damages sustained by any person or property
including death at any time resulting thereof, arising from or alleged to have arisen from: i)
Jefferson County's performance under this Agreement or as a consequence of any wrongful
or negligent acts or omission of Jefferson County, its appointed and elected officials,
employees and agents; ii) the wrongful detention of a Juvenile as a result of Jefferson
County's actions or failure to act; and/or iii) failure or refusal to timely release a Juvenile as
Page 17
a result of Jefferson County's actions or failure to act.
11.3 To the extent the claim, damages, losses and expenses are cause by intentional acts of or by the
concurrent negligence of Kitsap County, its officers, agents, or employees, Jefferson County's
indemnification obligation hereunder shall be limited to Jefferson County's proportionate share
of liability as agreed to by the parties to this Agreement or determined by a court of competent
jurisdiction.
11.4 Kitsap County agrees to defend, indemnify and hold harmless Jefferson County, its appointed
and elected officials, employees and agents from and against all liability, loss, cost, damage
and expense including costs and attorney's fees in defense thereof because of actions, claims or
lawsuits alleging damages sustained by any person or property including death at any time
resulting thereof, arising from, or alleged to have arisen from: i) Kitsap
County's performance under this Agreement or as a consequence of any wrongful or
negligent acts or omission of Kitsap County, its appointed and elected officials, employees and
agents; ii) wrongful detention of a Juvenile as a result of Kitsap County's actions or failure to
act; and/or iii)Kitsap County's failure or refusal to timely release a Juvenile.
11.5 To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the
concurrent negligence of Jefferson County, its officers, agents, or employees, Kitsap County's
indemnification obligation hereunder shall be limited to Kitsap County's proportionate share
of liability as agreed to by the parties to this Agreement or determined by a court of competent
jurisdiction.
11.6 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, and
acknowledges that this waiver was mutually agreed upon by the parties.
11.7 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 based 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
County 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 at all times 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 GOVERNING LAW
Governing Law/Venue. 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.
Page8
SECTION 13 CONTRACT REPRESENTATIVES
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 party'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:
County: Michael S. Merringer
Director
Kitsap County Juvenile and Family Court Services
Kitsap County Juvenile Service Center
1338 SW Old Clifton Road
Port Orchard, WA 98367
Jefferson County: Barbara L. Carr
Director
Jefferson County Juvenile and Family Court Services
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368-0920
SECTION 14 NON-DISCRIMINATION
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.
SECTION 15 INDEPENDENT CONTRACTOR
For all purposes, each party will act in its individual capacity and not as an agent, employee, partner,
joint venture, or associate of the other. An employee, agent, or subcontractor of one party shall not
be deemed or construed to be the employee, agent or subcontractor of the other for any purpose
whatsoever including responsibility for any federal or state tax, industrial insurance or social security
liability.
SECTION 16 ACCESS AND RECORDS
16.1 Access - Detention Facility. Jefferson County shall have the right to inspect, at mutually
agreeable times, the Detention Facility in order to confirm 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.
16.2 Access to Juveniles. Jefferson County law enforcement shall have the right to interview
Juveniles at any reasonable time within the Detention Facility and the option to use the
Detention Facility interview rooms.
16.3 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 Kitsap County for all
Page9
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, including insurance information, regarding a Juvenile with Jefferson County as
authorized by law.
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 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 payment of a billing or
continued performance, after notice of a deficiency in performance, constitutes acquiescence
thereto.
17.3 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.
17.4 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.
17.5 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.
17.6 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 term 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.
17.7 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.
17.8 No Waiver. Either party'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.
17.9 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.
Page 110
•
17.10 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.
17.11 Counterparts. 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.
17.12 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, Sections 5
(Compensation and Billing); 6 (Presentation and Admission); 9 (Transportation and Security);
10 (Health Care); 11 (Insurance and Indemnification); 12 (Governing Law); 15 (Independent
Contractor) and 17 (General Provisions).
17.13 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 representative of the party. 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.
(Signatures on next page)
Page 11l
Approved and executed on this day of 2019
JEFFERSON COUNTY WASHINGTON‘,..?
Board of County Commissioners
Jefferson County, Wagfington
By:
David Sullivan((pow ckft. Date ( 7 t
By. ,
re:'otherton, Commissioner Date t 1
By:
Kate ean. (VOi( Date y • e C
SEAL:
ATTEST:
C
Erin Lundgren, Clerk of the Board
Date
Approved as to form only:
0///'
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Approved and executed this 14 day of cf..e. x,31 2019
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
idgaiogitc.
ATTEST: __ 4,0,,. Re hEDWARD E.WOLFE, Chair
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%t4 '' `. CHARLOTTE GARRIDO, Commissioner
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Dana Darnels ROBERT GELDER, Commissioner
Clerk of the Board
Page 113
EXHIBIT A
DETENTION FACILITY INTAKE ASSESSMENT
Page 1 14
•
HEALTH SERVICES INTAKE SCREENING FORM Date: Time:
Juvenile Name: Age:
Legal Guardian: Phone:
Address:
DOB: Sex: POB: Ethnicity: JCS#:
Hgt: Wgt: Hair Eyes:
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:
5. 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.(ScarslMarkslTattoos:) 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 1 0/24/1 8 - 1 -
a 6
EXHIBIT B
PARENTAL CONSENT FOR MEDICAL TREATMENT
Page s 15
KITSAP COUNTY JUVENILE DETENTION CENTER
HEALTH SERVICES
Parental Consent for Medical Treatment
I, ,parent/legal guardian of ,a
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. •
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-I also agree to be financially responsible for any and all 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,Bretherton,(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 webpaqe 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 1 0/24/1 8 -2 -