HomeMy WebLinkAboutInterlocal re Juvenile Detention Consent Agenda
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Shannon Burns
DATE:
RE: Interlocal Agreement between Kitsap County
and Jefferson County—Detention Facilities
STATEMENT OF ISSUE:
Kitsap County provides secure detention services for Jefferson County Juvenile and Family
Services. This Interlocal Agreement for 2024 reflects an"as needed" contract for beds in
standard detention.
ANALYSIS:
Our contractual arrangement with Kitsap County for detention services is one that we are
happy to continue. Kitsap County has kept their cost-per-bed at a minimal charge and has a
history of providing mental health, substance abuse, medical care and educational services
with the utmost care. This current contract reflects an"as needed" agreement charging $150
per day for standard detention of Jefferson County Youth.
FISCAL IMPACT:
Funds are included in my 2024-2025 budget.
RECOMMENDATION:
That the Board sign the contract with Kitsap County for standard detention beds at Kitsap
Youth Center as presented.
/,zs
Mark McCbfey, County Admi 'strato Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Kitsap County Contract No: KC-2024
Contract For: Juvenile Detention Facility Term: January 1,2024-December 31, 2024
COUNTY DEPARTMENT: Juvenile and Family Court Services
Contact Person: Shannon Bums
Contact Phone: (360)385-9190
Contact entail: sbums@co.jefferson.wa.us
AMOUNT: As Needed: $150 per day per bed use PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: up to$55,000 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 COM IANCE WITH .ICC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: F N/A:❑ �L4 t 3e Z
Signature It liate
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT EEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: F N/A: F t/.?C) Z�
Signature I Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 11/30/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 11/30/2023.
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
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KC-064-24
AGREEMENT FOR PROVISION OF JUVENILE DETENTION FACILITIES
BETWEEN KITSAP COUNTY AND JEFFERSON COUNTY
This Agreement is for the provision of Juvenile Detention Facilities ("Agreement") is entered into by and
between Kitsap County ("Kitsap") and Jefferson County ("Jefferson"), both political subdivisions of
Washington State.
RECITALS
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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;
WHEREAS, Kitsap County has space available in its Detention Facility and is amenable to making such
space available to confine Jefferson's juvenile offenders, pursuant to the lawful authority of Jefferson, for
a rate of compensation as mutually agreed to by the parties;and j
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WHEREAS, Kitsap County and Jefferson County have determined that it would be mutually beneficial to j
the parties to enter into this Agreement.
AGREEMENT
NOW, THERE-FORE, in consideration of the foregoing recitals which are incorporated herein by this
reference,the parties agree as follows:
SECTION I DEFINITIONS
I.I. "Admitted" or" Admission"of the Juvenile by Kitsap will occur when the Detention Facility staff
has advised Jefferson'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'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.
1.4. "Booking" means the process in which the Juvenile's personal data is recorded, Jefferson's
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.
I.S. "Jefferson Representative"means an authorized member of the Jefferson County Sherriff's Office
or other authorized representative of Jefferson County.
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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 I
his/her designee.
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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 fi►nctioning 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.
1.10. "Partial Bed-Day"means any consecutive period of time of 12 hours or less during which a Juvenile
is in the custody of the Kitsap County Juvenile Detention Facility,which includes Booking.
SECTION 2 SERVICES
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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 agrees to accept Juveniles for confinement in the Detention Facility and Jefferson agrees to j
compensate Kitsap for such services as provided in this Agreement.
2.3. Confinement of a Juvenile will not exceed thirty(30)consecutive calendar days,unless otherwise
agreed to by the County on a case-by-case basis.
2.4. Kitsap 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. f
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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 Exgedina 18 Years. Upon the prior written request from Jefferson,Kitsap may continue
to confine Jefferson's Juveniles in the Detention Facility beyond the age of 18 years,but in no event I
older than 21 years of age. j
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2.7. Right of Refusal. Kitsap at all times and for all purposes under this Agreement retains the absolute
right in its sole discretion to reject,limit,or revoke the acceptance of any or all Juvenile(s),or any
other person,for confinement in the Detention Facility at any time and for any reason whatsoever. f
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2.8. Non-Detention Services. Court services, probation services, or the like, shall continue to be the
sole responsibility of Jefferson and are not subject to this Agreement.
SECTION 3 TERM
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This Agreement shall commence oil January 1, 2024, and terminate on December 31, 2024, unless
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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 three(3)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 sixty(60)
days prior written notice to the Contract Representative of the other party. The notice shall identify the
specific plan for accommodating the removal of the Juveniles affected by the termination In the event of
termination, Jefferson shall at its own expense, transport the Juveniles from the Detention Facility on or
before the effective date of the termination.
SECTION 5 COMPENSATION AND BILLING
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5.1. Bed-Day Rate/Housing. Jefferson shall pay Kitsap a basic fee of One Hundred Fifty Dollars
($150.00)per bed-day for every Juvenile confined in the Detention Facility,
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5.2. Partial Bed-Day Rate. Jefferson shall pay Kitsap a partial bed-day fee of Seventy-five Dollars
$75.00 per partial bed-day for every Juvenile confined in the Detention Facility. j
5.3. Method of Blllin�. Kitsap will invoice Jefferson monthly for amounts due Kitsap under this
Agreement for services provided in the previous month. Such fees shall be due and payable by i
Jefferson 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 shall be responsible for the payment of all collection costs, including
reasonable attorney fees,associated with the collection of late payments.
5.4. Annual Increase. The bed-day and partial 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-Bellevue 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 shall promptly pay all other costs, including those for Additional Health
Care Services to Kitsap or third parties as provided herein.
SECTION 6 PRESENTATION AND ADMISSION
6.1. Prior Verification. Prior to presenting a Juvenile for confinement, the Jefferson 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 Managerto 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 the Kitsap 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.
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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 P Y P g
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 is at all times solely responsible for determining that all Juveniles presented
by the Jefferson Representative to Kitsap 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 shall defend, indemnify, and hold Kitsap harmless as provided herein for any claim or j
action resulting from the detention of a Juvenile wrongfully presented by Jefferson, or its
representative,to Kitsap for confinement.
6.5. Intake Assessment. When presenting a Juvenile to the Detention Facility for confinement, the
Jefferson Representative shall provide the Detention Facility staff with the following:
A. Duration/Conditions — provide copies of all records in the possession pertaining to the
Juvenile's confinement,which includes without limitation,all relevant court orders which
identify the duration and other terns of confinement. '
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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.
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C. Intake Assessment —provide all information requested on the Detention Facility Intake I
Assessment attached hereto as Exhibit A.
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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 tine Detention t
Facility.See Exhibit B-Parental Consent for Medical Treatment. Jefferson 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 the
Jefferson'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 staff of any known accommodation
needs of the Juvenile consistent with the requirements of the Americans with Disabilities
Act.
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H. Information —provide all relevant information available regarding the Juvenile and such
other information/documentation routinely required by the Detention Facility.
6.6. Admission. The Jefferson 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.
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6.7. Personal Property. Upon Admission of the Juvenile for confinement,Kitsap 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 County. Any
personal property not removed from the Detention Facility by the Juvenile upon the Juvenile's
release frorn the Detention Facility will be deemed to be abandoned and automatically become the
property of the Kitsap without the requirement of further court action.
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6.8. Notice. Kitsap will use reasonable efforts to advise Jefferson if a Juvenile is being detained by
another law enforcement agency on a warrant issued by the Jefferson.
SECTION 7 LEGAL REPRESENTATION-JUVENILE
Jefferson shall be responsible for responding to requests for legal assistance or legal representation made i
by the Juvenile confined in the Detention Facility. Kitsap will notify Jefferson of any requests for legal
assistance or legal representation made by a Juvenile to a Kitsap 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 by Jefferson. The Juvenile may be released to the Jefferson Representative upon i
written direction or verified verbal direction from the Jefferson Representative.
B. Court Order/Bai:l. The Juvenile may be released by valid count 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 personnel. The decision to release or remove persons from the Detention
Facility will be at the sole discretion of Kitsap. In such cases, Kitsap will provide Jefferson
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 shall be deemed to have resumed custody of the Juvenile upon
Kitsap's presentation of the Juvenile to Jefferson, or upon a Jefferson Representative taking
Physical control of the Juvenile.
SECTION 9 TRANSPORTATION AND SECURITY
9.1. Transportation. Unless otherwise agreed, Jefferson shall be responsible for all transportation of
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Juveniles, which includes the delivery and pickup of the Juveniles for all purposes under this
Agreement.
9.2. Release. A Jefferson 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 receives
notice from Kitsap of the Juvenile's release. Notice for this purpose may be a written or oral notice i
from the Detention Facility to Jefferson. i
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9.3. Reimbursement - Transportation/Security, In the event that Kitsap provides the transportation,
regardless of the reason, Jefferson shall be required to reimburse Kitsap for all costs of
transportation and associated security incurred by Kitsap to secure emergent medical evaluations, !
emergency treatment and to support the reasonable necessary operational needs of the Detention I
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Facility. The cost for transportation and custodial security time performed by Kitsap staff shall be i
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).
SECTION 10 HEATH CARE j
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10.1. Services Provided. Upon Kitsap's Admission of the Juvenile, Kitsap will provide the Juvenile at M
no additional charge the routine medical services that are readily available to other detainees from
Kitsap's in-house third-party health care provider for which the health care provider does not render j
a separate billing for providing such service to a detainee. Services for which a separate billing is
provided are considered Additional Health Care Services. !
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10.2. Reimbursement. Jefferson sliall reimburse Kitsap for its proportion of all Additional Health Care j
Services and associated costs and expenses in providing such services to a Juvenile. i
Reimbursement shall be paid directly to Kitsap or third parties,as directed by Kitsap.
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10.3. Hospitalization. In the event a Juvenile is hospitalized, Kitsap will advise Jefferson. Jefferson's '.
Representative will advise Kitsap if Jefferson will be providing the security or requests Kitsap to
do so. If Jefferson is to provide the custodial security,the Juvenile shall be released to the custody
of Jefferson. If Kitsap agrees to provide the custodial security for the Juvenile,Jefferson shall be
responsible for reimbursing Kitsap for all costs associated with the transportation and custodial
security,as provided in Section 9.
10.4. Emergency/Non-emergent Care(outside)FacilityNotification. Kitsap will use reasonable efforts
to notify Jefferson within four (4) business hours of transport (Monday- Friday, 9ani- 5pm) of
emergent care for a Juvenile outside the Detention Facility. For non-emergent care outside of the
facility,Kitsap will use reasonable efforts to notify Jefferson before noon on the next business day
after the transport occurs. Lack of notice will not relieve Jefferson 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
11.1. Insurance. Kitsap and Jefferson shall maintain, throughout the term of this Agreement, insurance
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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 and
Jefferson against loss, and as ordinarily carried by municipalities engaged in similar operations. f
Upon request of the other party,Kitsap and Jefferson shall provide evidence of liability coverage. j
11.2. Indemnification. Jefferson agrees to defend, indemnify and hold harmless Kitsap, 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, j
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's performance under
this Agreement or as a consequence of any wrongful or negligent acts or omission of Jefferson,its
appointed and elected officials,employees and agents;ii)the wrongful detention of a Juvenile as a
result of Jefferson's actions or failure to act;and/or iii)failure or refusal to timely release a Juvenile 1
as a result of Jefferson'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's
indemnification obligation hereunder shall be limited to Jefferson'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 agrees to defend,indemnify and hold har•rnless Jefferson,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 b an person or property including death at an time resulting thereof,arising from or i
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alleged to have arisen from: i)Kitsap'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's actions or failure
to act;and/or iii)Kitsap County's failure or refusal to timely release a Juvenile. i
11.5. To the extent the claim, damages,losses and expenses are caused by intentional acts of or by the i
concurrent negligence of Jefferson, its officers, agents, or employees, Kitsap's indemnification
obligation hereunder shall be limited to Kitsap County's proportionate share of liability as agreed
to by the patties to this Agreement or determined by a court of competent jurisdiction.
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11.6. Solely for the purposes of this indemnification provision,Jefferson expressly waives any immunity
derived fr•orn Title 51 (Industrial insurance) of the Revised Code of Washington or Jefferson's
equivalent thereof,and acknowledges that this waiver was mutually agreed upon by the parties.
11.7. Obligations/Notice of Claim. Kitsap will provide Jefferson notice of the assertion of liability by a
third party that may give rise to a Claim by Kitsap against Jefferson based on the indemnity
contained herein. Jefferson shall promptly advise Kitsap in writing,which shall in no event exceed j
14 calendar days from the notice date, whether Jefferson accepts or denies tender of the claim.
Jefferson shall reimburse Kitsap for all fees and costs of defense whether incurred before or after i
the notice of claim. Jefferson shall keep Kitsap timely and fully informed through all stages of the i
defense and promptly respond to and comply with County's requests for information. Kitsap 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's indemnity and defense obligations under the Contract.
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SECTION 12 GOVERNING LAW
Governing Law/Venue, The Agreement,and the Juvenile(s)confined under this Agreement,shall be made
wider,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 a
this Agreement shall be instituted and maintained only in a court ofcompetent jurisdiction in Kitsap County,
Washington or as provided by RCW 36.01.050.
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SECTION 13 CONTRACT REPRESENTATIVES
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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 f
addressed to the Contract Representative as follows:
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Michael S.Merringer,Director
Kitsap County Juvenile and Family Court Services
1338 SW Old Clifton Road 1
Port Orchard,WA 98367 i
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Jefferson: i
Barbara L.Carr,Director
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Jefferson County Juvenile and Family Court Services j
1820 Jefferson Street !
PO Box 1220
Port Townsend,WA 98368-0920
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SECITON 14 NON-DISCRIMINATION
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The parties in the performance of this Agreement shall not discriminate against any person on the basis of i
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. '
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SECTION 15 INDEPENDENT CONTRACTOR
For all ptnposes,each party will act in its individual capacity and not as an agent,employee,partner,joint
venture, or associate of the other. An cmployce, 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
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16.1. Access—Detention Facility. Jefferson shall have the right to inspect, at mutually agreeable times,
the Detention Facility in order to confirm Kitsap maintains standards acceptable to Jefferson and
that its detainees are treated appropriately. Kitsap agrees to manage, maintain and operate its
Detention Facility consistent with applicable federal,state and local laws.
16.2. Access to Juveniles. Jefferson 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
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rooms.
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16.3. Records. Kitsap agrees to maintain a system of record keeping relative to the booking and
confinement of each Juvenile consistent with the record keeping by Kitsap for al I other detainees.
Kitsap will keep records of all medical,mental health or dental services it provides to a Juvenile as
required by law. Kitsap agrees to share all information,including insurance information,regarding
a Juvenile with Jefferson as authorized by law,
SECTION 17 GENERAL PROVISIONS
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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 foil i
performance on any occasion shall not constitute consent to or waiver of any continuation of I
nonperformance or any later nonperformance; nor does payment of a billing or continued j
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.
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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. i
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17.5. Ass ignment/Delegation. Neither party may assign or delegate its rights, nor its responsibilities j
under this Agreement to a third patty,without the prior written consent of the other party. Any
purported assignment or delegation in violation of the subsection is void.
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17.6. ..everability. 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.
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17.7. Third-Patty Beneficiary. Nothing under this Agreement shall be construed to give any rights or
benefits in the Agreement to anyone other than Kitsap and Jefferson, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole arid exchisive benefit of i
Kitsap and Jefferson,and not for the benefit of any other party.
17.8. No Waiver. Either parry's failure to insist on strict performance of any term or condition of the i
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
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this Agreement are hereby revoked and superseded.
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/Electronic Signatures._tures. 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.
17.12. 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.
Approved and Executed this_of ,2023 Approved and Executed this2-1 ofNov,c *2023
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY,WASHINGTON KITSAP C�WAS�N
GREG BROTHERTON,Chair CHARLOTT GARRIDO,Chair
KATE DEAN,Commissioner KATHERWE T.WALTERS,Commissioner
HEIDI EISENHOWER,Commissioner CHRISTINE ROLFES,Commissioner
ATTEST: ATTEST: 3��D4 rr-&y
Dana Daniels,Clerk of the Board
Approved as to f,onn only:
it
0=C November 30,2023
Philip C. Hunsucker -- �'(AT�••�stP
Chief Civil Deputy Prosecuting Attorney �kN°Q
Jefferson County • °
• .�tl
Page 10 of 12 •00, N� y�j
EXHIBIT A
DETENTION FACILITY INTAKE ASSESSMENT
Juvenile Name: DOB: JCS#:
Address Phone:
Legal Guardian: LG DOB:
Address: LG Phone:
Examiner's Observations
Vitals: Temp: Height Weight
1. Consciousness concerns (e.g. unable to speak smoothly I with coherent thought) Yes No
Describe:
2. Signs of drug or alcohol withdrawals (e.g. seizure, shakes, pinpoint pupils,vomiting) Yes No
Last alcohol or substance use (what/when):
3. Injury/trauma concerns(e.g. sign of head injury or open wounds) Yes No
Describe:
4. Breathing concerns(e.g. unable to complete sentences,or alters posture to breath) Yes No
Describe:
5. Infection concerns(no fever, night sweats,weight loss, cough, vomiting,diarrhea) Yes No
Describe:
6. Acute skin concerns (e.g. spreading rash, swelling, discharge, needle marks) Yes No
Describe:
7. Currently pregnant Yes No
First day of last period.,
-+ If"Yes"to any, follow ER protocol and inform on-call PCHS medical provider that day
S. Acute behavioral concerns (e.g. suicidal ideation or assauitive) Yes No
Describe:
4 !f"Yes", follow ER protocol and inform County Behavioral Health Provider that day
9. PHYSICAL HEALTH CONCERNS: (Circle any/ that apply) Yes No
Asthma, Diabetes Seizures, Kidney/Liver problems, HIV, TB, hepatitis)
10 MENTAL HEALTH CONCERNS: (Circle any/all that apply) Yes No
(Bipolar, Eating disorder, PTSD, Psychosis, Overdose history, Suicidal ideation
11. Food, Drug, Latex Allergies (list below) Yes No
Allergy: Reaction
Alter Reaction
12. Medications (list below) Yes No
Name: Dose: Freq:
Name: Dose: Freq:
Name: Dose: Freq:
4 Cal1 PCHS at time of booking if detainee has medications brit NOT with them!
Detention Officer: Date: Time:
EXHIBIT B
PARENTAL CONSENT FOR MEDICAL TREATMENT
KITSAP COUNTY JUVENILE DETENTION CENTER
HEALTH SERVICES
Parental Consent for Medical Treatment
1, parent/legal guardian of
a detainee at the Kitsap County Juvenile Detention Facility(KCJDF),do hereby give my consent for routine and/or emergent 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 and 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 and 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 staff for the determination of follow-up treatment.
-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.
*PARENT NOTIFICATION:
— HIPAA rights notification available online and/or available for print upon request
Visitation times and procedure have been explained
Court time and/or probable-cause weekend procedure has been explained
Medical Insurance: Group: Policy#:
CARE TEAM:
Primary care provider(PCP): Name: Phone:
Specialists: Name: _ Phone:
Case manager(DSHS,school,etc)? Name: Phone:
*Health Services staff to notify/coordinate efforts with care team outside detention center as able/appropriate.
Other information Nye should know about your 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 tine age of consent.
Parent/Guardian/Other Date Time
DO#
Detention Officer/Probation Officer Date Time
VERBAL Consent
Verbal consent given by ,parent and/or legal guardian of named
juvenile,for the medical and/or dental care listed above by telephone conference with the Detention Intake Officer(s).
(Two Detention Officers'signatures are required when receiving verbal medical consent)
Detention Officer#1 DO# Date: Time:
Detention Officer 42 DO# Date: Time:
Updated for use effective 12/01/2023