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HomeMy WebLinkAboutCONSENT Juvenile Detention amendment Consent Agenda Juvenile Services JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST To: Board of County Commissioners From: Shannon Burns,Juvenile Court Administrator Date: December 23, 2024 Subject: Amended Interlocal Agreement between Kitsap County and Jefferson County-Detention Facility STATEMENT OF ISSUE: Agreement to amend previous contract to allow extension through 2025 at current bed rate for detention at Kitsap County facility ANALYSIS: This Agreement reflects our intent to use detention beds available on an as needed basis. This agreement extends the prior contract for an additional year at the current bed rate at $150 per day as needed. This is a long-lasting partnership for our youth that are struggling the most and often are at the highest risk. Kitsap Youth Center provides the utmost care for these youth in regards to health and safety around mental health, substance abuse and education services. ALTERNATIVES: N/A FISCAL IMPACT: An estimated amount of detention costs for services from Kitsap County are included in my 2024 budget. RECOMMENDATION: That the Board approve the agreement and sign 3 originals. Approved by:'Aa ./CZ l a 'I y ' Mark McCauley ounty Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Kitsap County Contract No: KC-064-24-A Contract For: Juvenile Detention Facility 1-erm: 01-01-2024 to 12-31-2024 COUNTY DEPARTMENT: Juvenile and Family Court Services Contact Person: Shannon Burns Contact Phone: (360)385-9190 Contact email: sbums@co(eNerson.wa us AMOUNT: As Needed: $150 a 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 COMPLIANCE WITH JCC 3.55.084) AND CHAPTER 42.23 RCW. CERTIFIED: ■� N/A: _ �-. 4�� 1 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: a N/A: F Signature t Da e STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 12/19/2024. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 12/17/2024. Amendment No. 1 to extend the term only. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK :MANAGEMENT AND PROSECUTING ATTORNEY(1F REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 KC-064-24-A AMENDMENT AGREEMENT FOR PROVISION OF JUVENILE DETENTION FACILITIES This Amendment to the Agreement for Provision of Juvenile Detention Facilities ("Amendment") is between Kitsap County, a Washington state political subdivision ("County") and Jefferson County, a Washington state political subdivision ("Contractor"). WHEREAS, the parties executed KC-064-24, Agreement for Provision of Juvenile Detention Facilities, effective 01/01/2024 ("Contract"). WHEREAS, the parties' desires to execute this Amendment to extend the term. In consideration of the terms and conditions of this Amendment, the parties agree as follows: 1. Term. The Contract is amended to extend the terminate date to December 31, 2025. 2. Effective Date. This Amendment shall be effective on January 1, 2025. 3. Insurance. If this Amendment extends the expiration date of the Contract,the Contractor shall provide an updated certificate of insurance evidencing that any required insurance coverages are in effect through the new contract expiration date. The Contractor shall submit the certificate of insurance to Kitsap County Risk Management Division, 614 Division Street, MS-7, Port Orchard, WA 98366. 4. Terms Unchanged. Except as expressly provided in this Amendment, all other terms and conditions of the Contract remain unchanged, in full force and effect. 5. Counterparts/Electronic Signature. The Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Facsimile, email, or other electronically delivered signatures of the parties shall be deemed to constitute original signatures and duplicate originals. 6. Authorizations. The signatories to this Amendment represent that they have been appropriately authorized to execute this Amendment on behalf of the party for whom they sign and that no further action or approvals are necessary before executing this Amendment. DATED this 2 dayf2024 KITSAP COUNTY IC HA L S. ME R NGER, irector JUVEN LE AND FAMILY COURT SERVICES KC-064-24-A Jefferson County Juvenile Detention Bed Da/ys_ DATED or ADOPTED this 25 day of V`/Q11`PihV1�W 2024. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON COm�iotp KATHERINE T. WALTERS, Chair O� •�YIN , CHRISTINE ROLFES, Commissioner CHARLOTTE GARRIDO, Commissioner ATTEST: &� ��& ram' Dana Daniels, Clerk of the Board KC-064-24-A Jefferson County Juvenile Detention lied Days Jefferson County Board of Commissioners Kate Dean, Chair Date ATTEST: Carolyn Gallaway, CIVIC Date Clerk of the Board APPR V TO FORM: for 12/17/2024 `Philip- unsucker Date Chief Deputy Prosecuting Attorney 3 ° Meeting Date: November 27, 2023 Agenda Item No: t r<wat Kitsap County Board of Commissioners Office/Department: Juvenile Staff Contact: Michael Merringer Agenda Item Title: I<C-064,29'—Jefferson County Bed Days 'Lrl fiaj,v t Recommended Action: Move that the Board of County Commissioners approve and execute KC- 064-29 - Jefferson County Bed Days Summary: Jefferson County does not possess sufficient facilities to lodge youth under the age of 18 who are alleged or adjudicated offenders. Bed space at Kitsap County Juvenile Detention on a space available basis at the rate of$150.00 per day. Attachments: 1. Contract Review Sheet 2. KC-064-24 Fiscal Impact for this Specific Action Expenditure required for this specific action: $Fee for service up to $40,000.00 Related Revenue for this specific action: $Fee for service up to $40,000.00 Cost Savings for this specific action: $0 Net Fiscal Impact: $0 Source of Funds: Jefferson County Fiscal Impact for Total Project Project Costs: $0 Project Costs Savings: $0 Project Related Revenue: $0 Project Net Total: $0 Off ice/Departmental Review & Coordination Office/Department Elected Off lclal/Department Director Juvenile Michael S. Merringer Contract Information Date Original Contract Amount of Original Total Amount of Contract Number or Amendment Contract Amendment Amended Contract Approved KC-064-24 Pending i Kitsap County CONTRACT REVIEW SHEET (Chapter 3.56 KCC) A. CONTRACT INFORMATION (for Contract Signing Authority,see KCC 3.56.075) 1. Contractor Jefferson County 2. Purpose Secure beds ace for Jefferson County detainees. 3. Contract Amount $Fee for service up to Disburse Receive $40,000.00 X 4. Contract Term January 1, 2024—December 31, 2024 5. Contract Administrator Michael Merringer Phone 360.337.5465 6. Contract Control No. KC-064.29-2.q byivi 7. Fund Name Jefferson Count 8. Grant Funded Yes I No X 9. Accounting Worktag /Revenue, Spend Category, or Grant 9422.3370.2330 Approved: Michael S Merringer Date 11/08/2023 Department Director/Elected Official B. AUDITOR— Funding Review I. X Approved Not Approved Reviewer Wanit Leenantihikul Date 10/31/2023 2. Comments: C. ADMINISTRATIVE SERVICES DEPARTMENT—Risk Manager Review 1. 1 X jApproved I Not Approved Reviewer Anastasia Johnson Date 11/08/2023 2. Comments: D. ADMINISTRATIVE SERVICES DEPARTMENT— Budget Manager Review 1. 1 X jApproved Not Approved Reviewer Aim6e Campbell Date 11/01/2023 2. Comments: E. HUMAN RESOURCES —Human Resources Director Review Signature only required it union or employment contract 1. Approved EjNot Approved Reviewer Date 2. Comments: F. INFORMATION SERVICES — Information Services Director Review Signature only required it technology contract 1. Approved Not Approved Reviewer Date 2. Comments: G. PROSECUTING ATTORNEY 1. X jApproved as to Form Not Approved as to Form Reviewer Kasi Walker Date 10/31/2023 2. Comments: Date Approved by Authorized Contract Signer: Date RETURN SIGNED ORIGINALS TO: Brandy McAllister @ MS- 28 i I KC-064-24 AGRBEMEN'r FOR PROVISION Of JUVENILE DETENTION FACILITIES BETWEEN KITSAP COUNTY AND JEFFERSON COUNTY ! This Agreement is for(lie provision of Juvenile Detention Facilities("Agreement")is entered into by and f i between Kitsap County ("Kitsnp") and Jefferson County ("Jefferson"), both political subdivisions of f Washington Slate. RECITALS I WHEREAS,Kilsnp County Is authorized by law to operate the Kitsap County Juvenile Detention Facility ("Detention Facility )to confine juvenlle offenders; i WHEREAS,Jefferson County does not possess sufficient facilities to confine juvenile offenders; I WHEREAS,Kitsnp County ling space available in its Detention Pncility and Is amonoblo to making such Space available to confine Jefferson s Juvenile offenders,pursuant to the lawful aull►ority of Jefferson,for a rate of compcnsntion as mutually agreed 10 by the prtrtles;And I i WHERT?AS,Kitsap County and Jefferson Comity have determined that it would be mnhinily beneficial to the parties to enter into this Agreement, j AGRPP,MENT 1 NOW, 'I'H$RPI'ou% in consideration of the foregoing recitals which arc incorpornted herchi by this reference,the parties agree as follows; I SECTION I DEFINITIONS 1.I. "Admitted"or"Admission"of(lie Juvenile by Kitsap will occur whoa the Detention Facility staff has advised Jofferson's Representative, that the Juvenile presented to the Detention Facility For confinement has been accepted for admission by the Detention facility, the hooking process completed,and Kilsnp County has taken physical control of the Juvenile. 1.2. "Additionnl Health Care Services"means arty medical,mental health,dental or other form of health cane and/or trealment provided to a Juvenile not routinely provided by Kitsap's in-house health care provider in the Detention facility, regnrdless of where such services are provided including, I without limitation,cutergcncy medical services,prescriptions, laboratory tests, medical iurnging services, neccssaty durable medical equipment, and any in-patient or out-pAticnl h-eahncnt or referral. 1.3. "Bed-Day"menus any consecutive period of time exceeding 12 hours during which a Juvenile is in the custody of the Kilsap County Juvenile Department Detention Facility,which includes booking. IA "Booking" means the process in which the Juvenile's personal AM is recorded, Jefferson's Representative confirms the Juvenile's identity and the InwPul basis for confinement,and lily other screening process routinely required by the Detention Facility prior to Admission. I.S. "Jefferson Representative"nncmrs an authorized member of the Jefferson County Shen-iff s Office or other authorized representative of jeffersorr County. Page I of 12 s 1.6. "Delenlion Facility"menus 10sap Comity Juvcuilo Department Detention Facility. i i 1.7. "Detention Malinger" n►cans the Manager of the Kilsap County Juvenile Detention Facility or h is/l►er designee. I 1.8. "Gravely Disabled"means a person who,as a result of'it 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 fmictioning evidenced by repented and escalating loss of cognitive or volitional control over his/her actions►md is not reccivimg such care as is essoutinl for his/her hentth or safety. ' 1.9. "Juvenile" means a youth under the chronological ago of eighteen years of age arrested on a Jofferson County warrant or by Jefferson County's low enforcement officers for violation of a law for which Coll(inernent of a juvenile is lawful. 1.10. "Partial Bed-Day"menus any consecutive period of time of 12 hours or less during which a Juvenile to in the custody of the Kitsnp County Juvonilu Detention Facility,which includes Booking. SECTION 2 SEIZVLCES } J 2.1. This Agreement Is limited to the detention of juveniles foroffenses which tire.within the jurisdiction j of,and charged within,Jefferson County. 2.1 Kilsap ngrcos to accept Juveniles for conlnement in the Delenlion Facility nud Jefferson agrees to compensate Kitsnp for such services as provided in this Agreement. ! i 2.3. Col fincment of a Juvenile will not exceed thirty,(30)consecutive calendar days,unless otherwise agreed to by the County on a case-by-case basis. s 2.4. Kilsap will provide lite Juveniles confined In the Detention Facility wish access to [lie same eduentiom,medical,donlal,and other services provides{to other juveniles confined in the Detention Facility as required by law nud Kitsnp County policy and procedures. ► 2.5. Juvenile Coml limn e. All Juveniles confined in the Detention Facility shall he subject to and t expected to comply with all Delenlion Facility rules, including Ihose related to discipline, emergency,safety nud security rules. 2.6. Juveniles Exceeding 18 Years. Upon the prior written request from Jefferson,Kitsnp may continue ' to confine Jefferson's Juveniles in the Dclenlion Facility beyond the ago of 18 yenrs,but in no even( older than 21 yeas of age. 2.7. Right of Refusal, Kitsnp at all limes and for all purposes under this Agreement retains the absolute right in its sole discretion to reject,limit,or ievoko(ho acceptance of any or a Juveuile(s),or any olhw•person,for confinement in the Detention Facility at any time and for any reason whatsoever. 4 2.8. Non-Deloniton Services. Court services, probation services,or the like,shall continue to be the solo responsibility of Jefferson and are not sublecl to this Agreoment. 1 � SUCTION 3 TERM t !! This Agreement shall commence on Januauy 1, 2024, and lenminnte on lleeeroben• 31, 2024, unless l i 1 Pago 2 of 12 j ! s i { I terminated or extended. This Agreement may be extended for additional consecutive one(1)year periods ! al the nuHunI written agreement of the parties,not to exceed a total of three(3)years. Neither party has mr obligation to extend this Agreement, t i SECTION 4 TERMINATION This Agreement may be lenninated by either party,at the mutual convenience of the party,upon sixty(60) days prior written notice to the Contract Representativo of the othor party. The notice shall identify the j specific plan for accommodating(lie removal of the Juveniles affected by the termination. In Ile event of I termination,Jeffersonn shall at its own expense,transport the Juveniles from the Detention Facility on or before the effective dale of the termination. f SECTION 5 COMPENSATION AND BILLING 1 I i 5.1. Belt-Day hate/Housing. Jefferson shall pay Kitsap a basic fee of One Hundred Fifty Dollars j ($150.00)per bed-day for every Juvenile confined in the Detention Facility. j 5.2. Partial Bed-Day Rate. Jefferson sbnll pay Kilsap a pntial bed-day fee of Seventy-five Dollars $7S.00 per partial bed-day for every Juvenile confined in tiro Detention Focilily. 5.3. McJltod pf Billing. Kilsap will invoice Jefferson monthly for amounts due Kitsap under this Agreement for services provided in the previous month.Such tees shall be due and payable by ` Jefferson within lhiaty(30)days from the billing(into. Account balances overdue 30 days or more t will be subject to a service charge of 1%per month(12%per annum). Should collection become Ilceessary, Jefferson shall be responsible for the payment of all collection costs, including i reasonable attorney fees,associated wilh the collection of late payments. i i 5.4. Annual Increase. The bed-day and partial bed-day rate shall be increased annually by one hundred i percent(1000/0)of that percentage increase set forth In the All Urban Consumers Index(CPI-U) (1982-1984-100) for the Seattle-TAcomra-Bellevue area as is specified by file Bureau of Labor Statistics,United Slates Department of Labor for lire prior 12-month period ending in December; provided,however,the increase shall not be more than six percent(6%)of tl(e amount for the prior year. 1 5.5. Other Costs. Jefferson shell promptly pay all other costs, including those for Additional Health j Care Services to Kitsnp or third polies as provided herein. d y SECTION 6 PRF?SLNTATION AND ADMISSION i 6.1. lrrior Vea'IGealion. Prior to presenting a Juvenile for confinement, the Jefferson Representative s11811 contact (lie Detention Facility and obtain verification from the Detention Munger that the Detention Facility may Admit the Juvenile for coil fineurcult 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. i 6.2. Presenlnlion. Whorl presenting a Juvenile to like Kitsap for confinement, the Jefferson County i Representative shall remain at the Detention Facility will) the Juvenile and comply with all requirements of this Seclion and all Detention Facility procedures and rules twill the Juvenile has been admitted. f i Page 3 of'12 i { i 6.3. Prohibilions. i A. Any Juvenilo who is unconscious, under the influence of alcohol and/or drugs (as determined by Kilsnp County), or Gravely Disabled may not be. Admilled into the Detention Fneilily, i R. Any Juvenile with significant injuries,or who rcpo►ts that he/she is currently experiencing significant medical or mental healti►issues,may be Admitted in the Detention Facility only when the Juvenile has been medically cleared for confined Detention by a medical doctor, nurse p root itioner,or otter equivalent medical personnel,And approved by Kilsnp County. i 6.4. Cortiftcaljoll. Jefferson is At all times solely responsible,for determining ll►atall Juveniles presented by the Jefferson Representative to Kilsop for confinement are Inwfully detained and confined,And certifies rho scone by the not of presenting the Juvenile for confinement to the Detention Facility. { Jefferson shall defend,indemnify, And hold Kilsap harmless as provided herein for any claim or action resulting from the detention of n Juvenile wrongfully presented by Jefferson, or its i reprosealative,to Kilsnp for confinement. ! l 6.5. Intake Assessiriont. When presenting A Juvenile Ill file De(ention Facility for confinement, the Jefferson Representative shall provide file Detention Facility staff with the following: i A. Duratioa/Conditions —provide copies of All records in the possession pertaining to the j Juvenile's confinement,which includes without limilation,all relevant couii orders which identify the duration and other terms of coil finenncit. ; t 13. Rmengency Medical Treatment—ensure(he order of confinement contains authorization for Director of Kilsap County Juvenile Detention Facility to provide the Juvenile ! emergency medical h'enhnent. � C. lntake Assessment --provide nil informalion requested on (lie Detention Facility Intake i Assessment aliached hereto its Exhibit A. t ! i 1). Parental Consent(Medical Trealmunt)--provide a signed copy of the Parental Consent for Medical 'il•en(ment and a copy of any medical insurance coverage inforn►alion for the ` Juvenile in the event the Juvenile, requires medical (realnnenl while in file Delendoo Fncili(y,See Lxliibil B-ParenlAl Consent for Medical Trcam►ent. Jefferson is and remains i responsible for obtaining nil consents and providing medical insurance coverage information. I' j E. Medical/metpal 1•lcalill Slates— provide a copy of(he JAvenile's medical records in (he t Jeffersons possession and Advise the Detention Facility staff of all information known about A Juvenile's medical and nnentni heallh status(current And historical), including the i Juvenile's psychosexual history. P. Drugs/Alcohol-- inform tine Detention Faoility staff of all information known About the Juvenile's Alcohol and drug usage(current and historical). i G. ADA Accommodadmis--infornn the 130cntion Faoilily sluff of ally known Accommodation ! needs of the Juvenile consistent Willi(he requiremon(s of the Americans with Disabilities i Act. t I Page'I of 12 l I I I I I i 1-1. Inforntntiott—provide all relevant information available regarding the Juvenile and such outer information/documentation routinely required by(lie Detention Facility. 6.6. Admission, The Jefferson Representative transporting file Juvenile to the Detention Facility shall romain fit the Detention Facility with the Juvenile unlit advised by the Detention Facility staff that Ilse preliminmvy poltion of the hooking procedmo has been completed and the Juvenile has been admitted into the Detention Facility. 6.7. Porsonal Prop y. Upon Admission of the htvenile for confinoment,Kitsap agrees to accept and store dlo Juvenile's porsonal belongings iu an amount not to exceed a clay pack or equivalenl ill vohtme. Any personal belongings exceeding this antottnt will require approval front County. Any t personal property not removed from the Detention Facility by the Juvenile upon the Juvenile's l relonso from the Detention Facility will bo deemed to be nbandoncd and nutontnticnlly become file properly of(lie Kitsnp without file requirement of fulther corut action. I 6.8. Notice. Kitsap will use rensonably efforts to advise Jefferson if a Juvenile is being detained by another law enforcement Agency on a wArranl issued by the Jefferson. SEMON 7 LEGAL RHPREWNTATION-JUVENILE i i Jefferson shall be responsible for responding to requests for legal assistance or legtnl representation made by the Juvcnile coolined in the Detention Facility. Kitsap will notify Jefferson of any rcquosts for legal assistance or legal representation ntndo by a Juvenile to a Kitsap cletonlion officer. SECTION 8 rRANSFER AND RELBASC 8.1. Release. The Juvenile may he released from confinement from the Dotendon Fneilify as provided below; i A. IRgttest_ry Jefferson. 'fho Juvcnile may be relcnsed to the Jcfforson Representative upon t written direc(iott or veriliod vembnl direction from the Jefferson Representative. B. Court OrdedBnil. The Juvenile may be tolensed by valid corn(order or posting of bail. C. 1•ea t e tt.The Juvenile may be reicased due to medical, mental health, dental treattuent or l any other health care services not nvailnblo within the Detention Facility. D. Finwigoncy/Catashothe. The Juvenile may be released in file event of any emergency or (' coin slrophic condition occurring that poses a reasonably imminent danger to the safety of file i Juvenile or Kiisnp personnel. The decision 10 release or)•cntove persons from (lie Detondon � Facility will be tit file sole discretion of Kitsnp. In such casos, Kilsap will provide Jefferson ; rensanable notice of the removal and shall exercise renponsble care for file safekeeping nod custody of the Juvenilc(s)so removed. i 8.2. tesut�>tion of CustodX. Jefferson shall be deemed to have resumed custody of the Juvcnile upon } Kitsap's presentation of the Juvcnile (o Jefferson, or Upon a Jefferson Representative taking ` l physical control of the Juvenile, i i SECTION 9 TRANSPORTATION AND SHCURI'I'Y i 1 9.1. ll•n,,sporlaliott. Unless oilierwise ngrccd,Jofferson shall be responsible for nil Iransponia(ion of t i Page 5 of 12 i Juveniles, which Includes the delivery and pickup of llte Juveniles for all purposes under this i Agreement. l r 9.2. Release. A Jefferson lepresentative shall be promptly available to pick up the Juvenile when I released from the Detention Facility, regardless of the basis of the release. Promptly available i means ho nediately available,and in no event longer than four(4)hours afler Jefferson receives notice front Kitsap of tile,Juvenile's release. Notice for this purpose)tiny be a written or oral notice I front Cite Detention Facility to Jefferson. 9.3. Reimburscmonl - Transiloltntion/Security. It) the event (lint Kitsnp provides the Ivanspoitatiou, I regnrdlcss of Ilia reason, Jefferson shall be required to reinibursc Kilsap for all costs of ! trauspo►ialion and associated security incurred by Kitsap to secure emergent medical evaluations, emergency treabnont and to support the reasonable necessary operational needs of(he Detention Facility. Tile cost for transportation and custodial security little performed by Kitsap staff shall be (lie Internal Rcvenuc Service milcngo rate in effect at the lone of the service performed and the I current cost to provide a detention officer(currently$40.14 per officer par bout). t SECTION 10 HEATH CARE � 10.1. Services frQyided. Upon Kilsap's Admission of the Juvenile, Kitsap will provide Ilia Juvenile at no additional charge Ilia routine medical services that are readily available to other detainees from Kilsap's in-house third-patty health care provider for which(he henlill care providerdoes not rends• n separate billing for providing such service to a detainee. Services for which a separate billing is provided arc considered Additional liealllt Cnro Services. t 10.2. Ike intbilrseutent. Jefferson shall reimburse Kitsap for its proportion of all Additional Health Care Services and associated costs and expenses in providing such services ►o a Juvenile. Reimbursement shall be paid directly to Kitsnp or third parties,as directed by Kitsap. 10.3, Hospitalization. Ill(he event a Juvenile is hospitalized,Kitsap will advise Jefferson. Jefferson's ' Representative will advise Kitsap if Jefferson will be providing the security or requests Kitsnp to do so. If Jefferson is to provide the custodial security,the Juvenile shall he released to(lie custody of Jefferson. If Kitsnp agrees to provide the custodial security for the Jtivcnlle,Jefferson shall be responsible for reimbursing Kilsap for all costs associated with Ilia transportation and custodial t ' security,as provided in Section 9. 10A. Emer e►cy enc►' et tC�rr_e-(91L idcll?acililX`N iftcldion. Kitsnp will use reasonable efforts ! to notify Jefferson within four(4) business hours of transport (Monday- Friday, 9am- 5pm) of emergent care for a Juvenile outside llte Detention Facility. For non-emergent core onside of the facility,Kitsap will use reasonable efforts to notify Jefferson before noon oil the nox(business day after[lie transport occurs. tack of notice will not relieve Jefferson of its reimtbnesenenl obligations to Kitsap County. 10.5. No WaiKer of Right to Sack Reinibursemetil. Nothing in this Agreement shall be consUued to waive the rights of either party to seek reimbursement for•costs front the Department of Social and Health Services,or front llte Juvenile, his or her parent/guardian,or ally other responsible Ihird- palty. SECTION I I INSURANCE AND INDEMNIFICATION 11.1. Insurance. Kitsap and Jefferson shall maintain,throughout the term of this Agreement,insurance I! I t t Page G of 12 I l I i i 1 adequalo to protect both lint-Hos against claims that'tiny arise as a result of(lie,performance of this Agreement. Such insurance shall be placed with responsible insurers, self-Insured, or carried through participation in at) hisuralrce pool at levels of coverage adequate to protect Kilsnp and j Jefferson against loss,and as ordinarily carried by municipalities engaged in similar oprrnlions. I l Upon request of the other party, Kilsap and Jefferson shall provide evidence of liability coverage. 1.?.. Indemnification, Jcffcrson agrees to dofend, indcmt►ify and hold harmless Kilsap, its appointed and elected officials,omployees and agents from and against fill liability, loss,cost,damage and 1 expense whatsoever, including costs mud attorney's fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any lime resulting thereof,arising from of alleged to have arisen from:i)Jefferson's performance under i this Agreement or as a consequence of filly wrongful or uogligont[lots or omission of Jefferson,its appointed and elected officials,enuPloycos and agents;ii)the wrongful detention of n Juvenile as a result of Jefferson's actions or failure to act;and/or iii)failure or refusal to timely release it Juvenile Its It result of Jefferson's actions or failure to net. 11.3. To the extent the claim,damages, losses and expenses are cause by intentional acts of or by the concurrent negligence of Kilsfip County, its officers, agents, or anployces, Jefferson's Inden►nification obligation hereunder shall be limited to Jefferson's proportionato share of liability t as agreed to by Iho parties to this Agreement os'determined by a court of competent jurisdiction. 11.4. Kilsnp agrees to defend,indemnify aul hold harmless Jefferson,its appointed and elected officials, employees and agents from and against all liability,loss,cost,damage and expense inelodiag costs and attorney's fees in defense thereof because of actions, claims or lawsuits alleging damages j sustained by any person or property including death at any lime resulting thereof,arising from,or alleged to have arisen from:1)Ki(sap's performance under(his 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 deteutiort of a Juvenile ns a resull of Kitsap's actions or failure to act;and/or iii)Kilsap 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 Ilse i concurrent negligence of Jefferson, its officers, agents, or employees, Kitsap's indemnifica(iou obligation hereunder shall be limited to Kitsap County's proportionale share of liability as agreed j to by the parties to this Agreement or determined by a court of conareicnt jurisdiction. r 11.6. Solely for(he purposes of(his indemuifiention Provision,Jefferson expressly waives ally imnunuity t derived from 'title 51 (Industrial insurance) of(he Revised Code of Washington or Jefferson's equivalent thereof,and acknowledges that this waiver was mutually agreed upon by the parties. i 113. O li gationsMotico of Claim. Kilsnp will ptvvidc Jefferson notice of the assertion of liability by a third party that may give rise to it Claim by Kilsnp against Jefferson based on the indcmmity { contained herein. Jefferson shall promptly advise Kilsnp in writing,which shnll in no cvenl exceed 14 calendar days from the notice date, whether Jefferson accepts or denies tender of the claim. Jefferson shall reimburse Kilsnp for all fogs and costs of defense whether incurred before or after the notice of claim. Jefferson shall keep Kitsap timely and fully informed through all stages of the defense and promptly respond to and comply with County's requests for information. Kilsap at all times reserves the right,bill not the obligation,to Participate in(he defense and such participation f shall not constitute a waiver of leffetson's indemnity and defense obligations under the Coalract, i E !! Page 7 of 12 I I I I St?CTION 12 GOVERNING; LAW Govern& tv Ve to. The Agreement,and the Juvenile(s)confined under(his Agrcoment,shall be made under,construed in accordance with,and governed by tile,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 will 4 this Agreementshall bo instituted and maintained only in a court ofcompelenl jurisdiction in Kitsap County, ; Washington or as provided by RCW 36.01.050. I SECTION 13 CONT1tAC'1'1tEP[tESEN'1'A'l'1VES i Unless of ierwise provided herein,any required notice will be in writing and deemed given and received either on the date personally served to(he ofher party's Confracl Rcpresentalivo or on Ilia third clay after the + date of the postmark of deposit by registered or certified first-class U.S.mail,postage prepaid and properly 1 addressed to the Contract Represenlative as follows: ou lx: l Michael S.Merringer,Director i Kitsap County Juvenile and Family Court Services 1338 SW Old Cliflon Road Port Orchard,WA 98367 ,Tcf erson: Barbara L.Carr,Director Jefferson County Juvenile and Family Court Services 1 f 1820 Jefferson St•cet i PO Box 1220 Port Townsend,WA 98368.0920 SECITON 14 NUN-DISCIUMINATION 'file parties in the performance of this Agreement shall not discriminate against any person on file basis of { race, color, Creed, religion, national origin, Age, sex, marital status, sexual orientation, veteran slatus, i disability,or other ch•comstanco prohibited by federal,state,or local late,and shall comply with Tille V1 of the Civil Rights Act of 1964,P.L.88 354 And Americans with Disabilities Act of 1990, SECTION 15 INDEPHNDENT CONTRACTOR For all purposes,each party will net in its individual capacity And not As nn Agent,employee,patner,joint venture,or associate of file other.Am employee,agent,or subcontractor of one pa+ty shall not be deemed or construed to be the employee,agent or subcontractor of Ilia other for any purpose whatsoever including responsibility for any federal or state tax,industrial insurance or social security liability. i SECTION 16 ACCESS AND RECORDS 16.1. Acccss—Dclenlion Facility. Jefferson shall have the right to inspect,a(mutually agreeable times, file Detention Facility in order to confirm Kitsap maintains standards Acceptable to Jefferson And that its detainees are fremcd appropriately. Kitsap agrees to manage, maintain And operate its ! Detention Facility consistent with Applicable federal,slate and local laws. I6.2. A,cess fo Juveniles. Jefferson law enforcement shall have file right to interview Juveniles At Any reasonable time within lho Detention Facility And the option to use(Ile Detention Facility Interview l I I � Page 8 of 12 i I I I I I � i t rooms. { i 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 Kilsap for all other detainees. Kiisnp will keep records of all medical,mental ltonllh or dental services it provides to A Juvenile as required bylaw. Kiisnp agrees to share nit inforn►Alion,including insurance information,regarding t a Juvenile Willi Jefferson as Authorized by law. I SECTION 17 OBNERALPROVISIONS 17.1. Force Majcure. Neilhur party shall be in dcfaull by reason of any White in performance of this ! Agreement if such failure n•ises out of causes beyond their reasonable control and without the fault or negligence of said party including Acts of God,terrorism nod other acts of public enemy,war, t epidemics or quarantine res(rictions. ; 17.2, No Wni cr. No Waiver of any right under this Agreement shall be effective unloss mado in writing by nit Authorized representative of the party to be bound Iltereby. Fnilure to insist upon (till performance on any occasion shall not constiluto consent to or Waiver of Any continuation of nonperformance or any later nonperfor+naneo; nor does payment of a billing or continued performanco,after notice of n deficiency in performance,conslinttcs Acquiescence thereto. 17.3. pj:ior•ilx, Tho Detention Facility policies and rules shall Apply for nit purposes,unless they conflict with the terns And conditions of this Agreement. In the event of conflict, this Agreement Will control. i 17.4. Modificatioll. No suppleutent,modification,or amendment of tiny term of this Agreement will be deemed binding or effective unless in writing and signed by both parties. t 17.5. Ass i9nnrent/Ode ati . Neither tinily may assign or delegato its rights, nor its responsibilities i under this Agreement to a third party,without the prior written consent of the other party. Any a purported assignment or delegallon in violation of the subsection is void. 17.6. Soverabilily. The provisions of this Agreement Arc severable. Any term or condition of tho Agreement or application thereof deemed to be illegal, hwnlid or uncnforcenble, in whole or in pat-(, shall not affect any other torn or condition of the Agreement And the pnriies' rights And obligations will be construed And enforced As If the Agreement did not contain the pnrticulnr provision. 17.7. Third-I'aely Neneficlgty. Nothing under this Agreement shall be construed to give Any rights or benefits in the Agreement to anyone other 111nn Kitsap end Jefferson, And Ail duties and responsibilities undetlaken pursuant to This Agreement will be for the sole and exclusive benefit of Kitsap And Jefferson,And not for Ilse benefit of Any other party. 17.8. Mo Waive,r. Either pmty's failure to insist on strict performanco of any lerm or condition of the i Agreement shall not be.deemed A waiver of Hint lerm or condition even if the party Accepting or Acquiescing in the nonconforming performance knows of llre nature of the performance And fails ! to object to it. ! +{ I I 17.9. Entire Agrucnwnt. The parties acknowledge that this Agreement is the product of negolinlion between the pnrlics and represents the unlire Agreement of the pm•tics Willi respect to its subject matter.All previous Agreements And rept•cscntations,whether oral or wrillcn,entered into prior to i Page 9 of 12 r I i } i . i this Agreement aru horeby revoked tied 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 llte application of either patty the Agreement shall forthwith be physically amended to make such insertion or correction. 17.11. Counterparts/Electronic Si tags taros. 'fhis Agreement cony be executed by the patties in Any number of separate counterparts,each of which when executed and delivered shall be deemed an original, and nll such counterparts shall together constitute one original document.All signatures need not be on the same counterpart.A facsimile,entnil,or other electronically delivered signatures of the parties shall be deemed to constitute original signatures and deented to constitute duplicate originals. 17.12. Survival. Those provisions of the Agreement that by their sense and purpose should survive expiration or terminntion of the Agreement shall so survive such as references to compensation and indemnification.Those provisions include, bill are not limited to, Sections 5 (Compensation and [tilling); 6(Presentntion and Admission); 9( )-ansporlation and Security); 10 (1lcnllh Care); I I (Insurance and Indenrnificnlion); 12 (Governing Lnw); 15 (Independent Contractor) and 17 (General Provisions). 17.13. Aullimizalion. Any nuthoriulions,uclians required,or permitted to be taken,And tiny document required or permitted to be execuled under(his Agreement will be taken or executed only by n duly authorized representative of the patty. Each party warrants and represents to lite other that the person signing below has been properly authorized and empowered to execule this Agreement on behalf of the Patty for whom they sign. Approved and Executed this I(of W o-2023 Approved and lixeculed this2j oft ovcL-1�3023 HOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS tEFF ON OUN'fY,WASIIINGTON I<l'I:SAP COVpipJi-f�Y,WASSHING'fON M; . OTMERTON,Chair — - CI IARLOT7,GARRIDO,Chair --- — IC E DE W,Con niissioncr—— ICA'I'IIF,R F.T.WAITERS,Comnpissioncr E DI EISENH . ,Cotnuissione• J CHRISTINE ROLFES,Commissioner A'I`I'EST: `r� C.�� � Q.Wf4 _ AI'fIiSI': —�- (`a�.2{�n 611 f'rrw •/�L(��y(c Jr1(4- QoAz1 Dann Daniels,Clerk of the Ronrd ApproveO as to form only: . _��..-�� November 30,2023 Philip C.Hunsucker - ---- e•••e Chief Civil Deputy Prosecttlin Attorney ,d`ON COUun County • 5 Lit I'age 10 ill'I`1 �';�'Y/(�(3�•••.� u '•,T"!e OF RAHIB11F A DE.TEWION FACILITY INTAKE ASSWSSWIS11' Juvenile Name: DOB: JCS 11: Address Phone: Legal Guardian: LG DOB: Address: LG Phone: Examiner's Observations Vitals: Temp: Height Weight i 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 i Last alcohol or substance use whallwhen: 3. Injury I trauma concerns(e.g.sign of head Injury or open wounds) Yes No Doscrlbe; 4. Breathing oonoerns(e.g.unable to complete sentences,or alters posture to breath) Yes No Describe., G. Infection oonoerns(no fever,night sweats,weight loss,cough,vomiting,diarrhea) Yes No Describe: i 6. Acute skin concerns(e.g.spreading rash,swelling,discharge,needle marks) Yes No Descrlbe: i Currently pregnant Yes No r7-1 0 First day of last erlod: • f"Yes"to any, follow ER protocol and inform on-call PCHS medical provider that day i 8. cute behavioral eonoorns(e.g.suicidal ideation or assaultive) Yes No Desorlbe: • If"Yes",follow ER protocol and Inform County Behavioral Health Provider that day 9. PHYSICAL HEALTH CONCERNS: (Circle anylall that apply) Yes No Asthma,Diabetes Seizures Kidney I Liver problems HIV TB hepatitis) 10 MENTAL HEALTH CONCERNS: (circle anylall that apply) Yes No (Bipolar,Eating disorder,PTSD,Psychosis,Overdose history,Suicidal Ideation 11. Food, Drug,Latex Allergies(llstbelow) Yes No i Allen Reaction Allergy: Reaction 12. Medications (list below) Yes No Name: Dose: Freq: Name: Dose: Freq: i Name: Dose: Freq: 4 Crtll PCHS ai lithe of bookhtg if tletninee has utedicatinns brut NOT twilit thentl Detention Officer: Date: Time: 1 : i I EXHIBIT B PARENTAL CONSENT FOR MEDICAL TREA11YMEN'r KITSAP COUNTY JUVENILE DETENTION CENTER HEALTH SF.RVICCS Parental Consent for Medical Treatment I 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 dcnlal care and/or immunizations,as deemed necessary by the Health Services staff or the Detention Specialist staff. lit the event my child develops a medical or dental problem beyond(Ire capabilities of the KCJDF I leallh Services,1 outhorize the medical or dental facility and the medical or dental provider to which my ehild is referred,to evaluate and(real as indicated. -I further nuthorize 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 1 also agree to be Financially responsible for any and all medical and dental care,including prescriptions tint may be necessary for lily child. I further authorize the KCJDF staff,under the direction of the Health Services staff,to achninister any approved prescription or over dre I 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: EJIPAA rights notification available online and/or available for print npon request Visitation tithes and procedure have been explained Court time and/or probable-cause,weekend procedure has been explained Medical lustnauce: —Group: Policy/h _ i C RE TEAM: Primary care provider(PCP): Name: _ _ Phone:_ r ' Specialists: Name: _ Phone: f Case manager(DSEIS,school,etc)? Name: Phone: I •Health Services staff to uolO/coordinate efforls with care town otdshle detention censer as able/appropriate. f � Other information we should know about your child? i This uuthorizalion is valid from (his dnte of this nuNtorization until(he utinor has completed all detention Nine under fills Cause Number as ordered by(he Court,or until the minor has reached the age of consent. Parent/Guardian/Other `- — - —-- Date Thile DOM Detention Officer/Probation Officer Date Time ! V11RHAI,Consent Verbal consent given by parent and/or legal guardian of named juvenile,for the medical and/or dental care listed above by Ielophone conferunvo with the Detention intake Officer(s). (Two Detention Officers'signatures are required when receiving verbal medical consent) I i Detention Officer 111 DON Date: Time: Detention Officer 112 DON Dole: E'imc: i Updated for use effective 12/01/2023 i i Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD Or COUNTY COMMISSIONERS AGENDA IIEQUEST TO: Board of Commissioners FROM: Shannon Burns DATE: D;,e C A,Ibt i 1,t'207-'7 RE: Interlocal Agreement between Kitsap Count), and Jefferson County—Detention Facilities STATEMENT OF ISSUE: Kitsap County provides secure detention services for Jefferson County Juvenile and family Services.This Inierlocal 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. j 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. i f i i Mark McC ey,County Admin Ntrato Date i I CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACr WI'l'll: KilsapCounly Contract'No: KC-2024 Contract For: Juvenile Detention Facility 1'ernl: January 1,2024-December 31,2024 COUNTY DEPARTMENT: Juvenile and Family CourtServi= Contact Person: Shannon Burns Contact Phone: (360)385-9190 Contact email: sbumsigico jorferson.Wa us AMOUNT: As Needed: $150 por day per bed use PROCESS: EXCnlpt front Bld I)rocess Revenue: Cooperative Purchase Expenditure: up to$55.0001ncrudedinbudget Competitive Scaled Bid Matching funds Required: Small Works Roster Sources(s)ol'Matching Funds Vendor list Bid Fund tt RFP or RFQ Nlunis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COM ' IANCE WITH.IC'C AND CIIAPTER 42.23 1R.CW. CERTIFIED: ❑■ N/A:❑ _ ✓_` S 1l Signature l IDiltc STEP 2: DEPARTMENT CERTIFIES Tl1E PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) IIAS NOT IEEN DEBARRED III' ANY FEDERAL, STATE, OR LOCAL. AGENCY. CERTIFIED: E N/A: ❑ Signature late STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Losernelic): Electronically approved by Risk Management on 11/30/2023. i i STEP 4: PROSECt1TING ATTORNEY REVIEW(will be added electronically through Laserfichc): i i Electronically approved as to form by PAO on 11/30/2023. i I i STEP 5: DEPARTMENT MAKES REVISIONS & REStIBMTTS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6:CONTRACTOR SIGNS STEP 7:SUBMIT TO BOCC FOR APPROVAL I