Loading...
HomeMy WebLinkAboutKitsap County Juvenile Detention Facility - 122324 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. daxD A.oku1rf2024 KITSAP COUNTY ICHA _L S. MER NGER, irector JUVEN LE AND FAMILY COURT SERVICES KC-064-24-A Jefferson County Juvenile Detention Bed Days DATED or ADOPTED this 1$ day of , 2024. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON COMMA,'\'4 • '‘ ; I� KATHERINE T. WALTERS, Chair * 1; •yi rlt O:* C9v1:443.tv.‘i 41 •rilINL�' '� • CHRISTINE ROLFES, Commissioner • ..•• r CHARLOTTE GARRIDO, Commissioner ATTEST: "- Dana Daniels, Clerk of the Board 2 KC-064-24-A Jefferson County Juvenile Detention Bed Days Jefferson County Board of Commissioners �� �y Kate ean, Chair ake )`'.•�MMISiO°0 •- ATTEST: =-� 8,�1 w: . a{ 1 Skit ,, to Aa z?/z/ Caro n Gallaway, C C Date Clerk of the Board APPR V TO FORM: 12/17/2024 hilip . unsucker Date Chief Deputy Prosecuting Attorney 3 Meeting Date: November 27, 2023 Agenda Item No: Kitsap County Board of Commissioners Office/Department: Juvenile Staff Contact: Michael Merringer Agenda Item Title: KC-064,29'—Jefferson County Bed Days `LVJ tigi.yr 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 Office/Departmental Review&Coordination Office/Department _ Elected Official/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 • 1111 Kitsap County �`` CONTRACT REVIEW SHEET INg10M (Chapter 3.56 KCC) A. CONTRACT INFORMATION (for Contract Signing Authority,see KCC 3.56.075) 1. Contractor Jefferson County 2. Purpose Secure bed space 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-064,29-214 egivN 7. Fund Name Jefferson County 8. Grant Funded Yes I I Nol 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 1. X Approved Not Approved Reviewer Wanit Leenantihikul Date 10/31/2023 2. Comments: C. ADMINISTRATIVE SERVICES DEPARTMENT—Risk Manager Review 1. X Approved Not Approved Reviewer Anastasia Johnson Date 11/08/2023 2. Comments: D. ADMINISTRATIVE SERVICES DEPARTMENT— Budget Manager Review 1. X Approved Not Approved Reviewer Aimee Campbell Date 11/01/2023 2. Comments: E. HUMAN RESOURCES —Human Resources Director Review Signature only required if union or employment contract 1. Approved Not Approved Reviewer _ Date 2. Comments: F. INFORMATION SERVICES—Information Services Director Review Signature only required if technology contract 1. Approved Not Approved Reviewer Date 2. Comments: G. PROSECUTING ATTORNEY 1. X Approved 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 AGREEMENT FOR PROVISION OP 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 Stale. 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 dues 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 l ' 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 coasidendion of the foregoing recitals which are incorporated herein by this reference,the parties agree as follows: • SECTION I DEFINITIONS 1.1. "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 nut routinely provided by Kitsap's in-house health care provider in the Detention Facility, regardless of' where such services aro 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 Depamtment Detention Facility,which includes booking. • 1.4. "Booking" moans 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. 1.5. "Jefferson Representative"means all authorized member of the Jefferson County Sherriff's Office or other authorized representative of Jefferson County. Page I of 12 t • .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 Il safety; or manifests severe deterioration in routine functioning evidenced by repented 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 ago 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 ajuvenile is lawful. 1.10. "Partial Bed-Day"means any consecutive period of time of 12 hours or less during which a Juvenile • la in the custody of the Kitsap County Juvenile Detention Facility,which includes Booking. SECTION 2 SERVICES 2.1. This Agreement is limited to the dete tionofjuvenilesforoffenseswhicharewithinthejur•isdiction of,and charged within,Jefferson County. 2.2. Kilsap agrees to accept Juveniles for confinement in the Detention Facility and Jefferson agrees to 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. Kilsap 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. 2.5. Juvenile Comnliatce. All Juveniles confined in the Detention Facility shall he 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 Yeas. Upon the prior written request from Jefferson,Kilsap may continue to confine Jefferson's Juveniles in the Detention Facility beyond the ago of 18 years,but in no event older Than 21 years of age, 2.7. Right of Refusal, Kilsap 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 nil Juvooile(s),or any I i other person,for confinement in the Detention Facility at any time and for any reason whatsoever. I ' 2.8. Non-Detention Services. Court services, probation services, or the like,shall continue to be the solo responsibility of Jefferson and arc not subject to this Agreement. SECTION 3 TERM This Agreement shall commence on Jaunty I, 2024, and terminate on December 31, 2024, unless Page 2 of 12 terminated or extended. This Agreement may be extended for additional consecutive ono(I)year periods at the mutual written agreement of the parties,not to exceed a total of three(3)yeas. Neither party has an obligation to extend this Agreement. SECTION 4 TERMINATION ! F This Agreement may be terminated by either party,at the mutual convenience of the party,upon sixty(60) bays 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,trnnspnrt the Juveniles from the Detention Facility on or before the effective date of the termination. SECTION 5 COMPENSATION AND BILLING S.I. )led-Day Rate/Housing. Jefferson shall pay Kitsap a basic fee of One Hundred Fitly Dollars ($150.00)per bed-day for every Juvenile confined in the Detention Facility. 1 5.2. Partial Bed-Day Rate. Jefferson shell 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. 5.3. Method of Billing. Kitsap will invoice Jefferson monthly for amounts due Kilsap under this Agreement for services provided in the previous month.Such fees shall be due and payable by Jefferson within thirty(30)days from the billing date, Account balances overdue 30 days or more will be subject to a service charge of I%per month(12%per minutia). 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 rale shell be increased annually by ono hundred polecat(100%)of that percentage increase set forth In the AB Urban Consumers Index(CPI-U) (1982-1984el00) for the Seattle-Tacoma-Bellevne area as is specified by the Bureau of Labor Statistics,United Slates 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 shell promptly pay all other casts,including those for Additional Health Care Services to Kilsnp or third parties as provided heroin. ! i 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 Manger 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. Prosenlntiog. 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 1 been admitted. 3 ! 1 1 i r t Page 3 of 12 6.3, Prohibitions. A. Any Juvenile who is unconscious, under the influence of alcohol and/or drugs (as determined by Kilsop County), or Gravely Disabled may not be Admitted into the Detention Facility. 13, 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, j I nurse practitioner,or other equivalent medical personnel,and approved by Kitsap County. G,4. Certification. Jefferson is at all times solely responsible for determining that all Juveniles presented by the Jefferson Representative to Kilsop for confinement arc lawQdly detained and confined,end j t certifies the same by the net of presenting the Juvenile for confinement to the Detention Facility. Jefferson shall defend,indemnify,and hold Kiln')harmless as provided herein for any claim or action resulting from the detention of a Juvenile wrongfully presented by Jefferson, or its t j representative,to Kitsap for confinement. I ! 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 terms of confinement, 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 es Exhibit A. t i 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 13-Parental Consent for Medico!Treatment. Jefferson Is and remnins responsible for obtaining all consents and providing medical insurance coverage information, 13. Medical/Mental Health Santos— provide a copy of the Juvenile's medical records in the Jefferson's possession and advise the Detention Facility staff of nil information known about a Juvenile's medical and mental health status(current and historical),including the l i Juvenile's psyoho•sexual history. F. Drugs/Alcohol-- inform the Detention Fnoility staff of all information known about the Juvenile's alcohol and drug usage(current end 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. Pngo 4 of 12 H. Information—provide all relevant information available regarding the Juvenile and such other infor•uralion/doeumentntion 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. 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 volme. Any personal belongings exceeding this amount will require approval front 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 the Kilsap without the requirement of further court action. 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? LEGAL REPRESENTATION-JUVENILE Jefferson shall be responsible for responding to requests for legal assistance or legal representation made 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 written direction or verified verbal direction from the Jefferson Representative. B. Court Order/8 rnrf. The Juvenile may be relented by valid count order or posting of bail C. Treatment.The Juvenile may be released due to medical, menial health, dental treatment or any other health care services not available within the Detention Facility. D. Rmergency/Cntasto rhe. The Juvenile may be released in the event of any emergency or catastrophic condition occurring that poses a reasonably imminent danger to the safely of the Juvenile or Kilsap personnel. The decision to release or remove persons from the Detention Facility will be at the sole discretion of Kilsap. In such cases,Kilsap 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 Kilsap'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. Tnmspotatiot. Unless otherwise agreed,Jefferson shall be responsible for all transportation of Page S of 12 f � • i • Juveniles, which includes the delivery and pickup of the Juveniles for all purposes under this Agreement. tt II 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 Kilsap of the Juvenile's release. Notice for this purpose may be a written or oral notice from the Detention Facility to Jefferson. 9.3. )teimbursetnent - Transportation/Security. In the event that Kitsap provides the transportation, regardless of the reason, Jefferson shall be required to reimburse Kilsap for all costs of transportation and associated security incurred by Kitsap to secure emergent medical evaluations, emergency treatment and to support the reasonable necessaty operational needs of the Detention Facility. The cost for transportation and custodial security time perforated by Kitsap 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). SECTION 10 HEATH CARE 10.1. Services Provided. Upon Kilsap's Admission of the Juvenile,Kitsap will provide the Juvenile at no additional charge the routine medical services that are readily available to other detainees from Kilsap's in-house third-patty health cure provider for which the health care provider does not render l I a separate billing for providing such service to a detainee. Services for which a separate billing is provided arc considered Additional Health Care Services. 10.2. Reimbursement. Jefferson shall reimburse Kitsap for its proportion of all Additional Health Care Services and associated costs and expenses in providing such services to a Juvenile. Reimbursement shall be paid directly to Kitsap or third parties,as directed by Kitsap. 10.3. Hospitalization. In the event a Juvenile is hospitalized,Kitsap will advise Jefferson. Jefferson's t ! Representative will advise Kitsap if Jefferson will be providing the security or requests Kltsap 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 Kilsap for all costs associated with the transportation and custodial security,as provided in Section 9. 10!I. EmerltenoyJNon-emergent Core(outsid)Facility Notification. Kitsap 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 the Detention Facility. For non-emergent care outside of the facility,Kitsap will use treasonable 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 Reimbusemenl. Nothing in this Agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the Department of Socist and Health Services,or from the Juvenile, his or her parent/guardian,or any other responsible third- early. SECTION 1 I INSURANCE ANI)JNDEMNIFICA'IION { 11.1. Insurance. Kitsap and Jefferson shall maintain,throughout the term of this Agreement, insurance Page G of 12 • I t 1 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 shnilor operations. Upon request ofthe other party,Kitsap and Jefferson shall provide evidence of liability coverage. 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, 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 nay wrongful or negligent nets or omission of Jefferson,its appointed and elected officials,employees and agents;ii)the wrongful detention of a Juvenile as a result ofJefferson's actions or failure to act;and/or iii)failure or refusal to timely release a Juvenile as a 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 ( i concurrent negligence of Kitsap County, its officers, agents, or employees, Jefferson's indemnification obligation hereunder shalt 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. 1 L.A. Kitsap agrees to defend,indemnify and hold harmless 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 by any person or property including death at any time resulting thereof,arising from,or ) { alleged to have arisen from:i)Kitsap's performance under this Agreement or ns a consequence of any wrongful or negligent acts or omission of Kitsap County,its appointed and elected officials, ! I 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. 11.5. To the extent the claim,damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of Jefferson, its officers, agents, or employees, Kitsap's indemnification obligation hereunder shall be limited to Kitsnp 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 expressly waives any immunity derived from '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 Claim by Kitsap against Jefferson based on the indemnity contained herein. Jefferson shall promptly advise Kitsap in writing,which shall in no event exceed 14 calendar days front the notice date, whether Jefferson accepts o•denies tender of the claim. Jefferson shall reimburse Kitsap for all fees and costs of defense whether incurred before or after the notice of claim. Jefferson shall keep Kitsap timely and nifty informed through all stages of the defense and promptly respond to and comply with County's requests for information. Kitsap at all times reserves the right,but not time obligation,to participate in the defense and such participation shall not constitute a waiver ofJeffeson's indemnity and defense obligations under the Contract. Page 7 of 12 c 1 SECTION 12 GOVERNING LAW Governing Law/Vertu. The Agreement,and the Juvenile(s)confined under this Agreement,shall be made i 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 Kilsap County, Washington or as provided by ItCW 36.01.050. 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.Merringor,Director Kitsap County Juvenile and Family Court Services j 1338 SW Old Clifton Road Port Orchard,WA 98167 Jeffeson; Barbara L.Carr,Director Jefferson County Juvenile and Family Court Services 1820 Jefferson Street PO Box 1220 Port Townsend,WA 98368-0920 SECTTON 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 Americn»s with Disabilities Act of 1990. SECTION 15 INDEPENDENT CONTRACTOR For all purposes,each party will act in its individunt capacity and not as en agent,employee,partner,joint venture,or associate of the other.An employee,agent,or subcontractor of ono 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 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. Kilsap 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 nt any reasonable time within the Detention Fnoillty and the option to use the Detention Facility Interview 1 Page 8 of 12 • rooms. ' f 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 K!Isnp for all other detainees. Kitsap will keep records of all medical,mental health or dental services it provides to a Juvenile as required by law. Kitsnp agrees to share all information,including insurance information,regarding a Juvenile with Jefferson as authorized by law. SECTION 17 GENERAL PROVISIONS 17.1. Poreo Majoue. 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 Cod,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 patty to be bound thereby. Failure to insist upon thu 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. Primily. The Detention Facility policies and rules shall apply for nil purposes,unless they conflict with the terms and conditions of this Agreement. In the event of conflict, this Agreement will control 17A. 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. t � 17.5. Assignment/Delegation. Neither party may assign or delegate its rights, nor its responsibilities 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 subseotion 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, invnlid or unenforceable, in whole or in part, shall not affect any other tom or condition of the Agreement and the parties' rights and obligations will be construed mid 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 and Jefferson, and nil duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of • Kitsap and Jefferson,and not for the benefit of any other party. 17.8. No Waiver. Either paty'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 ( I to object to it. f I 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 pities with respect to its subject matter.All previous agreements and representations,whether oral or written,entered into prior to Page 9 of 12 • this Agreement nre hereby revoked end 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 tbthwilh be physically amended to make such insertion or correction. 17.11. Counterparts/Electronic Signatures. 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 aro not limited to, Sections 5(Compensation and Billing); 6(Presentation and Admission); 9(Transportation and Security); 10(Ilealth Care); 11 (Insurance and Indemnification); 12 (Governing Law); 15 (Independent Contractor) and 17 (General Provisions). 17.1 3. 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 n 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 I.I.of(Vcchater202) Approved and Executed this21 ofNovcr$110t023 BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS EFFo "ONEOUNTY,WASHINGTON ICITSAPCOp TY,WASHINGTON s , OTHERTON,Chair CIIARLOTT,,GARRIDO,Chair 1( E DE ,Con missioner BATHER F WALTERS,Commissioner E DI EISENH . ,Commissioner CHRISTINE ROLFES,Commissioner 9 A'I'I'EST: �?� citivid t NUM.: C' 1•iyn �riKriwl J'C(o rt J '11. (0;7 Duna Daniels,Clerk of the Board Approved as to form only: :, �' � s. '�- November 30.2023 . }. Philip C.Hunsucker '� �•Zl�TC°o,Bl�� a,,, Chief Civil Deputy Prosecuting Attorney ,��1 e cOu son County °•: `�aj\ONE;psy /( ao i }a ITi Page 10 or 1'Z, °�9sir/N0ciA.)11 .stb * ,rgf OF`N�A 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 1 trauma oonoorns(e.g.sign of head injury or open wounds) Yes No Describe: • 4. Breathing oonoorns(e.g.unable to complete sentences,or alters posture to breath) Yes No Describe: 6. Infection concerns(no fever,night sweats,weight loss,cough,vomiting,diarrhea) Yes No Describe: 8. 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 8. Acute behavioral oonoorns(e.g.suicidal Ideation or assaultive) Yes No Describe: 4 If"Yes"follow ER protocol and Inform County Behavioral Health Provider that day 9, PHYSICAL HEALTH CONCERNS: (Circle any/all that apply) Yes No (Asthma, Diabetes, Seizures,Kidney I 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(llstbelow) Yes No Allergy: Reaction Allergy: Reaction 12. Medications (list below) Yes No Name: Dose: Frey: Name: Dose: Freq: Name: Dose: Freq: -)Call PCHS at time of booking if detainee has medications but NOT with them! Detention Offloor: Date: Time: ! I • • , EXHIBIT B PARENTAL CONSENT FOR MEDICAL TREATMENT KITSAP COUNTY JUVENILE DETENTION CENTER HEALTH SERVICES Parental Consent for Medical Treatment ' I I, ,parenUlegal guardian of a detainee at the Kitsap County Juvenile Detention Facility(KCJDP),do hereby give my consent for routine and/or emergent medical or dental care and/or immunizations,ns 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 KCJDP 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 thither 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 KCJDP 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 KCJDP staff,under the direction of the 1-lenith 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 1 � Medical Insurance: Group: Policy If: I 1 CARE TEAM Primary care provider(PCP): Name: Phone: Specialists: Name: Phone: Case manager(DSHS,school,etc)? Name: Phone: `Neagh Services staff to netrfj&/coordinate c(/orls with care feast outside detention corner as able/appropriate. Other information we should know about your child? This nulhoriznlion is valid from tills date of this authorization mull the minor has compteled all detention lime under this Cause Number as ordered by the Court,or until the minor has reached the age of consent. • I Parent/Guardian/Other Date Time DOH Detention Officer/Probation Officer Date Time VERBAL Consent Verbal consent given by ,parent and/or legal guardian of oared 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 Ill Doll Date: Time: • Detention Officer 112 DOH Dale: Time: Updated for use effective 12/01/2023 Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Shannon Burns DATE: Dee i Ibe .112t7211 RE: Ltterlocal 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 arc 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. S Y Y Mark McC e ,Count Admit '§trato Date/2/r/ • - I CONTRACT REVIEW FORM clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: KltsapCounty 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 Burns Contact Phone: (350085.1190 Contact entail: sbums®wpeerson.ws us AMOUNT: As Needed: $150 per day per bed use PROCESS: — Exempt from Bid Process Revenue: _ Cooperative Purchase Expenditure: up to S55.000 mauded In budget Competitive Sealed Bid Matching Funds Required: —Small Works Roster Sources(s)of Matching Funds _Vendor List laid Fund h _ REP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP I. DEPARTMENT CERTIFIES CO ' IANCE WITH.ICC 3.55.1180 AND CHAPTER 42_23 RCW. CERTIFIED: n N/A:0 _� S 4 11/ 3l1/ 'Z'h Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) IIAS NOT WEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. / r CERTIFIED: 111 N/A: El1 C __ 1/?v/ ZS Signature Date/ STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Lnscrficbe): Electronically approved by Risk Management on 11/30/2023. STEP 4;PROSECUTING ATTORNEY REVIEW(will be added electronically through Insert-idle): Electronically approved as to form by PAO on 11/30/2023. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT ANI) PROSECUTING ATTORNEY(II REQUIRED). STEP 6:CONTRACTOR SIGNS STEP 7;SUBMIT TO BOCC FOR APPROVAL. 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: Mark McCauley ounty Administrator Date (f 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 Term: 01-01-2024 to 12-31-2024 COUNTY DEPARTMENT: Juvenile and Family Court Services Contact Person: Shannon Bums Contact Phone: (360)385-9190 Contact email: sbums@co.jefferson.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 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: �■ N/A:❑ �.�(�/( c 6fMA I d/`p/ 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: ID N/A: ❑ 0Aek-wit 45414 Signature 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(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1