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HomeMy WebLinkAbout5210Contract Number Vendor. Sub�ect- Department. File Class Begin Date: End Date Review Date Vault Date: 5210 KITSAP COUNTY ILA-Juvenile Detention Facilities KC-192-12 Court LEG 12-1 11/26/2012 12/31/2015 6/30/2015 2017 Comments a KC-laz-1 �. INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND CITY OF BREMERTON PROVISION OF JUVENILE DETENTION FACILITIES Whereas, Kitsap County has and mamtams a�uvenile detention facilrty ("Facility") at the Kitsap County Youth Services Center pursuant to RCW chapter 13, et seq, Whereas, City of Bremerton does not possess sufficient facilities to lodge youth under the age of eighteen 18 who are alleged or ad�udicated�uvemle offenders pursuant to the laws of the State of Washmgton, Whereas, it will benefit both Kitsap County and City of Bremerton by limiting costs associated with the detention of City of Bremerton youth and helpmg Kitsap County to obtam revenue from beds that might otherwise sit empty, Whereas, Kitsap County is a political subdivision of the State of Washmgton and City of Bremerton is a mumcipal corporation m the State of Washmgton, Now, therefore, m accordance with the Interlocal Cooperation Act (RCW Chapter 39 34) and pursuant to RCW 13 04 030(1)(e)(iii), the County of Kitsap and City of Bremerton enter mto this agreement The parties agree as follows I. GEN�RAL CONDITIONS A Effective Date of Agreement. The effective date of this agreement shall be upon execution of this agreement by the parties B Len�th of Term The term of the Agreement shall be the period of from the effective date through December 31, 2015 C If either party is in breach of this Agreement, the other party may termmate this Agreement immediately by providmg written notice to the offendmg party The parties accept the risk that termmation of this agreement may result m the turnmg away of potential detamees who would otherwise be accepted at the Facility D Contract Admmistrator This agreement shall be admmistered for Kitsap County by Michael S Merrmger, Director of the Kitsap County Juvemle Department, Kitsap County Youth Service Center, 1338 SW Old Clifton Road, Port Orchard, Washmgton, 98367 and by the Chief of the Bremerton Police Department for City of Bremerton II. 5PECIFIC TERMS AND CONDITIONS: A Detention Kitsap County will provide secure custody/detention for �uvemles detamed pursuant to Washington State law, includmg but not Juvenile Detention Facilities limited to RCW 13 04 030, m accordance with the rules, policies, and procedures governmg the detention of �uvemles B This Agreement is limited to detention of �uvemles for offenses which are withm the �urisdiction of the Bremerton Mumcipal Court under RCW 13 040 030(1)(e)(iii), and are charged within said court All youth held within the �uvemle facility on offenses otherwise sub�ect to the �urisdiction of other courts, mcluding but not limited to Kitsap County Superior Court, are not governed by this Agreement C Admission (1) When the City of Bremerton is the arrestmg agency for any offense subJect to the �urisdiction of the Bremerton Mumcipal Court, the City certifies, by the act of presenting a youth for detention, that the youth is legally detamable As soon as reasonably practicable, the City shall present all applicable court orders for the detainee, mcludmg but not limited to warrants of arrest, bench warrants, chargmg documents and statements of probable cause Kitsap County shall bear no responsibility to screen referrals against Kitsap County's specific detention criteria, and legal standards for detention City of Bremerton shall defend and hold Kitsap County harmless for any legal action resultmg from the detention of a youth wrongfully presented by the City of Bremerton for detention and shall pay any�udgment assessed agamst Kitsap County for wrongly detammg a City of Bremerton youth (2) Prior to presentmg a youth for detention, City of Bremerton shall contact the detention center and obtam verification that Kitsap County will accept the youth for detention Upon presentmg, or if on a weekend/holiday on the next busmess day, an unconvicted youth for detention based upon the terms of the Court's conditions for release, the City of Bremerton shall provide to the detention staff the pertment court orders settmg forth the Court's conditions for release for that youth to the extent any such orders or conditions exist Upon presentmg a youth for detention after sentencing, the City of Bremerton shall provide to the detention staff the �udgment and sentence and order of commitment pertammg to that youth All psycho-social history known to the Court or its staff shall be conveyed m writmg to Detention Facility personnel (3) Any youth who is unconscious, under the mfluence of alcohol and/or drugs, or gravely disabled as defined m RCW 71 34 020 may not be accepted mto detention At the time of presentmg a youth for detention, the City of Bremerton shall provide to the Detention Facility all mformation known about the youth's alcohol an/drug usage and all mformation known about a youth's mental health status (4) Any youth with significant m�uries, or who reports that he or she is currently experiencing sigmficant medical problems, may be accepted m detention only when approved fit for detention by a medical doctor or emergency room medical staff 2 Juvenile Detention Facilities (5) For youths who are detained pre-conviction and ad�udged to be suffermg from a non-emergent medical condition, the Detention Facility shall make reasonable efforts to notify the City of Bremerton Court Administrator of the condition, so that the City may exercise the option of ad�ustmg conditions of release or makmg other arrangements to provide the opportumty for the youth to receive medical care without charges accrumg to the City (6) All reasonable efforts will be made to provide detention for City of Bremerton detamees, However, Kitsap County reserves the right to release a detamed City of Bremerton youth should overcrowding or conditions outside the Facility's control necessitate such a release All City of Bremerton detamees shall be released consistent with the detention facilities' current policy and procedures (7) Should the detention facility discover durmg the mtake process conditions as described m Section C paragraphs (3) and(4) that would prohibit the facility from takmg custody of the City of Bremerton's detamee, the City of Bremerton shall arrange pick up of the youth withm a reasonable amount of time and take such actions as deemed necessary by the City of Bremerton (8) City of Bremerton shall, to the fullest extent practicable, provide all uiformation available to the Crty regardmg its detamees as is routmely required by the Facility Such information shall mclude any known accommodahon requirements for detainees pursuant to the Americans with Disabilities Act and the mformation identified on the Facilities' Intake Assessment Record, of which a true copy of the current version is attached hereto as Exhibit A and mcorporated herem by the reference (9) If a youth is incarcerated by another law enforcement agency on a warrant issued by the City of Bremerton, Kitsap County shall provide notice to the City upon booking No charges shall accrue agamst the City until the City has been provided with notice as set forth m this paragraph (10) Krtsap County shall mcarcerate detamees received from the City of Bremerton until the followmg occur (a) expiration of the term of confinement as mdicated m a Warrant or Order of Commitment, or (b) upon postmg of bail, or (c) receipt of a directive from a law enforcement officer (supervisory rank or higher) or prosecutmg attorney of the City of Bremerton to release such person held under probable cause without Judicial process, or (d) for those held upon probable cause without �udicial process upon the passage of two (2) busmess days, provided, prior to releasmg any person pursuant to this subsection, Kitsap County shall attempt to contact the Crty of Bremerton to ascertam the City of Bremerton's desire with regard to said person, provided that the City of Bremerton shall agree to 3 Juvenile Detention Facilities defend and hold Kitsap County harmless as set forth below for any claim or action resulting from the detention of an mdividual wrongly detamed at the direction of the City of Bremerton (11) It shall be Kitsap County's responsibility to confine the detainee, to supervise, disciplme and control said detamee; take such steps as to necessary to safeguard the detamee's health and safety, and to admmister the detainee's sentence pursuant to the order of the committmg court m the State of Washmgton (12) Kitsap County will provide education and any other services to detamees m the same manner as rt provides services to youth detained by Kitsap County Juvemle Court III. TRANSPORTATION: A For youth held by Kitsap County on behalf of the City of Bremerton, City of Bremerton shall assume financial responsibility for costs of transportation and security necessarily mcurred to secure emergent medical evaluations and/or emergency treatment Emergent medical evaluations and/or treatment are such necessary medical services that are not available from the health care program withm the Facility Nothmg herem shall preclude the City of Bremerton from retakmg custody of an ill or m�ured detamee by pickmg the detamee up for transfer from detention, provided, m situations Kitsap County deems that a detamee requ�res emergency medical care, Kitsap County shall have the right to arrange for emergency medical services notwithstandmg a request from the City of Bremerton to retake custody of the detamee. Kitsap County shall make reasonable efforts to notify the City of Bremerton prior to securmg emergent medical evaluations and/or emergency treatment for the detamee B Cost for transportation and stand-by time performed by Kitsap County staff shall be the Internal Revenue Service mileage rate m effect at the time of the service performed and the current cost to provide a detention officer (currently $28 00 per officer per hour) C A detamee servmg a sentence or commitment will not be held beyond his/her sentence or commitment expiration date and time IV. MEDICAL TREATMENT A KITSAP COUNTY shall provide to City of Bremerton detainees at no addrtional charge those routme medical services that are provided to other detamees for which the health care provider does not render a separate billmg for providmg care to a specific individual B City of Bremerton shall reimburse Kitsap County for non-cosmetic dental services, prescription drugs, and for medical services for which a health care provider renders a separate billmg for providing care to a specific City of Bremerton detamee In the event that a City of Bremerton detamee is hospitalized, Kitsap County will immediately contact City of ►,i Juvenile Detention Facilities Bremerton. The City of Bremerton will determme and notify Kitsap County whether it requires custodial security during the period of hospitalization If custodial security is required, City of Bremerton will be responsible for the cost of the custodial security provided C. Kitsap County agrees that the City of Bremerton shall only be responsible for the cost of prescriptions necessary for the duration of the youth's mcarceration By way of example, if a youth is sentenced to 5 days of custody, Kitsap County shall not charge the City for more than 5-days worth of prescription medicme D No Waiver of Ri�ht to Seek Reimbursement The above paragraphs relatmg to medical costs are mtended solely to define the obligations between the parties to this agreement. Nothmg contamed withm the provisions of this agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the department of social and health services, or from the detamee, his or her parendguardian, or any other responsible third-party V. FEES: A The basic fee for detention/custody on behalf of the City for cases charged withm the Bremerton Mumcipal Court shall be eighty dollars ($80 00) per day, per detamed youth B If the detainee is also being held by other court(s), the detention/custody fee shall be apportioned on an equal basis between the respective �urisdictions havmg custody of the detamee C A billable custody day shall be defined as any period longer than twelve (12) hours of any calendar day For youths detamed pre-conviction, billable custody days will begm accrumg on the date of the youth's first hearmg m Bremerton Municipal Court For youths detamed post- conviction, billable custody days will begm accrumg on the date of the youth's mtake D When a detainee is held for 12 hours or less, the charge shall be reduced to forty dollars ($40 00) VI. BILLINGS: A Kitsap County shall bill City of Bremerton for detention costs on a monthly basis B City of Bremerton shall pay all billmgs m a timely manner, not to exceed thirty (30) days from the date of billmg VII. INSURANCE/HOLD HARMLESS: Kitsap County and the City of Bremerton shall mamtam, throughout the term of this agreement, msurance adequate to protect both parties agamst claims that may arise as a result of the performance of this agreement Such msurance shall be placed with responsible insurers, self-msured, or carried through participation m an msurance pool at levels of coverage adequate to protect Krtsap County and the 5 Juvenile Detention Facilities City of Bremerton agamst loss, and as are ordmarily carried by mumcipalities engaged m similar operations Upon request of the other party, Kitsap County and the City of Bremerton shall maintam and provide evidence of liability coverage The City of Bremerton shall hold harmless, mdemmfy and defend Kitsap County, its officers, officials, employees and agents, from and agamst any and all claims, actions, suits, liability, loss, expenses, damages, and �udgments of any nature whatsoever, mcludmg, but not limited to, reasonable costs and attorneys' fees m defense thereof, for in�ury, sickness, disability or death to persons or damage to property or busmess, caused by or arismg out of the City of Bremerton's performance of its obligations under this agreement, or the performance of its employees, agents, or subcontractors or anyone for whose acts any of them may be liable PROVIDED, HOWEVER, that the City of Bremerton's obligation hereunder shall not extend to m�ury, sickness, death or damage caused by or arismg out of the sole negligence of Kitsap County, its officers, officials, employees or agents. PROVIDED FIJRTHER that in the event of the concurrent negligence of the parties, the City of Bremerton's obligations hereunder shall apply only to the percentage of fault attributable to the City of Bremerton, rts employees, agents, or subcontractors Kitsap County shall hold harmless, mdemmfy and defend the Crty of Bremerton, its officers, officials, employees and agents, from and agamst any and all claims, actions, suits, liability, loss, expenses, damages, and �udgments of any nature whatsoever, mcludmg, but not limited to, reasonable costs and attorneys' fees in defense thereof, for m�ury, sickness, disability or death to persons or damage to property or busmess, caused by or arismg out of Kitsap County's performance of its obligations under this agreement, or the performance of its employees, agents, or subcontractors or anyone for whose acts any of them may be liable PROVIDED, HOWEVER, that Kitsap County's obligation hereunder shall not extend to in�ury, sickness, death or damage caused by or arismg out of the sole negligence of the City of Bremerton, its officers, officials, employees or agents PROVIDED FLJRTHER that m the event of the concurrent negligence of the parties, Kitsap County's obligations hereunder shall apply only to the percentage of fault attributable to Kitsap County, its employees, agents, or subcontractors The terms of Section VII, INSURANCE/HOLD HARMLESS shall survive the termination or expiration of this Agreement VIII. LEGAL REPRESENTATION OF DETAINEE: City of Bremerton shall be responsible for respondmg to detamees' request for legal assistance or legal representation If a City of Bremerton detamee makes a request for legal assistance or representation to a Kitsap County Detention Officer, or elected or appomted official while detamed m the detention facilrty, Kitsap County shall make a reasonable opportunity available for the detainee to contact the detamee's legal counsel (if already represented) or shall notify the City of Bremerton of the detamee's request for counsel at the earliest opportumty � Juvenile Detention Facilities IX. APPLICATION OF DETENTION RULES: Kitsap County Detention Rules and Practices shall be applicable, except m cases of conflict with this agreement In the event of such conflict, this agreement will control X. RELEASE FROM DETENTION: A Any City of Bremerton detamee shall be released, upon demand, to any City of Bremerton law enforcement officer (supervisory rank or higher) B Any City of Bremerton detamee shall be released upon written direction or verified verbal direction of the City of Bremerton Mumcipal Court or officer thereof XI. NON-DETENTION CUSTODY SERVICES: Non-detention custody services shall not be affected by this agreement Court services, probation services, or the like, shall continue to be the responsibility of City of Bremerton and are not sub�ect to this agreement XII. FILING: The parties will file this agreement with the Kitsap County Auditor's Office and with the Secretary of the State of Washington pursuant to RCW 39 34 040 XIII. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made m writmg by an authorized representative of the party to be bound thereby Failure to msist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance, nor does payment of a billmg or contmued performance, after notice of a deficiency m performance, constitutes acquiescence thereto XIV. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is executed m accordance with the authority of Chapter 39 34 RCW, the Interlocal Cooperation Act Pursuant to the provisions of RCW 39 34 030, Kitsap County shall be responsible for admmistermg the conf'inement of detamees hereunder No real or personal property will be �omtly acquired by the parties under this Agreement All property owned by each of the parties shall remain its sole property to hold and dispose of m its sole discretion XV. TERMINATION: This Agreement may be termmated prior to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herem Termmation by said notice shall become effective one hundred twenty � Juvenile Detention Facilities (120) days after receipt of such notice The notice shall set forth the reason the party wishes to termmate the Agreement and the speci�c plan for accommodatmg the affected detamees, if any Should a youth be detained within the Youth Center beyond the termmation date, Kitsap County will continue to hold the youth pursuant to the terms of any Court Order, and the provisions of this agreement shall contmue to apply for the purposes of that detention alone XVI. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the provisions of RCW 39 34 180(3), as now m effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39.34 180(3), as now m effect or as heremafter amended, to arbitrate the level of compensation for mcarceration services charged under this Agreement, or any renewal thereof, that either party may posses The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herem or as otherwise agreed to in a writmg executed by the parties XVII. GOVERNING LAW/VENUE: The parties hereto agree that, except where expressly otherwise provided, the laws and admmistrative rules and regulations of the State of Washington shall govern m any matter relating to this Agreement and to a detainee's confinement under this Agreement This Agreement shall be construed and mterpreted m accordance with the laws of the State of Washington and m the event of dispute, the venue for any action brought hereunder shall be in Kitsap County Superior Court XVIII. MISCELLANEOUS: In providmg these services to the Crty of Bremerton, Kitsap County is an mdependent contractor and neither its officers, agents, nor employees are employees of the City of Bremerton for any purpose mcludmg responsibility for any federal or state tax, industrial insurance or Social Security liability No provision of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Crty of Bremerton under any applicable law, rule, or regulation XIX. NO THIRD PARTY BENEFICIARY: Nothmg contamed in this Agreement shall be construed to create a liability or a right of indemnification by any third party XX. NON-DELEGATION/NON-ASSIGNMENT: Neither party may delegate the performance of any contractual obligation, to a th�rd party, unless mutually agreed in writing Neither party may assign this agreement without the written consent of the other party : Juvenile Detention Facilities XXI. SEVERABILITY: If any provision of this contract shall be held mvalid, the remamder of this contract shall not be affected thereby if such remainder would then contmue to serve the purposes and ob�ectives of both parties Dated this � � �day of ���� 2012 A ST ` Shannon L Corm, City Clerk CITY OF BREMERTON � PATTY L T, Mayor , Dated thi day of 2012 � co�n�y O ��,t P'T E O,� � Q •� 2 O; •rn `� � � • � Z '�'i�, `'4�,11 �J G�� � � ATTES S, p C ��� � BOARD OF COUNTY COMNIISSIONERS KITSAP COUNTY, WASHINGTON I v 0 i - ���-��.'�1 ROBERT GELDER, Chair . CHARLOTTE GARRIDO, Commissioner �/ ���� ana anie s JOSH BROWN, Commissioner Interim Clerk of the Board 0 Juvenile Detention Facilities