HomeMy WebLinkAbout5210Contract Number
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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
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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
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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
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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
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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
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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
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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
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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,� �
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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
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Juvenile Detention Facilities