HomeMy WebLinkAbout9001AGENDA BILL 6F
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Interlocal Agreement Between
Kitsap County and City of Bremerton -
Provision of Juvenile Detention Facilities
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
August 10, 2016
August 17, 2016
Police
James Burchett
(360) 473-5224
SUMMARY: Kitsap County will provide secure custody/detention for juveniles detained by order of
the Bremerton Municipal Court.
ATTACHMENTS: ILA Between Kitsap County and City of Bremerton - Provision of Juvenile
Detention Facilities
FISCAL IMPACTS (Include Budgeted Amount): One Hundred Twenty Dollars ($120.00) per day, per
detained youth.
STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Police Department's expenditure of funds; and authorize the Mayor to finalize
and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: 2/Approve
Form Updated 01/07/15
❑ Deny ❑ Table ❑ Continue ❑ No Action
KC -371-15
INTERLOCAL AGREEMENT
BETWEEN
KITSAP COUNTY AND CITY OF BREMERTON
PROVISION OF JUVENILE DETENTION FACILITIES
Whereas, Kitsap County has and maintains a juvenile detention facility
("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 adjudicated juvenile offenders pursuant
to the laws of the State of Washington;
Whereas, it will benefit both Kitsap County and City of Bremerton by limiting
costs associated with the detention of City of Bremerton youth and helping Kitsap
County to obtain revenue from beds that might otherwise sit empty;
Whereas, Kitsap County is a political subdivision of the State of Washington and
City of Bremerton is a municipal corporation in the State of Washington;
Now, therefore, in 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 into this agreement. The parties agree as follows:
I. GENERAL CONDITIONS
A. Effective Date of Agreement. The effective date of this agreement shall
be upon execution of this agreement by the parties.
B. Length of Term. The term of the Agreement shall be the period from the
effective date through December 31, 2017.
C. If either party is in breach of this Agreement, the other party may
terminate this Agreement immediately by providing written notice to the
offending party. The parties accept the risk that termination of this
agreement may result in the turning away of potential detainees who
would otherwise be accepted at the Facility.
D. Contract Administrator. This agreement shall be administered for Kitsap
County by Michael S. Merringer, Director of the Kitsap County Juvenile
Department, Kitsap County Youth Service Center, 1338 SW Old Clifton
Road, Port Orchard, Washington, 98367 and by the Chief of the
Bremerton Police Department for City of Bremerton.
II. SPECIFIC TERMS AND CONDITIONS:
A. Detention. Kitsap County will provide secure custody/detention for
juveniles detained pursuant to Washington State law, including but not
limited to RCW 13.04.030, in accordance with the rules, policies, and
procedures governing the detention of juveniles.
B. This Agreement is limited to detention of juveniles for offenses which are
within the jurisdiction of the Bremerton Municipal Court under RCW
13.040.030(1)(e)(iii), and are charged within said court. All youth held
within the juvenile facility on offenses otherwise subject to the jurisdiction
of other courts, including but not limited to Kitsap County Superior Court,
are not governed by this Agreement.
C. Admission
(1) When the City of Bremerton is the arresting agency for any offense
subject to the jurisdiction of the Bremerton Municipal Court, the
City certifies, by the act of presenting a youth for detention, that
the youth is legally detainable. As soon as reasonably practicable,
the City shall present all applicable court orders for the detainee,
including but not limited to warrants of arrest, bench warrants,
charging 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 resulting from the detention of a
youth wrongfully presented by the City of Bremerton for detention
and shall pay any judgment assessed against Kitsap County for
wrongly detaining a City of Bremerton youth.
(2) Prior to presenting a youth for detention, City of Bremerton shall
contact the detention center and obtain verification that Kitsap
County will accept the youth for detention. Upon presenting, or if
on a weekend/holiday on the next business 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 pertinent court orders setting forth the Court's conditions
for release for that youth to the extent any such orders or
conditions exist. Upon presenting a youth for detention after
sentencing, the City of Bremerton shall provide to the detention
staff the judgment and sentence and order of commitment
pertaining to that youth. All psycho -social history known to the
Court or its staff shall be conveyed in writing to Detention Facility
personnel.
(3) Any youth who is unconscious, under the influence of alcohol
and/or drugs, or gravely disabled as defined in RCW 71.34.020
may not be accepted into detention. At the time of presenting a
youth for detention, the City of Bremerton shall provide to the
Detention Facility all information known about the youth's alcohol
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and drug usage and all information known about a youth's mental
health status.
(4) Any youth with significant injuries, or who reports that he or she is
currently experiencing significant medical problems, may be
accepted in detention only when approved fit for detention by a
medical doctor or emergency room medical staff.
(5) For youths who are detained pre -conviction and adjudged to be
suffering 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 adjusting conditions of release or
making other arrangements to provide the opportunity for the
youth to receive medical care without charges accruing to the City.
(6) All reasonable efforts will be made to provide detention for City of
Bremerton detainees, However, Kitsap County reserves the right to
release a detained City of Bremerton youth should overcrowding
or conditions outside the Facility's control necessitate such a
release. All City of Bremerton detainees shall be released
consistent with the detention facilities' current policy and
procedures.
(7) Should the detention facility discover during the intake process
conditions as described in Section C. paragraphs (3) and(4) that
would prohibit the facility from taking custody of the City of
Bremerton's detainee, the City of Bremerton shall arrange pick up
of the youth within 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 information available to the City regarding its detainees as is
routinely required by the Facility. Such information shall include
any known accommodation requirements for detainees pursuant to
the Americans with Disabilities Act and the information identified
on the Facilities' Intake Assessment Record, of which a true copy
of the current version is attached hereto as Exhibit A and
incorporated herein by this 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
against the City until the City has been provided with notice as set
forth in this paragraph.
(10) Kitsap County shall incarcerate detainees received from the City of
Bremerton until the following occur:
(a) expiration of the term of confinement as indicated in a
Warrant or Order of Commitment; or
(b) upon posting of bail; or
(c) receipt of a directive from a law enforcement officer
(supervisory rank or higher) or prosecuting attorney of the
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City of Bremerton to release such person held under
probable cause without judicial process; or
(d) for those held upon probable cause without judicial process
upon the passage of two (2) business days; provided, prior
to releasing any person pursuant to this subsection, Kitsap
County shall attempt to contact the City of Bremerton to
ascertain the City of Bremerton's desire with regard to said
person; provided that the City of Bremerton shall agree to
defend and hold Kitsap County harmless as set forth below
for any claim or action resulting from the detention of an
individual wrongly detained at the direction of the City of
Bremerton.
(11) It shall be Kitsap County's responsibility to confine the detainee; to
supervise, discipline and control said detainee; take such steps as
necessary to safeguard the detainee's health and safety; and to
administer the detainee's sentence pursuant to the order of the
committing court in the State of Washington.
(12) Kitsap County will provide education and any other services to
detainees in the same manner as it provides services to youth
detained by Kitsap County Juvenile 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 incurred 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 within the Facility. Nothing
herein shall preclude the City of Bremerton from retaking custody of an ill
or injured detainee by picking the detainee up for transfer from detention;
provided, in situations Kitsap County deems that a detainee requires
emergency medical care, Kitsap County shall have the right to arrange for
emergency medical services notwithstanding a request from the City of
Bremerton to retake custody of the detainee. Kitsap County shall make
reasonable efforts to notify the City of Bremerton prior to securing
emergent medical evaluations and/or emergency treatment for the
detainee.
B. Cost for transportation and stand-by time performed by Kitsap County
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 $28.00 per officer per hour).
C. A detainee serving a sentence or commitment will not be held beyond
his/her sentence or commitment expiration date and time.
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IV. MEDICAL TREATMENT
A. KITSAP COUNTY shall provide to City of Bremerton detainees at no
additional charge those routine medical services that are provided to other
detainees for which the health care provider does not render a separate
billing for providing 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 billing for providing care to a specific
City of Bremerton detainee. In the event that a City of Bremerton detainee
is hospitalized, Kitsap County will immediately contact City of
Bremerton. The City of Bremerton will determine 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
incarceration. 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 medicine.
D. No Waiver of Right to Seek Reimbursement. The above paragraphs
relating to medical costs are intended solely to define the obligations
between the parties to this agreement. Nothing contained within 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 detainee, his or her parent/guardian, or
any other responsible third -party.
V. FEES:
A. The basic fee for detention/custody on behalf of the City for cases charged
within the Bremerton Municipal Court shall be one hundred twenty dollars
($120.00) per day, per detained 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
jurisdictions having custody of the detainee.
C. A billable custody day shall be defined as any period longer than twelve
(12) hours of any calendar day. For youths detained pre -conviction,
billable custody days will begin accruing on the date of the youth's first
hearing in Bremerton Municipal Court. For youths detained post-
conviction, billable custody days will begin accruing on the date of the
youth's intake.
D. When -a detainee is held for 12 hours or less, the charge shall be reduced to
sixty dollars ($60.00).
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VI. BILLINGS:
A. Kitsap County shall bill City of Bremerton for detention costs on a
monthly basis.
B. City of Bremerton shall pay all billings in a timely manner, not to exceed
thirty (30) days from the date of billing.
VII. INSURANCEMOLD HARMLESS:
Kitsap County and the City of Bremerton shall maintain, throughout the term of
this agreement, insurance 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 County and the
City of Bremerton against loss, and as are ordinarily carried by municipalities
engaged in similar operations. Upon request of the other party, Kitsap County and
the City of Bremerton shall maintain and provide evidence of liability coverage.
The City of Bremerton shall hold harmless, indemnify and defend Kitsap County,
its officers, officials, employees and agents, from and against any and all claims,
actions, suits, liability, loss, expenses, damages, and judgments of any nature
whatsoever, including, but not limited to, reasonable costs and attorneys' fees in
defense thereof, for injury, sickness, disability or death to persons or damage to
property or business, caused by or arising 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 injury, sickness, death or damage caused by or
arising out of the sole negligence of Kitsap County, its officers, officials,
employees or agents. PROVIDED FURTHER 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, its
employees, agents, or subcontractors.
Kitsap County shall hold harmless, indemnify and defend the City of Bremerton,
its officers, officials, employees and agents, from and against any and all claims,
actions, suits, liability, loss, expenses, damages, and judgments of any nature
whatsoever, including, but not limited to, reasonable costs and attorneys' fees in
defense thereof, for injury, sickness, disability or death to persons or damage to
property or business, caused by or arising 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 injury, sickness, death or damage caused by or arising out of the
sole negligence of the City of Bremerton, its officers, officials, employees or
agents. PROVIDED FURTHER that in the event of the concurrent negligence of
541
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 indemnitor waives its immunity under Title 51 (Industrial Insurance) of the
Revised Code of Washington solely for the purposes of this provision and
acknowledges that this waiver was mutually negotiated. The terms of Section
VII, INSURANCEMOLD HARMLESS shall survive the termination or
expiration of this Agreement.
VIIL LEGAL REPRESENTATION OF DETAINEE:
City of Bremerton shall be responsible for responding to detainees' request for
legal assistance or legal representation. If a City of Bremerton detainee makes a
request for legal assistance or representation to a Kitsap County Detention
Officer, or elected or appointed official while detained in the detention facility,
Kitsap County shall make a reasonable opportunity available for the detainee to
contact the detainee's legal counsel (if already represented) or shall notify the
City of Bremerton of the detainee's request for counsel at the earliest opportunity.
IX. APPLICATION OF DETENTION RULES:
Kitsap County Detention Rules and Practices shall be applicable, except in 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 detainee shall be released, upon demand, to any
City of Bremerton law enforcement officer (supervisory rank or higher).
B. Any City of Bremerton detainee shall be released upon written direction or
verified verbal direction of the City of Bremerton Municipal 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 subject 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.
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XIII. WAIVER OF RIGHTS:
No waiver of any right under this Agreement shall be effective unless made in
writing by an authorized representative of the party to be bound thereby. Failure
to insist upon 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 billing or continued performance, after notice of a deficiency in
performance, constitutes acquiescence thereto.
XIV. ADMINISTRATION/DISPOSAL OF PROPERTY:
This Agreement is executed in 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 administering the confinement
of detainees hereunder. No real or personal property will be jointly 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 in its sole discretion.
XV. TERMINATION:
This Agreement may be terminated prior to expiration by written notice from
either party delivered by regular mail to the contact person at address set forth
herein. Termination by said notice shall become effective one hundred twenty
(120) days after receipt of such notice. The notice shall set forth the reason the
party wishes to terminate the Agreement and the specific plan for accommodating
the affected detainees, if any. Should a youth be detained within the Youth
Center beyond the termination date, Kitsap County will continue to hold the youth
pursuant to the terms of any Court Order, and the provisions of this agreement
shall continue 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 in effect, and that of their own free will they hereby
expressly waive any and all rights under RCW 39.34.180(3), as now in effect or
as hereinafter amended, to arbitrate the level of compensation for incarceration
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
herein or as otherwise agreed to in a writing executed by the parties.
XVII. GOVERNING LAW/VENUE:
The parties hereto agree that, except where expressly otherwise provided, the laws
and administrative rules and regulations of the State of Washington shall govern
in any matter relating to this Agreement and to a detainee's confinement under
N.
this Agreement. This Agreement shall be construed and interpreted in accordance
with the laws of the State of Washington and in the event of dispute; the venue for
any action brought hereunder shall be in Kitsap County Superior Court.
XVIIL MISCELLANEOUS:
In providing these services to the City of Bremerton, Kitsap County is an
independent contractor and neither its officers, agents, nor employees are
employees of the City of Bremerton for any purpose including 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 City of
Bremerton under any applicable law, rule, or regulation.
XIX. NO THIRD PARTY BENEFICIARY:
Nothing contained 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
third party, unless mutually agreed in writing. Neither party may assign this
agreement without the written consent of the other party.
XXI. SEVERABILITY:
If any provision of this contract shall be held invalid, the remainder of this
contract shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of both parties.
In witWs thereof, the parties hereto have approved and executed this agreement, this
�fday of T 2016.
CITY OF BREMERTON
Pattent, a
ATTEST:
qttg, -
Shannon Corin, City Clerk
9
Approved and Executed this day of '2016.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
TE• cS' ~'
m EDWARD E. WO E, Chair
C'
ATTEST: `�s,,!yING,..•��(
�ih 60 C ARLOTTE GARMO, Commissioner
t
Dana Daniels ROBERT i3ELDfR, Commissioner
Interim Clerk of the Board