Loading...
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 2 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 3 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. 4 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). 5 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. 7 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