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INTERLOCAL AGREEMENT FOR JUVENILE DETENTION SERVICES
BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD
This Interlocal Agreement for Juvenile Detention Services ("Agreement") is entered between Kitsap
County, a Washington state political subdivision, and the City of Port Orchard, Washington state municipal
corporation ("City").
RECITALS
WHEREAS the County is authorized by law to operate the Kitsap County Juvenile Detention Facility
("Detention Facility") to confine juvenile offenders.
WHEREAS the City does 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 the City's juvenile offenders, pursuant to the lawful authority of the City, for a rate of
compensation as mutually agreed to by the parties.
WHEREAS the County and City agree that entering into this Agreement would be mutually beneficial.
AGREEMENT
NOW, THEREFORE, in consideration 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 County will occur when the Detention Facility
staff have advised City'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 not routinely offered by Kitsap County's in-house
health care provider in the Detention Facility, regardless of where such services are 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 "Agreement" means this Agreement for the provision of Juvenile Detention Services, Exhibit A
(Detention Facility Intake Assessment), and Exhibit B (Parental Consent for Medical Treatment),
all which are incorporated in full by reference.
1.4 "Port Orchard Representative" means an authorized member of the Port Orchard Police Department
or other authorized representative of the City.
1.5 "Bed -Day" means any consecutive period of time exceeding 12 hours during which a Juvenile is in
the custody of the Kitsap County Juvenile Department Detention Facility, which includes booking.
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1.6 "Booking" means the process in which the Juvenile's personal data is recorded; City'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.
1.7 "Detention Facility" means Kitsap County Juvenile Department Detention Facility.
1.8 "Detention Manager" means the Kitsap County Juvenile Detention Facility Manager or his/her
designee.
1.9 "Detention Services" means all services and functions provided by Kitsap County related to the
Juvenile's confinement, care, and management, including, without limitation: security, custody,
intake, booking, housing, meals, supervision, maintenance, operational overhead, access to
recreation, education, routine medical/dental/mental health services, and transportation arranged
by the Kitsap County.
1.10 "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 their essential human needs of health or safety;
or manifests severe deterioration in routine functioning evidenced by repeated 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.
1.11 "Juvenile" means a youth under the chronological age of eighteen years of age arrested on a City's
warrant or by the City's law enforcement officers for violating a law for which confinement of a
juvenile is lawful.
1.12 "Partial Bed -Day" means any consecutive f 12 hours or less during which a Juvenile is in the custody
of the Kitsap County Juvenile Detention Facility, which includes Booking.
SECTION 2 DETENTION SERVICES
2.1 General. This Agreement is limited to the detention of juveniles for offenses which are within the
jurisdiction of, and charged within, City's Municipal Court.
2.2 Admission. Kitsap County agrees to admit Juveniles for confinement in the Detention Facility when
arrested by law enforcement or detained by court order, provided they meet the criteria of Section
6 (Presentation and Admission). Juveniles initially released to City's custody by court order or
otherwise shall only be readmitted upon presentation of a new, lawful basis for detention (e.g. a
new offense, new court order, or new warrant).
2.3 Duration Restriction. Confinement of a Juvenile will not exceed 30 consecutive days unless
otherwise agreed to by Kitsap County on a case -by -case basis.
2.4 Education/Health Care Services. Kitsap County will provide the Juveniles confined in the
Detention Facility with access to the same education, medical, dental, and other Detention Services
provided to other juveniles confined in the Detention Facility as required by law and Kitsap County
policy and procedures.
2.5 Juvenile Compliance. All Juveniles confined in the Detention Facility shall be subject to and
expected to comply with all Detention Facility rules, including those related to discipline,
emergency, safety and security rules.
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2.6 Juveniles Exceeding 18 years. Upon the prior written request from the City, Kitsap County may
continue to confine a Juvenile past their 18th birthday, provided the City provides proof the
Juvenile is enrolled in school. In no event will Kitsap County confine a Juvenile beyond their 19th
birthday. Kitsap County retains the absolute right in its sole discretion to reject or revoke the
confinement of any Juvenile exceeding 18 years of age at any time and for any reason.
2.7 Right of Refusal. Kitsap County at all times and for all purposes under this Agreement retains the
absolute right in its sole discretion to reject, limit, or revoke the Admission of any or all Juvenile(s),
or any other person, for confinement in the Detention Facility at any time and for any reason
whatsoever.
2.8 Non -Detention Services. Non -detention custodial services shall not be affected by this Agreement.
Court services, probation services, or the like, shall continue to be the sole responsibility of the
City and are not subject to this Agreement.
2:9 Court. The City is solely responsible for ensuring the Juvenile is provided with access to all relevant
court facilities. Kitsap County's responsibility is limited to providing transportation for a Juvenile
to court in Kitsap County, Washington, only when a valid court order requires such transportation.
Kitsap County will not provide or facilitate any other court services, including, without limitation,
ensuring timely court appearances or legal representation for the Juvenile. All costs, expenses, and
liabilities associated with court services, judicial proceedings, and any transportation not explicitly
provided by Kitsap County under this section, shall be the sole responsibility of the City.
2.10 Limitations on Detention Services and Scope of Responsibility. It is expressly understood and
agreed that Kitsap County's responsibilities under this Agreement are strictly limited to the
provision of juvenile detention facilities and associated Detention Services. Kitsap County is not
responsible for any legal, probation, social work, or other services required by Kitsap County or
the Juvenile, and the City retains full responsibility for such matters.
SECTION 3 TERM
3.1 This Agreement shall commence on January 1, 2026 ("Effective Date") and terminate on December
31, 2026, unless terminated or extended. This Agreement may be extended for additional
consecutive one (1) year periods at the mutual written agreement of the parties. Neither party has
an obligation to extend or renew this Agreement.
SECTION 4 TERMINATION
4.1 This Agreement may be terminated by either party, at the mutual convenience of the party, upon
60 days prior written notice to the Contract Representative of the other party. The notice shall set
forth the reason for the termination and identify the specific plan for accommodating the removal
of the Juveniles affected by the termination. In the event of termination, the City shall at its own
expense transport the Juveniles from the Detention Facility on or before the effective date of the
termination. During the 60 -day notice period, Kitsap County may decline to Admit a Juvenile for
confinement.
SECTION 5 COMPENSATION, BILLING
5.1 General Obligation. The City agrees to compensation Kitsap County for all Detention Services and
costs as provided in this Agreement.
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5.2 Bed -Day Rate/Housing. The City shall pay Kitsap County a basic fee of Two Hundred Dollars
($200.00) for every bed -day, and for every additional bed -day used by the City.
5.3 Partial Bed -Day Rate. The City shall pay Kitsap County One Hundred Dollars ($100.00) for every
partial bed -day used by The City for every Juvenile confined in the Detention Facility.
5.5 Method of Billing. Kitsap County will invoice the City monthly for amounts due Kitsap County
under this Agreement for the Detention Services provided in the previous month. Such fees shall
be due and payable by the City within thirty (30) days of the billing date. Account balances overdue
30 days or more will be subject to a service charge of 1% per month (12% per annum), or as
authorized by law. Should collection become necessary, the City shall be responsible for the
payment of all collection costs, including reasonable attorney fees, associated with the collection
of late payments.
5.6 Annual Increase. The bed -day and partial bed -day rate shall be increased annually by one hundred
percent (100%) of that percentage increase provided in the All -Urban Consumers Index (CPI -U)
(1982-1984=100) for the Seattle -Tacoma -Bremerton area as is specified by the Bureau of Labor
Statistics, United States 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.
5.7 Other Costs. The City shall promptly pay all other costs, including those for Additional Health Care
Services to Kitsap County and third parties as provided herein.
SECTION 6 PRESENTATION, ADMISSION
6.1 Prior Verification. Prior to presenting a Juvenile for confinement, the City's Representative shall
contact the Detention Facility and obtain verification from the Detention Manager 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 Presentation. When presenting a Juvenile to Kitsap County for confinement, the City Representative
shall remain at the Detention Facility with the Juvenile and comply with all requirements of Section
6 and all Detention Facility procedures and rules until the Juvenile has been Admitted.
6.3 Prohibitions
A. Any Juvenile who is unconscious, under the influence of alcohol and/or drugs (as determined by
Kitsap County), or Gravely Disabled may not be Admitted into the Detention Facility.
B. Any Juvenile with significant injuries, or who reports that they are 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, nurse
practitioner, or other equivalent medical personnel, and approved by Kitsap County.
6.4 Certification and Warranty of Lawful Custody. The City is solely responsible for determining and
hereby unconditionally warrants to Kitsap County that all Juveniles presented by the City
Representatives to Kitsap County for confinement are lawfully detained and confined. This
certification and warranty are provided and renewed by the City's act of presenting the Juvenile to
confinement to the Detention Facility. The City shall defend, indemnify and hold the Kitsap County
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harmless as provided herein for any and all liabilities, claims or actions resulting from the detention
of a Juvenile wrongfully presented by the City, or its representative, to Kitsap County for
confinement.
6.5 Intake Assessment. When presenting a Juvenile to the Detention Facility for confinement, the
City's Representative shall provide the Detention Facility staff with the following information:
A. Information. Provide all information available regarding the Juvenile as routinely required by
the Detention Facility.
B. Duration/Conditions. Provide copies of all records in the possession pertaining to the Juvenile's
confinement, which includes without limitation, all relevant court orders that identify the
duration and other terms of confinement.
C. Emergency Medical Treatment. Ensure the order of confinement contains authorization for the
Director of Kitsap County Juvenile Detention Facility to provide the Juvenile emergency
medical treatment.
D. Intake Assessment. Provide all information requested on the Detention Facility Intake
Assessment attached hereto as Exhibit A (Detention Facility Intake Assessment).
E. 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
B (Parental Consent for Medical Treatment). The City is and remains responsible for obtaining
all consents and providing medical insurance coverage information.
F. Medical/Mental Health Status. Provide a copy of the Juvenile's medical records in the City's
possession and advise the Detention Facility staff of all information known about a Juvenile's
medical and mental health status (current and historical), including the Juvenile's psycho-
sexual history.
G. Drugs/Alcohol. Inform the Detention Facility staff of all information known about the
Juvenile's alcohol and drug usage (current and historical).
H. 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.
I. Other Information. Provide all other relevant information available regarding the Juvenile and
such other information/documentation routinely required by the Detention Facility staff.
6.6 Admission. The City's 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 County agrees to
accept and store the Juvenile's personal belongings in an amount not to exceed a day pack or
equivalent in volume. Any personal belongings exceeding this amount will require approval from
Kitsap County. Any personal property not removed from the Detention Facility by the Juvenile
upon the Juvenile's release will be deemed to be abandoned and automatically become the property
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of Kitsap County without the requirement of further court action.
SECTION 7 LEGAL REPRESENTATION- JUVENILE
7.1 The City shall be responsible for responding to the requests for legal assistance or legal
representation made by the Juvenile confined in the Detention Facility. Kitsap County agrees to
promptly notify the City Representative of any requests for legal assistance or legal representation
made by a Juvenile to a Kitsap County detention officer.
SECTION 8 TRANSFER, RELEASE
8.1 Transfer. Kitsap County will not transfer custody of a Juvenile to another agency without prior
written authorization from the court unless otherwise provided in this Agreement.
8.2 Release. The Juvenile will be released from confinement from the Detention Facility as provided
below.
A. Request by The City. The Juvenile may be released to the City's Representative upon written
direction or verified verbal direction from the City's Representative.
B. Court Order. The Juvenile may be released by court order.
C. Treatment. The Juvenile may be released due to medical, mental health, dental treatment or
other health care services unavailable within the Detention Facility. Upon release to the City's
Representative, medical provider, or designated escort for the purpose of receiving off -site
treatment, the City shall be deemed to have immediately resumed full legal custody and control
of the juvenile.
D. Emergency/Catastrophe. The Juvenile may be released in the event of any emergency or
catastrophic condition occurring that poses a reasonably imminent danger to the safety of the
Juvenile or Kitsap County personnel. The decision to release or remove a juvenile from the
Detention Facility will be at the sole discretion of Kitsap County. In such cases, Kitsap County
will provide the City with reasonable notice of the removal and shall exercise reasonable care
for the safekeeping and custody of the Juvenile(s) so removed.
8.3 Resumption of Custody — The City. The City shall be deemed to have resumed full legal custody,
care, control, and liability for the Juvenile for all purposes under this Agreement upon Kitsap
County's presentation of the Juvenile to the City, or upon the City Representative taking physical
control of the Juvenile. Kitsap County's security and custody obligations, and all associated legal
liability shall immediately cease upon release pursuant to this Section.
SECTION 9 TRANSPORTATION, SECURITY
9.1 Transportation. Unless otherwise agreed, the City shall be responsible for all transportation of the
Juvenile(s), which includes the delivery and pickup of the Juvenile(s) for all purposes under this
Agreement and court appearances.
9.2 Release. A The City 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 the City receives
notice from Kitsap County of the Juvenile's release. Notice for this purpose may be a written or oral
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notice from the Detention Facility for the City's Representation.
9.3 Failure to Comply with Pickup. In the event The City fails to assume custody of the Juvenile within
the four (4) hour pickup window, the City agrees to pay Kitsap County a fee equal to the Bed -Day
Rate for each continuous 24 -hour period (or applicable Partial Bed -Day Rate for any fraction
thereof) the Juvenile remains in Kitsap County's custody beyond the four (4) hour notice period,
which fee shall cover the cost of extended housing and security.
9.4 Reimbursement — Transportation/Security. In the event Kitsap County provides transportation,
regardless of the reason, the City shall reimburse Kitsap County for all costs of transportation and
associated security incurred by Kitsap County to secure emergent medical evaluations, emergency
treatment and to support the reasonably necessary operational needs of the Detention Facility. The
cost for transportation shall be the Internal Revenue Service mileage rate in effect at the time of the
service performed and the current cost for custodial security provided by Kitsap County staff shall be
the current cost to provide a detention officer (currently $50.05 per hour for each officer).
9.5 Material Breach. Violation of any provision of this Section is a material breach and cause for
immediate termination of the Agreement. The financial penalties for failure to assume custody as
provided in this Section shall commence immediately upon expiration of the four (4) hour notice
period.
SECTION 10 HEATH CARE SERVICES
10.1 Health Care Services. Upon the Kitsap County's Admission of the Juvenile, Kitsap County will
provide the Juvenile at no additional charge the routine medical services that are readily available to
other detainees from Kitsap County's in-house third -party health care provider for which the health
care provider does not render a separate bill for providing such service to a detainee. Health Care
Services, for which a separate bill is provided, are considered Additional Health Care Services.
10.2 Reimbursement. The City shall be solely and exclusively responsible for paying for all Additional
Health Care Services and associated costs and expenses in providing such services to a Juvenile.
Reimbursement shall be paid directly to Kitsap County or third parties, as directed by Kitsap County.
In the event Kitsap County incurs costs for such services, the City shall reimburse Kitsap County
within 30 days of the invoice date, regardless of whether The City is seeking or has received
payment from third -party insurance or other responsible parties.
10.3 Hospitalization. In the event a Juvenile is hospitalized, Kitsap County will contact the City's
Representative. The City's Representative will determine whether the City requires custodial security
for the Juvenile during any period of hospitalization and advise Kitsap County accordingly if the City
will provide the security or request Kitsap County to do so. If the City agrees to provide custodial
security, the Juvenile shall be released to the custody of the City. The City shall be responsible for
reimbursing Kitsap County for all actual transportation and custodial security costs, including any
Kitsap County detention officer time incurred in securing the Juvenile pending the City's
assumption of custody.
10.4 Emergency/Non-emergent Care (outside) Facility — Notification. Kitsap County will make
reasonable efforts to notify the City within four (4) business hours of transport (Monday -Friday,
9:00 am to 5:00 pm) of emergent care for a Juvenile outside the Detention Facility. For non -emergent
care outside of the facility, Kitsap County will use reasonable efforts to notify the City before noon
on the next business day after the transport occurs. The lack of notice will not relieve the City of its
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reimbursement obligations to Kitsap County
10.5 No Waiver of Right to Seek Reimbursement. Nothing in 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, detainee, parent/guardian, or any other responsible third -party.
SECTION I I INSURANCE, INDEMNIFICATION
11.1 Insurance. Kitsap County and the City 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 against loss, and as ordinarily carried by municipalities engaged in similar operations.
Upon request of the other party, Kitsap County and the City shall provide evidence of liability
coverage.
11.2 Mutual Indemnification. Each party ("Indemnifying Party") shall defend, indemnify, and hold
harmless the other party ("Indemnified Party"), its appointed and elected officials, employees, and
agents, from and against all claims, liability, loss, cost, damage, and expense (including defense
costs and reasonable attorneys' fees) arising from, or alleged to have arisen from, the Indemnifying
party's performance underthis Agreement, including but not limited to: i) Any wrongful or negligent
act or omission of the Indemnifying Party, its officials, employees, or agents; ii) The wrongful
detention of a Juvenile resulting from the Indemnifying Party's action or failure to act; iii) The failure
or refusal to timely release a Juvenile resulting from the Indemnifying Party's action or failure to act.
This indemnity obligation covers actions, claims, or lawsuits alleging damages sustained by any
person or property, including death. However, to the extent any liability, loss, cost, damage, or
expense (including attorneys' fees) is caused by the concurrent negligence or intentional acts of both
Parties, their respective officers, agents, or employees, the indemnification obligation of each Party
shall be limited to their proportionate share of liability, as agreed to by the Parties or as determined
by a court of competent jurisdiction.
11.3 Waiver of Industrial Insurance Immunity. Solely for the purposes of this indemnification provision,
the City expressly waives any immunity derived from Title 51 (Industrial Insurance) of the Revised
Code of Washington or the equivalent thereof, acknowledging this waiver was mutually agreed upon.
11.4 Obligations/Notice of Claim. Kitsap County will provide the City notice of the assertion of liability
by a third party that may give rise to a Claim by Kitsap County against the City based on the
indemnity contained herein. The City shall promptly advise Kitsap County in writing, which shall
in no event exceed 14 calendar days from the notice date, whether the City accepts or denies tender
of the claim. The City shall reimburse Kitsap County for all fees and costs of defense whether
incurred before or after the notice of claim. The City shall keep Kitsap County timely and fully
informed through all stages of the defense and promptly respond to and comply with Kitsap
County's requests for information. Kitsap County reserves the right, but not the obligation, to
participate in the defense and such participation shall not constitute a waiver ofthe City's indemnity
and defense obligations under the Contract.
SECTION 12 CONTRACT REPRESENTATIVES
12.1 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,
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postage prepaid and properly addressed to the Contract Representative as follows:
Kitsap County's Representative
City of Port Orchard Representative
Shara Sauve, Director
Matt Brown, Chief of Police
Kitsap County Juvenile and Family
Port Orchard Police Department
Court Services
546 Bay Street
1338 SW Old Clifton Road
Port Orchard, WA 98366
Port Orchard, WA 98367
SECTION 13 GOVERNING LAW
13.1 Governing Law/Venue. The Agreement, and the Juvenile(s) confined under this Agreement, shall
be made 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 Kitsap County, Washington or as provided by RCW 36.01.050.
SECTION 14 ACCESS AND RECORDS
14.1 Access - Detention Facility. The City shall have the right to inspect, at mutually agreeable times,
the Detention Facility to confirm that Kitsap County maintains standards acceptable to the City and
that its detainees are treated appropriately. Kitsap County agrees to manage, maintain and operate
its Detention Facility consistent with applicable federal, state and local laws.
14.2 Access to Juveniles. The City law enforcement personnel shall have the right to interview Juveniles
at any reasonable time within the Detention Facility and have the option to use the Detention
Facility interview rooms.
14.3 Records. Kitsap County agrees to maintain a system of record keeping relative to the booking and
confinement of each Juvenile consistent with the record keeping by the Kitsap County for all other
detainees. Kitsap County will keep records of all medical, mental health, or dental services it
provides to a Juvenile as required by law. Kitsap County agrees to share all information regarding
a Juvenile with the City, including insurance information, as authorized by law.
SECTION 15 INDEPENDENT CONTRACTOR
15.1 Each party and its respective employees or agents will act as independent contractors and continue
to be the employees or agents of that party, which will be solely and exclusively responsible for
their employees and agents. Employees and agents of one party will not be considered for any
purpose whatsoever under this Agreement to be employees or agents of the other party to this
Agreement. No party will have the authority to bind the other party, absent a written agreement of
the parties, nor the authority to control the employees, agents, or contractors of the other party to
this Agreement. All employer rights, duties, and obligations will remain with the employing party.
SECTION 16 INTERLOCAL COOPERATION ACT COMPLIANCE
16.1 Statutory Authority. This Agreement is entered into pursuant to the authority granted by the
Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington (RCW), as now or
hereafter amended and Chapter 13.04 RCW. The parties agree that this Agreement is for the
performance of governmental services, functions, and responsibilities that each party is
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individually authorized to perform.
16.2 Purpose and Method of Financing. The purpose of this Agreement is the joint and cooperative
provision of juvenile detention services, and the method of financing shall be the payment of
compensation by the City to Kitsap County as detailed in Section 5 (Compensation and Billing).
16.3 Separate Entity and Administration. No separate legal entity is created to administer the provisions
of this Agreement. Kitsap County shall be solely responsible for the administration and operation
of the Detention Facility and the provision of Detention Services, as outlined herein.
16.4 Ownership of Property. No real or personal property will be jointly acquired, held, or disposed of
by the parties under this Agreement. All property owned by each of the parties shall remain its sole
property.
16.5 Filing and Recording. As required by RCW 39.34.040, this Agreement shall be filed with the Kitsap
County Auditor or its existence shall be listed on the public agency's website.
SECTION 17 GENERAL PROVISIONS
17.1 Force Majeure. 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 God, terrorism and other acts of public enemy, war,
epidemics or quarantine restrictions.
17.2 Nondiscrimination. 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 Americans
with Disabilities Act of 1990.
17.3 No Waiver. 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 the payment of a billing or continued
performance, after notice of a deficiency in performance, constitute acquiescence thereto.
17.4 Priority. The Detention Facility policies and rules shall apply for all purposes, unless they conflict
with the terms and conditions of this Agreement. In the event of conflict, this Agreement will
control, EXCEPT THAT:
In any situation involving an immediate threat to life, health, or safety of a Juvenile, Kitsap County
Personnel, or the security and operational integrity of the Detention Facility, the Detention Manager
shall have the absolute and final authority to act and implement a Detention Facility rule or policy
as deemed necessary to mitigate the threat, notwithstanding any conflicting provision of this
Agreement.
Kitsap County shall provide written or verified verbal notice to the Port Orchard Representative
of such emergency action and conflict -related circumstances when reasonably practicable after the
action has been taken. The exercise of this emergency control right shall not be deemed a breach
of this Agreement.
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17.5 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.
17.6 Assignment/Delegation. Neither party may assign or delegate its rights, nor its responsibilities
under this Agreement to a third party, without the prior written consent of the other party. Any
purported assignment or delegation in violation of the subsection is void.
17.7 Severability. The provisions of this Agreement are severable. Any term or condition of the
Agreement or application thereof deemed to be illegal, invalid or unenforceable, in whole or in
part, shall not affect any other term or condition of the Agreement and the parties' rights and
obligations will be construed and enforced as if the Agreement did not contain the particular
provision.
17.8 Third Party Beneficiary. Nothing under this Agreement shall be construed to give any rights or
benefits in the Agreement to anyone other than Kitsap County and the City, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
Kitsap County and the City, and not for the benefit of any other party.
17.9 No Waiver. Either party'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 nonconfonning performance knows of the nature of the performance and fails
to object to it.
17.10 Entire Agreement. The parties acknowledge that this Agreement is the product of negotiation
between the parties and represents the entire agreement of the parties with respect to its subject
matter. All previous agreements and representations, whether oral or written, entered into prior to
this Agreement are hereby revoked and superseded.
17.11 Provisions Re uired 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 forthwith be physically amended to make such
insertion or correction.
17.12 Counterparts/Electronic Signature. 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.
17.13 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 are not limited to, Section 5 (Compensation,
Billing); Section 6 (Presentation, Admission); Section 9 (Transportation, Security); Section 10.2
(Reimbursement); Section II (Insurance, Indemnification); Section 13 (Governing Law); and
Section 15 (Independent Contractor).
17.14 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 a duly
authorized party representative. Each party warrants and represents to the other that the person
11202025 Page III
Docusign Envelope ID: 1 CCAB162-3EA9-454D-9AC7-0B5B437D904B
signing below has been properly authorized and empowered to execute this Agreement on behalf
of the Party for whom they sign.
DATED this _ clay of , 2025
CITY OF PORT ORCHARD
E
gn.a eyivets rreura
ROBERT PUTAANSUU, Mayor
Pt A, U�aUatt
eaAn,zseee 818...
City Clerk
DATED or ADOPTED this
ATTEST:
Dana Daniels, Clerk of the Board
day of
DATED this clay of , 2025
KITSAP COUNTY
SHARA SAUVE, Director
2025.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
CHRISTINE ROLFES, Chair
ORAN ROOT, Commissioner
KATHERINE T. WALTERS, Commissioner
11202025 Page 112
signing below has been properly authorized and empowered to execute this Agreement on behalf
of the Party for whom they sign.
DATED this _ day of , 202
CITY OF PORT ORCHARD
ROBERT PUTAANSUU, Mayor
ATTEST:
, City
DATED this j day of U An , 2021,
KITSA COUN
S S UVE, Director
DATED or ADOPTED this f day of 2021p
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
ORAN ROOT, CHAIR
•
KATHERINE T. WALTERS, COMMISSIONER
ATTEST:
❑a Daniels, c o t red
CHRISTINE ROLFES, CO ISSIONER
11202025 Page 112
exk i bi+ 41
HEALTH SERVICES INTAKE SCREENING FORM Date: Time:
Juvenile Name:
Age:
Legal Guardian:
Phone:
Address:
DOB:
Sex:
POB:
Ethnicity:
JCS #:
Hgt:
Wgt:
Hair:
Eyes:
Examiner's Observations
1.
Unconscious
Yes
No
2.
Visible signs of trauma or illness requiring emergency medical care
Yes
No
Describe:
3.
Obvious fever, swollen glands, jaundice or evidence of infection.
Yes
No
Describe:
4.
Evidence of cough, coughing up blood, weight loss or night sweats.
Yes
No
Describe:
5.
Poor skin condition, rash, vermin or needle marks.
Yes
No
Describe:
6.
Under the influence of alcohol, or other mind -altering drugs, including inhalants (within
Yes
No
the past 6 hours).
Describe:
7.
Visible signs of ETOH or drug withdrawal, i.e. extreme perspiration, pinpoint pupils,
Yes
No
shakes, nausea, vomiting or cramping.
Describe:
8.
Behavior suggesting suicide or assault, i.e. withdrawn, suicidal thoughts, or aggressive
Yes
No
behavior.
Describe:
9.
Carrying medication or reporting being on medication: With you: Y❑ N ❑
Yes
No
List:
10.
Visible signs of physical deformity. (Scars/Marks/Tattoos:)
Yes
No
Describe:
11.
Allergies
Yes
No
Describe:
12.
Have you had a recent head injury?
Yes
No
Describe:
13.
Under the care of a Physician?
Yes
No
With who: For what:
14.
Females: Are you currently pregnant?
Yes
No
Date of last Menstrual C cle: Method of birth Control:
15.
Temperature:
Screening Officer:
Updated 10/24/18
EXhi loi+ B
KITSAP COUNTY JUVENILE DETENTION CENTER
HEALTH SERVICES
Parental Consent for Medical Treatment
I, parent/legal guardian of , a
detainee at the Kitsap County Juvenile Detention facility (KCJDF), do hereby give my consent for the routine and/or emergency medical or
dental care and/or immunizations, as 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 KCJDF Health Services, I authorize the medical or
dental facility, the medical or dental provider to which my child is referred, to evaluate and treat as indicated.
-1 further authorize the medical or dental facility; 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 KCJDF and Health Services 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.
-1 further authorize the KCJDF staff, under the direction of the Health 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.
-Emergency medical care will be provided at Kaiser Permanente in Port Orchard, at CHI Franciscan Health Urgent Care Clinic, Port Orchard,
the Emergency Room, Harrison Medical Center, Bremerton, or the Emergency Room, Naval Hospital, Bremerton, (dependent upon acuteness,
urgency and eligibility for care), unless otherwise specified.
Our family physician is (Name) (Phone#) and, if
possible, should be notified in order to provide emergency and continuing medical care for my child.
This authorization is valid from this date of this authorization until the minor has completed all detention time under this Cause
Number as ordered by the Court, or until the minor has reached the age of consent.
Medical
Contract
Group
Insurance
Number
Number
(If possible, please attach a photocopy of the coupon or insurance card.)
Parent / Guardian / Other
DO#
Date Time
Detention Officer/Probation Officer Date Time
VERBAL Consent
Verbal consent given by , parent or legal guardian of named juvenile
For the medical or dental care listed above by telephone conference with the Detention Intake Officer.
(Two Detention Officers' signatures are required when receiving verbal medical consent)
Detention Officer#1 DO# Date: Time:
Detention Officer #2
DO# Date: Time:
*Notify parents: HIPPA rights notification is "on-line" on the Juvenile Department's webpago or they may request a
printed copy.
Are there any medical problems your child is being treated for? Yes No
If yes, describe;
Is your child taking any medication? Yes No
If yes, describe;
Is there any important information we should know about your child? Yes No
If yes, describe;
Does your child have any food/drug allergies or require any special needs while in detention?
If yes, describe;
Have visitation times and procedure been explained? Yes No
Has court time and/or probable cause weekend procedure been
explained? Yes No
Is the child In special education or does the child have an IEP (Individual Education Plan) at school? Yes No
Does the child receive SSI (Supplemental Security Income)? Yes No
Does the Child have a ODD (Division of Developmental Disabilities) Case Manager? Yes No
Case Managers name:
Updated 10/24/18 - 2 -
(1