012-19 - Kitsap County - Contract Amendment 1KC-078-19A
FIRST CONTRACT AMENDMENT
This CONTRACT AMENDMENT is entered into by Kitsap County, a Washington
state political subdivision, having its principal offices at 614 Division Street, Port
Orchard, Washington 98366 ("County") and the City of Port Orchard, a municipal
corporation of Washington State ("City") having its principal offices at 216 Prospect
Street, Port Orchard, Washington 98366.
In consideration of the mutual benefits and covenants contained herein, the parties
agree that their Contract, numbered as Kitsap County Contract No. KC-078-19, and
executed on January 14, 2019, shall be amended as follows:
1. Term: The contract term shall extend to terminate on December 31, 2020.
Except as expressly provided in this Contract Amendment, all other terms and conditions
of the original Contract, and any subsequent amendments, addenda, or modifications
thereto, remain in full force and effect.
This amendment shall be effective upon execution by the parties.
DATED this day 20t. DATED this r� day �Aa, 2020.
CITY OF PORT ORCHARD
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
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ROBERT B. P TAANSUU, Mayor CHAREOTTE-GARR1156, Chair
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r dy inearson, City Clerk
ROBEAiNOELDEV, Commissioner
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ED RD . WOLFE, Vommissioner
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na Daniels, Clerk of the Board
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Meeting Date: January 14, 2019
Agenda Item No:
Kitsap County Board of Commissioners
Office/Department: Juvenile
Staff Contact: William Truemper
Agenda Item Title: KC-078-19 - City of Port Orchard Secure Detention Bed Space
Recommended Action: Move that the Board of County Commissioners approve and execute the
contract with the City of Port Orchard for secure detention bed space. KC-078-19 - City of Port
Orchard Secure Detention Bed Space
Summary:
The City of Port Orchard does not posses sufficient facilities to lodge youth under
the age of 18 who are alleged or adjudicated offenders between the ages of 16
and 18 years old.
Attachments:
1. Contract Review Sheet
2. KC-087-19 City of Port Orchard Secure Detention Bed Space
3. Exhibit A: Detention Facility Intake Assessment
4. Exhibit B: Parental Consent for Medical Treatment
Fiscal Impact for this Specific Action
Expenditure required for this specific action:
$10,000
Related Revenue for this specific action:
$10,000
Cost Savings for this specific action:
N/A
Net Fiscal Impact:
$10,000
Source of Funds:
City of Port Orchard
Fiscal Impact for Total Project
Project Costs:
$10,000
Project Costs Savings:
N/A
Project Related Revenue:
$10,000
Project Net Total:
$10,000
Fiscal Impact (DAS) Review
Office/Departmental Review & Coordination
Office/Department
Elected Official/Department
Director
Juvenile
Michael S. Merringer
Contract Information
Contract Number
Date Original Contract
or Amendment
Approved
Amount of Original
Contract Amendment
Total Amount of
Amended Contract
KC-078-19
Pending
N/A
N/A
Kitsap County
CONTRACT REVIEW SHEET
(Chapter 3.56 KCC)
A.
CONTRACT INFORMATION
1. Contractor City of Port Orchard
2. Purpose Secure detention bed space for City of Port Orchard juvenile detainees.
3. Contract Amount 10,000 Disburse Receive X
4. Contract Term January 1, 2019 to December 31, 2019
5. Contract Administrator William Truemper Phone (360) 337-5406
Approved: Michael S. Merringer Date December 21, 2019
Department Director
B.
AUDITOR —ACCOUNTING INFORMATION
1, Contract Control Number KC-078-19
2. Fund Name City of Port Orchard
3. Payment from -Revenue to CC/Account Nbr 9422.3380.2305
4. Encumbered By Date
C.
AUDITOR'S ACCOUNTING — GRANTS REVIEW
Signature required only if contract is grant funded
1. 1 1 Approved Not Approved
Reviewer Dave Schureman Date 12/24/2018
2. Comments:
D.
ADMINISTRATIVE SERVICES DEPARTMENT — RISK MANAGER REVIEW
1. 1 Approved Not Approved
Reviewer Timothy M. Perez Date 12/24/2018
2. Comments: Comments provided separately
E.
ADMINISTRATIVE SERVICES DEPARTMENT — BUDGET MANAGER REVIEW
Signature required only if contract is for $50,000 or more, OR it will be signed by board of commissioners
(regardless of dollar amount)
1. X Approved Not Approved
Reviewer Kristofer Carlson Date 12/24/2018
2. Comments:
F.
PERSONNEL DEPARTMENT— PERSONNEL DIRECTOR REVIEW
Signature required only if union or employment contract
1, 1 Approved Not Approved
Reviewer Date
2. Comments:
G.
PROSECUTING ATTORNEY
1, x Approved as to Form Not Approved as to Form
Reviewer Kasi Walker Date 12/24/2018
2. Comments:
H.
CERTIFICATION BY CONTRACT ADMINISTRATOR: THIS CONTRACT IS READY FOR
CONSIDERATION BY THE AUTHORIZED CONTRACT SIGNER.
(For contract signing authority, see KCC 3.56.075)
Date Approved by Authorized Contract Signer:
RETURN SIGNED ORIGINALS TO:
Date 1/14/19
Patty Bronson @ MS-28
KC-078-19
AGREEMENT FOR PROVISION OF JUVENILE DETENTION FACILITIES
BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD
This AGREEMENT FOR THE PROVISION OF JUVENILE DETENTION FACILITIES
("Agreement") is entered into by and between Kitsap County ("County"), a political subdivision
of Washington State, and the City of Port Orchard, a municipal corporation of Washington State
("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, the 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; and
WHEREAS, the County and the City have determined that it would be mutually beneficial to the
parties to enter into this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by
this reference, the parties agree as follows:
SECTION 1 DEFINITIONS
1.1 "Admitted" or "Admission" of the Juvenile by Kitsap County will occur when the Detention
Facility staff has 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 provided 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 "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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1.4 "Booking" means the process in which the Juvenile's personal data is recorded, the 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.
1.5 "City Representative" means an authorized member of the City of Port Orchard Police
Department or other authorized representative of the City.
1.6 "Detention Facility" means Kitsap County Juvenile Department Detention Facility.
1.7 "Detention Manager" means the Manager of the Kitsap County Juvenile Detention Facility
or his/her designee.
1.8 "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 his/her 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.
1.9 "Juvenile" means a youth under the chronological age of eighteen years of age arrested on
a Port Orchard warrant or by the City's law enforcement officers for violation of a law for
which confinement of a juvenile is lawful.
1.10 "Partial Bed -Day" means any consecutive period of time of 12 hours or less during which
a Juvenile is in the custody of the Kitsap County Juvenile Detention Facility, which
includes Booking.
SECTION 2 SERVICES
2.1 This Agreement is limited to the detention of juveniles for offenses which are within the
jurisdiction of, and charged within, the Port Orchard Municipal Court under RCW
13.040.03 0 (1) (e)(iii).
2.2 The County agrees to accept Juveniles for confinement in the Detention Facility and the
City agrees to compensate the County for such services as provided in this Agreement.
2.3 The County will provide the Juveniles confined in the Detention Facility with access to the
same education, medical, dental, and other services provided to other juveniles confined in
the Detention Facility as required by law and County policy and procedures.
2.4 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.
2.5 Juveniles Exceeding 18 years. Upon the prior written request from the City, the County
may continue to confine the City's Juveniles in the Detention Facility beyond the age of
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18 years, but in no event older than 21 years of age.
2.6 Right of Refusal. The 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 acceptance of any or
all Juvenile(s), or any other person, for confinement in the Detention Facility at any time
and for any reason whatsoever.
2.7 Non -Detention Services. Court services, probation services, or the like, shall continue to
be the sole responsibility of the City and are not subject to this Agreement.
SECTION 3 TERM
This Agreement shall commence on January 1, 2019 and terminate on December 31, 2019, unless
terminated or extended. This Agreement may be extended for additional consecutive one (1) year
periods at the mutual written agreement of the parties, not to exceed a total of Five (5) years.
Neither party has an obligation to extend this Agreement.
SECTION 4 TERMINATION
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
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.
SECTION 5 COMPENSATION AND BILLING
5.1 Bed -Day Rate/Housing. The City shall pay the County a basic fee of One Hundred Twenty -
Five Dollars ($125.00) per bed -day for every Juvenile confined in the Detention Facility.
5.2 Partial Bed -Day Rate. The City shall pay the County a partial bed -day fee of $62.50 per
partial bed -day for every Juvenile confined in the Detention Facility.
5.3 Method of Billing. County will invoice the City monthly for amounts due the County
under this Agreement for services provided in the previous month. Such fees shall be due
and payable by the City within thirty (30) days from the billing date. Account balances
overdue 30 days or more will be subject to a service charge of 1% per month (12% per
annum). 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.
5.4 Annual Increase. The bed -day and partial bed -day rate shall be increased annually by one
hundred percent (100%) of that percentage increase set forth in the All Urban Consumers
Index (CPI-U) (1 982-1984=1 00) 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
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percent (6%) of the amount for the prior year.
5.5 Other Costs. The City shall promptly pay all other costs, including those for Additional
Health Care Services to the County or third parties as provided herein.
SECTION 6 PRESENTATION AND 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 the County for confinement, the City
Representative shall remain at the Detention Facility with the Juvenile and comply with all
requirements of this Section 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 he/she is 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. The City is at all times solely responsible for determining that all Juveniles
presented by City Representatives to the County for confinement are lawfully detained and
confined, and certifies the same by the act of presenting the Juvenile for confinement to
the Detention Facility. The City shall defend, indemnify and hold the County harmless as
provided herein for any claim or action resulting from the detention of a Juvenile
wrongfully presented by the City, or its representative, to the 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:
A. Duration/Conditions — provide copies of all records in the possession pertaining to
the Juvenile's confinement, which includes without limitation, all relevant court
orders which identify the duration and other terms of confinement.
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B. Emergency Medical Treatment - ensure the order of confinement contains
authorization for Director of Kitsap County Juvenile Detention Facility to provide
the Juvenile emergency medical treatment.
C. Intake Assessment — provide all information requested on the Detention Facility
Intake Assessment attached hereto as Exhibit A.
D. 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.
E. 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.
F. Drugs/Alcohol - inform the Detention Facility staff of all information known about
the Juvenile's alcohol and drug usage (current and historical).
G. 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.
H. Information — provide all relevant information available regarding the Juvenile and
such other information/documentation routinely required by the Detention Facility.
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, 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 County. Any personal property not removed from the Detention Facility by
the Juvenile upon the Juvenile's release from the Detention Facility will be deemed to be
abandoned and automatically become the property of the County without the requirement
of further court action.
6.8 Notice, The County will use reasonable efforts to advise the City if a Juvenile is being
detained by another law enforcement agency on a warrant issued by the City.
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SECTION 7 LEGAL REPRESENTATION- JUVENILE
The City shall be responsible for responding to requests for legal assistance or legal representation
made by the Juvenile confined in the Detention Facility, The County will notify the City of any
requests for legal assistance or legal representation made by a Juvenile to a County detention
officer.
SECTION 8 TRANSFER AND RELEASE
8.1 Release. The Juvenile may be released from confinement from the Detention Facility as
provided below.
A. Request by 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/Bail. The Juvenile may be released by valid court order or posting of
bail.
C. Treatment. The Juvenile may be released due to medical, mental health, dental
treatment or any other health care services not available within the Detention
Facility.
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 County personnel. The decision to. release or
remove persons from the Detention Facility will be at the sole discretion of the
County. In such cases, the County will provide the City reasonable notice of the
removal and shall exercise reasonable care for the safekeeping and custody of the
Juvenile(s) so removed.
8.2 Resumption of Custody. The City shall be deemed to have resumed custody of the Juvenile
upon the County's presentation of the Juvenile to the City, or upon the City's
Representative taking physical control of the Juvenile.
SECTION 9 TRANSPORTATION AND SECURITY
9.1 Transportation. Unless otherwise agreed, the City shall be responsible for all transportation
of Juveniles, which includes the delivery and pickup of the Juveniles for all purposes under
this Agreement.
9.2 Release. A 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 the County of the Juvenile's release. Notice for this purpose may
be a written or oral notice from the Detention Facility to the City.
9.3 Reimbursement — Transportation/Security. in the event that the County provides the
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transportation, regardless of the reason, the City shall be required to reimburse the County
for all costs of transportation and associated security incurred by the County to secure
emergent medical evaluations, emergency treatment and to support the reasonable necessary
operational needs of the Detention Facility. The cost for transportation and custodial security
time performed by 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 $40.14 per officer per hour).
SECTION 10 HEATH CARE
10.1 Services Provided. Upon County's Admission of the Juvenile, the County will provide the
Juvenile at no additional charge the routine medical services that are readily available to other
detainees from the County's in-house third party health care provider for which the health
care provider does not render a separate billing for providing such service to a detainee.
Services for which a separate billing is provided are considered Additional Health Care
Services.
10.2 Reimbursement. The City shall reimburse County for its proportion of all Additional Health
Care Services and associated costs and expenses in providing such services to a Juvenile.
Reimbursement shall be paid directly to the County or third parties, as directed by the
County.
10.3 Hospitalization. In the event a Juvenile is hospitalized, the County will advise the City. The
City's Representative will advise the County if the City will be providing the security or
requests the County to do so. If the City is to provide the custodial security, the Juvenile shall
be released to the custody of the City. If the County agrees to provide the custodial security
for the Juvenile, the City shall be responsible for reimbursing the County for all costs
associated with the transportation and custodial security, as provided in Section 9.
10.4 Emergency/Non-emergent Care (outside) Facility — Notification. The County will use
reasonable efforts to notify the City within four (4) business hours of transport (Monday -
Friday, 9am — 5pm) of emergent care for a Juvenile outside the Detention Facility. For non -
emergent care outside of the facility, the County will use reasonable efforts to notify the
City before noon on the next business day after the transport occurs. Lack of notice will not
relieve the City of its 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, or from the Juvenile, his or her parent/guardian, or any other
responsible third -party.
SECTION 11 INSURANCE AND INDEMNIFICATION
11.1 Insurance. The County and 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
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adequate to protect the County and the City against loss, and as ordinarily carried by
municipalities engaged in similar operations. Upon request of the other party, the County
and City shall provide evidence of liability coverage.
11.2 Indemnification. The City agrees to defend, indemnify and hold harmless the County, its
appointed and elected officials, employees and agents from and against all liability, loss,
cost, damage and expense whatsoever, including costs and attorney's fees in defense thereof
because of actions, claims or lawsuits alleging damages sustained by any person or property
including death at any time resulting thereof, arising from or alleged to have arisen from: i)
the City's performance under this Agreement or as a consequence of any wrongful or
negligent acts or omission of the City, its appointed and elected officials, employees and
agents; ii) the wrongful detention of a Juvenile as a result of the City's actions or failure to
act; and/or iii) failure or refusal to timely release a Juvenile as a result of the City's actions
or failure to act.
11.3 To the extent the claim, damages, losses and expenses are cause by intentional acts of or by
the concurrent negligence of Kitsap County, its officers, agents, or employees, the City's
indemnification obligation hereunder shall be limited to the City's proportionate share of
liability as agreed to by the parties to this Agreement or determined by a court of competent
jurisdiction.
11.4 Kitsap County agrees to defend, indemnify and hold harmless the City, its appointed and
elected officials, employees and agents from and against all liability, loss, cost, damage and
expense including costs and attorney's fees in defense thereof because of actions, claims or
lawsuits alleging damages sustained by any person or property including death at any time
resulting thereof, arising from, or alleged to have arisen from: i) Kitsap County's
performance under this Agreement or as a consequence of any wrongful or negligent acts or
omission of Kitsap County, its appointed and elected officials, employees and agents; ii)
wrongful detention of a Juvenile as a result of Kitsap County's actions or failure to act; and/or
iii) Kitsap County's failure or refusal to timely release a Juvenile.
11.5 To the extent the claim, damages, losses and expenses are caused by intentional acts of or by
the concurrent negligence of the City, its officers, agents, or employees, Kitsap County's
indemnification obligation hereunder shall be limited to Kitsap County's proportionate share
of liability as agreed to by the parties to this Agreement or determined by a court of
competent jurisdiction.
11.6 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 City's equivalent thereof, and acknowledges that this waiver was mutually agreed
upon by the parties.
11.8 Obligations/Notice of Claim. County will provide the City notice of the assertion of liability
by a third party that may give rise to a Claim by County against the City based on the
indemnity contained herein. City shall promptly advise County in writing, which shall in
no event exceed 14 calendar days from the notice date, whether City accepts or denies
tender of the claim. City shall reimburse County for all fees and costs of defense whether
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incurred before or after the notice of claim. City shall keep County timely and fully
informed through all stages of the defense and promptly respond to and comply with
County's requests for information. The County at all times reserves the right, but not the
obligation, to participate in the defense and such participation shall not constitute a waiver
of City's indemnity and defense obligations under the Contract.
SECTION 12 GOVERNING LAW
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 13 CONTRACT REPRESENTATIVES
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,
postage prepaid and properly addressed to the Contract Representative as follows:
County: Michael S. Merringer
Director
Kitsap County Juvenile Department
Kitsap County Juvenile Service Center
1338 SW Old Clifton Road
Port Orchard, WA 98367
City: Geoffrey C. Marti
Chief of Police
Port Orchard Police Department
546 Bay Street
Port Orchard, WA 98366
SECTION 14 NON-DISCRIMINATION
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.
SECTION 15 INDEPENDENT CONTRACTOR
For all purposes, each parry will act in its individual capacity and not as an agent, employee,
partner, joint venture, or associate of the other. An employee, agent, or subcontractor of one party
shall not be deemed or construed to be the employee, agent or subcontractor of the other for any
Page f 9
purpose whatsoever including responsibility for any federal or state tax, industrial insurance or
social security liability.
SECTION 17 ACCESS AND RECORDS
17.1 Access - Detention Facility. The City shall have the right to inspect, at mutually agreeable
times, the Detention Facility in order to confirm the County maintains standards acceptable
to the City and that its detainees are treated appropriately. The County agrees to manage,
maintain and operate its Detention Facility consistent with applicable federal, state and
local laws.
17.2 Access to Juveniles. City law enforcement shall have the right to interview Juveniles at
any reasonable time within the Detention Facility and the option to use the Detention
Facility interview rooms.
17.3 Records. The 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 County for all
other detainees. The County will keep records of all medical, mental health or dental
services it provides to a Juvenile as required by law. The County agrees to share all
information, including insurance information, regarding a Juvenile with the City as
authorized by law.
SECTION 17 GENERAL PROVISIONS
17.1 Force Mai eure. 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 parry including acts of God, terrorism and other acts
of public enemy, war, epidemics or quarantine restrictions.
17.2 No Waiver. No waiver of any right under this Agreement shall be effective unless made in
writing by an authorized representative of the parry 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.
17.3 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.
17.4 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.
17.5 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.
Page 110
17.6 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.
17.7 Third Party Beneficiary. Nothing under this Agreement shall be construed to give any
rights or benefits in the Agreement to anyone other than the County and the City, and all
duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of the County and the City, and not for the benefit of any other parry.
17.8 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 nonconforming performance knows of the nature of the
performance and fails to object to it.
17.9 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.
17.10 Provisions Required 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.
17.11 Counterparts. 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.
17.12 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,
Sections 5 (Compensation and Billing); 6 (Presentation and Admission); 9 (Transportation
and Security); 10 (Health Care); I 1 (Insurance and Indemnification); 12 (Governing Law);
15 (Independent Contractor) and 17 (General Provisions).
17.13 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 representative of the party. Each party warrants and
represents to the other that the person signing below has been properly authorized and
empowered to execute this Agreement on behalf of the Party for whom they sign.
Page 111
Approved and executed this � day of,1.1('('_
CITY OF PORT ORCHARD ,.��� QORT )ORC''`'�
v : cc
Robert B. Putaansuu, Mayor
ATTEST:
Approved and executed this \y day of 3AcJ3A 91 2019
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
,6oARo�
ATTEST: :27 . 0 EDWARD E. WOLFE, Chair
:Z * m•�
:G)
�A- 0.
CHARLOTTE GARRIDO, Commissioner
Dana Daniels ROBERT ELDER, Commissioner
Clerk of the Board
Page 112
EXHIBIT A
DETENTION FACILITY INTAKE ASSESSMENT
Page 113
HFALTH SERVICES INTAKE SCREENING FORM Date: Time:
Juvenile Name:
Age:
Legal Guardian:
Phone:
Address:
DOB:
Sex:
POB:
Ethnicity:
JCS M
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 ETCH or drug withdrawal, i.e. extreme perspiration, pinpoint pupils,
Yes
No
shakes, nausea, vomiting or cramping.
Describe:
S.
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/MarksrTattoos:)
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 Cycle: Method of birth Control:
15.
Tem erature:
Screening Officer:
Updated 10/24/18 -1 -
DO#
1 W4.11: :.
PARENTAL CONSENT FOR MEDICAL TREATMENT
Page 114
KITSAP COUNTY JUVENILE DETENTION CENTER
HEALTH SERVICES
Parental Consent for Medical Treatment
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
Date Time
DO#
Detention Officer/Probation Officer Date Time
VERBAL Consent
Verbal consent given by parent or legal guardian of named juvenile
the medical or dental care listed above by telephone conference with the Detention Intake Officer.
Mvo Detention Officers' signatures are required when receiving verbal medical consent)
Detention Officer #1 DOO Date: Time:
Detention Officer 92
Comments;
DON Date: Time -
*Notify parents: HiPPA rights notification is "on-line" on the Juvenile Department's webpage 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?
Does the child receive SSI (Supplemental Security Income)?
Does the Child have a DDD (Division of Developmental Disabilities) Case Manager?
Case Managers name:
Updated 10/24/18 - 2 -
Yes No
Yes No
Yes No