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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 AA 14 ROBERT B. P TAANSUU, Mayor CHAREOTTE-GARR1156, Chair ATTEST- r dy inearson, City Clerk ROBEAiNOELDEV, Commissioner '00 &44�. ED RD . WOLFE, Vommissioner a na Daniels, Clerk of the Board tl o y i I Aj ! �. �h� � .:..•.Y*, .., � �`t. TT� DVS r ...* r 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. Page j I 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 Page 12 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 Page 13 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. Page14 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. Page 15 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 Page16 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 Page 17 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 Page 18 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