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Home My WebLink AboutExecuted Contract Between Kittitas County Juvenile Court and Yakima County Juvenile CourtAGREEMENT FOR DETENTION OI. KITTITAS COT'NTY JWENILES IN THE YAKIMA COUNTY JII\TENILE DETENTION FACILITY THIS AGREEMENT is between KITTITAS couNTy and yAKIMA couNTy, bothmunicipal corporations of the State of Washington and is authorized by RCW 39.34 andRCW 13. A. PURPOSE: The purpose of this agreement is to permlt Juvenlles under the jurisdiction of theKITTITAS couNTY superior court to be housed at the YAKIMA couNTyJuvenile Detention Facllity, located at l72B Jerome Avenue, yakima, Washington. B. DEFINITION OF JIIVENILE: For the purposes of this agreement, "Juvenile" shall mean a youth under thejurisdiction of the Juvenile Division of the KITTITAS coUNTi Superior court, whois ajuvenile offender as defined by RCW 13.40.020(15) or an alleled juvenile offender or a non-o{rgnde1 held pursuant to a court order, and wio has not yetattained his or lrer 18tt' birthday or ajuvenile confined. for an alleged offensepursuant to R.C.W. 13.04.030 (1) (e) (iii). C. RESER1ZED SPACE: YAKIMA COUNTY agrees to provide three (3f beds, available to KITTITAS COUNTYfor housing of Juvenile Offenders. D. SPACE AVAILABLE BASIS: 1' Any usage of.bed space beyond three (3) beds shall be provided on a spaceavailable basis. 2. YAKIMA COUNTY reserves the right to refuse to accept any KITTITAS COUNTY juveniles on a space available basis if in the opiriion of the YAKIMA COUNTY Juvenile Detention Manager, it '*'ould not be in the best interests ofYAKIMA COUNTY due to overcrowding, anticipated overcrowding or othernegative impact on the YAKIMA COUNTY Juvenile Detention faJiUty. 3. If the population of the detention facility is or becomes such that itnecessitates reduction, KITTITAS COUNTY shall remove as many juveniles detained on a srrace available basis as mav be requested within i*".,.t:o-four {24) hours after notice by telephone tirat *rr"k u, reduction iJnecessary. E. DOCUMENTATION/REQUIREMENTS FOR DETENTION: 1' KITTITAS COUNTY shall contact the YAKIMA COUNTY Juvenile DctentionFacility by telephone prior to bringing in any juvenile to be detained pursuantto this agreement and provide the information needed. to complete a ,,Request Pagc I of7 for Detention" form; and 2. Any juvenile detained pursuant to this agreement must be accompanied by an arrest report/booking sheet signed by or telephonically approved by the KITTITAS COUNTY Juvenile Court Administrator or designee oi a signed order to detain by the KITTITAS COUNTY Superior Court. 3' KfmlTAS COUNTY shall provide any medication to YAKIMA COUNTY for anyjuvenile with a medical condition that is known to exist at the time thejuvenile is taken into custody. Such medication shall be provided by KITTITAS COUNTY to YAKIMA COUNTY when available. it i" the intent of theparties to utilize already prescribed and acquired medication, rather than using limited resources to duplicate medical prescriptions. 4. SCREENING: KITTITAS COUNTY shall notify YAKIMA COUNTY of any known specific mental or physical health needs of each juvenile who may be held incustody pursuant to this agreement. YAKIMA COUNTY shall impiement reasonable screening tools and policies in connection with screeningKfffITAS COUNTY juveniles and shall be responsible for implemenlng screening tools for developmentalty disabled juveniles, for chitd sex trJfickingvictims, and other specific needs known or reasonably perceived during theperiod of detention. F. TRANSPORTATION: 1. KfffITAS COUNTY shall provide all transportation requirements of anyjuvenile being transported to and from YAKIMA COUNTY pursuant to this agreement and shall hold and save YAKIMA COUNTY harmless from allliability resulting from such transfer. 2. Occasional local transportation arrangements, such as transporting a juvenile to a local commercial transportation facility, ffi&y be provided Uy VnntrAA COUNTY by prior arrangement. 3. YAKIMA COUNTY may provide transportation to and from local heatthproviders for medical treatment after notifying and obtaining consent fromKittitas County, except in an emergency. G. COMMUNICATIONS: l.The KITTITAS COUNTY Juvenile Court Administrator shall maintain routinecontact with YAKIMA COUNTY Juvenile Court Administrator or designeeregarding all juveniles detained in YAKIMA COUNTY pursuant to thisagreement and shall be responsive to any emergency regarding said juveniles, 2'The YAKIMA COUNTY Juvenile Court Administrator or clesignee shall contact theKITTITAS cOUN'fY Juvenile Court Administrator or designee in the event any unusualproblems or issues regarding a juvenile being detained plrsuant to this agreement andshall immediately contact the KITTITAS COUNTY Juvenile Court in the ev"ent of anymedical emergency relating to the juvenile being detained pursuant to this agreement. Page 2 of 7 H. DETENTION STANDARDS: 1. YAKIMA couNTY shall provide KITTITAS couNTy with a copy of its Detention Standards. 2. Any juvenile accepted by YAKIMA COUNTY shall be placed in a standard detention program unless the court order specifies oiherwise, .*""pt as may be necessary after screening as in the above provisions. 3. Juvenile(s) accepted under this agreement shall be kept for a maximum of thirtv {30) calendar davs unless administratively apprlved on a case-by-case basis. I. COSTS PER BED: 1' RESERVED BEDS. Beginning January L,2C.24 and continuing throughDecember 31,2024, KITTITAS COUNTY shall reimburse yAKIMA COUNTYat the base rate of $15O.OO per day (a day is any consecutive 24 hours) for ajuvenile detained by YAKIMA couNTy pursuant to this agreement. 2. SPACE AVAILABLE BASIS. KIT'IITAS COUNTY shall reimburse YAKIMA COUNTY at the same rates as in Section I(lf above for each juvenile detained, for any juveniles held on a space available basis pursuant toSectlon D of this agreement, For this agreement, day means a (24) consecutive hour period or any portionthereof. The time period shall commence at the time of tompletion of intake by YAKIMA COUNTY Juvenile Detention Center. J. REIMBURSEMENT OF COSTS: YAKIMA COUNTY agrees to bill the KITTITAS COUNTY Juvenile Court monthlyby the Sth of-the following month for all services pursuant to this agreement.All bills shall be paid within thirty (Bo) days of receipt of billtng. c K. MEDICAL COSTS: f . in addition to the per bed rate, as defined in Section I above, KIT:|ITAS COUNTY shall be responsible for any medical costs, other than the routinemedical attention provided in-house in detentionjncurred by yAKIMA COUNTY as the result of necessary non-routine medical "*. on any juvenile detained pursuant to this Agreement. 2' KTmITAS COUNTY shall be responsible for all medical costs for security orpustodv and shall make arrangements for atry security or custodlif an.,juvenile that has to be detained. at a health "..tt.r for further treatment. 3' YAKIMA COUNTY shall not be responsible for any medical cost associatedwith the housing of a KI'ITITAS COUNTY juvenile, and any such costs borneby YAKIMA COUNTY in connection with tte treatrnent of a KITTITAS COUNIYjuvenile shall be fuily reimbursed by KITTITAS couNTy. Page 3 of7 L. HOLD TIARMLESS: M. MISCELLANEOUS KITTITAS COUNTY expressly agrees to indemnify and hold harmless yAI{MA COUNTY and all of its officers, agents or employees from any and all liability, Ioss or damages, including costs of defense, that it may suffer as a result ofclaims, demands, actions or damages to any and ail p"r*or* or property, costs or judgments which result from, arise out of or are in any way connected withthe contracted activities to be performed by YAKIMA COUNTY except for those negligent or intentional acts of yAKIMA couNTy officers, agents, etc., which are not in the control of KITTITAS COUN'ly. YAKIMA COUNTY expressly agrees to indemnify and hold harmless KITTITAS COUNTY and all of its officers, agents, volunteers or employees from any and allliability, loss or damages, including costs of defense, that ii may suffer is aresult of claims, demands, actions or damages to any and all pir.or* o.property, costs or judgments which result from, arise out of oi are in any wayconnected with the contracted activities to be performed by KITTI'IAS COUNfy except for those negligent or intentional acts of KITTITAS COUNTY officers, agents, etc. which are not in the control of yAKIMA couNTy. In the event of liability for damages of any nature whatsoever arising out of theperformance of this Agreement by KITTITAS couNTy and yAKIMe douN'ty,including claims by KITTITAS couNTy's or yAKIMA couNTy,s own officers,agents, volunteers or employees, caused by or resulting from the concuryentnegligence of KITTITAS COUNTY and YAKIMA COUNTY, their officers, oflicials,employees and volunteers, each party's liability hereunder shal only U. io tfr"extent of that party's negligence. YAKIMA COUN'IY is not responsible for a juvenile's property that is lost beforethe juvenile arrives at the YAKIMA couNiy Juvenili oeteniion Facility. No liability shall be attached to KITTITAS couNTy or yAKIMA coUNTy byreason of entering into this Agreement except as expressly provided hereiri.. 1. FILING. Pursuant to RCW 39,34.040, This Agreement shall be posted onthe KI'I'TITAS COUNTY website 2' ASSIGNMENT. Neither party may assign its rights or delegate its dutiesunder this Agreement, whether by assignment, iurther, subcontract or othermeans' Any such attempted assignment or delegation shall be void and shallconstitute a material breach of this Agreement. 3' SEVERABILITY. In the event any term or condition of this Agreement orapplication thereof to any person or circumstances is held inrialid, suchinvalidity shall not affect other terms, conditions, or applications of thisAgreement, which can be given effect without the invalid term, cond.ition, orapplication' To this end the terms and conditions of this Agreeme't aredeclared severable. Page 4 of7 4. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by the parties, Atl items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 5. GOVERNING LAw AND VENUE. This Agreement shall be governed exclusively by the laws of the state of washington. The yakima County Superior Court sha1l be the sole proper venue for aII suits brought to enforce or interpret the provisions of this Agreement. 6. ATTORNEY'S FEES. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of ttre provisions of this Agreement, each party shall pay its own attorney's iees incurred in that action, arbitration or proceeding. 7. IMPROPER INFLUENCE. Each party agrees, warrants, and represcnts thatit did not and will not employ, retain, or contract with urry p"r*o1 or entityon a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, andrepresents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining or extencling this Agreement. 8. coNFLIcr oF INTEREST. The elected and appointed officials and employees of the parties shall not have any perional interest, direct orindirect, which gives rise to a conflict of interest. 9. NONDISCRIMINATION. Both YAKIMA and KITTITAS couNTIES, andtheir employees agree that they shall not discriminate against anyperson on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap inviolation of th_e washington state Law Against nisciimination (RCWChapter 49 '60) or the Americans with Disabilities Act (42 USC 12101et seq). If either party violates this provision, the non-violating partymay terminate this Agreement immediately and bar the otheipartyfrom performing any services for its entity in the future. 10. BAcKcRoUND CHECK/CRTMINAL HrsroRy. In accordance withChapters 388-700 WAC, T2.OS, RCW, and 4B.2OA RCW, theContractor is required to conduct background check/criminal historyclearance for all employees, subcontraJtors and,f or volunteers whomay or will have regular access to any client/iuvenile, prior to anyaccess under this agreement. In addition, contractor may be requirecr to conduct backgroundcheck/criminal history ciearance for employees, subcontractors Page 5 of 7 andf or volunteers who may or will have limited access to any clientljuvenile, prior to any access under this agreement. The contractor shall, based on the results from the criminal background check, determine whether each ernployee, volunteer, ancl subcontractor is suitable for access to clients/juveniles. N. CHANGES OR ADDITIONS: No change or addition to this agreement shall be valid or binding upon either palry unless such change or addition is in writing and execuied by both parties. O. EFFEICTI\IE DATE AND RENEWALS: This agreement shall be effective January 1. 2O24, and shall terminate onDecember 31. 2O24. This agreement shall be automatically renewed on a calendar year basis unless written notice of termination is given by either party no later thanNovember I of any such year. Failure of either party to notify the other ofsuch termination on or before November 1 of any yeai shall calse this agreement to automatically be renewed for the next ensuing year. P. APPROVAL OF COI]RTS: By signature hereto, the Juvenile Court Judges of each County have approved thisagreement. Page 6 of 7 $ r.bt 0 rrn_l-1 Kt s 00.,, Date COUNTY: Clerk of the Board BOARD OF COUNTY COMMISSIONERS: A as to Form &z\9"4 {_Cory Deputy Candi Shute Juvenile Court Administrator JUVENILE COURT JUDGE Date JUDGE E-(4.'r-1 r^.1.zf oq /n,rf a3 Date P ? '{/s3 Do u31.a g WSFfr+ r{Brett , Vice-Chair Date Lzm ABSENT Laura Osiadacz, Commissioner Date e U' 'n PageT of7