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HomeMy WebLinkAboutAgreements/Contracts - JuvenileAGREEMENT FOR THE TRANSPORT OF JUVENILE DETAINEES Between Grant County K20-009 and Community, Counseling, and Correctional Services, Inc. Grant County, a political subdivision of the State of Washington, (hereafter "User"), enters into this Agreement with Community, Counseling, and Correctional Services, Inc., a Montana non-profit corporation (hereafter "CCCS, Inc.") for the purpose of CCCS, Inc. providing transport services for User's juvenile detainees, as set out below. Whereas, it is necessary that the transportation of juveniles be made in vehicles with security cages for the confinement of the juveniles being transported and that CCCS, Inc. has such secure cages available for the use by CCCS, Inc. during the period of the Agreement. NOW, THEREFORE, the parties intending to be legally bound agree and covenant, as follows: I. BASIC AGREEMENT CCCS, Inc. hereby covenants and agrees to perform certain specialized transportation services for juvenile detainees as hereinafter described, for the benefit of the User. II. SPECIAL CONDITIONS In addition to all other duties and responsibilities assigned under the Agreement, CCCS, Inc. will deliver all juveniles to and from the mutually agreed upon locations and to and from Martin Hall Juvenile Detention Facility in Medical Lake, Washington,, at reasonable times that are mutually agreed upon by User representatives and CCCS, Inc. CCCS, Inc. agrees to provide staff to transport juveniles. CCCS, Inc. transfer staff will restrain all juveniles with appropriate secure personal restraints when necessary and while the juveniles are being transported will use vehicle seatbelts. All transport personnel will be currently CPR certified. CCCS, Inc. transport personnel will be responsible for security while juveniles are in their custody. Pursuant to JuCR 1.6 Physical Restraints in the Courtroom, "Juveniles shall not be brought before the court wearing any physical restraint devices except when ordered by the court during or prior to the hearing. Instruments of restraint, such as handcuffs, ankle chains, waist chains, strait jackets, electric -shock producing devices, gags, spit masks and all other devices which restrain an individual's freedom of movement shall not be used on a respondent during a court proceeding and must be removed prior to the respondent's appearance before the court. CCCS, Martin Hall Staff will produce juveniles at the appropriate time for court proceedings. Upon arrival at the court, Grant County a political subdivision of the State of Washington will assume sole responsibility for the juvenile. CCCS Martin Hall staff will remove all restraints from the juvenile prior to the juvenile's entrance into the court room. Upon completion of the court proceedings CCCS staff will prepare the juvenile for transport back to Martin Hall, re -apply the restraints in preparation for transport and assume sole responsibility for the juvenile. This temporary transfer of custody shall in no way effect the juvenile's custodial status for the Average Daily Population at the Martin Hall Juvenile Detention Facility. In the event a court order is issued requiring the juvenile to remain in restraints. CCCS Martin Hall staff shall not remove the restraints from the juvenile and the juvenile will appear in court while in restraints as directed by the court. CCCS, Inc. will not provide release transportation services on either Saturday or Sunday. This does not affect transportation for the purpose of picking up a detained juvenile. Those services will continue 24/7/365. AGREEMENT FOR THE TRANSPORT OFJUVENILE DETAINEES -I III. ARREST AND CUSTODY DOCUMENTS A copy of the arrest and custody documents will be given by the User officials to the CCCS, Inc. transport staff personnel when custody is exchanged and before a juvenile is transported. These documents will be given to Martin Hall Juvenile Detention Facility staff when the juvenile is delivered to the Facility. IV. VEHICLES CCCS, Inc. will furnish the User proof of inspection for each vehicle participating in the juvenile transportation program in accordance with all local, state and federal standards, if any. Each vehicle shall be subject to a preventive maintenance program and records of each vehicle's participation in the preventive maintenance program must be available to the User upon request. The maintenance records must include all preventive and repair maintenance performed on the vehicle. All transport vehicles will be equipped with security cages which are being provided by CCCS, Inc. during the period of this Agreement and CCCS, Inc. transport personnel will be equipped with communication capability to both the Detention Facility (and other detention centers) and the respective User facilities at all times. V. TERM Except as provided in Sections XII and XIII, the term of this Agreement shall be for a period of one (1) year from the date this Agreement is executed by the parties hereto. Thereafter, this agreement shall automatically renew each calendar year, unless CCCS Inc. provides written notice to user of intent not to renew, not later than thirty (30) days prior to the expiration of the calendar year. VI. INDEPENDENT CONTRACTOR CCCS, Inc. is an independent contractor and has and retains full control and supervision of the services to be performed hereunder and CCCS, Inc. has full control over the employment and direct compensation and discharge of all persons, other than User employees, assisting in the performance of its services hereunder. CCCS, Inc. shall be solely responsible for all matters relating to payment of wages to its employees, including compliance with social security, payroll tax withholdings and unemployment compensation. CCCS, Inc. agrees to be responsible for its own acts and those of its subordinates, employees and any and all subcontractors, if any, during the life of this Agreement. VII. ONLY CERTAIN EMPLOYEES TO PROVIDE SERVICES CCCS, Inc. shall provide the User with a list of all personnel who will perform services under this Agreement for certification and prior approval by the User, which employee's involvement in the delivery of services hereunder. CCCS, Inc. agrees that, except in emergency situations, it will perform all the services required under this Agreement using only employees from the approved list, provided that CCCS, Inc. may submit additional personnel for certification and approval by the User and further provided that each of such additional employees meets the minimum driver standards as stated hereinabove. CCCS, Inc. shall provide a comprehensive list of all drivers who must be licensed and meet the respective insurance requirements of the aforementioned insured. All CCCS, Inc. transportation staff will be certified in CPR and complete a security orientation. Each CCCS, Inc. driver will at all times have a picture identification card approved by the User, authorizing transport staff approval for transportation and detention services. The identification card must be displayed in clear view on the transport staff at all times. CCCS, Inc. certifies that all CCCS, Inc. personnel providing services under this Agreement shall be technically qualified to perform the services required hereunder and, unless otherwise provided herein, as required by the nature of the services, will be fully licensed and authorized in conformity with all state licensing requirements and all governmental statutes provided hereunder. CCCS, Inc. will remove any driver, at the request of the User, who in the User's reasonably exercised sole judgment, is not performing in an acceptable manner, and if requested to be removed, said driver shall not AGREEMENT FOR THE TRANSPORT OFJUVENILE DETAINEES -1 perform any of the services hereunder unless specifically approved in writing in advance by the User. Upon removal of any driver, CCCS, Inc. shall return the driver's identification card to the User. VIII. INDEMNITY CCCS, Inc. shall indemnify, defend and hold the User harmless from any and all claims and lawsuits by third parties, including damages, expenses, penalties, fines, costs, charges and attorneys' fees incurred by the User, whether these claims or lawsuits are based upon breach of warranty, strict liability in tort, or failure by the CCCS, Inc. to comply with any laws relating to or affecting the services to be provided hereunder, the use of patent appliances, products, or processes or any breach by CCCS, Inc. of any of its duties, representations, covenants, or other obligations of CCCS, Inc. hereunder, whether said claims or lawsuits are covered by insurance or not. CCCS, Inc. shall defend the User against all such claims and lawsuits and shall pay all costs and expenses incidental thereto, provided, however, that the User shall have the right to defend against any such claim or lawsuit without relieving CCCS, Inc. of any of its obligations hereunder. User shall defend CCCS, Inc. against any claims and lawsuits, which occur when the Plaintiff was clearly in the sole custody of the User at the time of any discrepancy. IX. ACCIDENTS, CLAIMS AND INSURANCE (A) Insurance. For the term of this Agreement, CCCS, Inc. shall maintain the following insurance coverages in the amounts stated herein below. With the exception of Worker's Compensation, on each of such policies of insurance the User shall be shown as an additional party insured. Worker's Compensation. Statutory. Comprehensive General Liability (including Contractual Liability and Independent Contractors) Bodily Injury Liability: Each Person $1,000,000 Each Accident $1,000,000 Property Damage Liability: Each Accident $1,000,000 Automobile Liability. Bodily Injury Liability: Each Person $1,000,000 Each Accident $1,000,000 Property Damage Liability: Each Accident $1,000,000 Or $1,000,000 Combined Single Limit CCCS, Inc. shall furnish the User Certificate(s) of Insurance prior to the commencement of services hereunder. The Certificate(s) of Insurance shall provide that in the event of cancellation or any material change in the coverage stated above, the User shall be notified not less than 30 days prior to the effective date of any such change. All insurance coverages required to be maintained or provided by CCCS, Inc. shall be with companies and evidenced by policies acceptable to the User and all such companies shall have a rating not less than B + Policy Holders Rating by Alfred M. Best and Company, Inc. The user reserves the right to inspect in person, prior to the commencement of the services, all of CCCS, Inc. insurance policies required hereunder. (B) Claims. If, as a result of any service performed under this Agreement, a claim is made against the User or CCCS, Inc., CCCS, Inc. must verbally notify the User, with a complete and accurate description of the incident, within 24 hours of receipt of the claim. CCCS, Inc. shall submit written notice of any such claim to the User within 36 hours of receipt of the claim. The User shall notify CCCS, Inc. of any claims reported directly to the User within 48 hours of receipt of the claim. (C) Accidents. All passengers and vehicle accidents involving any property damage or personal injury resulting from service provided under this Agreement must be verbally reported, immediately, and verified, in writing, to the User with a complete report on the incident, including any forms provided by the User for that purpose, within 24 hours of the occurrence. The User shall notify CCCS, Inc. of any accident reported directly to the User within 24 hours after notice of the accident. AGREEMENT FOR THE TRANSPORT OF✓UVENILE DETAINEES - 3 X. RESERVED XI. TERMINATION FOR CONVENIENCE The User may terminate this Agreement, in whole or in part, without cause, at any time, by written notice to CCCS, Inc. whenever the User determines that such termination is in the best interest of the User. Upon receipt of written notice of termination, all services and any other performance hereunder by CCCS, Inc. shall cease to the extent specified in the notice of termination. In the event of termination in whole, CCCS, Inc. shall prepare a final invoice within 30 days of such termination reflecting the services actually furnished pursuant to this Agreement to the satisfaction of the User and for which no previous invoice was submitted to the User. In the event of termination for convenience, CCCS, Inc. performance hereunder shall cease, and CCCS, Inc. shall prepare:a final invoice reflecting the services actually furnished to the satisfaction of the User that have not appeared on any previous invoice. The User agrees to pay CCCS, Inc. in accordance herewith and as reflected on said invoices for services actually furnished, less payment of any compensation previously paid and less any costs or damages incurred by the User as a result of such default, including, without limitation, any amount necessary to obtain suitable substitute and replacement contractors in excess of the cost had CCCS, Inc. satisfactorily completed the Agreement. XII. TERMINATION FOR CAUSE The User may, by written notice of default to CCCS, Inc., terminate the whole or part of this Agreement in the following circumstances: (a) If CCCS, Inc. fails to perform the services as specified herein, at or within the times specified herein or therein or any extensions thereof; (b) If CCCS, Inc. fails to perform the services in the manner specified herein; (c) If CCCS, Inc. fails to perform any other provision of this Agreement for any reason whatsoever, or fails to perform or keep any other covenant required to be performed or kept; and CCCS, Inc. does not cure such failure within a period of 10 working days (or such longer period of time as may be authorized by the User in writing) after receipt of written notice of default from the User specifying such failure. In the event of termination, CCCS, Inc. performance hereunder shall cease XIII. ASSIGNABILITY CCCS, Inc. shall not transfer, assign, sublet, mortgage, pledge or otherwise dispose of this Agreement or of any interest herein without the prior written consent of the User. CCCS, Inc. may not subcontract any portion of its obligation hereunder to any other firm or party unless approved in writing by the User. The User may assign its rights and obligations hereunder to any successor to the rights and functions of the User or to any governmental agency to the extent the User deems necessary or advisable under the circumstances. XIV. WAIVER OF TERMS AND CONDITIONS The failure of the User or CCCS, Inc. in any one or more instances to enforce one or more of the terms or conditions of this Agreement or to exercise any of the rights or privileges, or the waiver of any breach of such terms and conditions, shall not be construed as permanently waiving any such terms, conditions, rights or privileges, and the same shall continue and remain in full force and effect as if no waiver had occurred. AGREEMENT FOR THE TRANSPORT OFJUVENILEDETAINEES- 4 XV. INTERPRETATION, JURISDICTION AND VENUE The Agreement shall be construed and interpreted solely in accordance with the laws of the State of Washington. CCCS, Inc. hereby consents and submits to the jurisdiction of the appropriate courts of Washington for adjudication of any suit, right or cause of action arising under or in connection with the Agreement. XVI. SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance, is rendered or declared illegal for any reason and shall be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. XVII. INSPECTION OF CONTRACTOR'S VEHICLES Throughout the term of this Agreement, the User shall have the right, upon 24 hours notice, to inspect the vehicles used by CCCS, Inc. in connection herewith. All inspections by the User shall be made in such a manner as not to interfere with the CCCS, Inc.'s performance. The User shall have the right to enter CCCS, Inc. premises for the purpose of inspecting and auditing all data and records, which pertain hereto. The User shall also have the right to enter CCCS, Inc. premises for the purpose of carrying out the inspection of vehicles. In the event any of the services performed hereunder do not conform with the requirements of this Agreement, the User shall have the right to (i) require CCCS, Inc. to immediately take all necessary steps to ensure future performance to be in conformity with the requirements of the Agreement; and (ii) reduce the compensation to reflect the reduced value of the services. In the event CCCS, Inc. fails to take necessary steps to ensure future performance in conformity with the requirements of this Agreement, the User shall have the right to either (i) charge CCCS, Inc. any costs to the User that are directly related to the performance or (ii) terminate this Agreement for cause. XVII. EXPLANATIONS Should it appear that services provided pursuant hereto are not sufficiently detailed or explained in this Agreement, CCCS, Inc. shall request further written explanation or interpretation, as may be necessary and the services hereunder shall conform to the explanation as provided. XIX. COMPLIANCE WITH LAWS/PERMITS AND LICENSES CCCS, Inc. shall comply with all existing and future federal, state and municipal laws, ordinances, rules, regulations and orders relating to or affecting the services hereunder. Upon request, CCCS, Inc. shall furnish to the User certificates of compliance with all such laws, orders and regulations. CCCS, Inc. shall be responsible for obtaining all necessary permits and licenses required for performance under this Agreement. XX. RECORDS CCCS, Inc. shall keep separate written records and documents during the performance of this Agreement and for three years thereafter relating to the finances hereof and the performance hereunder. These documents shall include records pertaining to wages, salaries, and other costs; such records shall be supported by the proper documentation. All documents, whenever possible, shall be kept separate and apart from all other such documents. CCCS, Inc. shall keep and supply the User with all information required for any reports that may be required by the State of Washington. CCCS, Inc. shall.keep record and documents during the performance of the contract and for three years thereafter evidencing compliance with the User's EEO requirements. All such records and documents, or copies thereof, shall be available at reasonable times and places for inspection by the User and will be submitted to the User upon the request, together with other compliance information that the User may require. AGREEMENT FOR THE TRANSPORT OF JUVENILE DETAINEES- 5 XXI. NONDISCRIMINATION During the performance hereunder: (1) CCCS, Inc. will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, ancestry or handicap. CCCS, Inc. will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. If CCCS, Inc. hires additional employees in order to perform hereunder CCCS, Inc. will determine the availability (in accordance with the Human Rights Commission's Rules and Regulations for Public Contracts) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. CCCS, Inc. will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, national origin, ancestry or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CCCS, Inc. agrees to conspicuously post in places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (.2) CCCS, Inc. will, in all solicitations or advertisements for employment placed by or on behalf of CCCS, Inc., state that all applicants will be considered for employment without regard to race, religion, color, sex, national origin, ancestry or handicap. (3) CCCS, Inc. will send to each labor union or representative of workers with which CCCS, Inc. has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the User, advising the said labor union or workers' representatives of the CCCS, Inc. commitments hereunder and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) CCCS, Inc. will comply with all provisions of Executive Order 11246 entitled "Equal Employment Opportunity' of September 24, 1965 as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60). (5) In the event of CCCS, Inc. noncompliance with the nondiscrimination provisions hereof or with any of said rules, regulations or orders, this Agreement may be terminated in whole or in part and CCCS, Inc. may be declared ineligible for further governmental contracts or federally -assisted contracts in accordance with the procedures authorized in Executive Order 11246 or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. XXII. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. XXIII. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties, and cannot be modified or amended except by mutual written agreement of the parties. XXIV. SEPARATE ENTITIES It is understood and agreed that nothing herein contained is intended or should be construed as in any way creating or establishing the relationship or co-partners or joint venturers between parties hereto, or as constituting CCCS, Inc. or the User as representatives of each other for any purpose. XXV. NOTICES Unless otherwise specified, any notice, demand or request required hereunder shall be given in writing at the addresses set forth below, by any of the following means: (a) Personal Service; AGREEMENT FOR THE TRANSPORT OFJUVENILE DETAINEES- 6 (b) Electronic Communication, whether by telex, telegram, telecopy or facsimile (FAX) machine; (c) Overnight Courier; or (d) Registered or certified, first class mail, return receipt requested. For County/Agency Grant Richard Stevens, Commissioner Tom Taylor, Commissioner Cindy Carter, Commissioner P.O. Box 37, Ephrata, WA 98823 For CCCS, Inc.: Mike Thatcher, Chief Executive Officer CCCS, Inc. 471 E. Mercury Butte, MT 59701 Such addresses may be changed by notice of the other party given in the same manner as above provided. Any notice, demand or request sent pursuant to either clause (a) or (b) hereof shall be deemed received upon such personal service or upon dispatch by electronic means. Any notice, demand or request sent pursuant to clause (c) shall be deemed received on the day immediately following deposit with the overnight courier and, if sent pursuant to subsection (d) shall be deemed received 48 hours following deposit in the mail. AGREEMENT FOR THE TRANSPORT OF.IUVENILE DETAINEES - 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. ATTEST: 4ar J. Vasquez, o e Board Approved as to form: Date 1)1x7 , 2019 Kevin McCrae, WSBA #: 43087 Chief Civil Deputy Prosecuting Attorney Date BOARD OF COUNTY COMMISSIONERS eA Cindy Carter, Chair Richard Stevens, Vice -Chair tT"L, Tom Taylor, Member CCCS, Inc. (a�cG►�d ) Mike Thatcher, Chief Executive Officer AGREEMENT FOR THE TRANSPORT OF JUVENILE DETAINEES - 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. Dated: ATTEST: Title APPROVED: Title APPROVED AS TO FORM: Title Date: Grant County AUTHORIZED SIGNATURES Title Title Title CC/CS f �— Mike Thatcher, Chie xecutive Officer AGREEMENT FOR THE TRANSPORT OF JUVENILE DETAINEES - 8