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HomeMy WebLinkAboutAgreements/Contracts - Juvenile (002)!3 K20-215 DETENTION SERVICES AGREEMENT BETWEEN MARTIN HALL JUVENILE FACILITY BOARD AND GRANT COUNTY, WASHINGTON This Agreement is made and entered into this day of December, 2020, by and between the Martin Hall Juvenile Facility Board, and having an address of c/o Scott Hutsell, Commissioner, Lincoln County, P.O. Box 28 Davenport, Washington 99122, hereinafter referred to as "MHJFB," and Grant County Washington, whose address is c/o Cindy Carter, Commissioner, Grant County, P. O. Box 37, Ephrata, Washington, 98823, hereinafter referred to as ("User"), and jointly hereinafter referred to as the "Parties." WITNESSETH WHEREAS, Chapter 39.34 RCW allows, among other things, governmental entities to contract with other governmental entities to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, MHJFB directly or by contract with a Facility Operator ("Facility Operator"), maintains and operates the Martin Hall Juvenile Detention Facility ("Facility"); and WHEREAS, User desires to utilize the services of the Facility and its staff for purposes of incarcerating Juveniles (on a space available basis); and WHEREAS, Title 13 RCW allows the various Counties of the State of Washington to engage in necessary juvenile detention services; and WHEREAS, the purpose of this Agreement is to allow juveniles under the jurisdiction of User to be housed, on mutually agreeable terms, at the Facility located on the campus of Eastern State Hospital, at Medical Lake, Washington; and WHEREAS, the Parties have taken all steps necessary to agree to the terms of this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby authorized, the Parties hereto agree as follows: For the purposes of this Agreement, "Juvenile" shall mean a youth under the jurisdiction of the User or the User's Court system and who is either a juvenile offender as defined Civil8/departments/juvenile department by RCW 13.40.020(15) or an alleged juvenile offender or has otherwise been taken into custody pursuant to RCW 13.40.040. 2. Services: MHJFB agrees to furnish the facilities and personnel at Martin Hall Juvenile Facility for confinement of youth, unless specifically prohibited or limited by Order of a Court of competent jurisdiction. Housing will be provided in the following situations: 1. Pre -adjudication housing; 2. Juveniles awaiting transportation to User's Courts or Facilities; 3. Post -adjudication housing; and 4. Parole revocations/violations. All juveniles housed at the Facility, pursuant to the terms of this Agreement shall receive the medical services provided at the Facility. In conjunction with providing medical services MHJFB and the Facility Operator have the full authority to order juvenile detainees having health care needs to existing public or private health care. All referrals to either public or private health care providers shall receive prior approval from User, unless the Facility staff or medical personnel determine an emergency exists, in which instance no prior approval will be necessary. Any and all medical services rendered to the juvenile referred out of the Facility under the terms of this Agreement, including but not necessarily limited to, physicians, mental health, hospital and clinic costs, shall be the sole responsibility of User and not the MHJFB. MHJFB shall advise all providers of outside medical services under the terms of this Agreement to forward all billings to User at the address set forth hereinabove. MHJFB will provide Juveniles housed pursuant to this Agreement with the educational services provided at the Facility. To the extent that additional services are ordered for a juvenile by a Court of competent jurisdiction over and above those services regularly and normally provided at the Facility, and which may be lawfully provided for and carried out by MHJFB at the Facility, Paragraph 7, Payment, will be renegotiated in advance of placement of the juvenile with respect to the costs of provision of such additional services. 3. Limitations on Services: No juvenile will be transferred by User to the Facility pursuant to this Agreement without MHJFB or the Facility Operator at the Facility receiving a telephonic or written communication requesting use of the facility and approving the placement. Any juvenile transferred pursuant to this Agreement must be accompanied by (1) an arrest report/probable cause statement signed by User's juvenile court administrator or their designee, or Civil8/departments/juvenile department 2 attached to a signed Order of the applicable jurisdictional Court or agency for detention and (2) the attached Intake Information and Health Record and Treatment Authorization Forms. User will provide MHJFB and Facility Operator with a list of designees authorized to place Juveniles at the Facility. User will be solely responsible for assuring that User complies with all laws and legal procedures regarding the referred Juveniles and agrees to defend and hold MHJFB and Facility Operator harmless therefrom. User agrees to notify the Facility Operator of any special or significant medical, emotional, physical or prior criminal history or criminal conduct problems known about the juvenile before the juvenile is turned over to the Facility Operator and admitted to detention. Any Juvenile presented for admission to detention in need, in the opinion of an appropriate medical professional, as determined by the Facility Doctor, of emergency medical care due to injury, illness or intoxication, or in the opinion of the County designated mental health professional, in need of immediate commitment, may be detained pending evaluation, but shall not be admitted to the Facility, and if not admitted, shall be referred to the presenting User. Subsequent admission to detention is contingent upon written clearance by a medical, county designated mental health professional or Judge/Court Commissioner. A. Non -Guaranteed Beds: In addition to the right to refuse admittance of any juvenile to detention based upon the juvenile's condition or the inability of User and MHJFB to contract for the provision of additional services, User understands and agrees that MHJFB does not guarantee, unless specifically included in this Contract in writing, that User shall have a specified number of available beds or any priority on beds. MHJFB agrees to house juveniles in spaces not being utilized by MHJFB members or other priority Facility users as determined by MHJFB. Further, MHJFB and the Facility Operator reserve the right to screen all juveniles to be housed pursuant to the terms of the Agreement, and to refuse, in its or their sole discretion, for any reason whatsoever, to house any such juvenile. 4. Transportation: User shall provide for all transportation requirements of any juvenile being transferred to and from the Facility pursuant to this Agreement, shall be solely responsible and liable for the transportation of all juveniles to and from the Facility, and for turning a juvenile over to the appropriately designated person to accept such juvenile. User shall hold and save MHJFB and Facility Operator harmless from any and all liability resulting from such transportation and transfer. Civil&deparnents/juvenile department 3 User may independently contract with third parties, including MHJFB Member Counties, and Facility Operators, for transportation to and from the Facility. User intends to employee transportation services provided by CCCS, as provided for in separate agreement. In the event CCCS fails to abide by the transportation agreement user may cancel this agreement with 30 days' notice. In the event Facility personnel, MHJFB or any third party provides transportation to and from the local health providers for medical or mental health emergency, any such transportation cost shall be paid by User upon notification and billing by MHJFB, and MHJFB and Facility Operator shall be responsible for such transport and shall hold User harmless from any and all liability resulting therefrom. 5. Cooperation: User shall maintain routine contact with the Facility and shall provide for the maintenance of routine contact between User's juvenile, Court and detention personnel and the Facility pursuant to this Agreement and shall be responsive to any emergency situation regarding any juvenile. 6. Standards: MHJFB will provide User with a copy of the Facility's Detention Standards. Any juvenile accepted by the Facility will be placed in a standard detention program unless a Court Order specifies otherwise. 7. Payment: User will pay MHJFB a fee of $10 per juvenile per day more than the daily rate paid by MHJFB counties and will adjust at the same time and on the same terms as MHJFB Counties. The daily fee shall include all registration and detention costs. For this purpose of this Agreement, a day shall mean each twenty-four hour period or any part thereof. MHJFB will bill User on a monthly basis for the fee due, as computed hereinabove. Such billing shall be mailed on or before the 15th day of the following month for the preceding month. All billings must be paid before the end of the month in which said billing is received by User. If User is a political subdivision or a governmental agency, payment shall be made no later than the next voucher cycle following the presentation by MHJFB of an invoice to User. The undersigned shall pay MHJFB a late charge of five percent (5%) of any monthly installments not received by MHJFB within fifteen (15) days after it is due. In addition to the bed rate, User shall be responsible for any medical or mental health costs, other than routine medical attention provided at the Facility, incurred by MHJFB as a result of necessary non -routine medical or mental health care of any juveniles held pursuant to this Agreement. The cost of security/custody of any juvenile who has to Civi18/departments/juvenile department 4 be detained at a physical or mental health facility for further treatment will be the sole responsibility of User and User shall defend and hold MHJFB harmless therefore. 8. Insurance. User shall carry, for the duration of this Agreement, general commercial liability insurance in the amount of One Million Dollars ($1,000,000.00) per occurrence, not excluding corrections and law enforcement activity, the policy defining personal injury to include injuries resulting from said activity, and the policy naming MHJFB as an additional insured. Each carrier shall be licensed in Washington State and shall have a best "A" rating. MHJFB reserves the right to reject any insurance company. User shall provide a copy of the policy to MHJFB, or evidence showing the existence of affirmative coverage and showing MHJFB as an additional insured within two (2) weeks after the execution of this Agreement. 9. Indemnity: User specifically agrees to protect, defend, indemnify and hold harmless, the MHJFB, all of its member Counties, all of their officers, agents, elected officials, employees and otherwise, and all Facility Operator entities and personnel, and all of their officers, employees and otherwise, and any Judges and Court Commissioners, from any and all liability, loss or damage they may suffer as a result of claims, demands, actions, damages or injuries of every kind and nature whatsoever by or to any and all persons, property, or costs including attorney's fees, or judgments against them which result from, arise out of, or are in any way connected with any of the obligations of User under the terms of this Agreement, including the payment of all medical and mental health care costs as described hereinabove, and also for the cost for such acts or omissions, and including the cost of establishing the right to indemnification hereunder in favor of MHJFB and the persons and entities hereinabove described, except for negligence or willful acts or omissions on the part of MHJFB. User acknowledges and by signing this Agreement agrees that the indemnification provisions are totally and fully part of this Agreement and have been mutually negotiated by the Parties. The obligation contained in this Paragraph shall survive the termination of this Agreement. 10. Operational Control: User acknowledges MHJFB's operational control of the Facility and acknowledges that juveniles admitted to the Facility will be subject to the same rules and regulations required of other Juveniles incarcerated therein. 11. Compliance with Laws: The Parties hereto specifically agree to observe all Federal, State and Local laws, ordinances and regulations, to the extent that they may have any bearing on either providing any money under the terms of this Agreement, or the services actually provided under the terms of this Agreement. Civi18/departments/juvenile department 5 12. Inspection: MHJFB will allow User, or their duly authorized representative, at reasonable times, and with sufficient advance notice, the right to inspect the Facility. 13. Relationship of the Parties: The Parties intend that an independent contractor/MHJFB relationship will be created by this Agreement. No agents, employees, servant or representatives of User shall be deemed to be an employee, agent, servant or representative of MHJFB for any purpose. User will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants or representatives. 14. Applicable Law, Jurisdiction and Venue: This Agreement has, and shall be construed as having been made and delivered in the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. The parties agree Washington Courts shall have jurisdiction of any action at law, suit in equity or judicial proceeding resulting from, arising out of, related to or in any way connected with this Agreement and/or the conduct of the parties hereto and their officers, agents, officials, employees or otherwise hereunder. Venue for any such action, suit or proceeding shall only be in Courts of competent jurisdiction within Lincoln County, Washington. 15. Assignment: Each party to this Agreement binds itself and its successors to the other party to this Agreement and to the successors of each party with respect to all covenants of this Agreement. Neither party may assign, sublet or transfer, in whole or in part, its interest in this Agreement without the express written consent of the Parties; provided, however, both Parties agree and understand that MHJFB has or may enter into contracts with third parties (Facility Operator) for the provision of the services provided at the Facility. 16. Modification: No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed by both Parties with the same formalities as this present Agreement. 17. Term: Termination: MHJFB will commence providing the services set forth in this Agreement on the 1 sc day of January, 2021, and shall continue providing the same until the 31 st day of December, 2023, unless terminated earlier as provided for herein. As of January 1, 2021, this agreement supersedes any previous agreement between MHJFB and Grant County. Either party reserves the right to terminate this Agreement for any reason upon thirty (30) days written notice. In the event of termination, User agrees to pay MHJFB for all services performed to the date of termination based upon the fee set forth in Paragraph 7 above. In the event Civi18/departrnents/juvenile department 6 of termination by either party, User shall remove, at its own cost and liability, all juveniles placed by it in the Facility. 18. Notices: All notices called for or provided for in this Agreement shall be in writing and must be served on any of the Parties either personally or by certified mail, return receipt requested, sent to the Parties at their respective addresses hereinabove given. Notices sent by certified mail shall be deemed served when deposited in the United States Mail, postage pre -paid. Each party can rely upon the other Parties address set forth herein until such time as either party receives from the other party a written notice of a change of address. 19. Extent of Agreement: This Agreement contains all the terms and conditions agreed upon by the Parties hereto. The Parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. This Agreement supersedes and cancels any or all previous oral or written agreements between the Parties hereto. Both Parties having been given an opportunity to have this Agreement reviewed by others, the Rule of Construction providing that the Agreement shall be construed against the drafter will not be used in the interpretation of this Agreement. This Agreement shall be interpreted according to the ordinary and usual meeting of the words thereof in light of the operations of the Martin Hall Juvenile Detention Facility. User has read and understands all of this Agreement, and now states that no representation, promise or agreement not expressed in this Agreement has been made to induce User to execute the same. 20. Documentation: All documents maintained by MHJFB pursuant to the terms of this Agreement shall be the property of User. Provided, however, User authorizes MHJFB to maintain such documents and records at the Facility. 21. Headings: The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. 22. Duty To Advise Juvenile Detainees: Except to the extent specifically provided in this Agreement, the parties understand that neither User nor any juveniles housed by MHJFB at the Facility under the terms of this Agreement have any continued right to receive the services described in this Agreement from MHJFB. MHJFB shall not be responsible for advising any juvenile placed at the Facility at User's request that MHJFB has terminated, is terminating, or might terminate this Agreement. Civil8/departments/juvenile department 7 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first set forth hereinabove. DATED this day of December, 2020. MARTIN HALL JUVENILE FACILITY BOARD By: SCOTT HUTSELL, Chair APROVED AS TO FORM Kevin J. McCrae WSBA# 43087 Chief Civil Deputy Prosecutor GRANT COUNTY OF CO JY MISSIONERS Cindy arter, ai a 'V1c"e,ChaiZ Tom Taylor, Member ATTEST: Barbara J. lasquez Clerk of the Board APROVED AS TO FORM Kevin J. McCrae WSBA# 43087 Chief Civil Deputy Prosecutor