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HomeMy WebLinkAboutAgreements/Contracts - Juvenile%P GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Juvenile Court & Youth Services REQUEST suBnniTTEo BY: Suhail Palacios CONTACT PERSON ATTENDING ROUNDTABLE: Suhail PBIaCIOS CONFIDENTIAL INFORMATION: ❑YES W NO DATE'. 1 1 /20/2024 PHONE: 509-754-5690 Ext. 4430 :TYPE(S) OF DOCUMENTS SUBMITTED,. (CHECK ALL THAT APPLY1 ®Agreement / Contract OAP Vouchers ❑Appointment / Reappointment DARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants - Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances [-]Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB wz rI A q!11111111111 1111 - 1 1 1111 ue ;J!j I I: •� N EMOUT TI-Tal � !MIN 16J.-imm Please review for your approval new proposed Interlocal Agreement between Grant County and Chelan County for Juvenile Detention Services. This agreement supersedes and completely replaces the agreement previously entered into by the parties dated January 9, 2023. Term of Contract: Effective signed date to December 31, 2030. If necessary, was this document reviewed by accounting? ❑ YES 7 NO If necessary, was this document reviewed by legal? © YES ❑ NO DATE OF ACTION: :�!. -2,4 APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: 4/8/24 „ze me .Q tooth & am' kua&m eu &aAo&cvd aad ejaWa �n a 4i&/.f at #eraw,.. GRANT COUNTYI ti[JR'C & YOUTH S_ ERVIC P.O. Box 8I8 1 3Q3 Abed Road, Ephrata, WA 98823 phone (509) 754-5690 1 eFax 1-509- 754-5797 November 20, 2024 Board of Grant County Commissioners PO Box 37 Ephrata, WA 98823 RE: Signature for Interlocal Agreement Between Grant County and Chelan County For Juvenile Detention Services Dear Board of County Commissioners: Please see attached contract for review and approval. Contractor: Chelan County Juvenile Center Term of Contract: The term of this Agreement initially commences on the effective signed date and shall continue through December 31St, 2030. Purpose: The purpose of this Agreement is to set forth the terms and conditions under which Chelan County shall provide juvenile detention services for juveniles under the jurisdiction of Grant County Juvenile Court Thank you for considering my request. 4 11� Suhail Palacios, Juvenile Court Administrator Grant County Juvenile Court &Youth Services aee"aa&-&z#, aad pamw_ �/ 7_ /,,,, % , at- ni l raa "d f evzpwaw wd" w4&aim "d Awawr&I� Aw&z�, i .; INTERLOCAL AGREEMENT ("AGREEMENT") BETWEEN GRANT COUNTY AND CHELAN COUNTY FOR JUVENILE DETENTION SERVICES BOARD OF COUNTY OMMISSIONE Gr 7TCOU TY, ASHINGTON Cindy Ca r, Chair ATTEST: Danny �.Stone, Vice -Chair Barbara J. Vasquez Roby a ember Clerk of the Board Approved as to form: Rebekah Kaylor, WSBA #53257 Civil Deputy Prosecuting Attorney Date: INTERLOCAL AGREEMENT ("AGREEMENT'") BETWEEN GRANT COUNTY AND CHELAN COUNTY FOR JUVENILE DETENTION SERVICES As of the effective date, the agreement below supersedes and completely replaces the agreement previously entered into by the parties dated January 9, 2023. The terms of this agreement are effective once all signatures are applied and the requirements of paragraph 24 have been satisfied. I. Parties. The parties to this Agreement are Grant County, by and through the: a. Grant County Board of Commissioners, Room 206,,35 C Street NW, Ephrata, WA 98823, b. Grant County Juvenile Court and Youth Services, 303 Abel Road, Ephrata., WA 98823,. c. Grant County Superior Court, 35 C Street NW,, Ephrata,, WA 98823,, and Chelan County, by and through the: d. Chelan County Board of Commissioners, 400 Douglas Street., Suite 201, Wenatchee,. 98801., e. Chelan County Juvenile Justice Center., 316 Washington Street,, Suite 202., Wenatchee,, 98801 f. Chelan County Superior Court, 401 Washington Street,, Wenatchee, 98801 2. Background. Chelan County presently owns., operates and maintains the Chelan County Juvenile Center ("Center"), located at 300 Washington St.., Wenatchee,, WA, 98801. Grant County believes it is in the best interests of Grant County and Chelan County for Chelan County to provide detention services to Grant County through the Center. 3.Authority. RCW 39.34.080 authorizes one or more public agencies to contract with one another to perform governmental services which each itself is by law authorized to perform. 4. Purpose. The purpose of this Agreement is to set forth the terms and conditions under which Chelan County shall provide juvenile detention services for juveniles under the jurisdiction of Grant County Juvenile Court, a department of Grant County Superior Court. S- Dpfinitinne, a. Detention. For purposes of this Agreement., the term "detention" means that period of time when a juvenile is within the physical custody of a Chelan County Juvenile Department agent., employee or officer for purposes of transport and physical confines of the Center or under the direct supervision and control of a. Chelan County Juvenile Department agent, employee, or officer. b. Juvenile. For purposes of this Agreement, the term "Grant County juvenile," means a person age 17 years or younger who is subject to the jurisdiction of the Juvenile Department of Grant County Superior Court because the juvenile has been arrested for a new offense or warrant, or is serving court - ordered confinement. Juvenile also means those age 17 and under who are subject to the jurisdiction of adult court either Superior or District. 1 Agreement between Grant and Chelan Counties for Detention Services For the purposed of this Agreement, the term "in-custody"means juveniles who are subject to the jurisdiction of the Juvenile. Department of Grant County Superior Court and arrested for anew offense orwarrant, orserving court -ordered confinement. |ialso means those incustody pursuant toadult court jurisdiction. For purposes of this Agreement, the term "ADP'-' means the average daily population of Grant County juveniles in Center over the previous calendar'year. 6. Duties of the Parties. a. Chelan County agrees toprovide detention services to Grant County juveniles. |ncoordination with Grant County Center will transport juveniles LoGrant County jail upon juvenile reaching 18 years of age. A juvenile may not remain at the Center after the juvenile turns 18 years of age. Grant county is solely responsible for assuring proper authority for the 18-year old juvenile to be received at Grant County jail. Unless agreed otherwise, transportation to and from Grant County shall beprovided by Center. Center shall put forth agood faith effort to arrive at Grant County within two hours fromthe time ofaninitial request for transport by Grant County. Center shall provide for all transportation requirements mfany juvenile being transferred to and from the Center pursuant tothis Agreement, shall besolely responsible and liable for the transportation of all juveniles to and from the Center, and for turning a juvenile over to the appropriately designated person 10accept such juvenile. |fbail isposted after 3p.m.during vveekdays.or anytime onweekends iListhe responsibility ofthe juvenile's parent, guardian, or responsible adult designated by the juvenile's parent.or guardian to pick the juvenile up at the Center. Center agrees toprovide medical care, including sick call and routine follow upcare as provided bvthe Chelan County joint 'aik1uvenikemnedica|servicesprogran\tothesame extent that such services are currently provided toall other youth housed. atthe Center. Grant County shall be fully responsible for the cost of necessary or emergent medical care that isprovided outside the Center. Said cost shall include but not necessarily belimited to cane providers orservices beyond the capabilities ofthe Chelan County jail/juvenile medical program. Grant County shall also be responsible for the cost, as invoiced, of all medications administered toGrant County Juveniles inside oroutside Center, over and above the detention bed rate. For purposes of this subsection, the term "'necessary," refers to medical care that is recommended by staff of the jail/detention medical program that cannot reasonably be delayed, at the sole discretion of Center, until Such time as the youth is released from the Center. Grant County shall receive notification a reasonable time following determination ofnecessary medical care. Agreement between Grant and Chelan Counties for Detention Services Center shall also provide detention school services pursuant to applicable Chelan County detention school policies to the same extent that such services are currently provided to all other youth housed at the Center. The Grant County Juvenile Court administrator will work with judicial officers and the Center in determining booking or continued confinement of a juvenile due to extreme medical related issues. b. Grant County shall besolely responsible for compliance with any and all applicable court orders and the sufficiency of the legal basis for the arrest and detention ofall detained juveniles transferred and/or brought tothe Center on request of Grant County. Grant County shall besolely responsible for the detention needs and compliance with court orders for any and all juveniles who are refused admittance into, or later fails tomeet continued incarceration criteria for, Center custody for any reason. Grant County shall be solely responsible for any omission of or inaccurate information which occurs in any instance pertaining to a Grant County juvenile transferred and/or brought to the Center. Grant County shall provide, within 24 hours of admission of a Grant County Juvenile to Center, all Grant County Juvenile prescribed medication to Center. 7. Duration. The term ofthis Agreement initially commences onthe effective date, and shall continue through December 31,, 2030., unless terminated pursuant to the provisions of this agreement. 8. Termination. Either party May terminate this Agreement,, without cause, by providing written notice to the other party no less than 90 days in advance of the date of the intended termination date. No termination ofthis Agreement shall release either party from any liability orobligation with respect to any matter occurring prior tosuch termination date. Any and all term ina¢ions.shaUbedeemed a termination for convenience. On or before the termination date, Chelan County shall transport Grant county Juveniles to Grant County. Following the termination date Grant County is solely responsible for and shall immediately remove all remaining Grant County juveniles from Center. All fees accrued as result of this agreement survive termination and thus are and remain due, and payment terms survive termination ofthis agreement. 9. Payment to Chelan Co a. Annual Rate of Incarceration. Center agrees toaccept and house Grant County juveniles for annual compensation based upon the cost to Chelan County and based upon Grant County's juvenile ADP. b. Rate Schedule. Minimum mandatory rates below are based on an initial 2024 facility fee of $173.25 multiplied by an expected ADP of 4.4 in 2024 and 2025,, and anexpected ADP of 6.5 for the 2026 through 2030 period. Facility fees increase 5% per year as noted below. 3 Agreement between Grant and Chelan Counties for Detention Services 2024 Rate: Rate is based on an estimated ADP of 4.4 at the daily rate of $173.25. The minimum mandatory bill for 2024 shall be $278,239.50. Any detention bed usage over an annual ADP of 4.4 for the period of January 1,, 2024 through December 31,, 2024 will be billed separately at $173.25 per day or fraction thereof. 2025 Rate: Rate is based on an estimated ADP of 4.4 at the daily rate of $181.91. The minimum mandatory bill for 2025 shall be $292,,147.46. Any detention bed usage over an annual ADP of 4.4 for the period of January 1., 2025 through December 31,. 2025 will be billed separately at $181.91 per day or fraction thereof. 2026 Rate: Rate is based on an estimated ADP of 6.5 at the daily rate of $191.00. The minimum mandatory total bill for 2026 shall be $453,147.50. Any detention bed usage over an annual ADP of 6.5 for the period of January 1,, 2026 through December 31, 2026 will be billed separately at $191.00 per day or fraction thereof. 2027 Rate: Rate is based on an estimated ADP of 6.5 at the daily rate of $200.55. The minimum mandatory total bill for 2027 shall be $475,804.87. Any detention bed usage over an annual ADP of 6.5 for the period- of January 1., 2027 through December 31, 2027 will be billed separately at $200.55 per day or fraction thereof. 2028 Rate: Rate is based on an estimated ADP of 6.5 at the daily rate of $210.57. The minimum mandatory total bill for 2028 shall be $499.,577.32. Any detention bed usage over an annual ADP of 6.5 for the period of January 1,, 2028 through December 31, 2028 will be billed separately at $210.57 per day or fraction thereof. 2029 Rate: Rate is based on an estimated ADP of 6.5 at the daily rate of $221.10. The minimum mandatory total bill for 2029 shall be $524,559.75. Any detention bed usage over an annual ADP of 6.5 for the period of January 1., 2029 through December 31., 2029 will be billed separately at $221.10 per day or fraction thereof. 2030 Rate: Rate is based on an estimated ADP of 6.5 at the daily rate of $232.15. The minimum mandatory total bill for 2030 shall be $550,775.87. Any detention bed usage over an annual ADP of 6.5 for the period of January 1,, 2030 through December 31, 2030 will be billed separately at $232.15 per day or fraction thereof. c. Medical Expenses. Grant County shall reimburse Center for the cost of emergency and non - routine medical services, as set forth herein. d. Quarterly Billing. Center shall submit a billing to Grant County at the end of each quarter for the entire amount incurred during that period. Grant County shall remit payment to -Chelan County within 40 calendar days. 4 Agreement between Grant and Chelan Counties for Detention Services e. Reconciliation Billing. Any detention bed usage by Grant County Juveniles over the ADPs set forth above will be calculated by January 15t" following the previous contract year and will be billed separately at $173.25 per day through December 31, 2024" $181.91 per day for the period of January 1, 2025 through December 31, 2025, $191.00 per day for the period of January 1, 2026 through December 31, 2026; $200.55 per day for the period of January 1, 2027 through December 31, 2027; $210.57 per day for the period of.January 1, 2028 through December 31, 2028; $221.10 per day for the period of January 1, 2029 through December 31, 2029; and $232.15 per day for the period of January 1, 2030 through December 31, 2030. Reconciliation billing will be completed by February 15t" of each year for the previous contract year. Grant County shall remit payment to Chelan County within 40 days of receipt of the reconciliation billing. c. Detention Log. Center shall provide Grant County with a detention log at the time of billing, in order for Grant County to properly account for Grant County juveniles served in the Center. d. Due Date. Grant County shall pay Chelan County within forty days of receipt of the quarterly billing. 10. Indemnification. To the extent of its comparative liability, each party shall indemnify, defend and hold the other party, its departments, elected and appointed officials, employees and agents harmless from and against any and all claims, damages, suits, actions, loses and expenses, including attorney's fees, for any bodily injury, sickness, disease, or death, or any damage to or destruction of property, including the loss of use resulting therefrom, which are alleged or proven to be caused in whole or in part by a negligent act or omission of the Chelan, or Grant County's officials, employees, and agents. 11. Compliance with all laws. Each party shall comply with all federal, state, and local laws, rules, regulations and ordinances applicable to the performance of this Agreement. 12. Maintenance and Audit of Records. Each party shall maintain books, records, documents and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by either party or its designee and the Washington State Auditor's Office. Each party shall retain such books, records, documents and other materials as required by Washington law. 13. Improper Influence. Each party agrees, warrants and represents that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining or extending this Agreement. 5 Agreement between Grant and Chelan Counties for Detention Services 14. Conflict of Interest. The elected and appointed officials and employees of both parties shall not have any personal interest,, direct or indirect, which gives rise to a conflict of interest. 15. Time. Time is of the essence of this Agreement. 16. Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by the waiving party. Any express or implied waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act., occurrence or omission. 17. Dispute Resolution.. Disputes shall be mediated by the parties. In the event no resolution is achieved, each party shall be free to pursue any and all remedies in law or in equity. Each party shall bear its own costs and fees, including attorneys' fees regardle ss,of whether any party is deemed the prevailing party -in any proceeding. 18. Governing Law. This Agreement shall be governed exclusively by the laws of the State of Washington. 19. Construction of Agreement. This Agreement shall not be construed more strictly against one party as the drafter, because both Chelan County and Grant County have contributed materially to the preparation hereof. 20. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail,, postage prepaid, certified mail, return -receipt requested, addressed to the person at the address set forth below the party's name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: GRANT*COUNTY CHELAN COUNTY Suhail Palacios Corey G. Stephens Juvenile Court Administrator Juvenile Court Administrator 303 Abel Road., Ephrata, WA 98823 316 Washington St., Suite 202; Wenatchee., WA 98801 21. Severability. If any section or portion of this Agreement is determined to be unlawful by a . competent court of law, such determination shall not affect the remaining terms and conditions of the Agreement. 22. Modification of Agreement. This Agreement may be amended by written agreement of the duly authorized representatives of each party. 6 Agreement between Grant and Chelan Counties for Detention Services 23. Entire Agreement. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. 24. Filing of Agreement. Grant County shall file this Agreement with the Grant County Auditor. Chelan County shall file this Agreement with the Chelan County Auditor. This Agreement shall not become effective until both parties have so filed the Agreement. APPROVED AND ADOPTED this r2t day Of M0VUwcbt-, 2024. BOARD OF COUNTY COMMISSIO ERS G__R4NT COUNTY, W S NGTON Cindy Carter, Ch it ATTEST- -KBarbara Vasquez, Clerk of the Board Danny Sto r,Vice-Chair Rob ones, ember APPROVED AS TO FORM: Grant Count rosecuting Attorney 7 Agreement between Grant and Chelan Counties for Detention Services APPROVED AND ADOPTED this T day oNjt &&r', 2024. BOARD OF COUNTY COMMISSIONERS CHELA.N COUNTY, WASHINGTON Kevin Overbay, Chair Shon Smith, Commissioner Tiffany Gering, Commissioner ATTEST* APP OVE S TO OR Chelan unty Superior Court Judge h n County Prosec ting Attorney 8 Agreement between Grant and Chelan Counties for Detention Services