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HomeMy WebLinkAboutAgreements/Contracts - Juvenile?Ve ewaao cat Vaa & fernpod&a aw e*Aaoewd and epWa �n a A&j, a pc 'rw, GRANT COUNTY JUVENJILE COURT & YOUTH SERVICES P.O. Box 818130;3 Abel Road, Ephrata, WA 98823phone (509) 754-5690 1 eFax 1-509-754-5797 Suhad g aado6, a dmhtbtwtu Scat Man, Yuuenie Swadow Atanaget J eppen J eteJuuccaCC, Office December 27, 2022 Board of Grant County Commissioners PG 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 Term of Contract: March 1, 2023 through December 31, 2025 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. Thank you, Suhail Palacios, Juvenile Court Administrator Grant County Juvenile Court & Youth Services M&&,a4 a dew aun o~waeo buy w&c&f ..m a* a, Awma r&f , a&& "Po, .. , "d A"atw d4oge �n , at -1 dle clad aria fern pmdew, INTERLOCAL AGREEMENT ("AGREEMENT" BETWEEN GRANT COUNTY AND CHELAN COUNTY FOR JUVENILE DETENTION SERVICES 1. Parties. The parties tothis Agreement are Grant County, bvand through the: n.Grant County Board ofCommissioners, Room 2OO 35CStreet NW.,Ephrata, WA9D@23 b.Grant County Juvenile Court and Youth Services, 3O3Abel Road, Ephrata, VVA888Z3, c. Grant County Superior Court, 35 C Street NW, Ephrata, WA 98823, and Chelan County, bvand 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 and maintains the Chelan County Juvenile Center ("Center"), located at 300Washington St., Wenatchee, WA, S8801.Grant County believes it is|nthe best interests of Grant County and Chelan County for Chelan County to provide detention services to Grant County through the Center. R��.34.080authorizes one ormore 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 CountyuhoUprovde]uveni\edetentionsemiceafor]uvenUesunderthejud*diotionofGrantCounty Juvenile Court, a department of Grant County Superior Court. 5. Definitions. a. Detention, For purposes of this Agreement, the term "detention" means that period of time when ajuvenile bwithin the physical custody ofaChelan 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 ofthis Agreement, the term luvenUe"means aperson age l7years 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 aged 17 and under who are subject to the jurisdiction of adult court, either Superior or District. For the purposed ofthis Agreement, the term "imeans juveniles who are subject to the jurisdiction of the Juvenile Department of Grant County Superior Court and arrested for onew offense orwarrant, orserving court-ordered confinement. Italso means those |ncustody pursuant toadult court jurisdiction. d. ADP. For purposes of this Agreement, the term "ADP" means the average daily population of Grant County's in -custody juveniles. The ADP constitutes the average number of juvenile admissions generated -from January 11t through December 3111 of each calendar year. Agreement between Grunt and Chelan Counties for detention services, December z2,znz Page 1mo 6. Duties of the Parties. a. Duties of Chelan Co , Chelan County agrees bo provide detention services tojuveniles who are subject to the jurisdiction of the Juvenile Department of Grant County Superior Court and arrested for anew offense or warrant, or serving court-ordered confinement. Unless agreed otherwise, transportation toand from Grant County shall beprovided by Chelan County. Chelan County shall put forth agood faith effort to arrive at Grant County within two hours from the time of the initial request for transport bvGrant County. Chelan County Juvenile shall provide for all transportation requirements ofany juvenile being transferred to and from the Center pursuant to this Agreement, shall be solely 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 to accept such juvenile. \fbail isposted after 3 p.m. during weekdays or anytime on weekends it is the responsibility of the juvenile's parent, guardian, or responsible adult designated by the juvenile's parent or guardian to pick the juvenile up at the Center. Chelan County agrees toprovide medical care, including sick call and routine follow upcare as provided bvthe Chelan County joint jail/juvenile medical services program, tothe same extent and under the same terms that such services are currently provided to all other youth housed at the Center. Grant County shall be fully responsible for the cost of necessary or emergent medical care that mustbe provided outside the Center. Said cost shall include but not necessarily belimited tocare providers or services beyond the capabilities of the Chelan County jail/juvenile medical program. For purposes of this subsection, the term "necessary" refers to medical care that is recommended by staff of the jail/detention medical program and that cannot reasonably be delayed until such time as the youth is released from the Center. Chelan County shall also provide detention school services pursuant to applicable Chelan County detention school policies to the same extent and under the same terms that such services are currently provided to all other youth housed at the Center. Chelan County reserves the right to refuse admittance of any juvenile subject to the jurisdiction of the Juvenile Department of Grant County Superior Court for failure to meet the criteria for detention as stated |nRCW13.4OO40 and other applicable law, orany other reason which would, if ignored, result in a violation of law, or would violate Chelan County policy on admission of youth with emergent medical conditions. b. Duties of Grant Co , 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 of all detained juveniles transferred and/or brought to the Center by a Chelan Cou nty Juvenile Department agent, employee orofficer. Grant County shall besolely responsible for the detention needs and compliance with court orders for any and all juveniles who are refused admittance into Chelan County custody for any reason. Grant County shall besolely responsible for any omission oforinaccurate information which occurs in any instance pertaining to a juvenile transferred and/or brought to the Center. 7. Duration. The term of this Agreement initially commences onMarch 1, 2023, and shall continue through December 31, 2025, unless terminated pursuant to the provisions of this agreement. Agreement between Grant and Chelan Counties for detention services. December 22, 2022 Page zms 8. Termination. Either party may terminate this Agreement, without cause by providing written notice to the other party no less than 180'days|nadvance of the date of intended termination. No termination of this Agreement shall release either party from any liability orobligation with respect to any matter occurring prior tosuch termination- Any and all terminations shall be deemed termination for convenience. 9. Pament to Chelan C a. Annual Rate of Incarceration. Chelan County agrees toaccept and house juveniles inthe Center who are subject to the jurisdiction of the Juvenile Department and arrested for a new offense or warrant, or serving court-ordered confinement for annual compensation based upon the cost to Chelan County and based upon Grant County's annual rate of incarceration. b. Rate Schedule. 2023 Rate: Rate isbased onanestimated ADP of 4.4 at the daily rate �$165.00. The minimum mandatory total bill for 2O23shall be$221/3Ol.66. Any detention bed usage over anannual ADP of 4.4 for the period of March 1, 2023 through December 31, 2023 will be billed separately at $165 per day. 2324 Rate: Rate is based on an estimated ADP of 4.4 at the daily rate of $173.25 ($165.00 plus 596facility fee — see 9.b). The minimum mandatory bill for 2O24shall be$27O,2395O. Any detention bed usage over anannual ADP of4.4for the period mfJanuary 1,2-D24through December 3l,2O24will bebilled separately at$173.25per day. 2025 Rate: Rate is based on an estimated ADP nf4.4atthe daily rate of $181.91 ($173.25 plus 5y6facility fee — see B.b.). The minimum mandatory bill for 2O2Sshall be$292,I47.46. 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$1Ql.9l per day. . c._Facility 1Fee, The rate of $165.00 as a whole is automatically increased by 5% annually each subsequent year this contract is in effect, beginning January 1.. 2024 and January 111 of each subsequent year the contract ioineffect. Expenses.d. Medical Grant County shall reimburse Chelan County for the cost ofemergency and non -routine medical services, asdefined inSection G(a)above. Billing,e. Quarteriv Chelan County shall submit abilling toGrant County atthe end ofeach quarter for the entire amount incurred during that period. Grant County shall remit payment toChelan County within 2Ucalendar days. f. Reconciliation Billing. Any detention bed usage over anannual ADP of4.4will becalculated by January 15 Ih following the previous contract year and will be billed separately at $165 per day for the period of March 1, 2023 through December 31, 2023, $173.25 per day for the period of January 1, 2024 through December 31, 2024, $181.91 per day for the period of January 1, 2025 through December 3l,2O25. Reconciliation billing will becompleted byFebruary l5 m ofeach year for the previous contract year. Grant County shall remit payment to Chelan County within 20 days of receipt ofthe reconciliation billing. Agreement between Grant and Chelan Counties for detention services. December z2,002z Page aor6 gDetention Log. Chelan County shall provide Grant County with a detention log at the time of billing, in order for Grant County to properly account for Grant County -contracted juveniles' confinement served in the Center. h. Due Date. Grant County shall pay Chelan County within twenty 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. 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 regardless 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. Agreement between Grant and Chelan Counties for detention services. December 22, 2022 Page 4 of 6 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 Suhail Palacios Juvenile Court Administrator 303 Abel Road, Ephrata, WA 98823 CHELAN COUNTY Corey G. Stephens Juvenile Court Administrator 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. 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 akday of 2023. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON es, Chair A C1 dy Ca r, Vice -Chair Danny E(Stone., Member ATTEST: O B ®r ara Vasquez, Qlee V(�A/f th oard Agreement between Grant and Chelan Counties for detention services. December 22, 2022 Page 5 of 6