HomeMy WebLinkAboutSkokomish Indian TribeAG E ENT FOR DETENTION OF
JUVENILES UNDE THE JU S p ICTION OF
T "E S!1= IS 1: EPARTMENT F PUBLIC SAFETY
IN THE ASON COUNTY JENILE DETENTION CENTE
THIS AGREEMENT is between the SKOKOMISH DEPARTMENT OF PUBLIC SAFETY, a
department within the Skokomish Indian Tribe a federally recognized Indian tribe, and MASON
COUNTY, a political sub -division of the State of Washington, and is authorized by Revised Code
of Washington (RCW) 39.34 and 13.
A. PURPOSE•
The purpose of this agreement is to permit juveniles under the jurisdiction of the
SKOKOMISH DEPARTMENT OF PUBLIC SAFETY to be housed at the MASON
COUNTY Juvenile Detention Center, located at 317 N. 5" Street, Shelton, Washington.
B. DEFINITION OF JUVENILE:
For the purpose of this agreement, "Juvenile" shall mean a youth ages twelve (12) through
seventeen (17).
C. RESTRICTIONS:
1. MASON COUNTY reserves the right to refuse to accept any juvenile under the
jurisdiction of the SKOKOMISH DEPARTMENT OF PUBLIC SAFETY if in the
opinion of the MASON COUNTY Juvenile Detention Manager or his/her designee, it
would not be in the best interest of MASON COUNTY due to overcrowding,
anticipated overcrowding or other negative impact on the MASON COUNTY Juvenile
Detention Center.
2. If the population of the detention center is such that it necessitates reduction, the
SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall remove all juveniles
detained on a space available basis as requested within twenty-four (24) hours after
notice received by telephone that such a reduction is necessary
D. DOCUMENTATION/REQUIREMENTS FOR DETENTION:
1. The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall contact the MASON
COUNTY Juvenile Detention Center by telephone prior to bringing any juvenile to be
detained pursuant to this agreement and provide the information needed to complete a
` Request for Detention" form, and any juvenile detained pursuant to this agreement
must be accompanied by an arrest report/booking sheet signed by the SKOKOMISH
DEPARTMENT OF PUBLIC SAFETY or designee or attached to a signed order to
detain by the Skokomish Tribal Court.
AGREEMENT FOR DETENTION BETWEEN SKOKOMISH DEPT OF PUBLIC SAFETY AND MASON COUNTY
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2. The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall provide to MASON
COUNTY any medical information it has describing a juvenile s known or existing
medical condition at the time the juvenile was taken into custody. The SKOKOMISH
DEPARTMENT OF PUBLIC SAFETY shall also provide any on -going prescription
medication needed to control the medical condition If at all possible, the medication
will be provided to MASON COUNTY in an individually bubble -wrapped package.
3. Personal information collected, used, or acquired in connection with this Agreement
shall be used solely for the purposes of this Agreement MASON COUNTY agrees not
to release, divulge, publish, transfer, sell, or otherwise make known personal
information without the express written consent of the SKOKOMISH DEPARTMENT
OF PUBLIC SAFETY or as provided by law.
4. "Personal Information" shall mean information identifiable to any person, including,
but not limited to, information that relates to a person's name, health, finances,
education, business, use or receipt of governmental services, or other activities,
addresses, telephone numbers, social security numbers, driver's license numbers, other
identifying numbers, or any fmancial identifiers. Personal Information includes
"Protected Health Information" as set forth in 45 CFR § 160.103 as currently drafted
and subsequently amended or revised and other information that may be exempt from
disclosure to the public or other unauthorized persons under either Chapter 42.56 RCW,
42 USC § § 1320 et seq., 42 CFR Part 2, Chapters 70.02, 70.24. 70.96A and 71 05 RCW
or other state and federal statutes and regulations governmg confidentiality or
disclosure.
E TRANSPORTATION:
1. The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall provide all
transportation requirements of any juvenile being transported to and from MASON
COUNTY Juvenile Detention Center pursuant to this agreement and shall hold and
save MASON COUNTY harmless from any and all liability resulting from such
transfer.
2. MASON COUNTY may provide transportation to and from local health providers for
medical treatment.
F. COMMUNICATIONS:
1. The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall maintain routine
contact with the MASON COUNTY Juvenile Detention Center regarding any and all
juveniles detained pursuant to this agreement and shall be responsive to any emergency
situation regarding said juveniles
The MASON COUNTY Juvenile Detention Center shall contact the SKOKOMISH
DEPARTMENT OF PUBLIC SAFETY in the event any unusual problems or issues
AGREEMENT FOR DETENTION BETWEEN SKOKOMISH DEPT OF PUBLIC SAFETY AND MASON COUNTY
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regarding a juvenile being detained pursuant to this Agreement arise and shall
immediately contact the SKOKOMISH DEPARTMENT OF PUBLIC SAFETY in the
event of any medical emergency relating to the juvenile being detained pursuant to this
Agreement.
G. DETENTION STANDARDS•
1. MASON COUNTY shall provide the SKOKOMISH DEPARTMENT OF PUBLIC
SAFETY with a copy of its Detention Intake Standards.
2. Any juvenile accepted by MASON COUNTY shall be placed in a standard detention
program unless the court order specifies otherwise.
H. COSTS PER BED•
1. Space Available Bases: the SKOKOMISH DEPARTMENT OF PUBLIC SAFETY will
pay $125.00 per calendar day, or any part thereof, for juveniles detained by MASON
COUNTY.
2. For the purposes of this agreement, a calendar day is from 0001 hours to 2400 hours.
3. The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall only be charged for
beds actually used to incarcerate juveniles
The costs identified in this clause shall be subject to amendment not less than sixty (60) days after
written notice to the SKOKOMISH DEPARTMENT OF PUBLIC SAFETY.
I. REIMBURSEMENT OF COSTS:
1. MASON COUNTY agrees to bill the SKOKOMISH DEPARTMENT OF PUBLIC
SAFETY on a monthly basis by the 15th of the following month for all services
pursuant to this agreement at the rate of $125.00 per day, per juvenile. All bills shall be
paid within thirty (30) days of billing.
J. MEDICAL COSTS:
1. MASON COUNTY shall provide sick call medical attention to the juveniles In
addition to the per bed rate, the SKOKOMISH DEPARTMENT OF PUBLIC SAFETY
shall be responsible for any and all medical costs incurred by MASON COUNTY for
the care of juveniles held under this agreement, including, but not limited to, any third
party transportation that may, in the judgment of MASON COUNTY, be reasonably
necessary to transport a juvenile to a health care center or hospital for treatment. If
reasonably possible, MASON COUNTY shall notify the SKOKOMISH
DEPARTMENT OF PUBLIC SAFETY in advance of incurring these extraordinary
medical costs.
AGREEMENT FOR DETENTION BETWEEN SKOKOMISH DEPT OF PUBLIC SAFETY AND MASON COUNTY
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K. HOLD HARMLESS AND LIMITED WAIVER OF SOVEREIGN IMMUNITY:
1. The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY agrees to indemnify and
hold MASON COUNTY harmless against all claims, demands and damages, liabilities
and costs, which directly result from any negligent act of the SKOKOMISH
DEPARTMENT OF PUBLIC SAFETY, its agents or employees, pertaining to the
activities and obligations of the SKOKOMISH DEPARTMENT OF PUBLIC SAFETY
under the Agreement.
2. MASON COUNTY agrees to indemnify and hold the SKOKOMISH DEPARTMENT
OF PUBLIC SAFETY harmless against all claims demands and damages, liabilities,
and costs that directly result from any negligent act of MASON COUNTY its agents,
or employees, pertaining to the activities and obligations of MASON COUNTY under
the Agreement
The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY waives sovereign
immunity to the extent necessary to indemnify or hold harmless MASON COUNTY
under the terms above, including any and all costs of defense. This limited waiver of
sovereign immunity is applicable only to MASON COUNTY under the terms of this
agreement, and is not applicable or assignable to any third -party.
L INSURANCE•
1. The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall maintain Commercial
General Liability coverage, applicable to claims arising out of this agreement subject
to limits of not less than $1,000 000 per loss and a $2,000,000 annual aggregate. If the
coverage is written as a claims made policy, then upon termination of contract the
parties must provide the other evidence of the purchase of an extended reporting period
or 'tail" coverage for a three-year period after the age of the last youngest "Juvenile's'
18th birthday.
2. The Commercial General Liability insurance of the SKOKOMISH DEPARTMENT OF
PUBLIC SAFETY shall include MASON COUNTY, its officers officials, employees,
and agents with respect to performance of services, and shall contain no special
limitations In the scope of protection afforded to MASON COUNTY as additional
msured, the SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall furnish
MASON COUNTY with evidence that the additional insured provision required above
has been met An acceptable form of evidence is the endorsement pages of the policy
showing MASON COUNTY as an additional insured. Coverage shall include
Employers Liability Coverage with a limit of not less than $1 million
3. The insurance limits mandated for any insurance coverage required by this Agreement
are not intended to be an indication of exposure nor are they limitations on
indemnification. The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall
maintain all required policies in force from the time services commence until services
AGREEMENT FOR DETENTION BETWEEN SKOKOMISH DEPT OF PUBLIC SAFETY AND MASON COUNTY
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are completed. Certificates, policies, and endorsements expiring before completion of
services shall be promptly replaced.
4. The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall place insurance with
insurers licensed to do business in the State of Washington and having A.M. Best
Company ratings of no less than A.
5. The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall furnish MASON
COUNTY with properly executed certificates of insurance or a signed policy
endorsement that clearly evidences all insurance required in this section prior to
commencement of services. Certificates of Insurance shall show the Certificate Holders
as the Skokomish Indian Tribe and Mason County and include c/o of Mason County
Juvenile Detention Center, 317 N. 5th Street, Shelton, WA 98584.
6. Written notice of cancellation or change shall be mailed to MASON COUNTY at the
following address:
Attn Risk Manager
411 N. 5th Street
Shelton, WA 98584
The SKOKOMISH DEPARTMENT OF PUBLIC SAFETY shall provide a copy of any
and all insurance policies specified in this Agreement upon the request of MASON
COUNTY.
M. CHANGES OR ADDITIONS:
1. No change or addition to this Agreement shall be valid or binding upon either party
unless such change or addition is in writing and executed by both parties.
N. NON -WAIVER OF RIGHTS:
1. The parties agree that the excuse or forgiveness of performance or waiver of any
provision of this Agreement does not constitute a waiver of such provision(s) or future
performance, or prejudice the right of the waiving party to enforce any of the provisions
of this Agreement at a later time.
O. DISPUTES•
1. Differences and disputes between the SKOKOMISH DEPARTMENT OF PUBLIC
SAFETY and MASON COUNTY, arising under and by virtue of this Agreement, shall
be brought to the attention of MASON COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken Any
dispute relating to the quality or acceptability of performance and/or compensation
shall be decided by MASON COUNTY'S Contract representative or designee. All
rulings, orders, instructions and decisions of MASON COUNTY'S contract
representative shall be final and conclusive subject to the SKOKOMISH
AGREEMENT FOR DETENTION BETWEEN SKOKOMISH DEPT OF PUBLIC SAFETY AND MASON COUNTY
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DEPARTMENT OF PUBLIC SAFETY'S right to seek judicial relief pursuant to
Section Q
CHOICE OF LAW, JURISDICTION, AND VENUE'
1. This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is agreed by each party hereto that this
Agreement shall be governed by the laws of the State of Washington, both as to its
interpretation and performance.
2. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement
shall be instituted and maintained only in any of the courts of competent jurisdiction in
Mason County, Washington.
Q. SEVERABILITY:
1. If a court of competent jurisdiction holds any part, term or provision of this Agreement
to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall
not be affected, and the parties' rights and obligations shall be construed and enforced
as if the Agreement did not contain the particular provision held to be invalid.
2. If any provision of this Agreement is in direct conflict with any statutory provision of
the State of Washington, the provision that may conflict shall be deemed inoperative
and null and void insofar as it may conflict, and shall be deemed modified to conform.
to such statutory provision.
3. Should MASON COUNTY determine that the severed portions substantially alter this
Agreement so that the original intent and purpose of the Agreement no longer exists,
MASON COUNTY may, in its sole discretion, terminate this Agreement.
R. EFFECTIVE DATE AND RENEWALS
This Agreement shall be effective on the date of signature of this document by the
parties.
2. The term of this Agreement shall be one year, commencing on the date of execution of
this Agreement, unless canceled by either party or modified by mutual agreement of the
parties. This Agreement will automatically extend for successive one-year periods upon
the same terms and conditions set forth herein.
3. This Agreement may be terminated by either party upon thirty (30) days' written notice
to the other party.
AGREEMENT FOR DETENTION BETWEEN SKOKOMISH DEPT OF PUBLIC SAFETY AND MASON COUNTY
Page 6 of 7
MASON COIF\
Tor -fill A. Sheldon
Juidpe, Juvenre
i
mTG e Lr Finlay
nhll d ge, m,ivenile Court
Y J U%K
ourt
\LiT4E couRT
Sett--611 -PI711
Date
•57- 9
Date
BOARD OF COUNTY COMMISSIONERS
477."LA este 00'2--
ll im Sheldon
CommRss oner, District #2
Ran ' y eatherlin
Com risskoner, District #1
reN.'o 7 ,
Terri Jeffr
Commissioner,)bisttict #3
SKOKOMISH DE " aARTME T OF PUBLIC SAFETY
Joseph Vukich Date
Chief of Police
•
Date
Date
512,81,f
Batt
AGREEMENT FOR DETENTION BETWEEN SKOKOMISH DEPT OF PUBLIC SAFETY AND MASON COUNTY
Page 7 of 7
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FAX (360) 877-5943
SKOKOMISH TRIBAL COUNCIL
RESOLUTION NO. 2014 - p the1
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Skokomish Nation, WA 98584
A RESOLUTION ON AUTHORIZING AN AGREEMENT WITH MASON COUNTY FOR .THE
PR O VISIO v OF JUVENILE DETENTION SERVICES WITH A
LIIIIITEB WAIVER OF SOVEREIGN IMMUNITY.
WHEREAS, the Skokomish Indian Tribe is a federally recognized Indian tribe organized under
its Constitution and by-laws first adopted on April 2, 1938, and approved by the Secretary of the
Interior May 3, 1938, amended January 15, 1980, as approved by the Secretary of the Interior
March 17, 1980; and
WHEREAS, the Skokomish Tribal Council is the governing body of the Skokomish Indian
Tribe, pursuant to Article IV, Section 1 of the Constitution of the Skokomish Indian Tribe; and
WHEREAS, the Skokomish Tribal Council, pursuant to the Constitution of the Skokomish
Indian Tribe, has the authority under Article V, Sections l (j), (m), and (o) to maintain order and
to protect the safety and welfare of all persons within the Skokomish Indian Tribe's jurisdiction,
and to provide for the enforcement of laws and ordinances of the Skokomish Indian Tribe; on
behalf of the Tribe to negotiate and contract with agencies and officers of local governments; and
to waive as permitted by Federal Law the sovereign immunity of the Skokomish Indian Tribe;
and
WHEREAS, the Skokomish Indian Tribe finds it in the Tribe's best interest to contract for the
provision of juvenile detention services in order to detain youths and enforce sentences pursuant
to the orders entered into by the Skokomish Tribal Court under Skokomish law; and
WHEREAS, negotiations for an agreement with Mason County Juvenile Detention Center for
the provision of such juvenile detention services have been completed, and a draft of the
Agreement is attached hereto; and
NOW, THEREFORE, BE IT RESOLVED that the Skokomish Tribal Council hereby
authorizes an agreement with Mason County for the provision of juvenile detention facilities
with a limited waiver of sovereign immunity under SLD Contract No. 2014-K-00059; and
BE IT FINALLY RESOLVED that the Skokomish Tribal Council authorizes Charles Miller,
Chairperson of the Skokomish Indian Tribe, or his designee, to sign and execute all necessary
documentation including SLD Contract No. 2014-K-00059.
SKOKOMISH INDIAN TRIBE: RESOLUTION NO. 2014 - 6
PF SF SLD-07000-RES (August 2013)
ott
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COPY
***CERTIFICATION***
I, Charles Miller, Chairperson of the Skokomish Tribal Council, do hereby certify that the
foregoing Resolution No. 2014 - b tD 1 , was adopted at a regular .meeting held on
Lai 30 6jLf , at which time a quorum was present with a vote of 7FOR, 0
AGAINST, 0 ABSTAINING.
ATTEST:
625z,/e45'2z?/4r>
Charles Miller, Chairperson Alex Gouley, Secretary
Skokomish Tribal Council
Skokomish Tribal Council
SKOKOMISH INDIAN TRIBE: RESOLUTION NO. 2014 - b (.49 I
PF SF SLD-07000-RES (August 2013)
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