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HomeMy WebLinkAbout5.551 Original Contract . .. 5. 551 e INTERAGENCY AGREEMENT Washington Association of Sheriffs and Police Chiefs and City of Port Angeles Washington Table of Contents TERMS OF AGREEMENT 1 1 Parties Involved 1 2 Purpose of Agreement 1 3 Penod of Performance 1 4 Monltonng Equipment 1 5 Compensation SCOPE 2.1 Purpose and Intent 2.2 Program Application 2 3 Offender Eligibility Requirements 2 4 Types of Services STATEMENT OF WORK 3.1 Offender Selection 3.2 Offender Enrollment 3 3 Offender Program Completlon/Non-Compllance/Escape 3 4 Offender Case Files 3.5 Drug Testing 3 6 Billing Procedures LOSS AND DAMAGE OF MONITORING EQUIPMENT LIABILITY DISCLAIMER EXECUTION EXHIBITS A, B, C Interagency Agreement Washrngton ASSOCIatIOn ofShenffs and Police Ouefs and CIty of Port AngeJes Washmgton 2 TERMS OF AGREEMENT: 1.1 Parties Involved: City of Port Angeles Washington enters into an agreement with the Washington Association of Sheriffs and Police Chiefs (WASPC) for the purpose of operating an Electronic Home Detention (EHD), and Day Reporting Program for offenders under jurisdiction of The City of Port Angeles. 1.2 Purpose of Aqreement: The purpose of this agreement is to outline the provisions of an Electronic Home Detention, and Day Reporting Program and define each party's obligation. 1.3 Period of Performance: The term of this agreement shall commence upon execution of this Agreement by both parties. This Agreement may be terminated by mutual agreement between both parties hereto or by a 60 day written notice by either party. In the event of any termination of this Agreement, both parties agree that this Agreement will remain in full force and effect on individual offenders until such time as the monitoring term of an offender has been completed or 90 days after the effective date of termination of this Agreement. This Agreement, its terms, conditions and authorized amendments will be renewed automatically for succeeding periods of one year on the anniversary date of its original effective date unless there is mutual agreement to terminate the agreement or a 60 day written notice has been provided by either party of intent to terminate. 1.4 Monitorinq Equipment For Electronic Home Detention: Under the terms of this Agreement, WASPC shall utilize electronic monitoring equipment that shall consist of the latest technology available to WASPC including RF curfew monitoring, Breath Alcohol Testing and Passive GPS offender monitoring equipment. 1.5 Compensation: The City of Port Angeles agrees to compensate WASPC for the Electronic Home Monitoring, and Day Reporting Program services in accordance with the Pricing Schedule attached hereto as Exhibit A. Under the terms of this agreement, WASPC agrees to make commercially reasonable efforts to collect the full service fee for each of these programs from the offender based upon that offender's ability to pay. Indigence or partial indigence may be determined by The City of Port Angeles. If The City of Port Angeles does not indicate indigence, WASPC will evaluate an offender's ability to pay utilizing the Fee Assessment Sliding Scale attached hereto as Exhibit B. Interagency Agreement Washmgton ASSOCiatIOn ofShenffs and Police Chiefs and City of Port Angeles Washmgton 3 The City of Port Angeles agrees to pay a portion of or the entire fee up to the maximum agency fee for an offender determined to be indigent or partially indigent. Indigence or partial indigence is defined as the offender's ability to pay based on income and other financial commitments. Once a daily fee has been determined, the offender will sign the Enrollment Agreement. If an offender fails to pay the assessed fees after signing the agreement, the offender may be terminated from the program by the WASPC Case Manager, referred back to The City of Port Angeles, and/or the remaining balance owed will be forwarded to a collection agency. SCOPE: 2.1 Purpose and Intent: The Electronic Home Detention, and Day Reporting Programs are meant to maximize limited resources reduce jail overcrowding and cost to the taxpayer and allow offenders to remain integrated within the community while mitigating risk to public safety. A complete Scope of Services to be accomplished by the Case Manager for each program is attached hereto as Exhibit C. 2.2 Proqram Application: The application of EHD, or Day Reporting shall be applied to offenders under the jurisdiction of The City of Port Angeles. Specific length of time/sentence shall be imposed for each offender by The City of Port Angeles. The City of Port Angeles shall instruct the offender to report to the WASPC Full Service Office by the next working day and shall impose a timely date that the sentence shall be completed. The City of Port Angeles will notify the WASPC Full Service office in a timely manner of all offenders that are ordered into any of the aforementioned programs. WASPC will notify The City of Port Angeles if an offender fails to report as instructed and if/when an offender completes or fails to complete a sentence. 2.3 Offender Eliqibilitv ReQuirements: Offender eligibility for any of these programs is not determined by WASPC. The City of Port Angeles shall establish offender eligibility criteria for placement on EHD, or Day Reporting. Selection and screening of offenders to participate in these programs is the responsibility of The City of Port Angeles. Eligibility consideration for EHD should include but is not limited to the offender having a residence, electrical power, and a telephone. Eligibility to participate in the and/or the Daily Reporting Program should include but is not limited to ability to perform certain tasks and have transportation either private or public to report to the Day Reporting CenterlWASPC Full Service Office. Sex offenders may be Interagency Agreement Washmgton ASSocIatIOn of Shenffs and PolIce DJlefs and CIty of Port Angeles Washmgton 4 placed on EM or Day Reporting if screened and selected by The City of Port Angeles. 2.4 Tvpes of Services: WASPC will provide Full Service Case Management for Electronic Home Detention. WASPC will utilize a variety of monitoring equipment including RF monitoring (curfew); RF monitoring used in conjunction with video BAC testing equipment; video BAC testing equipment used as stand-alone; and Passive GPS monitoring equipment. Unless specified in The City of Port Angeles Judgment and Sentence WASPC will place offenders on RF monitoring. The City of Port Angeles shall determine whether further monitoring requirements such as BAC testing or Passive GPS are necessary based upon The City of Port Angeles screening of the offender's criminal history and/or perceived risk to the community. WASPC will provide Full Service Case Management for Day Reporting to be used as a means of increased supervision of offenders ordered by The Department to report each working day to the WASPC Full Service Office to report work status; or submit to a random BAC or urinalysis test. This program may be utilized as a pre-trial or post-trial program. STATEMENT OF WORK: 3.1 Offender Selection: The City of Port Angeles shall be exclusively responsible for decisions regarding the selection, screening, and referral of all offenders placed in these programs. 3.2 Offender Enrollment: When an offender is ordered by The City of Port Angeles to report to the WASPC Full Service Case Manager for EM, or Day Reporting the Full Service Case Manager shall: a. Interview the offender to review program requirements, including ability to pay the required fee. WASPC Full Service Case Managers shall retain the authority to refuse an offender and instruct that offender to return to court the next available court day. The City of Port Angeles will be notified by WASPC. b. Assist the offender with completion of the Enrollment Agreement. c. Review the requirements of the program that they are being placed in. d. Collect and receipt all program fees. e. Install EM monitoring equipment if required. Interagency Agreement Washmgton AssociatIOn of Shenffs and PolIce Chiefs and City of Port Angeles Washmgton 5 f. Notify The City of Port Angeles when an offender has been successfully enrolled. 3.3 Offender Proqram Completion/Non-Compliance/Escape: Once an offender is successfully enrolled in a program, the WASPC Full Service Case Manager shall manage the offender pursuant to guidelines established for each program. If/when an offender completes a sentence the Full Service Case Manager will provide The City of Port Angeles with official document notification. The Full Service Case Manager will have the authority to correct minimal non- compliance issues by providing verbal or written guidance to correct the offender's behavior. The WASPC Full Service Case Manager will document the offender's official file and is not required to; but may, notify The City of Port Angeles. If an offender fails to correct the behavior the Full Service Case Manager may remove the offender from a program and instruct the offender to immediately report to the sentencing court. The Full Service Case Manager will again document the offender's official file and promptly notify The City of Port Angeles and the sentencing court with official documentation of non-compliance. If an offender is placed on Electronic Home Detention it is considered by statute to be partial confinement. If an offender escapes from Electronic Home Detention the Full Service Case Manager will immediately notify The City of Port Angeles. 3.4 Offender Case Files: WASPC shall maintain offender case information in both electronic and hardcopy form per WASPC policy. WASPC shall maintain a file that outlines fee payment, enrollment forms, equipment installation if required, compliance and non- compliance data and equipment removal forms if required, and completion notification forms. These files are the property of WASPC, but will be provided and/or made accessible to The City of Port Angeles when requested in writing. Each file will be archived by WASPC per statutory requirement. 3.5 Druq Testinq: When requested through The City of Port Angeles Judgment and Sentence the WASPC Full Service Case Manager will conduct random urinalysis drug screening of offenders. WASPC will provide this drug screen at an additional cost indicated on the Pricing Schedule attached hereto as Exhibit A. Interagency Agreement Washmgton ASSOCiation ofShenffs and Police Chiefs and City of Port Angeles Washmgton 6 3.6 Billinq Procedures: The Full Service Case Manager will attempt to collect as much of the program fee as commercially reasonable from the offender. The portion of the fee not collected from the offender shall be billed to The City of Port Angeles on a monthly basis. WASPC shall comply with state auditor guidelines while conducting transactions with offenders In addition to summary information, the billing statement to The City of Port Angeles shall include: a. List of each offender enrolled in the program during a billing period. b. Total number of days an offender was monitored (if on EHD) or days reported to Day Reporting. c. Total amount owed by the offender in fees for the billing period. d. Total amount of fees collected from the offender for the billing period. e. Remaining balance to be paid by The City of Port Angeles for each offender for the billing period. Monthly billing statements shall be submitted by WASPC to The City of Port Angeles for services rendered. The monthly billing total shall be reduced by the total amount of monies collected by WASPC from the offender. The City of Port Angeles shall report any discrepancies to WASPC within 15 days of receipt of the statement. The City of Port Angeles shall remit the balance owed within 30 days of receipt of the monthly billing statement. The total amount due for each offender shall not exceed the agreed to agency fee as indicated on the Pricing Schedule attached hereto as Exhibit A. If an offender is partially indigent, the sliding scale attached hereto as Exhibit B will be used to determine the daily amount the offender will be required to pay for fees. LOSS AND DAMAGE OF MONITORING EQUIPMENT: The City of Port Angeles shall be liable for loss or damage of monitoring equipment utilized for the Electronic Home Detention Program that is installed for an offender under the jurisdiction of The City of Port Angeles. The cost of replacement or repair due to offender negligence will be the actual WASPC cost of replacement of the equipment or the actual cost of repair, which ever is less. In no event shall the cost to The City of Port Angeles exceed those set forth in the Pricing Schedule attached hereto as Exhibit A. In the event that monitoring equipment is lost or stolen, The City of Port Angeles will have 15 days from the date of notification of loss to locate and return the equipment before billing takes place. If the equipment is subsequently recovered within six-months Interagency Agreement Washmgton ASSOCIatIOn of Shenffs and Pohce Chiefs and City of Port Angeles Washmgton 7 and is in working condition, The City of Port Angeles will be refunded the replacement cost. LIABILITY DISCLAIMER: WASPC is not responsible for, and makes no implied or express warranty regarding the conduct of an offender while participating in any of the aforementioned programs. WASPC duties and responsibilities are limited to the case management and services outlined in this agreement. WASPC neither warrants nor represents that these programs will deter or cease an offender from re-offending or causing damage to person or property. An offender's eligibility for these programs is not determined by WASPC. INDEMNIFICATION AND HOLD HARMLESS: The City of Port Angeles shall protect, defend, indemnify, and save harmless WASPC, its officers, employees, and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of The City of Port Angeles, its officers, employees and agents. WASPC shall protect, defend, indemnify, and save harmless The City of Port Angeles, its officers, and employees from any and all costs, claims, judgments or awards of damages arising out of or in any way resulting from the negligent acts or omissions of WASPC, its officers or employees in performing this Agreement. SEVERABILITY: It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the Courts to be illegal or unenforceable the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. ENTIRE AGREEMENT, WAIVER: This Agreement, together with attachments hereto, and other documents or instruments executed by WASPC and The City of Port Angeles in connection herewith, shall constitute the entire agreement between the parties. This Agreement shall not be modified, amended, altered or changed except with written consent of The City of Port Angeles and WAS PC. The waiver by WASPC of any breach by The City of Port Angeles of any term covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. Interagency Agreement Washmgton ASSOCIatIOn of Shenffs and Pohce ChIefs and CIty of Port Angeles Washmgton 8 GOVERNING LAW AND VENUE: This Agreement shall be construed in accordance with, and governed by the laws of the State of Washington. Venue for any action shall be in the Superior Court of Thurston County, Washington. The prevailing party in any action to enforce the rights or obligation expressed herein shall be awarded reasonable attorneys fees and costs. EXECUTION: We the undersigned, agree to the terms of the foregoing Agreement. This Agreement may be waived, changed or amended only by written agreement of both parties: DATED: t -;2-j-C?7 SIGNED: /17~1: ~ Mark E. Madsen, City Manager Authorized Representative ATTEST' bo ~ ~ lJlJtnA Becky J. Up ,C Clerk , Authorized Representative DATED: "/~~ [0-, SIGNED: ~~ Donald G. Pierce, Executive Director Washington Association of Sheriffs and Police Chiefs Michael E. McAleenan Approved As To Form Smith Alling & Lane Interagency Agreement Washmgton AssocIatIOn of Shenffs and Police Chiefs and CIty of Port Angeles Washmgton 9 EXHIBIT A PRICING SCHEDULE Offenders assigned to the W ASPC Full Service Electronic Home Detention Program will be assessed a daily fee depending on monitoring requirements and ability to pay. Current maximum charge to the offender is: BI 9000/HomeGuard 200 RF Monitorine: - $15.00 per day BI 9000/HomeGuard 200 RF Monitorine:NICAP Breath Alcohol Testine: - $18.00 per day Pro-Tech Passive GPS - $15.00 per day Pro-Tech Passive GPSNICAP Breath Alcohol Testine: - $18.00 per day VI CAP Breath Alcohol Testine: Stand-alone - $12.00 per day Urinalysis - $ 10.00 per test Ae:encv Monitorine: Rate * (applies when the offender is totally indie:ent and the Ae:encv still desires that the offender be placed on EHM as an option to jail. >- BI 9000/HomeGuard 200 RF Monitoring - $12.00 per day >- BI 9000/HomeGuard 200 RF MonitoringNICAP Breath Alcohol Testing - $15.00 per day >- Pro-Tech Passive GPS - $12.00 per day >- Pro-Tech Passive GPSNICAP Breath Alcohol Testing - $15.00 per day >- VI CAP Breath Alcohol Testing Stand-alone- $10.00 per day >- Urinalysis - $8.00 per test COST OF LOST OR DAMAGED EQUIPMENT BI 9010 Transmitter - $550.00 BI 9000 Receiver (FMD) - $850.00 BI Power Cord - $35.00 VICAP Camera - $700.00 VICAP BAT/PAL - $525.00 VICAP Power Cord - $50.00 Pro Tech GPS Transmitter/Bracelet - $350.00 Pro Tech GPS Receiver (MTD) - $1,300.00 Pro Tech GPS Charging Stand - $350.00 BI HomeGuard Transmitter - $600.00 BI HomeGuard Receiver - $1,100.00 * The Agency retains control and can avoid any costs by not putting indigent offenders on the program. Attachment to Interagency Agreement Washmgton AssocIatIOn ofShenffs & Police ChIefs and City of Port Angeles Washmgton Offenders assigned to the Day Reporting Program will be assessed a fee depending on program requirements. Day Reporting: Offender rate - Each offender will be assessed an enrollment fee of $25.00 and a daily reporting fee of $5.00 per day for each day they report to the W ASPC Full Service Office. This amount will cover a brief interview by the Full Service Case Manager as to the offender's daily activity and a random BAC test. If a random UA is required the offender will be required to pay an additional $10.00 fee. Agency rate - Totally Indigent: If the offender is determined to be totally indigent, the offender will be assessed the agency rate which will include a enrollment fee of $10.00 and a daily reporting fee of $5.00 per day for each day they report to the W ASPC Full Service Office. This amount will cover a brief interview by the Full Service Case Manager as to the offender's daily activity and a random BAC test. If a random UA is required the offender will be required to pay an additional $8.00 fee. The City will be billed for this offender. Agency rate - Partially Indigent: If the offender is determined to be partially indigent, the offender will be assessed the portion of the offender rate they are capable of paying and the agency will be billed for the remaining amount, not to exceed the agency rate for totally indigent offenders. The smallest denomination of payment accepted from the offender will be $1.00. The total amount charged including fees received from the offender and the amount billed to The City, will not exceed the offender rate. Attachment to Interagency Agreement Washmgton ASSOCIatIon ofShenffs & Poltce Clnefs and City of Port Angeles Washmgton EXHIBIT B FEE ASSESSMENT SLIDING SCALE W ASPC is responsible for fee assessment and collection from the offender. W ASPC staff will set a minimum daily base fee per the Pricing Schedule, (Attachment) per day, per unit, for each day monitoring is conducted. In the event the offender is not employed, or the Full Service EHM Fee Assessment Form indicates the inability to pay the daily base fee, the following Sliding Scale will be used as a reference to determine and assess daily fees. The City will pay the difference between what the offender can pay and the daily base fee, up to the Agency Rate per the Pricing Schedule. 152 1681. ~ 1%1)841.00 200"~ 61.00 " 2320.00 21.00, 2480.00 "'-':., 2481.00 2640.00 2641.0]\, 2800.00 1.05'1 2960.00 3120.00 00,,<, 'fJ8i .' 3280.00 ~~. 20.0~ *,>'-'- '- 3440.00 .., 2tJI0 '. 3600.00 22foo &~- 'Wp. 1.00 3760.00 '23'00 w '". << " ~.OO 3920.00 .4.00_, ' ,\ ",'; ~ ,/~ 392hOO 4080.00 ;j;, 25.0)( " '11}}0' :II 4081.00 " 4240.00 .00 . .4241_ Y'''' .~ 4400.00 401 00" Wp., 4560.00 4720.00 4880.00 5040.00 5200.00 5360.00 Attachment to Interagency Agreement Washmgton ASSOCiatIOn of Shenffs and Poltce Chiefs and City of Port Angeles Washmgton EXHIBIT C SCOPE OF SERVICES W ASPC Case Managers are tasked with insuring that the offender complies with court requirements and completes his/her sentence on EHM; or Day Reporting successfully. The following are steps required to accomplish that task: . Offender orientation and fee assessment, includes completion of the enrollment application and enrollment agreement . Assessing what equipment (EHM), or time to report (Day Reporting) is best to properly monitor the offender . Explaining the program to the offender and family members . Insuring the offender has what is needed to be enrolled i.e. residence, electrical power, phone for EHM and Day Reporting, and transportation public/private to properly report for Day Reporting . Establish a curfew schedule, report time in accordance with work, school or appointment schedule . Make schedule changes as appropriate . Install the equipment for EHM and insure it is operating and monitoring properly . Upgrade or change equipment that is malfunctioning . Notify the court of enrollment in one of the programs . Verify daily activity and compliance/non-compliance . Randomly administer BAC (in person or electronically) or Urinalysis tests as required . Establish and maintain both hard copy and electronic copy of documents pertaining to each offender . Establish and maintain financial files both hard copy and electronic copy for each offender . Provide each offender with receipts for all financial transactions and insure they understand their payment requirements . Testify in court and provide needed documentation pertaining to the offender in question . Upon successful completion or non-compliance of one of the programs; remove and recover equipment as needed. . Notify the court of completion or non-compliance . Work with the Court; Port Angeles Police Department; City Prosecutor and defense council to insure offender compliance . Continue to maintain liaison with the Law and Justice Council to insure W ASPC North Sound Full Service Office is in touch with County needs for Correctional Options Services Attachment to Interagency Agreement Washmgton ASSOCiatIOn of Shenffs & Police ChIefs and City of Port Angeles Washmgton