HomeMy WebLinkAbout4.586 Original ContractAll costs of the Community Service Supervision Program will be assessed to the offender.
The CITY will not reimburse the CONTRACTOR for the costs of the Community Service
Supervision program.
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Second Amendment
To the Professional Service Contract
Between City of Port Angeles
and
Friendship Diveision Services
This amendment is entered into this J C
ay of \n NJz— 2010, by and between the City of
Port Angeles "City and Friendship Diversion Services "tntractor:
For and in consideration of the mutual benefits to be derived herefi the parties recite,
covenant, and agree as follows:
1. The parties entered into a Professional Service Contract for Electronic Home Monitoring and
Day Reporting on May 22, 2008. This Agreement was amended to include Diversion
Services on April 16, 2009. These Agreements are incorporated by this reference and may
hereafter be referred to as "The Agreements."
2. This Amendment to the Agreement is intended to extend the scope of service provided for in
the Agreement.
3. Paragraph 2 of the Agreement is amended to read as follows:
The CONTRACTOR shall provide Electronic Home Monitoring, Day Reporting, Pre
Filing Diversion Services and Community Service Supervision for the City. A detailed
description of the services is set forth in Attachment "C attached hereto and
incorporated by reference. The number of referrals to the CONTRACTOR for services
shall be at the sole discretion of the CITY.
4. Paragraph 5 of the Agreement is amended to add the following paragraph:
Additionally, Paragraph 5 of the agreement is amended as follows:
The Electronic Home Monitoring fee is determined by the CONTRACTOR after an interview
with the offender. The maximum daily fee for Electronic Home Monitoring is $17.50 per day
depending on the offender's resources. The CITY shall reimburse the CONTRACTOR up to
$12.00 for each day served or for a portion of the fee the offender is unable to pay with a
maximum daily fee to the CITY of $12.00. Offenders ordered to serve their time on ViCAP
are assessed a daily fee of $7.50. The CITY shall reimburse the CONTRACTOR up to $5.67
per day for ViCAP monitoring or for a portion of the fee the offender is unable to pay with a
maximum daily fee to the CITY at $5.67.
5. All other terms of the Agreement remain unchanged. All terms of the Agreement that apply
to Electronic Home Monitoring, Day Reporting, Pre File Diversion including but not limited
to, the Hold Harmless and Indemnification, Termination, and Insurance provisions shall
apply to the Community Service Supervision program.
6. As amended, the Agreement is ratified and confirmed.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Professional Service
Contract in duplicate.
CITY OF PORT ANGELES FRIENDSHIP DIVERSION SERVICES
BY
Kent Myers, City 1 er
DATE: W/6/
APPROVED AS TO FORM:
ATTEST:
William E. Bloor, City Attorney
b eislcy4.-Upon, City -Clerk
Janessa Hurd, City Clerk
BY:
Barbara Miller, Executive Director
DATE:
Scope of Work
Community Service Supervision
City of Port Angeles
REFERRALS:
Upon order of community service, City will provide Friendship Diversion with a copy of the Court Order
directing hours of community service to be performed and deadline. Friendship Diversion enters
information into their internal database system. Deadlines for completion and contacting this office are
noted. If a defendant fails to initiate contact to perform hours, a notice will be provided to the Court,
City Prosecutor and Defense Attorney advising same.
INTAKE
Once a defendant contacts Friendship Diversion, an intake appointment is scheduled. Statistical
information is gathered, explanation of expectations of performing community services, reporting hours
and fees assessed are all reviewed at this appointment. Defendants are provided a list of acceptable
community service sites for the City of Port Angeles cases, with directions for contacting those agencies.
Follow up reporting appointment is scheduled so participants can turn in timesheets and meet with
staff.
Fees assessed are as follows:
1 -50 hours..........$25
51 -100 hours.....$50
101 -200 hours..$100
201 -500 hours...$200
Payment arrangements are made with defendants based on an income assessment completed at intake.
REPORTING
Upon successful completion of community service hours, staff will verify with community service site
supervisors actually number of hours completed, satisfactory performance and overall quality of work
done.
Additionally, if defendants do not perform required hours, falsify timesheets, or fail to comply with
conditions of the program, notice will be provided to the Court, City Prosecutor and Defense Attorney.
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Amendment
To the Professional Service Contract
Between City of Port Angeles and
Friendship Diversion Services
This amendment is entered into this l.1.i!!uf ~; 0
and between the City of Port Angeles ("City") and Friendship Diversion Services
, 2009 by
("Contractor").
For and in consideration of the mutual benefits to be derived herefrom, the Parties
recite, covenant, and agree as follows:
1. The Parties entered into a Professional Service Contract for Electronic
Home Monitoring and Day Reporting on May 22, 2008. This Agreement is incorporated
by this reference and may hereafter be referred to as "The Agreement."
2. This Amendment to the Agreement is intended to extend the scope of
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services provided for iri the Agreement.
3. Paragraph 2 of the Agreement is amended to read as follows:
The CONTRACTOR shall provide Electronic Home Monitoring, Day
Reporting, and Pre-Filing Diversion services for the City. A detailed description of the
services is set forth in Attachments "A" and "B," attached hereto and incorporated by
reference. The number of referrals to the CONTRACTOR for services shall be at the
sole discretion of the CITY.
4. Paragraph 5 of the Agreement is amended to add the following paragraph:
As it is an optional program, all costs of the Pre-Filing Diversion program shall be
assessed to the offender. The CITY will not reimburse the CONTRACTOR for the costs
of the Pre-Filing Diversion program.
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5. All other terms of the Agreement remain unchanged. All terms of the
Agreement that apply to the Electronic Home Monitoring and Day Reporting, including,
but not limited to, the Hold Harmless and Indemnification, Termination, and Insurance
provisions shall apply to the Pre-Filing Diversion service.
6. As amended, the Agreement is ratified and confirmed.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Professional Services Contract in duplicate.
CITY OF PORT ANGELES
FRIENDSHIP DIVERSION SERVICES
BY:
BY~-~~~Clv-
Date:
y r :z1 { oCl
ATTEST:
.h"~~
Becky J. Upton, City lerk
G:\Legal_Backup\AGREEMENTS&CONTRACTS\2009 Agrmts&Contracts\Friendship Diversion Amendment 041309.doc
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PROFESSIONAL SERVICES CONTMCT
BETWEEN
THE CITY OF PORT ANGELES :
I
AND
FRIENDSHIP DIVERSION SERVICE;S
THIS AGREEMENT, made and entered into by and between the City of Port Angeles,
having offic.es for transaction of business at 321 East Fifth Street, Port Angeles, W A 98362
(here4-'1after "CITY"), and Friendship Diversion Services, having offices for the transaction of
business at 2401 Bristol Court SW, Suite D-1 02, OlYl~pia, W A 98502 01ereinafter
"CONTRACTOR"), jointly hereinafter referred to as the "Parties."
WHEREAS, pursuant to the provisions of Chapter 35ARCW, and Chapter 9.02 Port Angeles
. I
Municipal Code, the City of Port Angeles, a non-charter code city, has the authority to establish
alternative programs for incarceration of criminal offenders; and :
WHEREAS, Friendship Diversion Services, a public bene:f1t corporation, is in the business
of providing programs for alternatives to incarceration for crimip.al offenders, including but not
limited to, Electronic Home Monitoring, Day Reporting, and varioas other monitoring services; and
WHEREAS, the City of Port Angeles is desirous of entering into a Contract with Friendship
Diversion Services wherein it will provide Electronic Home Monitoring, Day Reporting, and other
related monitoring services for criminal offenders that have been ~harged with the commission of
crimes by City of Port Angeles law enforcement officers through t4e Clallam County District Court
No 1.
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NOW, THEREFORE, in consideration of the mutual pron~ises set forth herein, the Parties
do mutually agree as follows:
1. Duration of Contract.
The tenD of this Contract shall begin immediately upon execution by both parties and
shall terminate on December 31, 2010. This Contract may be renewed upon mutual agreement by
both Parties for additional one (1) year time periods, subject to all terms and conditions set forth
herein. In the event that tlus Contract is not renewed, CONTRACTOR shall have the responsibility
to continue to provide program services for all defendants referred by the court prior to termination.
2. Services Provided by Contractor.
The CONTRACTOR shall provide Electronic Hom~ Monitoring and Day RepOlting
. services for the City. A detailed description oftlle services to be perfol1ned by the CONTRACTOR
is set forth in Attachment "A," attached hereto and incorporated h~rein by reference. The number
ofrefenals to the CONTRACTOR for services shall be at the sole discretion of the CITY.
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CONTRACTOR agrees to provide its own labor and materials in conjunction with
providing such services. Unless otherwise provided for in the Contract, no material, labor or
facilities will be furnished by the CITY. CONTRACTOR further agrees to maintain an office within
Clallam County as well as a local telephone in conjunction with provision of these services.
3. City's Obligations.
In order to assist the CONTRACTOR in providing its services under this Contract,
the CITY shall provide relevant infonnation which is available and subject to disclosure under
applicable laws and court rules, as well as coordination with other agencies, as necessary.
4. Contract Representatives.
Each party to the Contract shall have a Contract Representative. Each party may
change its representative upon providing written notice to the other party. The parties representatives
are as follows:
Contractor:
Barbara E. Miller, Director
Friendship Diversion Services
P.O. Box 11215
Olympia, W A 98508
Phone: (360) 357-8021
FAX: (360) 357-9149
Local address:
212 East Fifth Street
Port Angeles, W A 98362~5801
Local phone:
(360) 417-2193
City:
Mark E. Madsen, City Manager, or his designee
City of Port Angeles
P.O. Box 1150, 321 East Fifth Street
Port Angeles, W A 98362~0217
Phone: (360) 417-4500
FAX: (360) 417-4509
5. Compensation.
Contractor and City have agreed upon the fee scale for services provided by
Contractor as set forth in this agreement. ContJactor shall assess and collect the fee directly fTOm
the offender except where indigency has been detel1nined. \Vhere offender is found to be indigent,
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City will reimburse Contractor as set forth in tins agreement upon submission of appropriate
documentation. City will also reserve the right to assign indigenti offender to perfonn community
. service to reimburse City for any payments for detention it may h;we made.
The Day Reporting program fee is determined by tile CONTRACTOR after an
interview with the offender and may VEllY from $10.00 to $15.00 per day depending upon the
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offender's resources. The CITY shall reimburse the CONTRACTOR up to $5.00 per day for any
offender who is detennined to be indigent and unable to pay any portion of the program fee.
The Electronic Home Monitoring fee is detennined by the CONTRACTOR after an
interview witl1 tile offender and may VEllY from $12.00 to $15.00 per day depending upon the
offender's resources. The CITY shall reimburse the CONTRACTOR up to $12.00 for each day
ordered or for the difference between what the offender can pay ahd $12.00 per day.
Indigency is to be detelmined based upon the Federal Health and Human Services
guidelines. The CONTRACTOR shall not charge any fee beyond th,e maximum program fee without
prior approval ofthe court and the CITY. The C9NTRACTOR ~hall not have the legal ability to
twn over to any collection agency for collection of any program f~e 110t paid by an offender.
6. Modifications.
No modification or amendment of tIllS Contract shall be valid until the same is
reduced to writing and executed with the same fOlnlalities as tile present Contract.
7. Hold Harmless and Indemnification.
The CONTRACTOR shall defend, indemnify and hold harmless the CITY, and its
respective officers, ofiicials, employees, deputies, and agents from and against any and all claims,
actions, suits, liability, loss, expenses, damages andjudgments of any nature whatsoever, including
costs and attorneys fees in the defense thereof, for injury, sickness; disability or death to persons or
damage to property or business, caused by or arising out of CONTRACTOR's and its respective
employees, agents, volunteers, and/or subcontractors, acts, errors ot omissions in providing services
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under the tenns of the Contract. Provided, however, that the CONTRACTOR l s obligation hereunder
shall not extend to injury, sickness, death or damage caused by or cU"ising out ofthe sole negligence
of the CITY, its officers, officials, employees, deputies, and/or agepts. Provided further, that in the
event of concurrent negligence of both parties, the CONTRACTOR's obligations hereunder shall
apply only to the percentage of fault attributable to the CONTRACTOR, its employees, agents,
volunteers, Ellld/or subcontractors.
The CONTRACTOR's obligations hereunder shall include, but are not limited to,
investigating, adjusting, and defending any and all Claims alleging loss from actiol1, enol' or omission
or breach of any COllUllon law, statutory or other delegated duty by the CONTRACTOR, the
CONTRACTOR's employees, agents, or subcontractors.
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8. Termination.
The CITY may terminate this Contract after breach of any provision herein by the
CONTRACTOR upon thirty (30) days written notice to the CONTRACTOR The written notice
shall be sent to the address of the CONTRACTOR representative set forth above and shall specify
the specific provision(s) breached. In the event the CONTRACTOR cures the provision( s) breached
within thirty (30) days to the sole satisfaction of the CITY, the terminatiollllotice shall be of no force
and effect.
The CONTRACTOR may terminate this Contractor for breach of any provision
herein by the CITY upon thirty (30) days 'Mitten notice to the CITY. The written notice shall be sent
to the address of the CITY representative set forth above and shall specify the specific provision(s)
breached. In the event the CITY cures the provision(s) breached within thirty (30) days to the sole
satisfaction of the CONTRACTOR, the telmination notice shall be of no force and effect.
In the event of termination by either party, the CONTRACTOR agrees to immediately
turn over to CITY, at its request, all records of any kind or nature which CONTRACTOR has kept
in providing services under the terms of this Contract.
9. Assignment, Delegation, and Subcontracting.
The CONTRACTOR shall perform the terms of this Contract using only its bona fide
employees, volunteers, or agents and the obligations and duties of CONTRACTOR under this
Contract shall not be assigned, delegated, or subcontracted to any other person or fl11TI without the
prior express written consent of the CITY. The CONTRACTOR shall perform a background check
on all of its employees and volunteers performing any services under this Contract.
Any ~ubcontractor shall be bound to all of the same telms and conditions as
CONTRACTOR including, but not limited to, the duties to defend, indemnify, and hold harmless
the CITY, the obligation to carry insurance with the CITY named as an additional insured, and the
requirement to conduct background checks on employees and volwlteers.
10. Independent Contractor.
The CONTRACTOR's services shall be furnished by the CONTRACTOR as an
independent contractor, not as 811 agent, employee, or servant of the CITY. TIle CONTRACTOR
specifically has the right to direct and control CONTRACTOR's own activities in providing the
agreed services in accordance with the specifications set forth in tIns Contract.
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The CONTRACTOR agrees that the entire compensation for tlus Contract is set forth
in Section 5 of this Contract and the CONTRACTOR's employees, officers, and agents are 110t
entitled to any City benefits, including, but not limited to, vacation pay, holiday pay, sick leave pay,
medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded
to City employees.
The CONTRACTOR shall have and maintain complete responsibility and control
over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee,
or agent ofthe CONTRACTOR shall be or be deemed to be orpurpOli to act as an employee, agent,
or representative of the CITY. j
The CONTRACTOR shall assume full responsibility for the payment of all payroll
taxes, use, sales, income, or other form oftaxes, fees, licenses, exc~ses, or payments required by any
city, county, federal or state law or legislation which is now or may; during the term of this Contract,
be enacted as to all persons employed by the CONTRACTOR aIjd as to all duties, activities and
requirements by the CONTRACTOR in performance of the work covered under tills Contract and
shall assume exclusive liability tIlerefor, and meet any and allleg~ requirements.
The CONTRACTOR agrees to immediatelyremoveany of its employee, volunteers,
or agents from assignment to perform services under tIus Contract upon receipt of written request
to do so fi'om the CITY's Contract Representative or designee.
11. Compliance with Laws.
The CONTRACTOR shall comply WitIl all applicaple federal, state, and local laws,
rules and regulations, in performing ills Contract.
12. Inspection of Books and Records.
The CITY may, at reasonable times, inspect the books and records of the
CONTRACTOR relating to performance of this Cont.ract. The :CONTRACTOR shall keep all
records required by tlus Contract for five (5) years after tennination of tllis Contract for audit
pUI]Joses.
13. Non-Discrimination.
The CONTRACTOR agrees that. it. shall not discriIiunate against any person on the
grounds of race, color, creed, religion, national origin, sex, age, n1arital status, political affiliation
or belief in violation of any applicable federal, state, or City law ol)egulation. In the event that the
CONTRACTOR violates this provision, the CITY may immediately terminate tlus Contract.
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14. Choice of Law. Jurisdiction. and Attornevs Fees.
TIns Contract has been and shall be construed as having been made and delivered
within the State of Washington, and it is agreed by both Parties that tIus Contract shall be governed
by the laws of tile State of Washington, both as to its interpretation and performance. Any action
at law, suit, in equity or judicial proceeding arising out of tins Contract, shall be instituted and
maintained only in a court of competent jurisdiction in Clallam County, Washington.
If the CITY brings any action or suit relating to the enforcement of this Contract or
asking for any relief against the CONTRACTOR, declaratory or otherwise, arising out of tIus
Contract or if the CONTRACTOR brings any action or suit relating to the enforcement of tIns
, Contract or asking for any relief against the CITY, decl81"atory or otherwise, arising out of this
Contract, then tile prevailing party shall be paid reasonable attorney's fees and costs expended or
incurred in connection with any such suit or action.
15. Insurance.
The CONTRACTOR shall carry, for tile duration of this Contract, En'ors and
Omissions insurance in an amount of not less than $2 Million. Such policy shall provide that it shall
not be canceled, materially changed, or renewed without thirty (30) days written notice prior thereto
to the CITY. Such policy shall be issued by an insurance company licensed to do business in the
State of Washington and having a A.M. Best rating of" A." Coverage format for such insurance
policy must receive approval of the Risk Manager of tile CITY prior to providing services under this
Contract. CONTRACTOR shall provide a certificate evidencing such coverage and identify the
CITY as an additional insured under the policy to the CITY.
Additionally, CONTRACTOR shall provide evidence that all of its employees are
, covered by Industrial Insurance under Title 51 RCW.
16. Severability.
If a court of competent jurisdiction holds any part, term, or provision ofthis Contract
to be illegal or invalid, in whole or in p81i, the validity of the remaini.ng provisions shall not be
affected, and tI1e Parties rights and obligations shall be construed and enforced as if the Contract did
not contain fue particular provision held to be invalid.
17. Headings.
The section headings of this Contract have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, nor shall tIley be deemed to, define,
limit, or e>-.1:ent the scope or intent of the sections to wInch they apply.
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18. Notices.
A11notices called for or provided in this Contract shall be in vvriting and must be
served on any of the parties either personally or by certified mail,' retum receipt requested, sent to
the Parties at their respective addressed hereinabove given. Notices by certified mail shall be
deemed served when deposited in the United States mail, postage: prepaid.
19. Other Emplovment.
This Contract is not an exclusive services agreemelit. CONTRACTOR may take on
other professional assignments while completing those service set forth herein.
20. Waiver.
No officer, employee, agent or otherwise of the: CITY has the power, right, or
authority to waive any of the conditions or provisions of this COl1tj:act. No waiver of any breach of
this Contract shall be held to be a waiver of any other or subsequent breach. All remedies afforded
to in this Contract or at law shall be taken and construed as cumulative, that is, in addition to every
other remedy provided herein or by law. Failure of the CITY t6 enforce at any time any of the
provisions of this Contract or to require at any time performance pf any provision of the Contract
herein shall in no way be construed to be a waiver of such provision:, or in any way affect the validity
of this Contract or any part thereof, or the right of the CITY to hereinafter enforce each and every
such provision.
21. Entire Agreement.
The Parties agree that tIns Conn.-act is the complete expression of its terms and
conditions. Any oral representations or understandings not incorporated in tillS Contract are
. specifically excluded.
FRIENDSHIP DIVERSION SERVICES
CITY OF PORT ANGELES
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Date:
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Date: ~(d/<Q, c9.DOfi>
Attest: ,
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Ao ~~Q , lJptb"-
Becky 1. Up , Cl Clerk
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A~prjved as to Ponn: . d .-?
1~e ~ ~
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'William E. Bloor, City Attorney
G;\l.cga'-D'c~1lp\AGREEMENTScl:CONTRACTS\2008 Agmto&CnnlractsIFriendship Dive",;nn SelVic...D4240B.wpd
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COMMUNITY SUPERVISION PROG~1
CITY OF PORT ANGELES
SCOPE OF 'VVORK
Section 1: Dav Reporting Program
Intake:
Upon referral an initial intake appointment is scheduled 'with the
program coordinator. A lengthy interview occurs with the defendant to
elicit the history of family, education, employment, social activities,
possible chemical dependency issues, criminal activities, financial status
and any other relevant information. From this information an individual
program is designed with the defendant and a signed agreement is
executed, which enrolls the defendant in the program and sets forth the
details of that individual's 8-hour day reporting program. Dependant on
the Court's Order, there could be an expectation of curfew hours during
which time the defendant is expected to remain at their residence.
Defendants will also be informed the program coordinator will
independently confirm their home address and may come to their home
under some circumstances. A financial assessment will also be made
determining the defendant's ability to pay the cost of day reporting
services and payment dates will be established.
Program:
Each defendant' will participate in the program contained in' their
agreement including, but not limited to, maintaining their current
employment, actively seeking employment or increased employment in
the instance of part time workers, participation in job search
preparedness, relevant training, GED or diploma preparation, and
obtaining chemical dependency, mental health or domestic violence
evaluation and follow up with recommended treatment.
Staff will make referrals. wben appropriate to resources within the
community who provide various life skill workshops, mental health
support, treatment as indicated from evaluations. Where it is an issue
the staff will also refer to problem solving agencies for hou,sing, food and
appropriate or necessary clothing. In those cases where chemical
dependency is an issue random urine analysis and/or breathalyzer testing
will occur if ordered by the Court; and may also occur at staff request.
In house Friendship will offer workshops on theft awareness, money
management/budgeting and Thinlting For A Change.
Defendant's schedule will include a day and time for meeting with the
program coordinator to review progress, discuss any problem areas and
seek resolution for same. This may occur weeldy initially in some
instances, but in all cases will occur at least twice each month.
Defendants who are in job search mode will report to the program every
morning unless an interview is scheduled in which event they will report
thereafter. The job searchers will also report in mid day and at the end
of the day.
Activities:
Defendants report at least once per day at an agreed time, five days per
week. In the case of employed defendants, arrangements are made with
their work supervisor to confirm their presence at work and, if not,
supervisors are requested to notify the day reporting program. Staffwill
independently and randomly verify attendance at work and will require a
copy of' the pay stub from each employed defendant for further
verification.
Defendants seeking employment will participate in workshops provided
by Worksource to assist them in organizing a proper resume and receive
job leads. Friendship staff will assist in organizing job search activities
and other support as needed. Those defendants engaged in job search,
training or education will carry with them an arrival/departure sheet,
which provides not only date and time, t>ut also the name of the
individual with whom they had contact. Some contacts are verified by
staff daily. In the event a reported contact is negated by the individual or
company, all contacts will be contacted to determine compliance.
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For any defendants unable physically or emotionally to obtain and
maintain employment, we will attempt to place them in a volunteer
capacity at one of the local non-profit agencies. Friendship can
accommodate a defendant being present in their office for the reporting
period if that becomes necessary in some instances. Our goal is to have
each defendant actively engaged in positive activities.
Reportin1!:
Friendship Diversion Services Com.munity Supervision Program Proposal 2
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Failure to comply with the Court's Order will be reported immediately to
the Court, City Prosecutor and defense counsel. If there is a probation
officer assigned to the defendant they will also be notified. If interim
reports are required those will be provided setting forth the activities and
accomplishments of the defendant. On completion a final report will be
provided to the Court, City Prosecutor, defense counsel and probation.
All report forms will be agreed to by the parties.
Fees:
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Defendants will be assessed from $10.00 to $15.00 per day for day
reporting services, depending on their financial standing. In the event the
defendant is indigent, Friendship will bill City of Port Angeles $5.00 per
day for each reporting day ordered. We believe all defendants are able
to pay some portion of the lower per day fee. The City will be billed up to
$5.00 per day depending on the defendant's paid share. Any billing to the
City will clearly document any funds collected from the defendant.
Indigency will be established based on the Federal Health and Human
Services guidelines.
It should be noted that Friendship maintains a breathalyzer in its office
and, of course, no fee is attached. 'Ve also maintain in our office both 1-
Screen and I-Cups for drug detection. The I-Screen is used as a first step
and is a 6-panel device. If the I-Cup is also positive, we then forward the
cup to Sterling Laboratories for final confirmation. The cost to the
defendant for the swab is $3.00; cost for I-Cup is $8.00; and Sterling
confirmation test is $10.00, so the resulting total cost to a defendant for a
positive urine analysis could be $21.00.
Section 2: Electronic Home Monitoring
Equipment:
Friendship Diversion Services would provide the equipment
manufactured by Secure Alert, called TrackerPal. This device combines
their state of the art, 2~/7 monitoring center, the web based software and
their single unit, active GPS device. Together these systems provide a
complete solution for electronic monitoring. Because TrackerPal
encompasses both GPS and cellular communication technologies the
monitoring center is alerted when the defendant violates established
restrictions.
Friendship Diversion Services Community Supervision Program Proposal
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Staff assigned totlle monitoring center are bilingual and have the ability
to instantly speak wit,h the defendant using their cellular technology.
They also have the ability to connect the defendant directly with
Friendship staff for voice communication. The monitoring center
receives, stores and disseminates all information generated by each device
and printed reports call be produced.
TrackerPal is a single unit made of abuse resistant plastic with a strap
made of industrial plastic providing a high degree of cut resistance.
Outer edges of the strap contain 2-stranded stainless steel cables and,
embedded in the strap, is a fiber-optic strand. The strap connection point
requires special, patented tools to remove the strap from the device. With
a built-in central processing unit the device alerts the monitoring center
of any tampering efforts. TrackerPal is a battery operated device and
does not require a telephone line from the defendant, only an electrical
outlet to charge the alternating battery.
Friendship is currently using TrackerPal in another jurisdiction and we
find that the device meets all of the Court or City's needs in maintaining
defendant accountability.
Secure Alert has informed us that in the near future they will also make
available radio frequency surveillance for those defendants ordered to
house arrest. They are also in process of preparing to release an alcohol
sensor device.
Intake:
On referral an initial intake appointment is scheduled with the program
coordinator. A lengthy interview occurs with the defe,ndant to elicit the
history of family, education, employment, social activities, chemical
dependency, criminal history, financial status and any other relevant
information. From this information the program coordinator may set up
a plan to work with the defendant to overcome any obstacles such as
unemployment or under-employment, need for education or training,
referral for social services or evaluations related to chemical dependency
or domestic violence. Should any of these be necessary, tbe use of those.
services will be built in to their monitoring schedule.
Friendship Diversion Services Community Supervision Program Proposal 4
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It should be noted that all defendants are informed they are to remain
drug/alcohol free while on electronic monitoring and are subject to
random breathalyzers and mouth swabs and/or urine analysis. Any
violation '"vill be immediately reported to the Court, City Prosecutor and
defense counsel. Friendship's policy is that electronic monitoring is a
form of custody and, therefore, they must remain drug/alcohol free. If
this policy is in conflict with the Court, Friendship will modify it to
comply with the Court's jurisdiction.
lVlonitoring:
On completion of the intake, the program coordinator will provide a
thorough orientation to the TrackerPal device. Program coordinator will
establish any exclusion zones ordered by the Court, as well as inclusion
zones, travel routes, days and times of movement. A schedule for grocery
shopping and meeting other legitimate needs of the defendant will also be
entered. On completion of this, the device will be attached to the
defendant, who will then remain with the program coordinator until they
are assured the GPS is running and the defendant is fully cognizant of all
expected movement.
The defendant will be required to provide a work schedule, in writing;
and if the work schedule fluctuates must bring in a schedule with each
change. Defendant will be informed that the program coordinator will
independently confirm their residence address and may, from time to
time, make an appearance at their home or at their place of employment.
Reportin2":
Friendship Diversion Services will provide reports on completion of the
program to the Court, City Prosecutor and defense counsel. Depending
on the Court's Order, Friendship will establish with the monitoring
center bow violations lvilI be reported. Tbis will range from next day e-
mail to instant telephone contact with a designated staff member (usually
program coordinator). In some instances of violation Friendship will
. make contact with law enforcement to report a violation that poses a risk
to another person or violation of a no-contact order and request
apprehension. Those instances 'will be finessed with law enforcement if
we are the successful bidder for these programs. A format for all reports
Friendship Diversion Services Community Supervision Program Proposal 5
~J- -
"
will be agreed to by the parties and, in tlle instance of non-compliance,
will include the printed report from the TrackerPal.
Fees:
Defendants will pay from $12.00 to $15.00 per day for every day ordered
to electronic monitoring. Friendship will' expect payment one week in
advance for each week ordered for electronic monitoring. Should the
defendant be indigent City of Port Angeles will be billed $12.00 per day
for each day ordered or for the difference benveen what the defendant
can pay and $12.00 per day. Indigency is determined based on the
Federal Health and Human Services guidelines.
Friendship Diversion Services Community Supervision Program Proposal .
6
.--.--"-.' --...---- --------------,. --------..---...-.....----------
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
05/06/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bell-Anderson Ins. - Kent C/L ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 887 RHECE~VE[' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
724 West Smith St. .- 8 2.008
Kent, WA 98035-0887 M/W INSURERS AFFORDING COVERAGE NAIC#
INSURED PORT ANGELES LEGAL DEPART 'tt.<\URER A: General Star Indemnity Co
Friendship Diversion Services INSURER B:
PO Box 11215 INSURER c:
Olympia, WA 98508 INSURER 0:
INSURER E:
lillent~. 4~1:I/U
r-KIt:UIV
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DO' PJ>..t~~~ri~i~8tW\E P%~fJ(~~~~N
LTR NSRr TYPE OF INSURANCE POLICY NUMBER L1M ITS
A ~NERAL LIABILITY IJA964085 07/01/07 07/01108 EACH OCCURRENCE $1 000000
COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $50 000
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $1 000
PERSONAL & ADV INJURY $1.000 000
-
I-- GENERAL AGGREGATE $1.000.000
~'L AGGREnE LIMIT APAS PER: PRODUCTS - COM PlOP AGG $1 000.000
A X POLICY m?;: LOC IJA964085 07/01/07 07/01/08 Professional $1 000000
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
I--
I-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
I--
, HIRED AUTOS
I-- BODILY INJURY $
NON-OWNED AUTOS (Per accident)
I--
PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
OESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
q ,DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I T~g.Jrf';~~;, I 10J~-
A EMPLOYERS' LIABILITY IJA964085 07/01/07 07/01/08 $1 000,000
ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under E.L. DISEASE - POLICY LIMIT $1 000,000
SPECIAL PROViSIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
The certificate holder is additional insured for general liability, but
only if required by written contract or written agreement per the
attached endorsement # GSI-06-CJ-806 03/05. Endorsement to follow from carrier.
. I
CERTIFICATE HOLDER
CANCELLATION
City of Port Angeles
Attn: Dennis Dickson, City Attorney
P.O. Box 1150
Port Angeles, WA 98362
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .....30- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001/08) 1 of 2
#S178986/M176866
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 2
#S178986/M176866
'.
A\\ocV\~ (1,
PRE-FILE DIVERSION
CITY OF PORT ANGELES
SCOPE OF WORK
Referral:
Upon receipt of referral defendant information is entered into the
internal diversion database with all available information. The referral
letter provided to the participant by the City Attorney's Office includes a
deadline for each individual to contact our office. A reminder is entered
in the database to track this deadline.
Intake:
When a defendant contacts our office for the first time, basic statistical
information is gathered and they are scheduled an intake/enrollment
appointment. When they report for this appointment the program is
explained to them, they pay a down payment on the supervision fee and
sign the "Pre File Diversion Agreement".
Program:
Pre File Agreements are 6-month contracts, unless requirements exceed
that time frame. Each defendant will participate in the program
contained in their agreement including, but not limited to, a minimum of
eight hours of community service work, supervision fee, maintain law
abiding behavior, report immediate change in address, phone number
and other vital information, report monthly, PLUS the following
requirements per offense type:
ALCOHOL/DRUG: Alcohol Drug Information School
THEFT/SHOPLIFTING: Consumer/Theft Awareness Course
Pay Restitution when assessed
DWLS: Obtaining an Abstract of Driving Record
Resolving issues resulting in suspension
Obtaining valid Driver's License
'.. .'
Although Pre File Diversion participants require minimal supervision,
assistance may be provided by case managers by referral to service
agencies when necessary to actively seek employment or increased
employment in the instance of part time workers, participation in job
search preparedness, relevant training, GED or diploma preparation,
various life skill workshops and obtaining chemical dependency, mental
health or domestic violence evaluation and follow up with recommended
treatment. Where it is an issue the staff will also refer to problem solving
agencies for housing, food and appropriate or necessary clothing.
Assistance with these services would be given upon request of the
defendant.
After signing an agreement participants are scheduled to return in
approximately 30 days with proof of requirements. For DWLS, they may
return sooner with their abstract to begin work on re-licensing.
Reporting:
After confirmation of requirements has been received, participants are
required to report by phone once per month for the remainder of their
agreement.
Fees:
Defendants will be assessed a supervision fee of $275. Standard payment
arrangements are $75 down payment at the time of signing an agreement,
and monthly payments of $50 until the fee is paid in full. If situations
dictate, alternative payment arrangements can be made.
Monitoring:
Staff will review JIS monthly for new law violations. Any new law
violations will be reported to the City Attorney's Office.
No Contact:
In the event a defendant does not contact us by the deadline given, Notice
of No Contact will be provided in writing to the City Attorney's Office.
Non-Compliance:
Problem solving with participants for missed appointments or deadlines
will be managed by staff, however, failure to perform requirements of an
agreement; failure to report or other violations of the agreement will be
Friendship Diversion Services Community Supervision Program Proposal 2
, .
.~
provided in writing to the City Attorney's Office for disposition of the
case. A decision to revoke the agreement and pursue charging is solely at
the discretion of the City Attorney's staff.
Successful Completion:
Upon proof of completion of all requirements and duration of the
agreement ends Notice of Completion form will be provided in writing to
the City Attorney's Office.
Friendship Diversion Services Community Supervision Program Proposal 3
</. 581..p
PROFESSIONAL SERVICES CONTRACT
BETWEEN
THE CITY OF PORT ANGELES
AND
FRIENDSHIP DIVERSION SERVICES
THIS AGREEMENT, made and entered into by and between the City of Port Angeles,
having offices for transaction of business at 321 East Fifth Street, Port Angeles, W A 98362
(hereinafter "CITY"), and Friendship Diversion Services, having offices for the transaction of
business at 2401 Bristol Court SW, Suite D-102, Olympia, WA 98502 (hereinafter
"CONTRACTOR"), jointly hereinafter referred to as the "Parties."
WHEREAS, pursuant to the provisions of Chapter 35A RCW, and Chapter 9.02 Port Angeles
Municipal Code, the City of Port Angeles, a non-charter code city, has the authority to establish
alternative programs for incarceration of criminal offenders; and
WHEREAS, Friendship Diversion Services, a public benefit corporation, is in the business
of providing programs for alternatives to incarceration for criminal offenders, including but not
limited to, Electronic Home Monitoring, Day Rep?rting, and various other monitoring services; and
WHEREAS, the City of Port Angeles is desirous of entering into a Contract with Friendship
Diversion Services wherein it will provide Electronic Home Monitoring, Day Reporting, and other
related monitoring services for criminal offenders that have been charged with the commission of
crimes by City of Port Angeles law enforcement officers through the Clallam County District Court
No 1.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties
do mutually agree as follows:
1. Duration of Contract.
The term of this Contract shall begin immediately upon execution by both parties and
shall terminate on December 31, 2010. This Contract may be renewed upon mutual agreement by
both Parties for additional one (1) year time periods, subject to all terms and conditions set forth
herein. In the event that this Contract is not renewed, CONTRACTOR shall have the responsibility
to continue to provide program services for all defendants referred by the court prior to termination.
2. Services Provided by Contractor.
The CONTRACTOR shall provide Electronic Home Monitoring and Day Reporting
services for the City. A detailed description of the services to be performed by the CONTRACTOR
is set forth in Attachment "A," attached hereto and incorporated herein by reference. The number
of referrals to the CONTRACTOR for services shall be at the sole discretion of the CITY.
-1-
"---
CONTRACTOR agrees to provide its own labor and materials in conjunction with
providing such services. Unless otherwise provided for in the Contract, no material, labor or
facilities will be furnished by the CITY. CONTRACTOR further agrees to maintain an office within
Clallam County as well as a local telephone in conjunction with provision of these services.
3. City's Obligations.
In order to assist the CONTRACTOR in providing its services under this Contract,
the CITY shall provide relevant information which is available and subject to disclosure under
applicable laws and court rules, as well as coordination with other agencies, as necessary.
4. Contract Representatives.
Each party to the Contract shall have a Contract Representative. Each party may
change its representative upon providing written notice to the other party. The parties representatives
are as follows:
Contractor:
Barbara E. Miller, Director
Friendship Diversion Services
P.O. Box 11215
Olympia, W A 98508
Phone: (360) 357-8021
FAX: (360) 357-9149
Local address:
212 East Fifth Street
Port Angeles, W A 98362-5801
Local phone:
(360) 417-2193
City:
Mark E. Madsen, City Manager, or his designee
City of Port Angeles
P.O. Box 1150, 321 East Fifth Street
Port Angeles, W A 98362-0217
Phone: (360) 417-4500
FAX: (360) 417-4509
5. Compensation.
Contractor and City have agreed upon the fee scale for services provided by
Contractor as set forth in this agreement. Contractor shall assess and collect the fee directly from
the offender except where indigency has been determined. Where offender is found to be indigent,
-2-
City ,will reimburse Contractor as set forth in this agreement upon submission of appropriate
documentation. City will also reserve the right to assign indigent offender to perform community
service to reimburse City for any payments for detention it may have made.
The Day Reporting program fee is determined by the CONTRACTOR after an
interview with the offender and may vary from $10.00 to $15.00 per day depending upon the
offender's resources. The CITY shall reimburse the CONTRACTOR up to $5.00 per day for any
offender who is determined to be indigent and unable to pay any portion of the program fee.
The Electronic Home Monitoring fee is determined by the CONTRACTOR after an
interview with the offender and may vary from $12.00 to $15.00 per day depending upon the
offender's resources. The CITY shall reimburse the CONTRACTOR up to $12.00 for each day
ordered or for the difference between what the offender can pay and $12.00 per day.
Indigency is to be determined based upon the Federal Health and Human Services
guidelines. The CONTRACTOR shall not charge any fee beyond the maximum program fee without
prior approval of the court and the CITY. The CONTRACTOR shall not have the legal ability to
turn over to any collection agency for collection of any program fee not paid by an offender.
6. Modifications.
No modification or amendment of this Contract shall be valid until the same is
reduced to writing and executed with the same formalities as the present Contract.
7. Hold Harmless and Indemnification.
The CONTRACTOR shall defend, indemnify and hold harmless the CITY, and its
respective officers, officials, employees, deputies, and agents from and against any and all claims,
actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including
costs and attorneys fees in the defense thereof, for injury, sickness, disability or death to persons or
damage to property or business, caused by or arising out of CONTRACTOR's and its respective
employees, agents, volunteers, and/or subcontractors, acts, errors or omissions in providing services
under the terms ofthe Contract. Provided, however, that the CONTRACTOR's obligation hereunder
shall not extend to injury, sickness, death or damage caused by or arising out ofthe sole negligence
ofthe CITY, its officers, officials, employees, deputies, and/or agents. Provided further, that in the
event of concurrent negligence of both parties, the CONTRACTOR's obligations hereunder shall
apply only to the percentage of fault attributable to the CONTRACTOR, its employees, agents,
volunteers, and/or subcontractors.
The CONTRACTOR's obligations hereunder shall include, but are not limited to,
investigating, adjusting, and defending any and all claims alleging loss from action, error or omission
or breach of any common law, statutory or other delegated duty by the CONTRACTOR, the
CONTRACTOR's employees, agents, or subcontractors.
-3-
8. Termination.
The CITY may terminate this Contract after breach of any provision herein by the
CONTRACTOR upon thirty (30) days written notice to the CONTRACTOR. The written notice
shall be sent to the address of the CONTRACTOR representative set forth above and shall specify
the specific provision( s) breached. In the event the CONTRACTOR cures the provision( s) breached
within thirty (30) days to the sole satisfaction of the CITY, the termination notice shall be of no force
and effect.
The CONTRACTOR may terminate this Contractor for breach of any provision
herein by the CITY upon thirty (30) days written notice to the CITY. The written notice shall be sent
to the address of the CITY representative set forth above and shall specify the specific provision(s)
breached. In the event the CITY cures the provision(s) breached within thirty (30) days to the sole
satisfaction of the CONTRACTOR, the termination notice shall be of no force and effect.
In the event oftermination by either party, the CONTRACTOR agrees to immediately
turn over to CITY, at its request, all records of any kind or nature which CONTRACTOR has kept
in providing services under the terms of this Contract.
9. Assignment. Delegation. and Subcontracting.
The CONTRACTOR shall perform the terms of this Contract using only its bona fide
employees, volunteers, or agents and the obligations and duties of CONTRACTOR under this
Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the
prior express written consent of the CITY. The CONTRACTOR shall perform a background check
on all of its employees and volunteers performing any services under this Contract.
Any subcontractor shall be bound to all of the same terms and conditions as
CONTRACTOR including, but not limited to, the duties to defend, indemnify, and hold harmless
the CITY, the obligation to carry insurance with the CITY named as an additional insured, and the
requirement to conduct background checks on employees and volunteers.
10. Independent Contractor.
The CONTRACTOR's services shall be furnished by the CONTRACTOR as an
independent contractor, not as an agent, employee, or servant of the CITY. The CONTRACTOR
specifically has the right to direct and control CONTRACTOR's own activities in providing the
agreed services in accordance with the specifications set forth in this Contract.
-4-
The CONTRACTOR agrees that the entire compensation for this Contract is set forth
in Section 5 of this Contract and the CONTRACTOR's employees, officers, and agents are not
entitled to any City benefits, including, but not limited to, vacation pay, holiday pay, sick leave pay,
medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded
to City employees.
The CONTRACTOR shall have and maintain complete responsibility and control
over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee,
or agent of the CONTRACTOR shall be or be deemed to be or purport to act as an employee, agent,
or representative of the CITY.
The CONTRACTOR shall assume full responsibility for the payment of all payroll
taxes, use, sales, income, or other form of taxes, fees, licenses, excises, or payments required by any
city, county, federal or state law or legislation which is now or may, during the term ofthis Contract,
be enacted as to all persons employed by the CONTRACTOR and as to all duties, activities and
requirements by the CONTRACTOR in performance of the work covered under this Contract and
shall assume exclusive liability therefor, and meet any and all legal requirements.
The CONTRACTOR agrees to immediately remove any of its employee, volunteers,
or agents from assignment to perform services under this Contract upon receipt of written request
to do so from the CITY's Contract Representative or designee.
11. Compliance with Laws.
The CONTRACTOR shall comply with all applicable federal, state, and local laws,
rules and regulations, in performing this Contract.
12. Inspection of Books and Records.
The CITY may, at reasonable times, inspect the books and records of the
CONTRACTOR relating to performance of this Contract. The CONTRACTOR shall keep all
records required by this Contract for five (5) years after termination of this Contract for audit
purposes.
13. Non-Discrimination.
The CONTRACTOR agrees that it shall not discriminate against any person on the
grounds of race, color, creed, religion, national origin, sex, age, marital status, political affiliation
or belief in violation of any applicable federal, state, or City law or regulation. In the event that the
CONTRACTOR violates this provision, the CITY may immediately terminate this Contract.
-5-
14. Choice of Law. Jurisdiction. and Attorneys Fees.
This Contract has been and shall be construed as having been made and delivered
within the State of Washington, and it is agreed by both Parties that this Contract shall be governed
by the laws of the State of Washington, both as to its interpretation and performance. Any action
at law, suit, in equity or judicial proceeding arising out of this Contract, shall be instituted and
maintained only in a court of competent jurisdiction in Clallam County, Washington.
If the CITY brings any action or suit relating to the enforcement of this Contract or
asking for any relief against the CONTRACTOR, declaratory or otherwise, arising out of this
Contract or if the CONTRACTOR brings any action or suit relating to the enforcement of this
Contract or asking for any relief against the CITY, declaratory or otherwise, arising out of this
Contract, then the prevailing party shall be paid reasonable attorney's fees and costs expended or
incurred in connection with any such suit or action.
15. Insurance.
The CONTRACTOR shall carry, for the duration of this Contract, Errors and
Omissions insurance in an amount of not less than $2 Million. Such policy shall provide that it shall
not be canceled, materially changed, or renewed without thirty (30) days written notice prior thereto
to the CITY. Such policy shall be issued by an insurance company licensed to do business in the
State of Washington and having a A.M. Best rating of "A." Coverage format for such insurance
policy must receive approval of the Risk Manager of the CITY prior to providing services under this
Contract. CONTRACTOR shall provide a certificate evidencing such coverage and identify the
CITY as an additional insured under the policy to the CITY.
Additionally, CONTRACTOR shall provide evidence that all of its employees are
covered by Industrial Insurance under Title 51 RCW.
16. Severability.
If a court of competent jurisdiction holds any part, term, or provision of this Contract
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 Contract did
not contain the particular provision held to be invalid.
17. Headings.
The section headings of this Contract have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, nor shall they be deemed to, define,
limit, or extent the scope or intent of the sections to which they apply.
-6-
18. Notices.
All notices called for or provided in this Contract 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 addressed hereinabove given. Notices by certified mail shall be
deemed served when deposited in the United States mail, postage prepaid.
19. Other Employment.
This Contract is not an exclusive services agreement. CONTRACTOR may take on
other professional assignments while completing those service set forth herein.
20. Waiver.
No officer, employee, agent or otherwise of the CITY has the power, right, or
authority to waive any of the conditions or provisions of this Contract. No waiver of any breach of
this Contract shall be held to be a waiver of any other or subsequent breach. All remedies afforded
to in this Contract or at law shall be taken and construed as cumulative, that is, in addition to every
other remedy provided herein or by law. Failure of the CITY to enforce at any time any of the
provisions of this Contract or to require at any time performance of any provision of the Contract
herein shall in no way be construed to be a waiver of such provision, or in any way affect the validity
of this Contract or any part thereof, or the right of the CITY to hereinafter enforce each and every
such provision.
21. Entire Agreement.
The Parties agree that this Contract is the complete expression of its terms and
conditions. Any oral representations or understandings not incorporated in this Contract are
specifically excluded.
FRIENDSHIP DIVERSION SERVICES
CITY OF PORT ANGELES
Date: a~\Q..
:2- 't - -;2n6
By: *~~_~)
M E. Madsen, Ity Manager
Date: ~~ O?~, r?? QO g
Attest:
&&~ .1JptD^
Becky 1. Upt Ci Clerk
Bc-~~->-,~ ~'--~if
-7-
~{:rorfk-
William E. Bloor, City Attorney
G ILegal_ BackupIAGREEMENTS&CONTRACTS\2008 Agmts&ContractslFnendshlP D,verSion Services 042408 wpd
-8-
1;
COMMUNITY SUPERVISION PROGRAM
CITY OF PORT ANGELES
SCOPE OF WORK
Section 1: Day Reporting Program
Intake:
Upon referral an initial intake appointment is scheduled with the
program coordinator. A lengthy interview occurs with the defendant to
elicit the history of family, education, employment, social activities,
possible chemical dependency issues, criminal activities, financial status
and any other relevant information. From this information an individual
program is designed with the defendant and a signed agreement is
executed, which enrolls the defendant in the program and sets forth the
details of that individual's 8-hour day reporting program. Dependant on
the Court's Order, there could be an expectation of curfew hours during
which time the defendant is expected to remain at their residence.
Defendants will also be informed the program coordinator will
independently confirm their home address and may come to their home
under some circumstances. A financial assessment will also be made
determining the defendant's ability to pay the cost of day reporting
services and payment dates will be established.
Program:
Each defendant will participate in the program contained in their
agreement including, but not limited to, maintaining their current
employment, actively seeking employment or increased employment in
the instance of part time workers, participation in job search
preparedness, relevant training, GED or diploma preparation, and
obtaining chemical dependency, mental health or domestic violence
evaluation and follow up with recommended treatment.
Staff will make referrals when appropriate to resources within the
community who provide various life skin workshops, mental health
support, treatment as indicated from evaluations. Where it is an issue
the staff will also refer to problem solving agencies for housing, food and
appropriate or necessary clothing. In those cases where chemical
dependency is an issue random urine analysis and/or breathalyzer testing
will occur if ordered by the Court; and may also occur at staff request.
In house Friendship will offer workshops on theft awareness, money
management/budgeting and Thinking For A Change.
Defendant's schedule will include a day and time for meeting with the
program coordinator to review progress, discuss any problem areas and
seek resolution for same. This may occur weekly initially in somc
instances, but in all cases will occur at least twice each month.
Defendants who are in job search mode will report to the program every
morning unless an interview is scheduled in which event they will report
thereafter. The job searchers will also report in mid day and at the end
of the day.
Activities:
Defendants reporLatJeas_LoRcc_p_ecda~_aj_~R_agr.~_e_d_time, five days per
week. In the case of employed defendants, arrangements are made with
their work supervisor to confirm their presence at work and, if not,
supervisors are requested to notify the day reporting program. Staffwill
independently and randomly verify attendance at work and will require a
copy of the pay stub from each employed defendant for further
verification.
Defendants seeking employment will participate in workshops provided
by W orksource to assist them in organizing a proper resume and receive
job leads. Friendship staff will assist in organizing job search activities
and other support as needed. Those defendants engaged in job search,
training or education will carry with them an arrival/departure sheet,
which provides not only date and time, but also the name of the
individual with whom they had contact. Some contacts are verified by
staff daily. In the event a reported contact is negated by the individual or
company, all contacts will be contacted to determine compliance.
For any defendants unable physically or emotionally to obtain and
maintain employment, we will attempt to place them in a volunteer
capacity at one of the local non-profit agencies. Friendship can
accommodate a defendant being present in their office for the reporting
period if that becomes necessary in some instances. Our goal is to have
each defendant actively engaged in positive activities.
Reportin2::
Friendship Diversion Services Community Supervision Program Proposal 2
Failure to comply with the Court's Order will be reported immediately to
the Court, City Prosecutor and defense counsel. If there is a probation
officer assigned to the defendant they will also be notified. If interim
reports are required those will be provided setting forth the activities and
accomplishments of the defendant. On completion a final report will be
provided to the Court, City Prosecutor, defense counsel and probation.
All report forms will be agreed to by the parties.
Fees:
Defendants will be assessed from $10.00 to $15.00 per day for day
reporting services, depending on their financial standing. In the event the
defendant is indigent, Friendship will bill City of Port Angeles $5.00 per
day for each reporting day ordered. We believe all defendants are able
to pay some portion of the lower per day fee. The City will be billed up to
$5.00 per day depending on the defendant's paid share. Any billing to the
City will clearly document any funds collected from the defendant.
Indigency will be established based on the Federal Health and Human
Services guidelines.
It should be noted that Friendship maintains a breathalyzer in its office
and, of course, no fee is attached. 'Ve also maintain in our office both 1-
Screen and I-Cups for drug detection. The I-Screen is used as a first step
and is a 6-panel device. If the I-Cup is also positive, we then forward the
cup to Sterling Laboratories for final confirmation. The cost to the
defendant for the swab is $3.00; cost for I-Cup is $8.00; and Sterling
confirmation test is $10.00, so the resulting total cost to a defendant for a
positive urine analysis could be $21.00.
Section 2: Electronic Home Monitoring
Equipment:
Friendship Diversion Services wou.ld provide the equipment
manufactured by Secure Alert, called TrackerPal. This device combines
their state of the art, 24/7 monitoring center, the web based software and
their single unit, active GPS device. Together these systems provide a
complete solution for electronic monitoring. Because TrackerPal
encompasses both GPS and cellular communication technologies the
monitoring center is alerted when the defendant violates established
restrictions.
Friendship Diversion Services Community Supervision Program Proposal
..,
.)
Staff assigned to the monitoring center are bilingual and have the ability
to instantly speak with the defendant using their cellular technology.
They also have the ability to connect the defendant directly with
Friendship staff for voice communication. The monitoring center
receives, stores and disseminates all information generated by each device
and printed reports can be produced.
TrackerPal is a single unit made of abuse resistant plastic with a strap
made of industrial plastic providing a high degree of cut resistance.
Outer edges of the strap contain 2-stranded stainless steel cables and,
embedded in the strap, is a fiber-optic strand. The strap connection point
requires special, patented tools to remove the strap from the device. With
a built-in central processing unit the device alerts the monitoring center
_ _ _ ___ _oLaRY _tamp~ring__efIv~ts. Tracker.r~Lis a battery__()per~t~d device and
does not rcquire a telephone line from the defendant, only an clectrical
outlet to charge the alternating battery.
Friendship is currently using TrackerPal in another jurisdiction and we
find that the device meets all of the Court or City's needs in maintaining
defendant accountability. .
Secure Alert has informed us that in the near future they will also make
available radio frequency surveillance for those defendants ordered to
house arrest. They are also in process of preparing to release an alcohol
sensor device.
Intake:
On referral an initial intake appointment is scheduled with the program
coordinator. A lengthy interview occurs with the defendant to elicit the
history of family, education, employment, social activities, chemical
dependency, criminal history, financial status and any other relevant
information. From this information the program coordinator may set up
a plan to work with the defendant to overcome any obstacles such as
unemployment or under-employment, need for education or training,
referral for social services or evaluations related to chemical dependency
or domestic violence. Should any of these be necessary, the use of those
services will be built in to their monitoring schedule.
Friendship Diversion Services Community Supervision Program Proposal 4
It should be noted that all defendants are informed they are to remain
drug/alcohol free while on electronic monitoring and are subject to
random breathalyzers and mouth swabs and/or urine analysis. Any
violation will be immediately reported to the Court, City Prosecutor and
defense counsel. Friendship's policy is that electronic monitoring is a
form of custody and, therefore, they must remain drug/alcohol free. If
this policy is in conflict with the Court, Friendship will modify it to
comply with the Court's jurisdiction.
Monitoring:
On completion of the intake, the program coordinator will provide a
thorough orientation to the TrackerPal device. Program coordinator will
establish any exclusion zones ordered by the Court, as well as inclusion
zones, travel routes, days and times of movement. A schedule for grocery
shopping and meeting other legitimate needs of the defendant will also be
entered. On completion of this, the device will be attached to the
defendant, who will then remain with the program coordinator until they
are assured the GPS is running and the defendant is fully cognizant of all
expected movement.
The defendant will be required to provide a work schedule, in writing;
and if the work schedule fluctuates must bring in a schedule with each
change. Defendant will be informed that the program coordinator will
independently confirm their residence address and may, from time to
time, make an appearance at their home or at their place of employment.
Reporting:
Friendship Diversion Services will provide reports on completion of the
program to the Court, City Prosecutor and defense counsel. Depending
on the Court's Order, Friendship will establish with the monitoring
center how violations will be reported. This will range from next day e-
mail to instant telephone contact with a designated staff member (usually
program coordinator). In some instances of violation Friendship will
make contact with law enforcement to report a violation that poses a risk
to another person or violation of a no-contact order and request
apprehension. Those instances will be finessed with law enforcement if
we are the successful bidder for these programs. A format for all reports
Friendship Diversion Services Community Supervision Program Proposal 5
will be agreed to by the parties and, in the instance of non-compliance,
will include the printed report from the TrackerPal.
Fees:
Defendants will pay from $12.00 to $15.00 per day for every day ordered
to electronic monitoring. Friendship will expect payment one week in
advance for each week ordered for electronic monitoring. Should the
defendant be indigent City of Port Angeles will be billed $12.00 per day
for each day ordered or for the difference between what the defendant
can pay and $12.00 per day. Indigency is determined based on the
Federal Health and Human Services guidelines.
Friendship Diversion Services Community Supervision Program Proposal 6
CITY OF
W A S H I N G T O N U.S.A.
LEGAL
DEPARTMENT DATE: September 22, 2010
William E. Bloor
City Attorney To: Janessa Hurd, City Clerk
[4531]
FROM: Holly Moore, Legal Administrative Assistant
Dennis Dickson
Sr. Assistant City RE: Friendship Diversion Services
Attorney
[4532]
Heidi L Greenwood
Assistant City Attorney
[4562]
Diana Lusby
Legal Administrative
Assistant
[4536]
Jeanie DeFrang
Legal Administrative
Assistant
[4536]
Randi Mahlum
Legal Records
Specialist
[4576]
Holly Moore
Legal Administrative
Assistant
[4530]
Attached please find a Certificate of Liability Insurance dated August 18, 2010
from Bell- Anderson Ins. This certificate should be attached to the contract the
City has with Friendship Diversion Services.
Thank you.
Attachment
Ylircti
Holly Mode
Legal Administrative Assistant
G \LEGAL\a MEMOS\MEMOS 2010\FnendshipDwersion Hurd 092210 wpd
ACORDr. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Bell- Anderson Ins. Kent C/L
P. O. Box 887
724 West Smith St.
Kent, WA 98035 -0887
INSURED
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR IµC1 DD'yy
LTR INSREI
TYPE OF INSURANCE
A GENERAL LIABILITY
INSURERS AFFORDING COVERAGE NAIC
1 INSURER A Houston Casualty Company
Friendship Diversion Services PORT ANGELES LEGAL DEPAR tipiRER B
PO Box 11215
INSURER C
Olympia, WA 98508
1 INSURER D
1 INSURER E
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE
xI
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY F7 JEC n LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS UMBRELLA LIABILITY
7 OCCUR CLAIMS MADE
DEDUCTIBLE
CERTIFICATE HOLDER
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER /EXECUTIVE YIN
11
(M t ory in NH(i EXCLUDED? I 1 H)
If yes, describe under
SPECIAL PROVISIONS below
A OTHER Professional
Liability
POLICY NUMBER
H51050350
City of Port Angeles
Attn: Dennis Dickson; City Attorney
P.O. Box 1150
Port Angeles, WA 98362
ACORD 25 (2009/01) 1 of 2 #S277347/M277345
Client 45970 FRIEDIV
RECEIVED
SEP 2 2 2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POLICY EFFECTIVE I POLICY EXPIRATION
DATE (MM /DD/YYYY) DATE (MM /DD/YYYY)
07/01/2010 07/01/2011
H51050350 07/01/2010 07/01/2011
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISF,a (Fa occurrence)
1 MED EXP (Any one person)
PERSONAL 8 ADV INJURY
GENERAL AGGREGATE
PRODUCTS COMP/OP AGG
DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
The certificate holder is additional insured for general liability, but only if required by written
contract or written agreement per the endorsement CJ111 0109 form to follow from the company.
This cancels and replaces certificate issued on 08/11/2010.
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
AUTO ONLY EA ACCIDENT
OTHER THAN
AUTO ONLY
EACH OCCURRENCE
AGGREGATE
WC TATU
TORY S 1 IMITS
E L EACH ACCIDENT
LIMIT
EA ACC
AGG
OTH-
FR
E L DISEASE EA EMPLOYEE
E L DISEASE POLICY LIMIT
$1,000,000 Ea. Occur.
$2,000,000 Aggregate
$5,000 Deductible
DATE (MM /DD/YYYY)
08/18/2010
$1.000.000
$100.000
$1.000
$1.000.000
$2.000.000
$2.000.000
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL AS DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
1988 -2009 ACORD CORPORATION All rights reserved
The ACORD name and logo are registered marks of ACORD JRS1
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon
ACORD 25 (2009/01) 2 of 2 #S277347/M277345
IMPORTANT
DISCLAIMER
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement effective 07/01/10
Issued To: Friendship Diversion Services, Inc.
forms a part of Policy H5 -10 -50350
ADDITIONAL INSURED DESIGNATED
PERSON-OR ORGANIZATION
This endorsement modifies insurance provided under the following:
CRIMINAL JUSTICE SYSTEM OPERATIONS LIABILITY POLICY
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
City of Port Townsend City Attorney, 250 Madison Street, Suite #2, Port Townsend, WA
98368
Ciailam County Prosecuting Attorney, 223 E. 4 St, Suite. 11, Port Angeles, WA 98362
Kitsap County Prosecutor, Civil Division, 614 Division, Port Orchard, WA 98368
Jefferson County Prosecutor, Jefferson County Courthouse, 1820 Jefferson, Port Townsend,
WA 98368
Mr. Jim Emacio, Chief Civil Deputy of Spokane, 1115 W. Broadway, Spokane, WA 99201
Yakima County Prosecutor, Attn: Mr. Ron Zirkle, Yakima County Courthouse, 128 N. 2" St., Yakima, WA 98901
City of Port Angeles, Attn: Dennis Dickson, City Attorney, PO Box 1150, Port Angeles, WA 98362
Clallam County Jail Superintendent, Attn: Ron Sakert, 223 E. 4 St., Suite 12, Port Angeles, WA 98362
Town of Glg Harbor, Attn: Paul Nelson, Court Administrator, 3510 Grandview St., Glg Harbor, WA 98335
Grant County, Attn: Mr. D. Angus Lee, Prosecuting Attorney, PO Box 37, Ephrata, WA 98823
Thurston County, Attn: Ed Holm, County Prosecutor, 2000 Lakeridge Dr., Olympia, WA 98502
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
SECTION I1 WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability caused, in whole or in part, by you or
those acting on your behalf:
1. In the performance of your ongoing operations; or
2. in connection with your premises owned by or rented to you.
CJ111 -0109
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1
with its permission.
Heidi L. Greenwood
Assistant City Attorney
[4562]
Diana Lusby
Legal Administrative
Assistant
[4536]
Randi Mahlum
Legal Records
Specialist
[4576]
Holly Moore
Legal Administrative
Assistant
[4530]
W A S H I N G T O N , U.S.A.
LEGAL
DEPARTMENT DATE: September 9, 2009
William E. Bloor
City Attorney To: Janessa Hurd, City Clerk
[4531]
FROM: Dennis C. Dickson, Sr. Assistant City Attorney
Dennis Dickson
Sr. Assistant City RE: Friendshin Diversion Services
Attorney
[4532]
Attached please find a Certificate of Liability Insurance dated July 31, 2009 from
Bell- Anderson Ins. This certificate should be attached to the contract the City has
with Friendship Diversion Services.
Thank you.
1"
Jeanie DeFrang i ii
Legal Administrative y
Assistant �llenms C. Dickson
[4536] Sr. Assistant City Attorney
Attachment
DCD:hm
G \LEGAL\MEMOS\MEMOS 2009\FnendshipDwersion Hurd 090909 wpd
ACORD., CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Bell- Anderson Ins. - Kent C/L
P. O. Box 887
724 West Smith St.
Kent, WA 98035 -0887
INSURED
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSn HAI Li
LTR INSRO
A GENERAL UABILITY HSO850123
GEN'L AGGREGATE LIMIT APPLIES PER
X I POLICY n PR n LOC
AUTOMOBILE LIABILITY
CERTIFICATE HOLDER
INSURERS AFFORDING COVERAGE
INSURERA Houston Casualty Company
Friendship Diversion Services INSURER 8
PO Box 11215 ' 4t itLt:; LEGAL 1 - 1 EP Ak ' WE 4 SURER C
Olympia, WA 98508
TYPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE X 1 OCCUR
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS /UMBRELLA LIABILITY
n OCCUR n CLAIMS MADE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER /EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
A OTHER Prof Liab HSO850123
DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
The certificate holder is additional insured for general liability, but
only if required by written contract or written agreement per the
attached endorsement # CJ111 0109
City of Port Angeles
Attn: Dennis Dickson, City Attorney
P.O. Box 1150
Port Angeles, WA 98362
ACORD 25 (2001/08) 1 of 2 #S230201/M230197
Client#: 45970 FRIEDIV
RECEIVED
CEP -
POLICY NUMBER
07/01/09
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURER D
INSURER E
P ATE (MM /0D/YY1 1 POLICY DA EXPIRATION
E (MM/OD/YY1
07/01/09 07/01/10
AUTHORIZED REPRESENTATIVE
CJL
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
1 AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY
EACH OCCURRENCE
AGGREGATE
LIMITS
EA ACC
AGG
I Tf1RY I MITR I I
E L EACH ACCIDENT
E L DISEASE - EA EMPLOYEE
E L DISEASE - POLICY LIMIT
07/01/10 $2,000,000
$5,000 deductible
$2.000.000
5100.000
$1.000
52.000.000
s4.000.000
s4.000.000
DATE (MM/DD/YYYY)
07/31/09
NAIC #
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3(1 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES
O ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer nghts to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
ACORD 25 (2001/08) 2 of 2 #S230201/M230197
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement # 1 effective 07/01/09
Issued To: Friendship Diversion Services, Inc.
This endorsement modifies insurance provided under the following:
CRIMINAL JUSTICE SYSTEM OPERATIONS LIABILITY POLICY
forms a part of Policy # H5-08 -50123
GENERAL CHANGES ENDORSEMENT
This policy is amended where indicated by an ® below.
❑ Additional Insured: The inclusion of these additional insureds shall not operate to increase the limits of insurance
afforded by this policy.
An additional insured is added to form CJ111 (01/09):.
City of Port Angeles, Attn: Dennis Dickson, City Attorney, PO Box 1150, Port Angeles, WA
98362
Clallam County Jail Superintendent, Attn: Ron Sakert, 223 E. 4th St., Suite 12, Port
Angeles, WA 98362
The following additional insured is deleted:
❑ Deductible: The deductible is amended to read
❑ Retroactive Date: The Retroactive Date shown on the Declarations is amended to read
❑ Effective Date: The policy effective date is amended to read
❑ Expiration Date: The policy expiration date is amended to read _.
• Forms: The following form(s) are added to the policy:
CJ116 (01/09) — Additional Insured - Lessor
The following form(s) are deleted from the policy:
❑ Mailing Address: The mailing address is amended to read as follows:
❑ Name of Insured: The Named Insured is amended as follows:
❑ Locations: The following location(s) are added to the policy
The following location(s) are deleted from the policy:
❑ Premium: The premium shown on is amended as follows
Details Section: (This section describes changes that are applicable to the selections above)
PRODUCER CODE:
PRODUCER NAME: Pinnacle Underwriting Partners
Total Additional Premium: $O
Total Return Premium: SO
S
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CJ118 -4109 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement # effective 07/01/09
issued To Friendship Diversion Services. Inc
forms a part of Pc hcy # H5 -08 -50123
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following
CRIMINAL JUSTICE SYSTEM OPERATIONS LIABILITY POLICY
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
City of Port Townsend — City Attorney, 250 Madison Street, Suite #2, Port Townsend, WA
98368
Clallam County Prosecuting Attorney, 223 E 4th St, Suite 11. Pot Angeles, WA 98362
Kitsap County Prosecutor, Civil Division, 614 Division, Port Orchard, WA 98368
Jefferson County Prosecutor, Jefferson County Courthouse, 1820 Jefferson, Port Townsend,
WA 98368
Mr. Jim Emacio, Chief Civil Deputy of Spokane, 1115 W Broadway, Spokane, WA 99201
Yakima County Prosecutor, Attn Mr. Ron Zirkle, Yakima County Courthouse, 128 N 2' St , Yakima, WA 98901
Information required to complete this Schedule, if not shown above, will be shown in the Declarations
SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability caused in whole or in part, by you or
those acting on your behalf:
1. In the performance of your ongoing operations, or
2. In connection with your premises owned by or rented to you.
CJ111 -0109
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED
Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1
with its permission
LEGAL
DEPARTMENT
William E. Bloor
City Attorney
[4531 ]
Dennis Dickson
Sr Assistant City
Attorney
[4532]
Heidi L. Greenwood
Assistant City Attorney
[4562]
Candace Kathol
Paralegal
[4536]
Diana Lusby
Legal Administrative
Assistant
[4530]
Jeanie DeFrang
Legal Administrative
Assistant
[4530]
Randi Felton
Legal Records
Specialist
[4576]
<I. 584'
DO' RiT" A liNG'~ IE'lE1S
i~!1 ~'_'.~ :.ft: ; I J.r~li !~.lli ~.
__~~ ~ J ~"'
WAS H I N G TON, U. S. A.
DATE: July 14,2008
To:
Becky J. Upton, City Clerk
FROM: Dennis C. Dickson, Sr. Assistant City Attorney
RE:
Friendship Diversion Services
Attached please find a Certificate of Liability Insurance dated July 11,2008 from
Bell-Anderson Ins. This certificate should be attached to the contract the City has
with Friendship Diversion Services.
Thank you.
b
ennlS C. Dickson
Sr. Assistant City Attorney
Attachment
DCD:dl
G ILEGALIMEMOS 2008\Fnendshlp DiverSion Upton 071408 wpd
I
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 41. ~~ DATE (MMlDDIYYVY)
-.. 07/11/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bell-Anderson Ins. - Kent C/L ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 887 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
724 West Smith 51.
Kent, WA 98035-0887 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Colony Insurance Company
Friendship Diversion Services INSURER B
PO Box 11215 INSURER C
Olympia, WA 98508 INSURER D
INSURER E
\';lIenm:" 4:)~[U
t'KIt:UIV
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR INSR[ TYPE OF INSURANCE POLICY NUMBER PJ>I~~1:~;g8~IE p~~fJI~~~~N LIMITS
A GENERAL LIABILITY /JA964085 07/01/08 07/01/09 EACH OCCURRENCE S2 000.000
- DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY s100 000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) 51 000
$5,000 deductible PERSONAL & ADV INJURY s2 000 000
-
per occurrence GENERAL AGGREGATE 52 000 000
-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COM~OPAGG 54 000.000
"I n PRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- 5
ANY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
S
SCHEDULED AUTOS (Per person)
~
HIRED AUTOS BODILY INJURY
I-- 5
NON-OWNED AUTOS (Per aCCIdent)
~
I-- PROPERTY DAMAGE S
(Per aCCIdent)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S
RANY AUTO OTHER THAN EA ACC 5
AUTO ONLY AGG 5
~ESS/UMBRELLA LIABILITY EACH OCCURRENCE 5
OCCUR D CLAIMS MADE AGGREGATE S
5
==i DEDUCTIBLE S
RETENTION $ S
WORKERS COMPENSATION AND I T~2yS~~~s I IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $
If yes descnbe under
SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT S
A OTHER Professional IJA964085 07/01/08 07/01/09 $2,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
The certificate holder is additional insured for general liability, but
only if required by written contract or written agreement per the
attached endorsement # CJ 111 0108.
CERTIFICATE HOLDER
CANCELLATION
City of Port Angeles
Attn: Dennis Dickson, City Attorney
P.O. Box 1150
Port Angeles, WA 98362
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL --30..... DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001/08) 1 of 2
#S185528/M185524
@ ACORD CORPORATION 1988
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement # effective 7/1/08
Issued To: Friendship Diversion Services
forms a part of Policy # CJ 1 00040
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
CRIMINAL JUSTICE SYSTEM OPERATIONS LIABILITY POLICY
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
City of Port Townsend - City Attorney, 250 Madison Street, Suite #2, Port Townsend, WA
98368
Clallam County Prosecuting Attorney, 223 E. 4th St, Suite 11, Port Angeles, WA 98362
Kitsap County Prosecutor, Civil Division, 614 Division, Port Orchard, WA 98368
Jefferson County Prosecutor, Jefferson County Courthouse, 1820 Jefferson, Port Townsend,
WA 98368
Mr Jim Emacio, Chief Civil Deputy of Spokane, 1115 W. Broadway, Spokane, WA 99201
Yakima County Prosecutor, Attn: Mr Ron Zirkle, Yakima County Courthouse, 128 N. 2nd St., Yakima, WA 98901
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability caused, in whole or in part, by you or
those acting on your behalf:
1. In the performance of your ongoing operations, or
2. In connection with your premises owned by or rented to you.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CJ111-0108
Includes copyrighted material of Insurance Services Office, Inc.
with its permission.
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