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HomeMy WebLinkAbout5.1098 Original ContractCity of Port Angeles EHD Program City of Port Angeles Record #000513 This Supplement to the December 13, 2012 contract between the City of Port Angeles, a municipal corporation of the State of Washington, (the City), and the Friendship Diversion, a Non Profit Corporation (Friendship) is to ensure the mutual understanding of all parties regarding the City's Electronic Home Detention (EHD program). Scope of this Agreement: This agreement sets forth the policies and procedures that govern the City's EHD program administered by Friendship pursuant to the Port Angeles Chief of Police's authority in Port Angeles Municipal Code Chapter 9.02. The City wishes to reduce its jail costs and jail population of non violent misdemeanor offenders. The Clallam County District Court and Clallam County Sheriff have both stated that any offender serving a sentence is eligible for EHD absent a specific finding by the Court. Procedures: The City Attorney's will daily review the City's jail population and using the screen criteria attached as Exhibit A, will compile a list of potential EHD candidates. This screening criteria list may change depending on the needs of the City and the success of the program. The City will consult with Friendship prior to adding or subtracting items from the screening criteria. After compiling the list of potential EHD candidates, the City Attorney's Office will submit the list to the Port Angeles Police Department for review and concurrence. Once the Port Angeles Police Department concurs, the City Attorney's Office will forward the list to Friendship. Friendship will arrange to screen the candidates using their eligibility screening form attached as Exhibit B. Friendship may change its screening criteria depending on the needs of Friendship and the success of the program. Friendship will consult with the City prior to adding or subtracting items from the list. Friendship is free to accept or reject any potential EHD candidate for any lawful reason. Friendship will clearly describe to the candidates the EHD program and ensure that any individual placed on EHD will understand the rules and restrictions of the program. Friendship will also interview the candidates in regards to their ability to pay for EHD and use their established guidelines to request payment from the candidates. Financial hardship will not be a disqualifier, however, and Friendship will contact the City for financial contributions per the City's December 13, 2010 contract with Friendship. Violation Procedures: Should an offender commit a minor violation his or her EHD contract, Friendship shall contact the City. The City will then review the violation for possible booking back into the Clallam County jail. Minor violations may include, but are not limited to: any failed UAs, leaving EHD area without permission, filing of new criminal charges against the offender, and /or issuance of a warrant for the offender. If the violation is serious, Friendship shall immediately return the offender to the Clallam County jail. Serious violations may include, but are not limited to: failing to respond to Friendship attempts to communicate with the offender, allowing the device to discharge, absconding, and /or removing or tampering with device. If the violation involves removing or tampering with the device and absconding, Friendship shall contact the Port Angeles Police Department and file a criminal report. The City Attorney's office will then review the report for the appropriate charging. By signing below, the parties agree to follow these procedures. These procedures may be changed upon the recommendation of either party with the concurrence, in writing of the other party. FRIENDSHIP DIVERSION SERVICES CITY OF PORT ANGELES Title: J er v k rc w Date Title: VY1Gria g er Date: 4 44 a EXHIBIT A CITY OF PORT ANGELES SCREENING CRITERIA The following will disqualify any jail inmate from participating in the City's electronic home detention (EHD) program: 1. Offender subject to bail on another jurisdiction case 2. Offender serving a sentence for another jurisdiction 3. Clallam County District Court specific written finding that denies EHD for this offender. 4. Any conviction for a sex offense within the last ten (10) years 5. Any Class A felony conviction a. Murder 1 or 2 b. Assault 1 6. Any conviction for one or more of the following in the last ten (10) years a. Burglary b. Arson c. Assault 2 or 3 d. Robbery e. Rape f. Kidnapping 7. Any escape conviction 8. Any domestic violence conviction or open domestic violence case absent a current no contact order 9. Less than three (3) days to serve 10. Serving mandatory time for a DUI, following mandatory time, offender may be eligible for EHD 11. Serving mandatory one day for marijuana or paraphernalia, following mandatory time, offender may be eligible for EHD 12. No stable address 13. Regular patter of failure to appear warrants (three more non pay -or- appear warrants in the last two years 14. Significant violent criminal history (three or more violent offenses whether felonies or misdemeanors in the last seven years) 15. Pre -trial bail over $7500 16. Physical limitation on wearing the EHD bracelet, such as swollen limbs Offenders with employment, significant probation time, or health issues are likely EHD offender candidates. Friendship Diversion Services Mailing Address: i public 1'ene fit corporation 522 East 8th Street Port Angeles, Washington 98362 -6222 Phones: (360) 417 -2193 FAX (360) 417 -2865 (877) 417 -2193 clallam @friendshipdiversion.prg Name: Date: EHM SCREEN FOR ELIGIBILITY Cause Office Location: 522 East 8th Street Port Angeles, Washington 98362 Barbara E. Miller Executive Director Ronnie Wuest Deputy Director Joe Abandonato Branch Manager )IS /SCOMIS Check INELIGIBLE for EHM if, as of today's date, the defendant has an active warrant. Warrant Check Completed: Yes/ No DEFENDANT INTERVIEW (If the defendant answers "NO" to any of the following they are not eligible for EHM with this office) Does the defendant agree to remain in compliance with all aspects of their EHM Agreement with this office? If the defendant is responsible for the daily fee does he /she agree to pay the fee as per the payment schedule? Does the defendant agree to abide by all local, state and federal laws and maintain compliance with all court matters? Will the defendant maintain a residence during their sentence on EHM? Does the defendant agree not to damage the device and /or accessories? Will the defendant maintain electrical power? Does the client agree to charge the device? Does the defendant agree not to make ANY unapproved stops? Does the defendant agree not to leave their home unless pre- approved by Friendship staff, unless it is a unique, verifiable emergency? Does the defendant agree to the Drug Screening Policy? If on VICAP, def the defendant agree to supply a basic phone line? First Amendment To the Professional Service Contract Between City of Port Angeles and Friendship Diversion Services This amendment is entered into this ,9/ H of J-I4 2011 by and between the City of Port Angeles "City and Friendship Diversion Services "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, Transdermal Alcohol Monitoring, ViCap, Day Reporting, Community Service Coordination, and Pre Filing Diversion on December 20, 2010. 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 services provided for in the Agreement. 3. Paragraph 2 of the Agreement is amended to read as follows: The CONTRACTOR shall provide Electronic Home Monitoring, Transdermal Alcohol Monitoring, ViCap, Day Reporting, Community Service Coordination, Pre Filing Diversion, and Post Filing Diversion services for the City. A detailed description of the services is set forth in Attachments "A," "13," and "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: 1 6,I DW As it is an optional program, all costs of the Post Filing Diversion program shall be assessed to the offender. The CITY will not reimburse the CONTRACTOR for the costs of the Post Filing Diversion program. 5. All other terms of the Agreement remain unchanged. All terms of the Agreement that apply to the Electronic Home Monitoring, Transdermal Alcohol Monitoring, ViCap, Day Reporting, Community Service Coordination, and Pre Filing Diversion including, but not limited to, the Hold Harmless and Indemnification, Termination, and Insurance provisions shall apply to the Post 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 Manager Date: APPROVED AS TO FO William E. Bloor, City Attorney ATTEST: iittettdit546A1 Date: J, h ssa Hurd, City Clerk egal_ Backup \AGREEMENTS &CONTRACTS\2009 Agrmts &Contracts\Fnendship Diversion Amendment 041309.doc 2 COMMUNITY SUPERVISION PROGRAM CITY OF PORT ANGELES SCOPE OF WORK Section 1: Day Reporting Program ATTAQHMENT "A" 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 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 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 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. Staff will 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, 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. p ortingj 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. We also maintain in our office both I- 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, 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 3 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 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 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 weII 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. Renortin2: 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 $17.50 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 $13.50 per day for each day ordered or for the difference between what the defendant can pay and $13.50 per day. Indigency is determined based on the Federal Health and Human Services guidelines. Section 3: Community Service Supervision Referrals: Upon Order for Community Service, City will provide Friendship with a copy of the Court Order establishing number of hours of community service to be performed and its deadline. Friendship enters this information into their database including deadlines for completion. If defendant fails to initiate contact to set up community service, or in the event the defendant fails to complete within the ordered time line, a notice will be provided to the Court, City Prosecutor and defense counsel advising same. Intake: On contact from the defendant an intake appointment is scheduled. Basic information is gathered. An explanation of expectations for performing community service, reporting hours and fees assessed are all reviewed. Defendants are provided a list of acceptable community service sites with directions for contacting the agencies. Follow up appointments are scheduled so participants can turn in timesheets and meet with staff. Fees: 1— 50 hours 25.00 51 -100 hours 50.00 101 -200 hours $100.00 201 -500 hours $200.00 Payment arrangements are made with defendant at intake. Friendship Diversion Services Community Supervision Program Proposal 6 Reporting: On successful completion staff will verify with community service site(s) supervisors confirming the actual number of hours completed, satisfactory performance and overall quality of work. In the event the particpant does not perform required hours, falsifies timesheets or fails to comply, notice will be provided to the appropriate parties. Section 4: Alcohol Monitoring Friendship provides alternative methods of monitoring for consumption of alcohol by defendants who are required to remain drug free. They are as follows: Vicap units manufactured by G4S. These units require a landline and testing is performed up to 4 times per day based on a schedule establish by the case manager. Device also has a RE' capacity. Defendants will pay 510.00 /day for this unit and, in the event of indigency, City of Port Angeles will be billed up to $7.50 /day or the difference between what the defendant can pay and $10.00 /day, not to exceed $7.50 /day. Scram. This is a transdermal alcohol testing ankle bracelet and may make use of a landline or, alternatively, the participant will come into our office at least weekly to download the history. This device tests every 30 minutes for presence of alcohol. Defendants will pay $15.00 /day for this unit and, in the event of indigency, City of Port Angeles will be billed $12.00 /day or the difference between what defendant can pay and $15.00 /day, not to exceed $12.00 /day. MEMS. Another alcohol monitoring device that requires the participant to blow into a tube. This device can either be used as a landline connection or a cellular connection (cell is built in). As with the Vicap, this device also would be tested on a schedule established by the case manager with up to 10 tests per day. Cost for this device is the same as set forth above for Vicap. Friendship Diversion Services Community Supervision Program Proposal 7 ATTACHMENT "B" CITY OF PORT ANGELES PRE FILE DIVERSION 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 County Prosecutor or 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 3 to 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, workshops and educational classes specific to the offense type, community service, and for DWLS work on re- licensing. Workshops can include, but are not limited to: Theft Awareness, Budgeting, Anger Management, Traffic Safety and Alcohol Drug Information School. 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 $225. Standard payment arrangements are $75 down payment at the time of signing an agreement, and monthly payments of $75 until the fee is paid in full. If situations dictate, alternative payment arrangements can be made and additional monthly fees may be assessed for those cases lasting beyond three months. Monitorinz: Staff will review JIS monthly for new law violations. Any new law violations will be reported to the County Prosecutor or 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 County Prosecutor or 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 provided in writing to the County Prosecutor or 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 County Prosecutor or City Attorney's Office. Friendship Diversion Services Pre File Diversion Scope 2 GOAL: Provide the community a supervised alternative to expensive criminal justice processes for adult, nonviolent offenders who are referred by the City or County Prosecutor's Office. Friendship supervises individuals referred from the Prosecutor to assure they comply with conditions established by the program, either post charge defendants or persons in pre charge status. These conditions include payment of victim restitution, payment of a supervision fee, community service and other conditions as may be established at the intake of each individual. Upon completion of the diversion program, defendants will not have a criminal conviction, which would impede their future. OBJECTIVES: NEED STATEMENT: Intake: ATTACH%9ENT "C" FRIENDSHP DIVERSION PROGRAM POST CHARGE DIVERSION 1) Implementation of individualized service plans for all referrals for the period through December 31, 2014, renewable by agreement of the parties. 2) Compile and submit required program reports /data. 3) Monitor defendant's program compliance including completion of assigned community service hours, payment of victim restitution and supervision fee as well as other conditions as assigned. 4) Cost Recovery: (a) victim restitution, (b) court fees, and (c) client participation fee. All defendants are referred from the Court system by agreement of the City Prosecuting Attorney's Office. Defendants are provided with instructions to contact Friendship by a designated date. Case file information is transmitted to Friendship from the Prosecutor's Office. Supervision of diversion clients is usually for one to two years for district court cases; however, some cases may be established for shorter or longer periods, depending upon the amount of victim restitution and the client's ability to pay and treatment recommendations. By referring selected cases to Friendship that have historically been found to be manageable and successful, the Prosecutor's office saves substantial time and dollars which it can use in the pursuit of the growing numbers of serious offenders within our community. Defendants who remain in the community on diversion, paying restitution to their victims, paying a supervision fee to support Friendship and reduce criminal justice costs and provide volunteer services to community agencies enhances the benefits of this program. Defendants are seen by appointment by a case manager as soon as possible. The Intake interview includes: Explanation of program purpose, expectations and conditions of program Review of Court documents. Completion of client Release of Confidentiality Form. Gathering of client information and assessment of client needs. Defendant Agreement and Program Conditions: A written individualized program contract is prepared by Friendship staff in writing and a copy is provided `to the defendant, as well as to the prosecutor's office and defense counsel. Standard Conditions: 1. Report in person and by telephone, mail or email throughout the contract term. Participants that complete required treatment and conditions move to a telephone reporting schedule after the first quarter of their contract. 2. Complete assigned community service hours at any nonprofit community agency, school, government office, if assessed by case manager. All community service work is verified by phone with the supervisor of such agency. 3. Obtain any necessary evaluations regarding substance abuse, domestic violence or anger management. Strict and full compliance and completion of any recommended treatment. Any additional treatment components will be monitored by Friendship Staff, including but not limited to: consumer awareness, budget workshops, social skills workshops or referrals to other community resources for housing, food, education or employment skills. 4. Pay diversion program fee (payment plan available). The program fee is determined by Friendship staff after the defendant intake and financial review. 5. Pay assigned victim restitution (pursuant to monthly payment plan) by money order only submitted through Friendship. (Note: In some cases restitution may not be resolved at the time the defendant signs the contract. In the event the defendant disagrees with the amount of restitution, the decision will be referred to the prosecutor's office for resolution. 6. Report within at least 24 hours any arrests, citations and /or changes in address, phone, employment, marital status. 7. Pay the court filing fee by delivering a money order or other acceptable payment to Friendship made payable to the County Clerk 8 Unless restricted by Court Order, defendant is directed to notify Friendship Staff if they plan to leave the state for vacations, holidays or any other event. Contact information must be provided. 9. Obey all Federal, State and local laws. 10. Not own, possess, use and /or sell any controlled substances, or any illegal drugs, including marijuana, unless a valid prescription is provided. 11. Modification of initial terms would occur if the defendant needs a longer period of time in which to complete payment of restitution or fees; or in the event restitution is established after the original contract is signed requiring more time. Other modifications would occur only as a result of defendant's failure to comply and subsequent reinstatement through the Prosecutor's office with consent of defense counsel. Counselina: Referral for private counseling services will only occur when the client is able to afford same, or if specific services are available in the community at little or no cost. Program staff will work with defendants to resolve problems and address solutions throughout the course of the program. Required treatment for drug /alcohol abuse, anger management or domestic violence must be initiated within 10 days of signing an agreement. Non /Compliance /Reinstatement: Non compliance and referral back to the prosecutor's office will occur as follows: Defendants are notified of their non compliance, in writing, If there is not a response to the letter results in written notification to the prosecutor's office referring the case back for disposition. Defendants may be reinstated at the discretion of the prosecutor's office. In the event of termination, the victim is also notified. Proaram Completions: Upon successful completion of the diversion program, program staff submit a completion letter to the Prosecuting Attorney recommending dismissal or amendment of the charge with copies to the client and the client's attorney. Referral Projections: This program has the capability to serve over two hundred referrals per year. However, the actual number of referrals are at the discretion of the Prosecutor's office. Internal Fiscal Controls: Friendship's books and records are reviewed at least annually by a certified public accountant. LEGAL DEPARTMENT William E. Bloor City Attorney [4531] Dennis Dickson Sr. Assistant City 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] OR T NGELJES 1 f W A S H I N G T O N U.S.A. TO: Janessa Hurd, City Clerk FROM: Dennis C. Dickson, Sr. Assistant City Attorney DATE: December 22, 2010 RE: Friendship Diversion Services Contract Attached please find the original Friendship Diversion Services Contract. G \LEGAL \a MEMOS\MEMOS 2010\Hurd FnendshipDrversion wpd 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, WA 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 Reporting, 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, 2012. 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, Transdermal Alcohol Monitoring, ViCap, Day Reporting, Community Service Coordination, and Pre Filing Diversion 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. 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. Citv's Oblieations. 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, WA 98508 Phone: (360) 357 -8021 FAX: (360) 357 -9149 Local address: 212 East Fifth Street Port Angeles, WA 98362 -5801 Local phone: (360) 417 -2193 City: Kent Myers, City Manager, or his designee City of Port Angeles P.O. Box 1150, 321 East Fifth Street Port Angeles, WA 98362 -0217 Phone: (360) 417 -4500 FAX: (360) 417 -4509 -2- 5. Comnensation. 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, 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. There is no fee charged to City for Community Service Coordination. All costs associated with the Pre Filing Diversion program shall be assessed to and bourne by the offender. 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 of the Contract. Provided, however, that the CONTRACTOR' s obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the 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 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 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. 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. -4- 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 of this 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. Contractor may destroy the physical files of those offenders who successfully complete their term of monitoring after 30 days unless otherwise required by law. 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. 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. -5- 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 $1 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. Severabilitv. 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. Headines. 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. 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 Emnlovment. This Contract is not an exclusive services agreement. CONTRACTOR may take on other professional assignments while completing those service set forth herein. -6- 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 Aereement. 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. DATED this yD day of December, 2010 FRIENDSHIP DIVERSION SERVICES By By: Dent Myers, Ci(lanager Date: Date: 1.2/131A10 CITY OF PORT ANGELES Attest: 1 G \LEGAL\a AGREEMENTS &CONTRACTS\2010 Agrmts&Contracts\Fnendship Diversion Services 113010 wpd (12/2/10) Aledari4 ssa Hurd, City Clerk Approved as to William E. Bloor, City Attorney COMMUNITY SUPERVISION PROGRAM CITY OF PORT ANGELES SCOPE OF WORK 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 when 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 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 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. Staff will 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, 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. Reporting_ 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. We also maintain in our office both I- 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, 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 3 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 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 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. Monitorinu: 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 $17.50 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 $13.50 per day for each day ordered or for the difference between what the defendant can pay and $13.50 per day. Indigency is determined based on the Federal Health and Human Services guidelines. Section 3: Community Service Supervision Referrals: Upon Order for Community Service, City will provide Friendship with a copy of the Court Order establishing number of hours of community service to be performed and its deadline. Friendship enters this information into their database including deadlines for completion. If defendant fails to initiate contact to set up community service, or in the event the defendant fails to complete within the ordered time line, a notice will be provided to the Court, City Prosecutor and defense counsel advising same. Intake: On contact from the defendant an intake appointment is scheduled. Basic information is gathered. An explanation of expectations for performing community service, reporting hours and fees assessed are all reviewed. Defendants are provided a list of acceptable community service sites with directions for contacting the agencies. Follow up appointments are scheduled so participants can turn in timesheets and meet with staff. Fees: 1— 50 hours 25.00 51 -100 hours 50.00 101 -200 hours $100.00 201 -500 hours $200.00 Payment arrangements are made with defendant at intake. Friendship Diversion Services Community Supervision Program Proposal 6 Reporting: On successful completion staff will verify with community service site(s) supervisors confirming the actual number of hours completed, satisfactory performance and overall quality of work. In the event the particpant does not perform required hours, falsifies timesheets or fails to comply, notice will be provided to the appropriate parties. Section 4: Alcohol Monitoring Friendship provides alternative methods of monitoring for consumption of alcohol by defendants who are required to remain drug free. They are as follows: Vicap units manufactured by G4S. These units require a landline and testing is performed up to 4 times per day based on a schedule establish by the case manager. Device also has a RF capacity. Defendants will pay $10.00 /day for this unit and, in the event of indigency, City of Port Angeles will be billed up to $7.50 /day or the difference between what the defendant can pay and $10.00 /day, not to exceed $7.50 /day. Scram. This is a transdermal alcohol testing ankle bracelet and may make use of a landline or, alternatively, the participant will come into our office at least weekly to download the history. This device tests every 30 minutes for presence of alcohol. Defendants will pay $15.00 /day for this unit and, in the event of indigency, City of Port Angeles will be billed $12.00 /day or the difference between what defendant can pay and $15.00 /day, not to exceed $12.00 /day. MEMS. Another alcohol monitoring device that requires the participant to blow into a tube. This device can either be used as a landline connection or a cellular connection (cell is built in). As with the Vicap, this device also would be tested on a schedule established by the case manager with up to 10 tests per day. Cost for this device is the same as set forth above for Vicap. Friendship Diversion Services Community Supervision Program Proposal 7 PRODUCER Bell- Anderson Ins Renton C/L 600 SW 39th Street, Suite 200 Renton, WA 98057 425 291 -5200 INSURED A GENERAL LIABILITY H51150538 07/01/2011 07/01/2012 COMMERCIAL GENERAL LIABILITY A ACORD., CERTIFICATE OF LIABILITY INSURANCE CLAIMS MADE GARAGE LIABILITY ANY AUTO CERTIFICATE HOLDER Client 45970 Friendship Diversion Services, Inc. PO Box 11215 Olympia, WA 98508 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY n PRO JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS EXCESS UMBRELLA LIABILITY OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AANNY CPROPRIIET (Mandatory in NH) EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER Professional Liability H51150538 FRIEDIV INSURERS AFFORDING COVERAGE 1 INSURERA Houston Casualty Co 1 INSURER B (INSURER C 1 INSURER D 1 INSURER E 07/01/2011 07/01/2012 $1,000,000 Occurance $2,000,000 Aggregate $5,000 Deductible 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. City of Port Angeles Attn: Dennis Dickson; City Attorney P.O. Box 1150 Port Angeles, WA 98362 ACORD 25 (2009/01) 1 of 2 #S336128/M334649 EACH OCCURRENCE DAMAGE TO RENTED PRFMISFS (Fa nccurrwnrpl 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 1 EA ACC I AGG 1 (EACH OCCURRENCE 1 AGGREGATE OTHER THAN AUTO ONLY I I TORY I MITS I IOFR E L EACH ACCIDENT E L DISEASE EA EMPLOYEE E L DISEASE POLICY LIMIT DATE (MM/DD /YYYY) 7/12/2011 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. NAIC 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 I N LTR INSRI TYPE OF INSURANCE I POLICY NUMBER I DATE ((MM/DD/YYYYI I DATE MM/DD/YYYY1I LIMITS $1 .0 0 0.0 0 0 $1.000 $1.000.000 $2.000.000 $2.000.000 CANCELLATION 10 Days for Non Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL an 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 AUMUS 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PLJ 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 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 #S336128/M334649