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HomeMy WebLinkAbout5.437 Original Contract -:.i~"w ,(", .', ;: '{ ..-T:- ,,;j,;IO l~\~:-"l '. , J _ ..f _ ~~ ~A\ ..'-;:. '--_"': . _-: ,_.. ~;:f1~7~~"~'\' ;~ ~~:~ .... ":,.-.. " ~ -: ~ , :;~;~:~5~f::: ~ 5.1:3 7 '-, !{ ,',~ :.~: ~ ,I ~"_~'_:~,~,,~_,~,:t' ':, r-~, : l',~: ~~.~~ ~~~f; ;~',-, ," .',." "",i";i~'.f& ~ -: '. z _ . "..,l ~~ .~,~:-~.. ! ~<,~ 't;':.r~ :~ "'ji~"'.~.J'o"/"':":~.:',_':..:,_ ,'~ , -';?.:.i' f ..~ .-it.......~ ': ":,{,". . ,- ":';}'~ :' t~~:~:~~~ r~~:7:.',:, ~-i~~:~ " 1 .5TI-FE ::~o f-rr~rr.; 'Ci3'l'i;?:/~' ~~~:;' . ,- . :;'')-iih..,-. ,,: t. - _~.':' _-.~~" _ -/;1'\,. " '" ./::Dii : '~7iM:, (~06-lziii:;t;i(, - -.- ~ '..~:"'^' / ~' r" f ~.<f1:'f....: ", :~;. . . . - , " , 5, </.3 7 ,:. ... W ASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS .- ELECTRONIC MONITORING AGREEMENT THIS AGREEMENT, made and entered into by and between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS, hereinafter referred to as "WASPC", and THE CITY OF PORI' ANGELES, WASHINGI'ON , hereinafter referred to as" CITY OF PA " WITNESSETH: WHEREAS, CITY OF PA desires to have certain services performed as hereinafter set forth requiring specialized skills and other supportive capabilities; and WHEREAS, W ASPC represents that it possesses sufficient skills and necessary capabilities to perform the services set forth in this Agreement; NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance, contained herein, the parties hereto agree as follows: I. SERVICES: W ASPC shall perform services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance, as are identified and designated as W ASPC responsibilities throughout this A..greement and as detailed in Exhibit A attached hereto and made a part hereof. ll. TERM OF AGREEMENT, T&RMINATION, DURATION, AND RENEWAL: The term of this Agreement is for one year (unless terminated as provided herein) from the effective date of the Agreement. The term of this Agreement and performance of W ASPC shall commence upon execution of the Agreement by both parties. This Agreement term, its conditions, and authorized amendments are renewed automatically for succeeding periods of one year each on the anniversary of its original effective date unless termination procedures are followed. This Agreement may be terminated by mutual agreement between the parties hereto or by 60 day written notice by either party. In the event of any termination of this Agreement, both parties agree that this Agreement will remain in full force and effect until such time as the monitoring term of each and every client has been completed. ID. COMPENSATION AND METHOD OF PAYMENT: A. COST: The price of services shall include the cost of equipment, maintenance, training, shipping, etc., necessary for electronic monitoring on a per-client, 'per-day basis. 1. 2. 3. 4. RF Only RF and Breath FIELD PROGRAMMER/DRIVE-BY UNIT RF INVENTORY COST $5.75 $8.75 $4.95 $3.85 NOTE: ALL PRICES INCLUDE APPLICABLE TAX. .. t' . '" .. Inventory cost is based upon any agency who has in their possession a quantity of RF units not in service, greater than necessary for timely operation. The quantity of shelf units allowable without cost will be determined based on program size and remain the final decision of W ASPC. W ASPC reserves the right to adjust these rates during the contract period if necessary . B. SUBMISSION OF STATEMENT: W AS PC will at monthly intervals, submit a statement of charges encompassing each client as designated by CITY OF PA. - CITY PAYMENT FOR SERVICE: upon receipt of the statement for servicesnF' PA will have 10 days to reconcile the statement and dispute any differences. Payment by CITY OF PA shall be made no later than 30 days from the receipt of the statement for services. c. IV. WSS OF OR DAMAGE TO EQUIPMENT: CITY OF PA shall be liable for loss of or damage to monitoring equipment installed in the residence or on the person of a CITY OF PA client. Deliberate damage to or theft of monitoring equipment will be reported to local law enforcement for investigation. The cost of replacement or repair will be at the prevailing rate as specified by VOREC, the supplier of the monitoring equipment. In the event that monitoring equipment is lost or stolen CITY OF PA will have 15 days to locate and return the equipment before a billing takes place. . v. HOLD HARMLESS AND INDEMNIFICATION: A. CITY OF PA and W ASPC expressly agree to hold harmless and indemnify the other party and all of its officers, agents, or employees for any and. all liability, loss or damage including reasonable cost of defense that they may suffer as a result of claims, demands, actions, or damages to any and all person or property, costs or judgments against the other which result from, or arise out of the sole negligence of its officers, agents, or employees of W ASPC or CITY OF PA in connection with or incidental to the performance of this Agreement. In the event that the officers, agents, or employees of both W ASPC and CITY OF PA are negligent, each party shall be liable for its contributory share of negligence. B. CITY OF PA expressly agrees to hold harmless and indemnify W ASPC and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage including reasonable cost of defense that they may suffer as a result of claims, demands, actions, or damages to any and all person or property, costs or judgments against W ASPC which result from, arise out of, or are in any way connected with CITY OF PA method of selection of candidates to be placed into the electronic monitoring program. C. Nothing contained in the above paragraphs shall be construed to create a liability to or a right of indemnification in any third party. " r . . ~ "., VI. . JURlSDICfION: , . .r A. This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by laws of the State of Washington, both as to interpretations and performance. B. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington. vu. SEVERABILITY: A. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the Courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as it the Agreement did not contain the particular provision held to be invalid. B. H it should appear that any provision hereof is in conflict with any statute of the State of Washington, said provision which may conflict therewith shall be deemed and modified to conform to such statutory provision. VllI. ENTIRE AGREEMENT: The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. . IX. WAIVER OF TERMS: It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of provisions of this Agreement. . . . S r. 7 / APPROVED AS TO FORM: ~O~ ~~~~ WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS APPROVED AS TO FORM: BY: JOBNWASBERG ASSISTANT ATI'ORNEY GENERAL , " ..;t, , . - . Exhipit A ~ W ASPC shall provide a home confinement electronic monitoring program for clients as designated by CITY OF PA . The services shall include: A. Telephone voice verification monitoring consisting of random telephone caIls to telephone numbers designated by. CITY OF PA and comparison of voice of the individual answering the telephone with voice verification samples previously provided to the system. Frequency of random calls shall be specified by CITY OF PA . The systems inability to identify the voice received on a random call shall be reported according to instructions to be provided by CITY OF PA B. Continuous radio frequency home detection monitoring consisting of a radio transmitter attached to the client and a receiver which is monitored through the client's phone line. The system reports when the receiving unit is no longer receiving a signal from the transmitting device will be reported according to instructions to be provided by CITY OF PA C. W ASPC shall conduct training and provide consultation in the operation of the electronic monitoring devices. D. When required by Subpoena or Court Order, make available qualified person to give expert testimony and provide physical evidence.