HomeMy WebLinkAbout4599
RESOLUTION NO. 4 5 9 9
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A SERVICE
AGREEMENT BETWEEN THE CITY OF AUBURN AND 2
WATCH MONITORING, -INC FOR ELECTRONIC HOME
MONITORING AND ALCOHOL MONITORING SERVICES
WHEREAS, the. City of Auburn is engaged in various municipal
functions, including court and probation senrices; and
WHEREAS, in order to provide for such services, if is appropriate that
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the City enter into contracts with other agencies; and
WHEREAS, the City has a need for electronic home monitoring and
alcohol monitoring services; and
WHEREAS, 2 Watch Monitoring, Inc., has the ability to provide for these .
senrices at a cost that is acceptable to the City; and
WHEREAS, it is in the public interest for the City of Auburn and 2 Wafch
Monitoring, Inc., to enter into an agreement for Electronic Home Monitoring and
Alcohol Monitoring Services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute a Service Agreement between the City, of
Auburn and 2 Watch Monitoring, Inc. for Electronic Home Monitoring and '
Aleohol Monitoring Services which agreement shall be in substantial conformity
Resolution No. 4599 f
May 12, 2010 .
Page 1 of 2
with the Agreement a copy of which is attached hereto, marked as Exhibit "A"
and incorporated herein by this reference.
Section 2. The Mayor 'is hereby authorized fo implement such
administrative procedures as may be necessary to carry out the directives of
this legislation. Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and signed this -/I day of , 2010.
CI U
r~
PE ER B. LEWIS
MAYOR
ATTEST:
D' Ile E. Daskam, Cify Clerk
APP OVED AS TO F M:
- aniel B. eid, Ci ney
Resolution No. 4599 .
May, 12, 2010
Page 2 of 2
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2: WR-TCH
l D ~ ~ 2
~ 'MONITORING
SERVICE AGREEMENT - ELEC"rRONIC HOME IVIONITO'RING (EHM) AND
- ALCOHOL MONITORING SERVICES
CITY OF AUBURN -1VIay 7, 2010 2 Watch Monitoring, Inc. (Service Provider) and Cityof Auburn (Agency) hereby enter into this wtitten Service
Agreement under the terms and conditions set forth herein and per other attached and referenced documents.
SERVICE PROVIDER and AGENCY RESPONSIBILITIES
Attached Responsibility Matrix (Exhibit "A") outlines the responsibilities/expectations of both Service Provider and
Agency and is hereby made a part of this agreement. -
-PRICING SCHEDULE
The attached Pricing Schedule (Exhibit "B") outlines both the Offender Paid and Agency Paid pricing and is hereby made
a part of this agreement.
EQUIPMENT -
Proposed equipment / products are as follows;
TracketPaf II - by Secure Alert
MEMS 3000 VBR - by ElmoTech
PharmChek Drug Patch - by PharmChem Labs
Service Provider shall have the right to update, revise or replace equipment types and relevant pricing only with, prior
and advanced approval from Agency. Equipment is the property of 2 Watch Monitoring, Inc. and is only being utilized by Agency or offender for the duration
of each participanYs program requirement. No purchase of equipment by Agency is either expressed or implied.
Service Provider shall provide all required equipment, software and accessories for complete program participation.
Once participant completes their program and equipment is removed, Service Provider shall retain said equipment,
unless otherwise agreed by both perties.
OiV-SITE STAFFI111G
Service Provider agrees to provide enrollment, installation and activation of electronic monitoring programs at Agency's
Probation Office location. 2WM staff shall be present at the Probation Office's designated area every Mvndey,
Wednesday and Friday afternoons, from 12 noon to 4pm, depending on the number of offendecs being enrolled. When no offenders are required to be sentenced to electronic monitoring on the court dates, then 2WM staff shall not be -
required to be on-site on Monday, Wednesday and Friday, unless otherwise requested by Probation Office. Agen _ry sliali
Corporate Office - Tacoma 1113 Tacoma Ave' Tacoma, WA' 98402' 253.589.0224 Fax: 866.735.0061 ' service.wa@2wm.corn -
Other Off'~ces: Spokane, WA' Apache Junction, AZ
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provide Service Provider adequate notice and anticipated offender count as soon as possible after court dates for
invento,ry and planning purposes. -
Service Provider shall provide adequate staffing to administer, install, monitor, report, senrice and maintain, and
communicate with Agency and its referred offenders.
PAYMENT ,
Daily Rates: Cost of program begins on installation/activation date and ends on date of program completion, as _
indicated by court authority or courtorder.
Offend.er Paid Payment Provisions: Electronic monitoring programs shall be Offender Paid, unless City of Auburn
qualifies offender as indigent, then Agency Paid pricing shall prevail and Agency shall be invoiced per below.
e 2WM's Participation Service Agreement (Exhibit "C" attached for reference) shall be reviewed and
signed by each offender/parti¢ipant prior to program activation.
• Typically required is at least 2-4 weeks up-front cost plus enrollment fee. However, we have a low- income/hardship policy that allows flexibility in both installment amount and duration of payment
schedule.
Agency Paid Payment Provisions: Invoiced to City of Auburn Probation Dept. monthly per active units, payable net 15
days. Agency agreesto compensate service providerfor Offender Paid programs that become delinquent after 30;days
of termination from program or program completion. Compensation shall be at offender paid pricing. The Senrice ,
Provider shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the
performance and payment of this Agreement.
SERVICE AGREEMEIVT DURATION
This Agreement shall be in effed for one calendar year from the last date signed. The Agreement may be extended on a
yearly basis upon written agreement of the parties. There shall be a joint review of this Service Agreement by Agency
and 5ervice Provider every 6 months to renew terms or terminate: Agency has the right to terminate this Service Agreement at anytime, but in such case shall remain liable for payments due pursuant to provision of services by
Service Provider up to and including such date.
INSURANCE
The Service'Provid"er shall procure and maintain forthe duration of this Agreement, insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance of the work hereunder 'by the Service Provider, its agents, representatives or employees.
Minimum Scope of Coverage. The Service Provider shall obtain insurance of the types described below: Cornmercial General Liabilitv - insurance shall be written on I50 occurrence form CG 00 01 and shall coverliability atising
from premises, operations, independent contractors and personal injury and advertising injury. The Agencyshall be
named as an insured untier the Provider's Commercial General Liability insurance policy with respect to the work
performed for the Agency, with minimum liability limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregete.
Workers Comaensation - Such workmen's compensation and other similar insurance as may be required by law.
Automobile Ciabilitv - insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on _
Insurance Services Office (ISO) form CA 00 Ol or a substitute form providing equivalent liability coverage._ If necessary, ,
the policy shall be endorsed to provide contractual liability coverage. ~
! Corporate Office - Tacoma 1113 Tacoma Ave' Tacoma, WA' 98402' 253.589.0224 Fax: 866.735.0061 ' service.wa*2wm.com
Other OfRces: Spokane, WA' Apache Juncfion, AZ
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Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions
for Auto and Commercial General Liability insurance:
The Provider's insurance coverage shall be primary insurance as respect the Agency. Any Insuran¢e, self- :
insurance, or insurance pool coverage maintained by the Agency shall be excess of the Provider's insurance and
shall not contribute with it.
o The Provider's insurance shall be endorsed to state that coverage shell not be cancelled by either party, except
after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the
Agency.
Insurance is to be placed with insurers with a current A.M. Best.rating of not less than A:VII. Provider shall furnish the
Agency with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, eyidencing the insurance requirements of the Provider before commencement of
the work.
No limitation. The Service Provider's maintenance of insurance as required by the Agreement shall not be.construed to
limit the liability of the Service Provider to the coverage provided by such insurance, or othenivise limit the Agency's
recourse to eny remedy available at law or in equity.
Agency Equipment Property Coverage. For Offender Paid programs, Participant is responsible for damage, loss, or theft
of equipment, under the provisions of their signed Participation Agreement with 2WM.
For Agency Paid programs the following applies:
Secure Alert Equipment: ,
Agency Pricing includes insurance coverage for damaged, lost, unreturned or inoperable equipment. If a device
becomes inoperably damaged or lost, a$75 deductible will be charged per occurrence to cover Service Provider's
deductible and administrative costs. Accessories of such equipment such as straps, chargers, installation equipment
and the like shall be replaced at $10 per occurrence.
EImo.Tech Equipment:.
Agency Pricing includes insurance coverage for damaged, lost, unreturned or inoperable equipment. If a device -
becomes inoperably damaged or lost, 2WM will cover up to an annual cap of 5% of total contract price. (example: if
Agency was invoiced for $25,000 in 2010, then you would have 5% x$25,000 in coverage or $1,250 for the year)
Drug Patch is not covered.
INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST
It is the intention and understanding of the Parties that the Service Provider shall be an independent contractor and that .
the Ci#y shall be neither liable nor obligated to pay Senrice Provider sick leave, vacation pay, or any other benefit of
employment, nor pay any social security or other tax due. Industrial or any other insurance that is purchased for the
benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Service Provider, ,
shall not be deemed to convert this Agreement to an employment contract. It is recognized that Service Provider may
or will be performing professional services during the Term for other parties; provided, however, that such performance
of other services shall not materially conflict with or interfere with Service Provider's ability to perform the Services.
Service Provider agrees to resolve any such material conflicts of interest in favor of the City.
MODIFICATION
During Service Agreement duration, Agency and Service Provider may modify or revise any portion of Service
Agreement, upon written acceptance of modifications by both parties. Service Provider shall have the right to review
and evaluate pricing every 6 months based on current economic, market and regulatory conditions, and to subsequently
revise pricing, with agreement from Agency, to meet market conditions. -
Corporate Office - Tacoma 1113 Tacoma Aye' Tacoma, WA' 98402 253.589A224' Fax: 866.735.0061 ' service.wa@2wm.com
Other Offices; Spokane, WA ' Apache Junction, AZ
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INDEMNIFICATION / NO WARRANT9E5
The Service Provider shall defend, indemnify and hold the Agency its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of, or resulting
from the acts, errors or omissions of the Service Provider in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the Agency. -
The Agency shall defend, indemnify and hold the Service Provider its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages; losses or suits, including attorney fees, arising out of, or resulting
from the acts, enors or omissions of the Agency in performance of this Agceement; except for injuries and damages
caused by the sole negligence of the Service Provider.
In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrenT negligence of the Serviee Provider and the City, its officers, officials, employees, and volunteers, any
damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party
shall have the rightto seek contribution from the other party in proportion to the percentage of negligence attributable
to the other party.
It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties' waiverof immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
2WATCH MONITORING MAKES NO WARRANTIES, EXPRESSED OR IMPLIED IN CONNECTION WITH THIS
SERVICE AGREEMENT INCLUDING WARRANTIES OF 11AERCHANTABILITY OR FITNE55 FOR A PARTICULAR
PURPOSE.
If any disclaimer or limit on liability for consequential property damages included in this Service Agreement is found
invalid under the laws of the state for which the terms of this Service Agreement are interpreted, then those
consequential property damages will not exceed $100.00 per consequential injury or loss.
The provisions of this section will continue to be enforced even after the term of this Service Agreement has -
expired. .
GENERAL PROVISOONS
Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or
mentioned in this Agreement and no prior agreements shall be effective for any purpose.
Modification. No provision of this Agreement, including this provision, may be amended or modified except by written
agreemen# signed by the Parties.
Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect:or
invalidate any other provision hereof and such other provisions shall remain in full force and effect.
Assignment. Neither the Service Provider nor the City shall have the right to transfer or assign, in whole or in part, any
or all of its obligations and rights hereunder without the prior written consent of the other Party, whichshall not be
unreasonably withheld, conditioned or delayed.
Successor in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the
benefit ofand be binding upon their respective successors in interest, heirs and assigns. . Corporate Office - Tacoma 1113 TacomaAve ' Tacoma. WA ' 98402' 253.589.0224 ' Fax: 866.735.0061 ' service.wa@2wm.corn' , .
Other Offices: Spokane, WA' Apache Junction, AZ
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Attomev Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either,
_ Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the non-prevailing Perty
shall pay all attorney fees, costs and expenses. The venue for any dispute related to this Agreement shall be King
` County, Washington.
No Waiver. Failure or delay of either of the Parties to declare any breach or default immediately upon occurrence shall not waive such breach or default: Failure of either of the Parties to declare one breach or default does not act as a
waiver of their right to declare another breach or default.
Governing Law. This Agreement shall be made in and shall be governed by and interpreted imaccordance with the laws
of the State ofWashington.
Authoritv: Each individual executing this Agreement on behalf of the City and Service Provider represents and warrants
that 5uch individuals are duly authorized to execute and deliver this Agreement on behalf of the City or the Contractor.
Notices. Any notices required to be given by ihe Parties shall be. delivered at the addresses set forth below. Any notices
may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage
prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three
(3) days after the date of mailing. -
Captions. The respective captions of the Sections ofthis Agreement are inserted for convenience of reference only and
shall not be deemed to modify or otherwise affect any of the provisions of this Agreement.
- PerFocmance. Tme is of the essence of this Agreement and each and all of its provisions in which performance is a
factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractors
performance of this Agreement.
Remedies Lumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive,
butshall be cumulative with all other remedies available to the City at law, in equity or by statute.
Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively
constitute the entire Agreement. -
IN WITN,ESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and
' year first setforth above.
CITI( F AUBUR 2 WATCH MONITORING, INC. ~
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Peter B. Lewis, Mayor Lui L. Leasiolagi, Preside t/CEO `
Attest:
Darnelle E. Daskam, City Clerk =
Corporate Office - Tacoma 1113 Tacoma Ave ' Tacoma, WA ' 98402 ' 263.589.0224 ' fax: 866.735.0061 ' service.wa@2wm.com
Other Offices: Spokane, WA' Apache Junction, AZ
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Appr d s to .
an' . Heid, ' Atto ey
STATE OF WASHIN6TON ) 55. .
COUNTY OF C- - )
0 HIS day of 20t,b~ before me, personally appeared
and to me known to be the C~ and -
of the Consultant, the corporation/company that executed the within and foregoing instrument; and acknowledged said
.
instrument to be the free and voluntary act and deed of.said corporation/company, for the. uses end purposes therein
mentioned, and on oath stated that"they were authorized to execute said instrument. •
GIVEN under my hand and officiaLseal this 10 -day of 20 vl .
. mavosti~uoc ~1~A1~/, '
Notary public
' 8tate of Wsshtngto4 NOTARY PUBLIC in and for the Stat of
NICALE N AUSEN Washington, residing at
~~MON EXPIRES
Apri os. 2014 My Commission Expires: CJ'
,
Attachments: Exhibit A- Responsibility Matrix
Exhibit B - Priting Schedule
Exhibit G- Participant Service Agreement
Corporate OffiCe - Taooma 1113 TaCOma Ave' Taooma, WA' 98402.' 253.589,0224 • Fax 866.735.0061 ' serviCe.wa@2-wm bGm,
Other Offices: Spokane, WA' Apache Junction, AZ
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EXHIBIT "A"
CITY OF.AUBURN & 2WIIA ,
PROPOSED RESPON$IBILITY MA►TRIX cityotAuburn 2wM •
1- Start-Up and Ongoing Tralning as Needed •
2WM shall,provide this:service to City ofAubum personnel as required. 2 OffenderbrieMation, Equipment Insatallation 8 Program Activatlon _
2WM shall'bepresent every Monday, Wednesday &.Friday, noon to 4pm @ City of Aubum
ProbadorrDept. for this activity.
3 Equipment Removal & Program Deactivatton
This actlvfty is provided either at the City of Aubum Probation Dept on Mondays, Wednesdays
8 Frfdays from noon to 4pm, or at 2WM offioes, or as agreed with Aubum Probatlon.
Otherwise, 2WM shall train City of Aubum Probation Dept. personnel for this activity.
4 Monitortng
Provided in real-time (Active) from 8am - 50m dally and provided as a summary of violations
.(Passive) nom 5:01 pm - 7:59am.
5 Reporting
Violation Reports during business hours of Sam - 5pm shall be provided as violations occur.
Violation Reports from 5:01 pm - 7:59am shall be provided at 9em each moming as a
summary of violations to City of Aubum for previous nighYs violatlons: Violatton notification
shall be provided by 2WM monitoring staff to any agreed upon Aubum Probation staff via any
method agreed upon (fax, email, text mssg, phone call, etc.)
6 Testing (UA 8 Et(3)
As required or recommended by 2WM monitoring programs. '
7 Equipment Maintenance 8 Troubleshooting
This actlvity is provided eitherat the City of Aubum Probation Dept on Mondays, Wednesdays
and Fridays from.noon to 4pm; or at 2WM offices or as agreed with Auburn Probation.
Otherwise, see MRT notes below.
8 Web-Based Software Access
9 Subpoenaed Court Testimony
Court tesUmony shall be hourty ~$50/hr. as requested.
10 Offender Gualiflcation
City of'Aubum shall be responsible for qualfrying offenders as indigent or not for
determinlation of pridng;rate.
EXTRA•SERVIGES
11 Mobile Response Team (MRn
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This is amextra service Invoicedi@ $50/itt. as requested in situadons where:offenders cannot
= leave their home or require immediate equipment attention outside of the City of Aubum or@
2WM IxaNons.. MRT will requestia.uthoriaaUon from'the City of Aubum pdorto responding.
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~ 2 Watch Monitoring,.lnc.
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2 W A T C H u,
MOWITORING gXH=sIT °8°
1. GPS Monitoring (Live/Real-Time)
This one piece ankle bracelet w/ built-in celi- phone, audible siren and live 24/7 GPS
monitoring includes distinct features such as 2 or 3 way direct communication, tamper
resistance, web based access, unlimited zone parameters and records and transmits
data in real-time up to every minute, 5 minute standard. Tracker Pal 11
Usage Req'd Offender Paid City Paid (Indigents) By secure Aiert
1-20 Units $15 / day $12.50 / day
21-40 Units $15 / day $12.40 / day
Plus Enrollment Fee $50 one-time $ 25 one-time
. "eArrest Beacon(Optional) +$2.50 / day 2.25 / day ~
The eARest Beacon is a devicethat utilizes radio frequency (RF) and compliments theTrackerPal II
GP8 tradcing methods. Its purpose is to allow for more precise tracking of offenders in areas where
GPS solutions may be insufficient, such as inside mult-floor apartments. It is a small (2° square),
_ self-contained short-range transmitting station that is placed inside an ideal location and is assigned to
one or more offenders wearing the TrackerPal II. Once activated, the eArrest Beacon and TF 11 de-
fines a location to which an offender is resfricted for specific times or all day or night. It can restrict eArrest Beacon
the offender fo within 35', 75' or 150' of a desired location. By Secure Alert
2. Breathalyzer Alcoho/ Monitoring (w/ House Arresf Feature)
This home-tiased breathalyzer w/ built-in cell phone and house arrest bracelet
allows random, scheduled or on-demand breath tests. It includes recorded •
facial recognition technology, 24/7 monitoring, and a house arrest bracelet that
is tethered to the unit via radio frequency.
Usage Req'd Offender Paid City Paid (Indigents)
1-20 Units $21 / day $15.75 / day MEMS 3000 VBR
21-40 Units $21/ day $16.65 / day Py~ElmoTech , -
~ P
Plus Enrollment Fee $50 one-time $ 25 one-time
recorded facial recognition
Z W A T. C N'
u
MONITORING
3. Drug Patch
An effective: transdermal patch wom for 7 days at a time, then sent to lab for x:
analysis for detection of numerous drugs including cocaine, opiates, ampheta-
mines, PCP and marijuana. Cannof be diluted and is tamper-evident.
Usage Req'd Offender Paid City Paid (Indigents) PharmGhek Patch
- By PharmChem Labs
1-20 Units $10 / day $7.50 / day
21-40 Units $10 day $7.40 / day
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EXHIBIT C
2. W A_T. C H
2 Participant Service Agreement (PSA 2WM-TAC) MONITORING
Please check the appropriate box:
❑ Electronic Home Monitoring E.H.M (GPS)
o Alcohol Monitoring (Breathalyzer/1'ransdermai)
o Combination: House Arrest w/ Alcohol Monitoring
o Random Urinalysis Testing
❑ Drug Patch
❑ OTHER
This PARTIClPANT SERVICE AGREEMENT(S) (the "Agreementl dated tfiis _ day of 20 , is between
2 Watch Monitoring, Inc (2WM-TAC), a Washington State Corporation, and hereinafter referred to as the
°Partlciparrt.' (PNnt PaltlcfpanCs name above)
1. TERMS AND CONDITIONS FOR MONITORING:
➢ Participant is an individual who is required to be or has agreed to be tracked by electFonic monitoring equipment as directed or idemified
by , the Referring Authority.
D 2WM-TAC agree.s to let Participant use the electronic monRoring equipment listed in the'Equipment° section below.
D Participant must read and initlai next to all agreements.
Section 1 Farticipant Inftials
- 2. TERM:
a) The tertn of this Agreement sha1F be daily, based upon the terms and condftions of the court order and/or the Referring Authoriry. These terms
shail remain in effect until all equipment listed is retumed and acxount is PA/D %NFULL'
Section 2 PaRicipant Initials-
3. PARTICIPANT AGREES TO:
a) Pay 2WM-TAC forthe lease of the equipment according to the Financial Terms and Sectbn Five (5) below.
b) Use the Electronic Monltoring equipment according.to instructions given during Orierrtation and those included in this agreement and arry
rules, taws, regulations, statutes w instructions that2WM-TAC and/or Referring Authority requires the Partiapant to follow.
c) Rrovide curcent address and proof of residency at such address. Will also present a change of address request 5days prior to changing of
address.
d) Provide current and active usable corrtact phone numbers, email, and social media fortnat. Wili accept 2WM emails as `safe'. Wiil accepY.
phone cails from 2WM and Monitoring Center 2417. WII oontact 2WM within 2hrs when messages are left on voice mail. To keep voice mail
boxes with ample room for 2WM and Monitori ng Center to leave messages.
e) Report to 2WM OFFICE when insUVCted for equipmerrt check or validation processes.
~ Aufhorizes 2WM to verify residency or employment and/or acquire infortnation through pubiic access information process to qualify and
monitor participant.
' Section 3 Participant IniUals _
4. EQUIPMENT OWNERSHIP AND USE:
a) Participant is not the owner of the equipment, so the Partiapant cannot sell, Uansfer, assign or sublease the equipment at arry time.
b) Participant agrees to use and maintain the equipment as instructed and agrees not to alter, damage or disable the equipment
c} If the Participarrc is in default of any of the terms of this agreement: 2WM-TAC may tertninate this Agreemerrt and may repossess the
equipinent from the Panicipant. Should 2WM=TAC have W repossess the equipmerrt, the Participarrt shall be subject to the enforcemeM of the
consequences as outlined within this agreemenf which are separate from the Refemng Authotitles consequenoes.
Section 4 Participant Initials _
5, PAYMENT(S) BY CREDIT/DEBIT CARD, CA8HIERS CHECK OR MONEY ORDER:
a) The following minimum payments shap be required in full upon signing this AgreemenC
L Program duration beyond 30days: 31 davs advanced vayment ptus the scheduled orientation fee. Unless other payment arrangement
are approved by 2WM-TAC Management
Participarrt IniGals _
OR
ii. Program duration 30days or less requires advance fiul/bavmentplus the schedule oriernation fee. Unless other paymem artangement
are approved by 2WM TAC Management.
Participant InRials _
OR
fii. ff program duration is extended by Referring Authority, then e NEW FINANCIAL AND PAYMENT SCHEDULE agreement must be
signed.
Section 5 Participant Initials .
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v2.0(5.8.10)uTac Page-l-of3
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2 Watch Monitoring Spokane LLG Participant Service Agreement
6. FINANCIAL TERMS & PAYMENT SCHEDULE:
PROGRAM DURATION: (Days) PRE-TRIAL[] SENTENCE[-] OTHER ~ PROGRAM DAlLY RATE: $ NEXT COURT DATE
ORIENTATION Fee: $ TYPE OF EQUIPMENT ASSIGNED:
ESTIMATED COST EQUIPMENT SERIAL NUMBER(S):
Daity Late Fee:$2.00 RETURNED CMECKS: $ 50.00 AFTER HOURS, WEEKEND AND
HOLIDAY FEES: $100.00 FIRST HR.
$50 EACH ADDITIONAL HOUR.
DATE: AMOUNT: TYPE: BALANCE DUE: RECENED BY:
PARl'ICIPANT SIGNATURE:
By signing, lagree to make scheduted payments on time. Late daiiy payment fee applies when payment is late.
2WM-TAC AGENT:
Section 6 Participarrt initiais _
7. DEFAULT AND REMEDIES:
a) The Partiapant agm-es that heNhis obligation to pay is unconditional. If any part of a payment is not made when due because a chedc Is
rejected orif a rashieils chedc or money order is invafid for any reason; Particfpant wili be charged a retumed fee of $50 in addition to the daily
rate for each late payment. Participant agrees to pay 2WM-TAC the late charge in full no later than one (1) moMh foliowing the 0 ate the
original paymeM was due.
The Participant ensures 2WM-TAC per their signature of this agreement, that he/she will not breach their obligation to this agreement and
egree to pay all fines or penalties felating to this agreement 2WM-TAC reserves fhe right to tertninate progrdm, based on non-compliance
wRh terms and cohdiCrons of this agreemern.
b) If the Participant fails Co retum the equipment to 2WM TAC spec'rfied in this agreement to 2Watch Monitoring, Inc and/or Referring Authority;
the Participant agrees to pay 21NAA-TAC the fuil market value of the replaoemerrt equipment availabie at that time, in addition to any other oosts
assocfated with 2WM-TAC repossession efforts.
c) 2WM will oursue flling Felorry Theft charoes aaainst the PaNcioant if eatj(dmetrt (s) are nof rewmed
d) Replacement, repossession and collection cosis will bear irrterest at the rate of ten perceM (1096).per year. The ParticipaM wiil pay 2Watch
Monitoring, Inc these interest dharges from the date aF oa:urrenoe uMil paid fi tull. 2Watch Monitoring, inc may use a►ry remedies aVailable
under the Uniform Commercial Code or arry other appfipble law. ,
Section 7 Pancdparrt Initals _
8. NO WARRANTtES;1NDEMNITY BY PARTICIPANT:
a) 2Watch Monitoring, Inc makes no warranties, expressed or implied in connection with this Service Agreement
b) 2WM-TAC is not responsible for any injuries, damages to any person, property or losses to the Participant or Referting Authoriry caused by
the misuse or improper maintenance of the equipment or for the Particigant's failure to follow ali instructions related to the use of the
equipment or for the failure of the equipmerrt to operate as anticipated, defects in the manufacturing or programming of the equipment
PaRicipant agrees to hold 2WM-TAC hartnless and to indemnify 2Watch Monitoring, Inc from arry liability whatsoever arising from hedhss use
of the monitoring equipmeM. ' . c) If arry disdaimer or limit on liability for consequential damages included in this Service Agreement is found irnai'ul under the laws of the state = .
for which the terms of this Service Agreement are interpreted, then those consequential damages wfll not exceed $100.00 per consequeritial `
injury or loss.
v2.0 (s.s.to)u Tae ' Page - 2 - of 3
. .
2 Watch Monitoring Spokane LLG Participant Service Agreement
d) The provisions of this section wili continue to be enforced even after the teRn of this Service Agreement has expired.
Section 8 Participant Initials _
9: MISCELLANEOUS PROVISIONS: e) No Waiver. Participant agrees thai any delay or failure by 2WM TAC to enforce its' rights under this Setvice Agreement will not preverrt it
from enforring any rights at a later time.
f) Unfforrn Commercial Code (UCC): Particlpant gives 2Watch Monitoring, Inc the right to immediately file, atthe ParticipanYs expense, any
Unfform Commercial Code (UCC) financing statements or related filings or notices, as well as the right to sign Participant's name to any such
flings that 2Watch Monitoring, Inc makes. Participant agrees to reduce the statute of limitations for any actiort for default to one (1) year after
the occurrence of an alleged cause of action occurs, based on UCC secUon 2A-506.
g) Attomey Fees: In the event of I'ttigation between the parties regarding this $ervice Agreement, the prevailing party will be entiUed to payment
tiy the Iosing paRy of its' reasonable attomey fees, court oosts and litigation expenses as deteRnined by the court.
h) Jurisdiction and Venue: This Service Agreement shall be govemed, irrterpreted and construed by the iaws of the state of Wasflington. My
defauR of this Service Agreement w(ill be deemed to have occurted in the state of Washington.
i) NON-0ISPARAGEMENT: Participant agrees that he or she shall not, during ttie term of this Agneement or thereafter, malign, defame, blame,
or otherwise disparage2WM-TAC, either publidy or privately, regartling the services or equipment provided hereunder.
Section 9 Participant InRiais _
10. DAMAGED / LOST / STOLEN DEVICES AND ACCESSORIES:
The Participant agrees to use the equlpment only for its intended purpose and shall not intentionally or unintentionally Idse or damage the
equipment The Participant.ensures 2Watch Monitoring, Inc. that In the event that he/she should damage or bse the equipment while in their
possession, 2WM-TAC is given the right to charge the full replacemeM cost of such •equipment In addition to participarrt's daiy rate.
PaRiciparn Initials _
Damage Definitions:
➢ Any Alcohol and Electronic Monitoring EquipmeM which has sustained damage to the casing or the strap that inhibits its' abitity to
function property or not at aIL
➢ My Alcohot and Electronic Monitoring Equipment accessories that have sustained damage which inhibits their abilityto function properly
or not at all.
D Arry time ParGcipant illegalty or without approval removes etther the Aicohol, and or Electronic Monftoring equipment and disposes it.
D Arry time Participant loses Aicohol andlor Electronic Monitoring equipment accessories (inciuding and without limitation, theit of
accessories).
➢ Water Damage of Ankle Bracefet.
Section 10 Participarrt initials _
CREDIT / DEBIT CARD PROCESS
"All Credit/Debk Card phone transaction are processed as an on-Ilne 'Sale' transacUon. .
"Ail recurring payments are applied only when the authorize Card Holder contacts 2WM to authorize payment
""2WM w1U not keep CrediUDebit Card numbers on flle. •
"CtediUDebit Card holder can elect to receive via emaU a copy of the transaction.
This Participant Service Agreemem coincide with Participant Application.
PaRiCipant acknowledges thaYShe/he has read and examined this Service AgreemeM, its' terms and condftions and agrees W all terms.and condkions
as set forth. ZWM-TAC shsll not dlscbse arry infortnation except to the appropriffie CouKs and Referring Authorities and/or Law EnforcemeM agencies.
Print PartiapanYs Name Partldparrt's Signature
PartiGpanYs Address: 2Watch Monitoring, lnc.
1113 Taooma Ave So.
Address: Tacoma, Washington
C' State: Zp; - Telephone: (253) 589 0224 .
~Y Fax: (866).735 0061
Telephone:
EmaiPAddress: '
ZWM-TAC Agent Signawre Date:
vz.o (s.a.1o)LLTac Page - 3- of 3
2 W A T C H
AOBURN CITY 0'
2
MONITORING
SERVICE AGREEMENT - ELECTRONIC HOME MONITORING (EHM) AND
ALCOHOL MONITORING SERVICES
CITY OF AUBURN -May 7, 2010 (2011 Amended)
2 Watch Monitoring, Inc. (Service Provider) and City of Auburn (Agency) hereby enter into this written Service
Agreement under the terms and conditions set forth herein and per other attached and referenced documents.
SERVICE PROVIDER and AGENCY RESPONSIBILITIES
Attached Responsibility Matrix (Exhibit "A") outlines the responsibilities/expectations of both Service Provider and
Agency and is hereby made a part of this agreement.
PRICING SCHEDULE
The attached Pricing Schedule (Exhibit "B") outlines both the Offender Paid and Agency Paid pricing and is hereby made
a part of this agreement.
EQUIPMENT
Proposed equipment / products are as follows:
TrackerPal II - by Secure Alert
MEMS 3000 VBR - by ElmoTech
PharmChek Drug Patch - by PharmChem Labs
Service Provider shall have the right to update, revise or replace equipment types and relevant pricing only with prior
and advanced approval from Agency.
Equipment is the property of 2 Watch Monitoring, Inc. and is only being utilized by Agency or offender for the duration
of each participant's program requirement. No purchase of equipment by Agency is either expressed or implied.
Service Provider shall provide all required equipment, software and accessories for complete program participation.
Once participant completes their program and equipment is removed, Service Provider shall retain said equipment,
unless otherwise agreed by both parties.
ON-SITE STAFFING
Service Provider agrees to provide enrollment, installation and activation of electronic monitoring programs at Agency's
Probation Office location. 2WM staff shall be present at the Probation Office's designated area every Monday,
Wednesday and Friday afternoons, from 12 noon to 4pm, depending on the number of offenders being enrolled. When
no offenders are required to be sentenced to electronic monitoring on the court dates, then 2WM staff shall not be
required to be on-site on Monday, Wednesday and Friday, unless otherwise requested by Probation Office.
Corporate Office - 1113 Tacoma Ave * Tacoma, WA ` 98402 * 253.589.0224 * Fax: 866.735.0061 * Email: service@2wm.com
Other Offices: * Spokane, WA * Apache Junction, AZ
City of Auburn EHM and Alcohol Service Agreement
May 7, 2010 (2011 Amended)
Page 2 of 6
ON-SITE STAFFING (continued)
Agency.shall.provide_Service. Provider-adequate notice and anticipated offender count as_soon.as possible after court
dates for inventory and planning purposes.
Service Provider shall provide adequate staffing to administer, install, monitor, report, service and maintain, and
communicate with Agency and its referred offenders.
PAYMENT
Daily Rates: Cost of program begins upon installation/activation date and ends on date of program completion, as
indicated by court authority or court order and the removal of the equipment. Program costs shall be charged for any
day or portion of a day in which monitoring is provided.
Offender Paid Payment Provisions: Electronic monitoring programs shall be Offender Paid, unless City of Auburn
qualifies offender as indigent, then Agency Paid,pricing shall prevail and Agency shall be invoiced per below.
• 2WM's Participation Service Agreement (Exhibit "C.' attached for reference) shall be reviewed and signed by.
each offender/participant prior to program activation.
• Typically required is at least 2-4 weeks up-front cost plus enrollment fee. However, we have a low-
income/hardship, policy that allows flexibility in both installment amount and duration of payment schedule.
Agency Paid Payment Provisions: Invoiced to City of Auburn Probation Dept. monthly per active units, payable net 15
days. Agency agrees to compensate service provider for Offender Paid programs that become delinquent after 30 days
of termination from program or program completion. Compensation shall be at offender paid pricing. The Service
Provider shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the
performance and payment of this Agreement.
SERVICE AGREEMENT DURATION
This Agreement shall be in effect for one calendar year from the last date signed. The Agreement may be extended on a
yearly basis upon written agreement of the parties. There shall be a joint review of this Service Agreement by Agency
and Service Provider every & months to renew terms or terminate. Agency has-the right to terminate this Service
Agreement at any time, but in such case shall remain liable for payments due pursuant to provision of services by
Service Provider up to and including such date.
INSURANCE
The Service Provider shall procure and maintain for the duration of this Agreement, insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Service Provider, its agents, representatives or employees.
Minimum Scope of Coverage. The Service Provider shall obtain insurance of the types described below:
Commercial General Liability - insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising
from premises, operations, independent contractors and personal injury and advertising injury. The Agency shall be
named as an insured under the Provider's Commercial General Liability insurance policy with respect to the work
performed for the Agency, with minimum liability limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
Corporate Office - 1113 Tacoma Ave' Tacoma, WA' 98402' 253.589.0224 • Fax: 866.735.0061 ' Email: service@2wm.com
Other Offices:' Spokane, WA " Apache Junction, AZ
City of Auburn EHM and Alcohol Service Agreement
May 7, 2010 (2011 Amended) 4
Page 3, of 6
INSURANCE (continued)
Worker's Compensation - Such workmen's compensation and other similar insurance as.may be required by law.
Automobile Liability - Insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on
Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage.
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions
for Auto and Commercial General Liability insurance:
• The Provider's insurance coverage shall be primary insurance as respect the Agency. Any Insurance, self-
insurance, or insurance pool coverage maintained by the Agency shall be excess of the Provider's insurance and
shall not contribute with it.
® The Provider's insurance shall be endorsed to state that coverage shall not be cancelled byeither'party, except
after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the
Agency.
Insurance is to be placed with insurers with a current A.M. Best rating of'not less than A:VII. Provider shall furnish the
Agency with.original certificates and a copy of the amendatory endorsements, including but not necessarily limited to
the.additional insured endorsement, evidencing the insurance requirements of the Provider before commencement of
thework.
No Limitation. The Service Provider's maintenance,of insurance as required by the Agreement shall not be construed to
limit the liability of the Service Provider to the coverage provided by such insurance, or otherwise limit the Agency's
recourse to any remedy available at law or in equity.
Agency Equipment Property Coverage. For Offender. Paid programs, Participant is responsible for damage, loss, or theft
of equipment, under the provisions of their signed Participation Agreement with 2WM.
For Agency Paid programs the following applies:
Secure Alert Equipment:
Agency Pricing includes insurance coverage for damaged, lost, unreturned or inoperable equipment. If a device
becomes inoperably damaged or lost, a $75 deductible will be charged per occurrence to cover Service Provider's
deductible and administrative costs. Accessories of such equipment such as straps, chargers, installation equipment
and the like shall'be replaced at $10 per occurrence.
ElmoTech Equipment`.
Agency Pricing includes insurance coverage. for damaged, lost, unreturned or inoperable equipment. If a device
becomes inoperably damaged or lost, 2WM will cover up to an annual cap of 5% of total contract price. (Example: if
Agency was invoiced for $25,000 in 2010, then you would have 5% x $25,000 in coverage or $1,250 for the year)
Drug Patch is not covered.
INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST
It is,the intention and understanding of the Parties that the Service Provider shall-be an independent contractor and that
the City shall be neither liable nor obligated to pay Service Provider sick leave, vacation pay, or any other benefit of
employment, nor pay any social security or other tax due. Industrial or any other insurance that is purchased for the
benefit of the City, regardless of whether such may provide,a secondary or incidental benefit to the Service Provider,
shall not be deemed to convert this Agreement to an employment contract.
Corporate Office - 1113 Tacoma Ave ` Tacoma, WA ` 98402 ` 253.589.0224 ` Fax: 866.735.0061 ` Email: service@2wm.com
Other Offices: `Spokane, WA- ` Apache Junction, AZ
City of Auburn EHM and Alcohol Service Agreement
May 7, 2010 (2011 Amended)
Page 4 of 6 .
INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST (continued)
It is recognizedthat Service Provider may or will be performing professional services during the Term for other parties;
provided, however, that such-performance of other services shall not materially conflict with or interfere with Service
Provider's ability to perform the Services. Service Provider agrees to resolve any such material conflicts of interest in
favor of the City.
MODIFICATION
_ During Service Agreement duration, Agency and Service Provider may modify or revise any portion of Service
Agreement, upon written acceptance of modifications by both parties. Service.Provider shall have the right to review
and evaluate pricing every 6 months based on current economic, market and regulatory conditions, and'to subsequently
.revise pricing, with agreement from Agency, to meet market conditions.
INDEMNIFICATION / NO WARRANTIES
The Service Provider shall defend,, indemnify and hold the Agency its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of, or resulting
from the acts, errors or omissions of the Service Provider in performance of this Agreement, except for injuries and
damages'caused'by the sole negligence of the Agency.
The Agency shall defend, indemnify and hold the Service Provider its officers, officials, employees and volunteers
harmless from; any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of, or resulting
from the acts, errors or omissions~of,the Agency in; performance of this Agreement, except for injuries and damages
caused by the.sole negligence of the Service Provider.
In the event ofliability for damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of.the Service Provider and the City,-•its officers, officials,. employees, and volunteers, any.
damages allowed shall be levied in proportion.to the percentage'of negligence attributable to each party, and each party
shall have the-right to seek,contribution.from the other party in,'proportion to the percentage of negligence attributable
to the other party.
It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties'
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
2WATCH MONITORING MAKES NO WARRANTIES, EXPRESSED OR IMPLIED IN CONNECTION WITH THIS
SERVICE AGREEMENT INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
I . f any disclaimer or limit on liability for consequential property damages included in this Service Agreement is found
invalid under the laws of the state for which the terms of this Service Agreement are interpreted, then those
consequential 'property damages will not exceed $100.00 per consequential injury or loss.
The provisions of this section will continue to be enforced even after the term of this Service Agreement has
expired.
Corporate Office - 1113 Tacoma Ave " Tacoma, WA " 98402 ` 253.589.0224 ` Fax: 866.735.0061 ` Email: service@2wm.com
Other Offices: ` Spokane, WA "Apache Junction, AZ
City of Auburn EHM and Alcohol Service Agreement
May 7, 2010 (2011 Amended)
Page 5 of 6
GENERAL PROVISIONS
Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or .
mentioned in this Agreement and no prior agreements shall be effective. for any purpose.
Modification. No provision of this Agreement, including this provision, may be amended or modified except by written
agreement signed' by the Parties.
Full Farce and Effect. Any, provision of this Agreement that is declared invalid or illegal shall in no way affect or
invalidate any other provision hereof and such other provisions shall remain in full force and effect.
Assignment. Neither'the Service Provider nor the City shall have the right to transfer or assign, in whole or in part, any
or all of its obligations and rights hereunder without the prior written consent.of the other Party, which shall not be
unreasonably, withheld, conditioned or delayed.
Successor in Interest. Subject to the foregoing Subsection, the rights and obligations-of the Parties shall inure to the
benefit of and•be binding upon their respective successors in interest, heirs and assigns.
Attorney Fees.. In the event either of the Parties defaults on the, performance of any terms of this Agreement or either
Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the non-prevailing Party
shall pay all.attorney fees, costs and expenses. The venue for any dispute, related to this Agreement shall be King
County, Washington.
No Waiver. Failure or'delay of either of the Parties to declare,any breach or default immediately upon -occurrence shall
not waive such breach or default. Failure of either,of the.Parties to declare one breach or default does not act as a
waiver of their right to declareaanother breach or default.
Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws
of the State of Washington.
Authority. -Each individual executing this Agreement on behalf of the City and Service Provider represents and warrants
that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or the Contractor.
Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices
may. be delivered personally. to the addressee of the notice or may be deposited in the United States mail, postage
prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three
(3) days after the date of mailing.
Captions. The respective captions of the Sections of this Agreement are inserted for convenience'of reference only and
shall not be deemed to modify or otherwise affect any of the provisions of this Agreement.
Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a
factor. Adherence to completion dates set forth in the description of the Services.is essential to the. Contractor's
performance of this Agreement.
Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive,
but shall be cumulative with all other remedies available to the City at law, in equity or by statute.
Counterparts. This Agreement may be executed in any. number of counterparts, which counterparts shall collectively
constitute the entire Agreement.
Corporate~Office -1113 Tacoma Ave * Tacoma, WA *.98402 ` 253.589.0224 *Fax: 866.135.0061 *Email: service@2wm.com
Other Offices: Spokane, WA ' Apache Junction, AZ
City of'Auburn EHM and Alcohol Service Agreement
May 7, 2010 (2011 Amended)
Page 6 of 6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and
year first set forth above.
CITY OF BURN 2 WATCH MONITORING, INC. r
-di
Peter B. Lewis, Mayor Lu~iLleasiolagl, Presi ent/CE
A est:
Danielle E. Daskam, City Clerk
Approv to form:
Daniel B. Heid, City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ON THIS 9)0 day of , 20 1 Ul1i i~aolag i did personally appear
~a1.V~ 1 nn
before me and swore to be known as the Mdilylt ~CQ Or corporation/company
Agent that executed the within and foregoing instrument; and acknowledged said instrument to be the free and
voluntary act and deed of said corporation/company for the uses and purposes therein mentioned and upon oath
stated that they were authorized to execute said instrument.
GIVEN under my hand and official seal this ~O day of 201--
Notary Public
State of Washington NOTARY PUBLIC in and for the State of Washington,
NICOLE-N AUSEN
M comMISSION-EXPIRES residing at V l ll My Commission
April 05, 2014 Expires: VJ"~l1
Attachments: Exhibit,A - Responsibility Matrix
Exhibit B - Pricing Schedule
Exhibit C -Participant Service Agreement
Corporate Office - 1113 Tacoma Ave ` Tacoma, WA ` 98402 ` 251589.0224 ` Fax: 866.735.0061 ' Email: service@2wm.com
Other Offices:* Spokane, WA ` Apache, Junction, AZ
i
EXHIBIT "A" AMENDED '
CITY OF AUBURN & 2WM AMENDED RESPONSIBIL)TY MATRIX
CITY OF AUBURN PROPOSED RESPONSIBILITY MATRIX 2WM PROPOSED RESPONSIBILITY MATRIX AUBURN 2WM
1 Start-U and Ongoing Training as Needed Ongoing Training
2WM shall provide this service to City of Auburn personnel as required. 2WM shall provide this service to Auburn Probation personnel as required
2 Offender Orientation Equipment Installation & Program Activation Offender Intake
2WM shall be present every Monday, Wednesday & Friday, 12 Noon to 4:OOPM 2WM shall be present every Monday, Wednesday & Friday 12 noon to 4pm at Auburn's City
at the Auburn City Probation Department for this activity. Probation Department for this Activity or as requested and scheduled by Auburn Probation.
3 Equipment Removal 8 Program Deactivation E ui Removal & Prorem Termination to Include Weekends and Holidays
This activity shall be provided at either the Auburun City Probation Department This activity shall be performed at either at the Auburn City Probation Department on
on Mondays, Wednesdays & Fridays from 12 Noon to 4:OOPM or at the 2WM Mondays, Wednesdays & Fridays from 12 noon to 4pm; or at the 2WM Tacoma offices or by
Tacoma office as agreed upon with the Auburn City Probation Department. scheduled appointments for Weekend / Holiday removals. Otherwise, 2WM shall train
Otherwise, 2WM shall train the Auburn City Probation Department personnel for Auburn Probation Department personnel for this activity.
this activity. -
4 Monitoring Monitortn
Provided in real-time from 8:OOAM - 5:OOPM daily and shall include a summary of 2WM shall provide real-time (Active) MONITORING from 8:OOAM - 5:OOPM daily and shall
violations from 5:01 PM - 7:59AM. provide a summa of violations Passive from 5:01 PM - 7:59AM.
5 Reporting Re ortin
Violation Reports shall be provided during business hours of 8:OOAM - 5:0013M Violation Reports shall be provided during business hours of 8:OOAM - 5:OOPM Monday -
Monday - Friday or upon occurence. Violation Reports from 5:01 PM to 7:59AM Friday or upon occurence, Violation Reports from 5:01 PM to 7:59AM shall be provided by.
shall be provided during normal business hours by 9:30AM the following morning 9:30AM the following morning, during normal business hours, as a summary of violations to
as a summary of violations to Auburn City's Probation Department. 2WM shall the Auburn City Probation Department. 2WM shall provide Violation Notification(s) to the
provide Violation notification(s) to the agreed upon Auburn Probation staff via the agreed upon Auburn Probation staff via the requested method i.e., fax, email, text message
requested method i.e., fax, email, text message and/or phone. and/or phone .
6 Testing UA & EtG Testing UA & EtG
As required or recommended b 2WM monitoring programs. As required or recommended b 2WM monitoring programs
7 Equipment Maintenance & Troubleshooting Equipment Maintenance / Troubleshooting and Repair
This activity shall be provided at the Auburn City Probation Department on This activity shall be provided at the Auburn City Probation Department on Monday,
Monday, Wednesday and Fridays from 12 Noon to 4:0013M or at 2WM's Tacoma Wednesday and Fridays from 12 Noon to 4:OOPM or at 2WM's Tacoma office or as agreed
office as agreed upon with the Auburn city Probation Department. Otherwise, upon with the Auburn City Probation Department. Otherwise, see MRT notes below.
see MR T notes below.
8 Web-Based Software Access Web - Based Software Access
2WM shall provide specified log-on and password(s) to Auburn City Probation.
9 Subpoenaed Court Testimony Sub eonaed Court Testimony
Court testimony shall be provided at $50.00 per hour as requested, Court testimony shall be provided at an hourly rate of $50.00 per hour with a minimal of two
2 hours charged for preparations.
10, Offender Qualification Qualifying and Program Selection
The city of Auburn shall be reponsible for qualifying offenders as Indigent or Auburn City Probation shall be reponsible for qualifying offenders for Monitoring. Auburn
not for determiniation of pricing rate. City Probation shall declare offenders financial responsibility and the type of Electronic
Monitoring Program.
EXTRA SERVICES EXTRA SERVICES
11 Mobile Response Teem MRT Mobile Response Team MR
This Is an EXTRA SERVICE and shall be Invoiced at $50.00 per hour when the This Is an EXTRA SERVICE and shall be invoiced at $50.00 per hour when the MRT staff Is
MRT staff is dispatched solely and specifically in "EMERGENCY" situations. dispatched solely and specifically In "EMERGENCY" situations. The Auburn City Probation
The Auburn City Probation Department reserves the right to re-classity an Department reserves the right to re-classify an "EMERGENCY" status to "NORMAL" after the
"EMERGENCY" status to "NORMAL" after the fact. fact.
"BENCH WARRANTS Removal
All Bench Warrant equipment removals handled by the Auburn City Probation staff is of. no
charge. All Bench Warrant (BW) equipment removals handled as an EMERGENCY requiring
2WM's MRT staff to be dispatched solely and specifically because of BW will be Invoiced at
$50.00 per.hour.
2 WATCH MONITORING, INC.
BRINGING PROTECTION TO COMMUNITIES
_ 1113 Tacoma Avenue South, Tacoma, WA 98402 ' (253) 589.0224 ` Fax: 866 - 735.0061
2wm.com
EXHIBIT "B" AMENDED
2011 Auburn Pricing
Equip Type Specs Alcohol Units Alcohol Compl 24x7 Monitoring Data Report 24x7 Help Verifying Method Reporting Standard Test Current Prop New City- Prop New
Method Center Support Frequency Desk Support Frequency a Rate Published Rate
Agency Protocol Aub Probation
VB Cell MEMS 3000 VB Cell Breath Alcohol Test Yes ASAP upon Yes Color Picture Standard Alcohol Reports Protocol $14.00 $13.75 $18.25
Unit (BAT) violation
w,
Agency Protocol Standard RF & Alcohol Aub Probation
VBR Cell MEMS 3000 VBR Cell Breath Alcohol Test Yes ASAP upon Yes Color Picture Reports Protocol $15.65 $14.75 $19.75
Unit + RF Trans (BAT)
violation
3 T;~
24x7 Monitor Data Report 24x7 Help HM-Aware RF Live Agent Intervene Reporting Current Prop New City- Prop New
Equip Type Specs GPS Units GPS Trace Freq.
Center Support Frequency Desk Support Beacon pay Rate Published Rate
Reliatrack Relia Trak 1 Piece Available for No Standard GPS N/A New $10,00 $12.50
Passive GPS Unit 5 Min. Yes 30 Min, Yes Additional Fee Reports
ReliaTrack ReliaTrack 1 Piece Available for Standard GPS $12,65 $11.50 $13,75
) 5 Min. Yes 5 Min. Yes Additional Fee Yes w/3 Way Voice Reports
Premulm GPS Unit
VB RLTRK VB BAT + RLTRK 5 Min Available for No Standard GPS
, Yes 30 Min, Yes New $16,75 $19.25
Passive GPS Passive Additional Fee Reports
VB RLTRK VB BAT + RLTRK Available for Standard GPS $26,65 $16,50 $21.50
Premium GPS Prem GPS 5 Min, Yes 5 Min, Yes Additional Fee Yes w/3 Way Voice Reports
City Rate Intake Fee: $25.00 Participant Intake Fee: $65.00
2 WATCH MONITORING, INC.
BRINGING PROTECTION TO COMMUNITIES
1113 Tacoma Avenue South Tacoma WA 98402 4 (253) 589. 0224 / A 866 - 735 - 0061
2wm.com