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HomeMy WebLinkAboutITEM V-B AGENDA BILL APPROVAL FORM Agenda Subject:Date: Resolution No. 4645 September 22, 2010 Department:Attachments:Budget Impact: Human Resources Resolution No. 4645 Administrative Recommendation: City Council introduce and adopt Resolution No. 4645 Background Summary: The City currently uses Electronic Home Monitoring (EHM) as an effective and efficient alternative to incarceration. The current budget and proposed budgets for 2011 and 2012 include funding for alternatives to incarcerations, in which EHM is included, but not line item identified. Exhibit A is a service contract from an additional EHM service provider that uses transdermal EHM testing where a land line is available to the client. This allows for random testing of the client without him/her knowing it is taking place and without him/her having to report for testing. This contract will be funded from existing budgeted funds and will not impact the current budget or the budgets for 2011 or 2012. S1004-3 Agenda Subject:Date: Reviewed by Council & Committees:Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works LegalPolice Planning Comm. OtherPublic Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes NoCall for Public Hearing___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until___/___/____ Councilmember:Staff: Backus Heineman Meeting Date:Item Number: October 18, 2010 Page 2 of 2 RESOLUTION NO.4645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND HOME BOUND SERVICES, A DIVISION OF MSSI. WHEREAS, Electronic Home Monitoring (EHM) is an efficient and effective alternative to incarceration program; and WHEREAS, EHM is a fiscally prudent and responsible alternative to incarceration program, and WHEREAS, the City of Auburn desires to continue, and increase participation in its Electronic Home Monitoring (EHM) program in the most effective manner; and WHEREAS, transdermal testing allows for random testing of the client 24 hours per day, where a telephone land line is available; and WHEREAS, Home Bound Services has experience providing this type of testing and monitoring; and WHEREAS, the transdermal program is a less expensive program than the current EHM program, and WHEREAS, the two programs will be used in conjunction with each other, one where a land line is available and the other where a line is not available; and WHEREAS, money for EHM programs is currently included in the overall budget for alternatives to incarceration in current and future City budget; ------------------------------------- Resolution No. 4645 September 17, 2010 Page 1 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY, ASSEMBLED HEREWITH : RESOLVES as follows Section 1.Purpose. That the Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an agreement between the City of Auburn and Home Bound Services which agreement shall be in substantial conformity with the agreement, a copy of which is attached hereto, marked as Exhibit A and incorporated herein by this reference. Section 2. Implementation. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3.Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2010. CITY OF AUBURN ___________________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney ------------------------------------- Resolution No. 4645 September 17, 2010 Page 2 of 2 SERVICE AGREEMENT - ELECTRONIC HOME MONITORING (EHM) AND ALCOHOL MONITORING SERVICES CITY OF AUBURN Home Bound Services a division of MSSI, (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. I. SERVICE PROVIDER and AGENCY RESPONSIBILITIES Attached Responsibility Matrix (Exhibit “1”) outlines the responsibilities/expectations of both Service Provider and Agency and is hereby made a part of this Agreement. II. PRICING SCHEDULE The attached Pricing Schedule (Exhibit “2”) outlines both the Offender Paid and Agency Paid pricing and is hereby made a part of this Agreement. III. EQUIPMENT The Service Provider will provide the equipment necessary to implement the program, as well as an unlimited supply should the demand grow for other programs or populations. This will include inventory management, support with maintenance and replacement of defective, lost or damaged equipment, a per day per unit price by which Marathon only pays for active units in use – with no cost for units on the shelf at a certain level of utilization (see Exhibit “2”), and The Service Provider takes responsibility for all lost, stolen or damaged equipment at no cost to Auburn Probation. The Service Provider will ensure that the program has cleaning supplies for equipment, as well as additional tools or parts needed for SCRAM/EHM operations/monitoring. 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 the Service Provider 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. Once participant completes their program and equipment is removed, Service Provider shall retain said equipment, unless otherwise agreed by both parties. IV. ON-SITE STAFFING The Service Provider will ensure that designated SCRAM/EHM/EHM technicians provide intensive support and training on the technology during the implementation of the program. The Service Provider SCRAM/EHM staff will ensure that technical staff assigned to the program are adequately trained on the technology, including installations, de-installations, and ongoing monitoring. To effectively monitor participants on SCRAM/EHM, technical staff will be trained to understand and navigate through SCRAM/EHM, how to interpret and respond to the Daily Action Plan, how to trouble shoot equipment or communication alerts, as well as responding to confirmed alerts/violations. Exhibit A Resolution 4645 September 22, 2010 The Service Provider will provide ongoing technical expertise and support to Agency to ensure quality, effective SCRAM/EHM services. This will include HBS/MSSI SCRAM/EHM technicians traveling to Auburn Probation whenever necessary at no cost. HBS/MSSI will ensure ongoing training and staff development as the technology changes or upgrades, to include training on SCRAM/EHM – continuous alcohol monitoring with house arrest. Designated SCRAM/EHM staff and program leaders will be available by telephone at any time to assist with technical or monitoring issues, such as issues with equipment or troubleshooting to resolve communication alerts. When AMS confirms violations have occurred, HBS/MSSI will assist to provide Violation Reports for the program to notify the Court and other designated parties. HBS/MSSI SCRAM/EHM staff will also be available to provide the initial level of support for court challenges, which includes testifying in court. V. SERVICE AGREEMENT DURATION This Agreement shall be in effect until 12/31/2010 from the last date signed. This Agreement will automatically renew for an additional calendar year, and annually thereafter, unless either party submits a written notice 60 (sixty) calendar days prior to termination of services provided, but in such case shall remain liable for payments due pursuant to provision of services by Service Provider up to and including such date. VI. 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. 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 by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Agency. Exhibit A Resolution 4645 September 22, 2010 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 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 otherwise limit the Agency’s recourse to any remedy available at law or in equity. Agency Equipment Property Coverage. The Service Provider shall ensure inventory management and replacement of equipment at no cost to the Agency. The Service Provider will ensure that the program is supplied with all necessary tools and supplies for SCRAM/EHM operations and will assume responsibility for all lost, stolen or damaged equipment. VII. 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. 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. VIII. 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. IX. 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 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 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. Exhibit A Resolution 4645 September 22, 2010 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. The provisions of this section will continue to be enforced even after the term of this Service Agreement has expired. X. 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 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, 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 declare another 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. Exhibit A Resolution 4645 September 22, 2010 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. Payments. Payment will be made in accordance with the City’s finance/accounts payable policy (i.e. payment upon receipt of the voucher and upon approval of that voucher by the Council). 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN Provider ____________________________________ ____________________________________ Peter B. Lewis, Mayor Title: Attest: ____________________________________ Danielle E. Daskam, City Clerk Approved as to form: ____________________________________ Daniel B. Heid, City Attorney Exhibit A Resolution 4645 September 22, 2010 STATE OF WASHINGTON ) ) ss. COUNTY OF _____________ ) ON THIS day of , 20 , before me, personally appeared and , to me known to be the and of the Consultant, the corporation/company that executedthe 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 on oath stated that they were authorized to execute said instrument. GIVEN under my hand and official seal this day of, 20. ________________________________ NOTARY PUBLIC in and for the State of Washington, residing at _________________My Commission Expires: ___________________ Attachments: Exhibit 1 – Responsibility Matrix Exhibit 2 – Pricing Schedule Exhibit A Resolution 4645 September 22, 2010 Exhibit 1 Scope of Services The Service Provider offers full service models with designated staff to handle all tasks associated with managing the technology and monitoring, as well as equipment supply and support. Jail Alternative Programs SCRAM (Continuous Alcohol Monitoring) SCRAMx (Continuous Alcohol Monitoring with House Arrest) GPS (Global Positioning System) UA & ETG Services (Urinary Analysis) Procedures Identify eligible offenders for either SCRAM, SCRAMx, and / or GPS monitoring Establish specifications and guidelines for the frequency and method of reporting on all enrolled offenders (i.e. directly to probation officer and / or Judge- weekly, monthly, by request, and / or upon violation reporting). Enroll offenders in applicable Service Provider Jail Alternative Program(s) Manage offender data, equipment, and reporting. Support Service Provider on-site support: Monday, Wednesday, and Friday 9AM-4PM Program enrollments Program completions Equipment updates Offender payments Work with you and your staff during implementation to help you gain a general understanding of the system. City of Auburn Responsibilities Identify eligible offenders for either SCRAM, SCRAMx, and/or GPS monitoring Exhibit A Resolution 4645 September 22, 2010 Exhibit 2 Cost Schedule No fees are incurred by the City of Auburn or Auburn Probation Department in the Full Service, Offender Pay Model. Full Service Offender Pay Model (100% billed directly to the Offender) billed as follows: SCRAM (Continuous Alcohol Monitoring) $50 enrollment fee $12 daily monitoring fee SCRAMx (Continuous Alcohol Monitoring with House Arrest) $50 enrollment fee $12 daily monitoring fee GPS (Global Positioning System / EHM) $50 enrollment fee $12 daily monitoring fee UA & ETG Services (Urinary Analysis) $65 ETG $65 UA Cost Chart This cost chart demonstrates our three models of payment 1.) Offender Pay 2.) Court Full Pay. Cost for SCRAM and SCRAMx Services (note, SCRAMx is Alcohol monitoring with the House Arrest Feature included and does require a phone line) Offender Pay Court Full Pay $12 per day, $50 $0 Cost to Offender Install Fee $12 per day, $20 $0 Cost to Court Install Fee Cost for GPS/EHM Services Offender Pay Court Subsidized $12 per day, $50 $12 per day, $20 Cost to Offender Install Fee Install Fee $12 per day, $20 $0 Cost to Court Install Fee Exhibit A Resolution 4645 September 22, 2010 Exhibit A Resolution 4645 September 22, 2010