HomeMy WebLinkAboutITEM VIII-B-1
* *
CITY OF *
~ AGENDA BILL APPROVAL FORIVI
WASHINGTON
Agenda Subject: Resolution No. 4599 Date: May 12, 2010
Department: Attachmenfs: Budget impact:
Human Resources Resolufion No. 4599 -
Administrative Recommendation:
City Council adopt Resolution No. 4599.
Background Summary:
Resolution No. 4599 authorizes a service agreement for electronic home monitoring and alcohol
monitoring services. A1.4.1, A3.16.10
Reviewed by Council & Committees: Reviewed tiy Departments 8 Divisions: -
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
~ Airport ~ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner 0 Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD p Fire ❑ Planning
❑ Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other p Putilic Works ❑ Human Resources
❑ Information Services
Action:
CommitteeApproval: ❑Yes ❑No
Council Approval: ❑Yes ❑No CaU for Rublic Hearing
Referred to Until
Tabled Until
Councilmember: Backus Staff: . Heineman
Meetin" Date: Ma " 17, 2010 Item Number: VI11.6.1
t1UBURN * MORE THAN YOU IMAGINED
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, 1NC FOR ELECTRONIC HOME
MONITORING AND ALCOHOL MONITORING SERVICES
WHEREAS, . the, City of Auburn is engaged in various municipal
functions, including court and probation services; and ,
- WHEREAS, in order, to provide for such services, if is appropriate that
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: abili.ty to provide for these
services at a cost that is acceptable to the City; and
WHEREAS, it is in the public interest for_ the City of Auburn and 2 Watch
Monitoring, Inc., to enter into an agreement for Electronic Home Monitoring and
Alcohol Monitoring Senrices.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGT'ON, 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 '
Alcohol Monitoring Services which agreement shall be in substantial conformity
Resotution No. 4599 "
May 12, 2010 Page 1 of 2
with the Agreement a copy of which is attached hereto, marked as Exhibit "A"
and incorporated herein bythis reference.
Section 2: The Mayor is hereby authorized to 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 day of , 2010.
CITY OF AUBURN
PETER B. LEVIIIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP OVED AS TO F M:
~aniel 6. eid, Ci ney Resolution No. 4599
May. 12, 2010
Page 2 of 2
1
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MONITORING
SERVICE AGREEMENT - ELECTRONIC HOME M~O:IVITORING (EHM) AND
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ALCOHOL MONIYORING SER~'U`ICES
CITY OF AUBURIV -N9~a,~;7~17'0
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2 Watch Monitoring, Inc. (Service Provider) and City of Aubur ,~~'Agency) hereby eriteryi`nto this written Service
Agreement under the terms and conditions set forth herein::and~per other attached andxr.eferenced documents. 4.} t.t.,'J. `.r
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SERVICE PROVIDERand AGENCY RESPONSIB6UT~IES
Attached Responsibility Matrix (Exhibit "A") outlines the respo~s~'bilities/expi~fations of both Ser~ce Provider and
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Agency and is hereby made a part of this agreeinent. ~.wti~: y::~~y i°:;~;•.w
PRICING SCHEDULE
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The attached Pricing Schedule (Exhibit f/Bd) outli'nes•.both t,~~ie:~?.ffender Paid:a~rd;Agency Paid pricing and is hereby made
a part of this agreement. ~~~ti~:,, ~`~ti
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EQUIPMENT
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"tt, Proposed equipment / prod°ucts are as follos:
TrackerPal II - by Sec```~ur~e Alert
MEMS 3000 VBR by qmoTech "~w^~
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PharmChek.,Drug Patch by PharmChe~Eabst,
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Service Pr,ov~der shall have~the right to uptdate, revise or c~~lace~equipment types and relevant pricing only with prior
and advanced approval from Agen"°cy.
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Equipment is'~Jie property of 2 Wateh1~tM;onitoring,`lnc. and is only being utilized by Agency or offender for the duration
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of each participarat's:~?rogram requireme. ~t. No purciaase of equipment by Agency is either expressed or implied.
Service Provider shall prorride all requirerl:equipment, software and accessories for complete program participation.
Once participant completes t4ir.p ogr~m and equipment is removed, Service Provider shall retain said equipment,
unless otherwise agreed by bofFr:;pa;cties.
ON-SITE STAFFING
Service Provideragrees to provide enrollment; installation and activation ofelectronic 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 numberof 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. Agency shall I,
Corporate Office - Tacoma 1113 Tacoma Ave " Tacoma, WA " 98402 ' 253.589.0224 • Fax: 866.735.0061 ' service.wa@2wm.com
• Other Offices: Spokane, WA' Apache Junction, AZ .
- - . I
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provide Service Provide 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 on installation/activation date and ends on date of program completion, as
indicated bycourt authoriry or court order.
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Offender Paid Payment Provisions: Electronic monitoring programs shal~b' ~"ender Paid, unless City of Auburn
ualifies offender as indi ent then
q g , Agency Paid pricing shall prevail a~ae~~!►~n. . shall be invoiced per below.
• 2WM's Participation Service Agreement (Exhibit a~c eference) shall be reviewed and
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signed by each offende r/pa rtici pant prior to pr. i
amctvatio
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• Typicallyrequired is at least 2-4 weeks up-fro~t,~E~~ plus enrollmeHowever, we have a low-
income/hardship policy thafi allows flexibi~~t~':ith installment amo~tat`~and duration of payment
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schedule.
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Agency Paid Pa ment Provisions: Invoiced to Ci of Auburn Pra` ion De "Y ty pt:Mpnthly per actiye.~~l~its, payable net 15
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days. Agency agrees to compensate service prayider for Offender'~aJd ~FOgtams that become deliyent after 30 days
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of termination from program or program coro~xCet , Compensation.sl~all be at offender paid pncing. The Contraetor
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shall be solely responsible for the payment of anyktaxeshi~tnposed by any~~awf;ul jurisdiction as a result of the performance
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and payment of this Agreement.
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SERVICE AGREEMENT DURKTFON
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This Agreement shall be m e`~,~~c~~or c~rtecalendar year~,~~o~ TFie Agreement may be extended on a
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yearly basis upon written agteement of ft3~e perties. The~4.s~}ia'~,e a joint rev~e,~.rn,'~r>of this Service Agreement by Agency
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and Service Provider every 6;rnanths to re evi~terms or termtr.tate. Agency has the right to terminate this Service
Agreement at any time, but m suck~case shalt,temain liable fQiw,payments due pursuant to provision of senrices by
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Service Providerup to and mcludrr~g~t~cFr.~a~~~y~k
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vti'`'rotihr.'.'1."a v`k`~``+..a. w;•,tv The ServiWPr,ovider shall procu~~;~apd mamtatwta~for the duration of this Agreement, insurance against claims for injuries
to persons or;damages to property;"anF~ti.ch ma arFSe.from or in connection with the performance of the work hereunder
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by the Serviceavider, its agents, resentative~mployees. -
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. '^;,•~~115,..*,,`+, ti}„:;x, a
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Minimum Scope of C`ti "+,~erage. The Serv~t~e~Provider shall obtain insurance of the types described below:
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Commercial General Liabilitv:-~.;~nsurance;shall 6e written on ISO occurrence form CG 00 01 and shall cover liability arising
from premises, operations, indepen~de~t°contractors and personal injury and advertising injury. The Agency shall be
named as an insured under the.Proyid"er's Commercial General Liability insurance polity with respect tothe work_
performed for the Agency, with minimum liability limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
Workers Compensation - Such workmen's compensation and other similar insurance as may be required by law.
Automobile Liabilitv - 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 coverege. 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: 866J35.0061 ' service.wa@2wm.com
Other Offices: Spokane, WA' Apache Junction, AZ '
3
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.
o 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.
Insurance is to be placed with insurers with a current A.M. Best rating of not I,~es - ~,.than A:VII. Provider shall furnish the.
'4'~ 44ti
Agency with o.riginal certifcates and a copy of the amendatory endorsemer,~~s,,~fr;t~tuding but not necessarilylimited to
x~wti the additional insured endorsement, evidencing the insurance requireme-
~ts;o the Provider before comrriencement of
the work.
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Notimifation. The Service Provider's maintenance of insuranceas re~r~ired by~~Agreement shall not be construed to
~.,limit the liability of the Service Provider to the coverage provisuch insurance ior~otherwise limit the Agency's
recourse to any remedy availeble at law or in equity.
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Agency Equipment Property Coverage. For Offender Paid pr~a`grams, Participant is responsibtg#nr damage, loss, or theft
of equipment, under the provisions of their signed Participatiota"greement,with 2WM.
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For Agency Paid programs the following appties--``~~``~'~'~`~'
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Secure Alert Equipment: ~:k..~• .
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Agency Pricing includes insurance coverage fd,:tlamag'~.~ e~,~~ost,ti unretucn~inoperable equipment. Ifi a device
becomes inoperably damaged orwlost, a$75 ded`(jct►ble will`~~'` rged pe~~caccurrence to cover Service Provider's
;~v'~ ~~tiw'k'k}'wi ,'y+.'k`w:~~•: deductible and administratim,pos~ss. ,oAccessories 6f`s,6ch equip~ent~`sucb as stra;Rs, chargers, installation equipment
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and the like shall be replaeed a~ $10 per:occurrence. •ti~~4 ~4'~`~i,~ ~ ry
ElmoTech Equipmeni.~ x,.,yp,
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Agency- Pricing mcludes insura+nce cove,rage~,for dama ed; ~~usi, unreturned or ino erable e ui ment. If a device
~
becomes inoper~tsN.Y~3a~maged or`losi~ 3111l~l~wi~lLx up to a~~annual cap of 5% of total contract price. (example: if
Agency wasi'nvoieed fvrw$25;U00 .
in 2010~~~en you wauad have 5%'x $25,000 in coverage or $1,250 for the year) . w~,~,~;;, w ~
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Drug Patch`js.not covered.~~'~~ti
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INDEPEN[3EI~T CONTRACTOR/LONFC#10F INTEREST
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It is the intention~and undecstanding e Parties~tfia~ the Contractor shall be an independent contractor and that the
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City shall be neither~["rable nor obligatetf'+r~~to~pay Contractor sick leave, vacation pay, or any other benefit of employment,
nor pay any social secuffity,or other tax f Industrial or any other insurance that is purchased for the beneft of the
City, regardless of whethersuch may prWide a secondary or incidental beneft to the Contractor, shall not be deemed to
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convert this Agreementto at~.e4rap lo.ent confract. It is recognized that Contractor may or will be performing
professional services during the"J.-far other parties; provided, however, that such performance of other ser'ices shall
not conflict with or interFere with``Coritractor's a. bility to perform the Services. Contractor agrees to resolve any such
conflicts of interest in favor of the City.
N60DIF6CATION
During Service Agreement duration, Agency and Service Provider may modify or revise any portion of Service
Agreement, upon written acceptance of modifications by both parties. Service Provider shall have the right to review
and evaluate pricing every 6 months based on current economic, market and regulatory conditions, and to subsequently
revise pricing, with agreement from Agency,to meet market conditions.
Corporate OfFce - Tacoma 1113 Tacoma Ave ' Tacoma, WA " 98402 " 253.589.0224 * Fax: 866.735.0061 " service.wa@2wm.com
Other Offices: Spokane, WA " Apache Junction, AZ
4
INDEMNIF9CATION / 9V0 WARRAN$IES
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 Senrice 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 Agr,eement, except for injuries and damages
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caused by the sole negligence of the Service
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Provider
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In the event of liability for damages arising out of bodily injury to perscr' damages to property caused by or resulting
from the concurrent negligence of the Service Provider and the Cityr;~`#`s~~affice~, dfficials, employees, and volunteers, any
damagesallowed shall be levied in proportion to the percentag~e ofinegligence atf table to each party, and each party
shall have the right to seek contribution from the other party4Frr',~iroportion to the percentage of negligence attributable
to theother party.~ ~X:~
It is further specifically and expressly understood that the ind~~ ~nification provided herein co~r~tst~tutes the Parties'
waiver of immunity under Industrial Insurance, Title 51 RCW, so1d for the, . bses of this mde~inification. This waiver
~
has been mutually negotiated by the Parties..;~i,e provisions of this bsec~~ " o~a A ~all survive the expik ra~+i~•or termination of
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this Agreement. ~~,~~~;:~;:~w•:~ ..~.~w~,~~:T"' ~w
2WATCH MONITORING MAKES NO WARRA'NTIES; wEXP~RESSED OR~IMPLIED IN CONNECTION WITH THI$
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`SERVICE AGREEMENT INCLUDING WARRAI~'tES OFN11~I~ZHANTABfUF~I~,OR FITNESS FOR A PARTICULAR
PURPOSE.
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If any disclaimer or limit;oh~,~rability fo~'equential ~ropertytidamages~fncded in this Service Agreement is found
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invalid under the laws ostate for4~tar~aich the terms.;:o~ this Senrice Agreement are interpreted, tFien those
consequential property damag~~ill not exceed $100.00 petconsequential injury or loss. tiw, "'kM ~titi •.~~~~~k
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The~,~Srnvi~ons~~,oftitithis sectian~~u71 contintJi6iiowbe enforced even after the term of this Service Agreement has
expired '4w'a`•;7",y;.;;•..>
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GENERALTROVISIONS
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Entire A~reemer~t~~This Agreement confiains aIF of the;agreements of the Parties with respect to any matt er covered or
; `~~e mentioned in thiVi4greEment and no p°r~%s agreemen~ shall be effective for any purpose.
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Modification. No provis1o6ypf this AgreemLint, including this provision, may be amended or modified except by written
agreement signed by the Pdrkles.
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. ~ y~'+1,Full Force and Effect. Any provisiQy,nY:~of'this Agreement that is declared invalid or illegal shall in no way affect or
invelidate any other provision hereof and such other provisions shall remain in full force and effect.
Assignment. Neither the Contractor 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.
Suacessor in Interest. Subject to the foregoi "ng Subsection, the rights and obligations of the Parties shall inure to the
benefit of and be binding upontheir respective successors in interest, heirs and assigns.
Corporate Office - Tacoma 1113 Tacoma Ave "Tacoma, WA' 98402' 253.589.0224 Fax: 866.735.0061 ' service.wa@2wm.com
Other Offices: Spokane, WA' Apache Junction, AZ
5
Attornev Fees. In the event either.of the Perties defaults on the performance of any terms of this Agreement oc 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 the City to declare any breach or default immediately upon occurrence shall not waive
such breach or default. Failure of the City to declare one 6reach or default does not act as a waiver of the City's right to
declare another breach or default. '
Governing Law. ThisAgreement shall be made in and shall be governed byya,nit1riterpreted in accordance with the laws
of the 5tate of Washington. .
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Authori . Each individual executing this Agreement on behalf of theC~tyand~,GQntractor represents and warrants that
such individuals are duly authorized to execute and deliver this A~greeiGrent on~`l~ehatf of the City or the Contractor.
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Notices. Any notices required to be given by the Parties sh~ll,bwe.~elivered at the adctne`ti sses set forth below:t Any notices
k.'4.`s ,may be delivered personally to the addressee of the notiee~o~~'nay be deposited in the l~nFted States mail, postage
prepaid, to the address set forth below. Any.notice so postedkm the United States mail shall;ibeWeemed received three
.
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(3) days after the date of mailing.
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Captions. The respective captions of the SeCAo,Si,I.s,oft,his Agreement:a~~nserted for convenience of-reference only and
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shall not be deemed to modify or ofherwise afftiL~$,a~ywof the provisions a~~•E~,iis Agreement:
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Performance. Time is of the essence of this Agreewk~t~nt antl~`eae4a,nd all of itsp~Mvisions in which performance is a
factor. Adherence to completion.,dafes set forth m the4descript~~fthe Services~s:essential to the Contractor's
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performance of this Agreemeclt ~.%`K~~~,~~~~
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Remedies.Cumulative An~',remedies provuled~for under`ttte'~i~r.ms of this Agieement are not intended to be exclusive,
-
but shall be cumulative with ail;ather remedre'.,s availa6le to~tlie;City at law, in equity or by statute.
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Counterparts.'~t_r,~~eement ma~~be}executec~~na~t~r number+or~counterparts, which counterparts shall collectively
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constifute~triq`w, tire Agreement.
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- IN W.L~^;;,~,IESS WHEREOF, t~ie~rparties heidetpq,'v have caused this Agreement to be executed effective the day and
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year fcst set fortJ~~~,bove.
M`"x4i~~, CITY OFAUBURN' 2 WATCH MONITORING, INC.
Peter B. tewis, Mayor Lui L. Leasiolagi, President/CEO
Attest:
Danielle E. Daskam, City Clerk
Approved as to form:
~
Corporate Office - Tacoma 1113 Tacoma Ave " Tacoma, WA " 98402 '.253.589.0224 " Fax: 866J35.0061 " service.wa@2wm.com
Other Offices: Spokane, WA' Apache Jundion, AZ
6
Daniel B. Heid, City Attorney
STATE OF WASHINGTON )
) ss.
GOUNTY OF - )
ON THIS day of before me, personally appeared ,
and to me known to, tTie and
of the Consultant, the corporation/aompany that executed the withiot~jng insfrument, and acknowledged said
instrument to be the free and yoluntary act and deed of said corporation/eomparryfor the uses and purposes therein
mentioned, and on oath statedthat they were authorized to esaid instrume
~
GIVEN under my hand and official seal this ~day of
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~1~:NOTARY PUBLIC in and fortheState of
''*R~~~,,,, W2staipgton, residing at
~ My Corrimission Expires:
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, w~.,,tis~~* ~.*.~,y `w~..'~'~, v~:; ~,~.'~.g ,y tiy~•'•..ti M,^.'v . . " . tit~k ti: "~.w ,Po"w"~ , .,s"k.~~,~,", . . 'a,,,~,~.ti,.w ti.ti . , .
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ro'~`~`•~ ~`yi~° 'w~~ a ti *S w"sa" . . . .
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Attachments: Exhibit A- sibility 11Aatrix
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Exhibit B - PncindUfie~~~°~~,.~,,,~
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Eifhitii#~£` Perticipar~~S~rvrce`Pigrem
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.y.`^e.'y".4~''`•~ . , Corporate Office - Tacoma 1113 Tacoma Ave ' Tacoma, WA' 98402 ' 253.589.0224 ` Fax: 866.735.0061 " service.wa@2wm.com
Other Offices: Spokane, WA' Apache Jundion, AZ
' EXHIBIT A
CITY OF AUBURN & 2WM PROPOSED RESPONSIBILITY MATRIX city ot Auburn 2WM
• 1 Start-Up and~Ongoing Training as Needed - -
2WM':shall provide this service to City of Auburn personnel as required.
2 Offender Orientation, Equipment Insatallation & Program Activation .
2WM;shall be present every Monday, Wednesday & Friday, noon to 4pm @ City of Aubum
Probation Dept. for fhis activity.
, 3 Equipment Removal 8 Program Deactivatlon
This activity is provided either at the City of Aubum,Probation Dept on Mondays, Wednesdays
8 Fridays from noon to 4pm, or at 2WM offices, or as agreed with Aubum Probation.
Othervvise, 2WM shaU train City of Auburn Probation Dept. personnel for this activity.
4 Monitoring
, Providediin real-time (Active) from.8am - 5pm daily, and provided as a summary of violations -
(Passive):from'5:01 pm - 7:596m. .
5 Reporting
Violatiom Reports during business hours of 8am - 5pm shall be proyided as violations occur.
Violation Reports from 5:01pm - 7:59am shall be provided at'9am each morning as a
summary of violations to City of Aubum for previous nighYs violations: volation notification
shall be provided by 2WM monitoring staff to any agreed upon Aubum Probation staff yia any
method agreed upon (fax, email; text mssg, phone call, etc.)
6 Testing (UA & EtG)
As required'or recommended by 2WM monitoring programs.
7 Equipment Maintenance 8 Troubleshooting
This:activity is provided eitherat the City oFAu6um, Probation Dept on Mondays, Wednesdays
and Fridays from noon to 4pm, or at 2WM offices'or as agreed with Auburn Probation.
Otherwise, see AART notes below. .
8 Web-Based Software Access
9 Subpoenaed Court Testimony
Court testimony.shall be hourly @$50/hr. as requested.
10 Offender Qualification
City of Aubumrshall be responsible for qualifying offenders as indigent or not for
determiniation.of pricing rate.
EXTRA SERVICES `
11 Mobile Response Team (MRT)
This!is an extra;§ervioe:invoiced @,$50/hr. as requested in situations.where offenders cannot
leave their home or require:immediate equipment attention outside of the City, of Aubum or (d3
2WM Jocations. MRT'will request authorization from the City of Aubum prior to responding.
2 Watch Monkoring, Inc.
- .
2 W A T C H - ~
~
_ , , -
City ~ A s . - -
2'A
Wp NIT p R IN G ExH=$=T p s"
1. GPS Monitoring (Live/Real-Time) . ~
This one piece ankle bracelet w/ built-in cell-. phone, audible siren and live 24/7 GPS
monitoring includes, distinct features sueh 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 II
Usage Req'd Offender Paid City Paid (Indigents) By secure Aiert
fl
' 1-20 Units $15 / day $12.50 / day
21-40 Units $151 day $12.40 / day
Plus Enrollment Fee $50 one-time $ 25 one-time
. *eArrest Beacon(optionai) +$2.50 / day 2.25 / day
The eArrest Beacon is a device that utilizes radio frequency (RF) and compliments the TrackerPal II r
GPS tracking methods. Its purpose is to allowfor more precise tracking of offenders in areas where j0`
GPS solutions may be insufficient; such as inside multi-floor apartments. It is a small (2" square), -
self-contained short-range fransmitting station that is placed inside an ideal location and is assigned to Y *
one or more offenders wearing the TrackerPal II. Once activated, the eArrest Beacon and TP II de-
fines a location to which an offender`is restricted for specific times or all day or night. It can restrict eArreSt Beacon
the offender to within 35', 75' or 150' of a desired location. By Secure Alert
2. BreathalyzerAlcohol Monitoring (w/ House Arrest Feature)
This home-based 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 unif 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 $15.65 / day By ElmoTech
Plus Enrollment Fee $50 one-time $ 25 one-time
recorded facial recognition
2W'ATCH
JE2 City o A burn P -
MONI.TORING
3. Drug Patch .
An effecfive transdermal patch wom for7 days at a time, then sent #o lab for ~
analysis for detection of numerous drugs including cocaine, opiates, ampheta-
mines, PCP and marijuana. Cannot be diluted and is tamper-evident.
Lo .S.yw1 `'N
Usage Req'd Offender Paid City Paid (Indigents) PharmChek Patch
By Pha.rmChem Labs
1-20 Units $10 / day $7.50 / day
21-40 Units $10 / day $7.40 / day
. u~...i.
EXHIBIT C
2_ W A T C H
Participant Service Agreement (PSA 2WM-TAC) -
■ ■
MONITORING
Please check the appropriate box:
❑ . Electronic Home Monitoring E.H.M (GPS)
❑ Alcohol Monitoring (Breathalyzer/Transdermat)
o Gambination: House Arrest w% Alcohol Monitoring
❑ Random Urinalysis Testing
❑ Drug Patch
o OTMER
This PARTICIPANT SERVICE AGREEMENT(S) (the ."Agreement") dated this day of 20 ; is between
2 Watch Monitoring, Inc (2WM-TAC), a Washington State Corporation, and , hereinafter referred fo as the
"Participant." (Print Padrel,oants name above)
1. TERMS AND CONDITIONS FOR MONITORING:
➢ Participarrt is an individual who is required to.be or has agreed to be tracked by electronic monitoring equipment as directed or identified
by , the Referring Authoriry.
➢ 2WM-TAC agrees to let Participant use the electronic monitoring equipment listed in the "Equipment" section below.
➢ Participant must read and initial next to all agreements.
Section 1 Participant initials.
2. TERM:
a) The term of this Agreement shall be daily, based upon the terms and conditions of the court order and/or the Referring Authority. These terms
shall remain in effect until all equipment listed is retumed and accourrt is PA/D /NFULL"
Section 2 Participant Initials _
3. PARTICIPANT AGREES TO:
a) Pay 2WM-TAC for the lease of the equipment according to the FinanciaFTerms and Section Five (5) below.
b) Use the Electronic Monitoring equipment according to instructions given during Orientation and those included in this agreement and any
rules, laws, regulations, statutes or instructions that 2WM-TAC and/or Referring Authoriry requires the Participant to follow.
c) Provide current address and proof of residency at such address. Will also present a change of address request Sdays prioc to cfianging of
address.
d) Provide current and active usable contact phone numbers, email, and social media format: Will accept 2WM emails as `safe'.. Wilt accept
phone calls from 2WM and Monitoring Center 24/7. Will contact 2WM within 2hrs when messages are left on voice mail: To keep voice mail
boxes with ample room ior 2WM'and Monitoring Center to leave messages.
e) Report to 2WM OFFICE when instructed for equipment check or validation processes.
1) Authorizes 2WM to verify residency or employment and/or acquire information through public access iriformation process to qualifjr and
monitor participant.
Section 3 Participant Initfals _
4. EQUIPMENT OWNERSHIP AND USE:
a) Participant is not the owner of the equipment, so the Participant cannot sell, transfer, assign or sublease the equipment at any time.
b) P.artiCipant agrees to use and maintain the equipment as instructed and agrees not to alter, damage or disable the equipment
c) If the Participant is in default of any of the terms of this agreement. 2WM-TAC may terminate this Agreement and may repossess the
equipment from the Participant. Should 2WM-TAC have to repossess the equipment, the Rarticipant shall be subject to the enforcement of the
consequences as outlined wRhin this agreement which are separate from the Referting Authorities consequences.
Section 4 Participant Initials _
5. PAYMENT(S) BY CREDIT/DEBIT CARD, CASHIERS CHECK OR MONEY ORDER: -
a) The following minimum payments shali be required in full upon signing this Agreemerrt:
i. Program duration beyond 30days: 31 days advanced vavment plus the scheduled. orientation fee. Unless other paymen4 arrangement
are approved by 2WM-TAC Management
- Participant Initials _
OR
ii. Program duration 30days or less requires advance full,varment plus the schedule orientation fee. Unless other payment arrangement
are approved by 21NM-TAC Management.
Participant Initials _ .
OR
iii. If program duration is extended by Refe.rring Authority, then a NEW FINANCIAL AND PAYMENT SCHEDULE agreement must be
signed.
Section 5 Participant Initials _
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2 Watch Manitoring Spokane LLG Participant Seryice Agreement
6. FINANCIAL TERMS 8 PAYMENT SCHEDULE:
PROGRAM.DURATION: (Davs) PRE-TRIAL[] SENTENCEE] OTHER ~ PROGRAM DAILY RATE: $ NEXT COURT DATE ORIENTATION Fee: $ TYPE OF EQUIPMENT ASSIGNED:
ESTIMATED COST EQUIPMENT SERIAL NUMBER(S):
Daiy Late Fee: 2.00 RETURNED CHECKS: $ 50.00 AFTER HOURS, WEEKEND AND
HOLIDAY FEES: $100.00 FIRST HR.
_ $50 EACH ADDITIONAL HOUR.
DATE: AMOUNT: TYPE: BALANCE DUE: RECENED BY:
RARTICIPANT SIGNATURE:
By signing, I agree to make scheduled payments on time. Late daily payment fee applies when payment is late.
2WM-TAC AGENT: -
Section 6 Participant Initials _
7. DEFAULT AND REMEDIES:
a) The Participant agrees that hedhis obligation to pay is unconditional. If any part of a payment is not made when due because a check is
rejecfed or if a cashiers check or money order is invalid for any reason; Participarrt will 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) month foltowing the date the
original payment was due.
The Participant ensures 2WM-TAC per their signature of this agreement, that he/she witl not breach their obligation to this agreement and
agree to pay all fines or penalties relating to this agreement. 2WM-TAC reserves the right to terminate program, based on non-compliance
with terms and conditions of this agreement.
b) If the Participant fails to retum the equipment to 2WM-TAC. specified in this agreement to 2Watch Monitoring, Inc and/or Referring Authority;
the Participant agrees to pay 2WM-TAC the full market value of the repiacemenfequipment aVailable at that time, in addition to any other costs
associated writh 2WM-TAC repossession efforts.
c) 2WM will aursue filing Felonv Theft charges against the Particioant 'rf equpment (s) are not retumed.
d) Replacement, repossession and collection costs will bear interest at the rate of ten percent (10%) per year.. The ParticipanYwill pay 2Watch
Monito(ng; Inc these interest charges from the date of occurrence until paid in fulL 2Watch Monitoring, Inc may use any remedies available
under the Uniform Commercial Code or any other applicable law:
Section 7 Participant Initials _
8. NO WARRANTIES; INDEMNITY 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 Referring Authoriry caused by the misuse ocimproper maintenance of the equipment or for the Participant's failure to follow all instructions related to the use of the
equipment or for the failure of the equipment to operate as anticipated, defects in fhe manufacturing or programming of the equipment.
Participant agrees to hoid 2WM-TAC harmless and to indemnify 2Watch Monitoring, Inc from any liabiliry whatsoever arising from her/his use
of the monitoring equipment.
c) If any disclaimer or limit on liabiliry for consequential 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 consequenUal damages will not exceed $100.00 per consequential
injury or loss.
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2 Watch Monitoring Spokane LLG Participant Service Agreement
d) The provisions of this section will continue to be enforced even after the term of this Service Agreement has expired.
Section 8 Participant Initials
9: MISCELLANEOUS PROVISIONS:
e) No Waiver. Participant agrees that any delay or failure by 2WM-TAC to enforce its' rights under this Service Agreement will not prevent it
from enforcing any rights at a later time.
~ UnffoRn Commercial Code (UCC): Participant gives 2Watch Monitoring, Inc the right to immediatey file, at the ParticipanYs expense, any
Uniform Commercial Code (UCC) financing statemeMs or related filings or notices; as well as the right to sign Participant's name to any such
filings that 2Watch'Monitoring, Inc makes. Participant agrees to reduce the statute of limitations for any action for default to one (1) year after
the occumence of an alleged cause of action occurs, based on UCC section 2A-506.
g) Attomey Fees: In the event of litigation between the parties regarding this Service Agreement, the prevailing party will be entitled to payment
6y the losing party of its' reasonabie attomey fees, court costs and litigation expenses as determined by the court.
h) Jurisdiction and Venue: This Service Agreement shall be govemed, interpreted and construed tiy the laws of the §tate of Washington. Any .
defauft of this Service Agreement will be deemed to have occurred in the state of Washington. -
i) NON-DISPARAGEMENT: Participant agrees that he or she shall not, during the teRn of this Agreement or thereafter, malign, defame, blame,
or otherwise disparage 2WM-TAC, either pu6licly or privately, regarding the services.or equipment provided hereunde.r.
Section 9 Participant Initials _
10. DAMAGED / LOST / STOLEN DEVICES AND ACCESSORIES:
The Rarticipant agrees to use the equipment only for its intended purpase and shall not intentionally or unintentionally lose or damage the
equipment. The Participant ensures 2Watch Monitoring, Inc. that in the event that helshe should damage or lose the, equipment while in their
possession, 2WM-TAC is given the right to charge the full replacement cost of such equipment in:addition to participanYs daiy rate.
Participant lnitials _
' Damage Definitions
➢ Any Alcohol and Electronic Monitoring Equipment which has sustained damage to the casing or the strap that inhibits its' ability to
function properly or not at all. ,
➢ Any Alcohol and flectronic Monitoring Equipment accessories that have sustained damage which inhibits their abiliry to function properly
or not at all.
➢ Any time Participant illegally or without approval removes either the Alcohol, and or Electronic Monitoring equipment and disposes it.
➢ Any time Participant loses Alcohol and/or Electronic Monitoring equipment accessories (including and without limitation, theft of
accessories).
➢ Water Damage of Ankle Bracelet.
' Section 10 Participant Initials _
CREDIT / DEBIT CARD PROCESS
"All CredlUDebit Card phone transaction are processed as an on-line 'Sale' transaction.
"All recurring payments are applied only when the authorize Card Holder contacts 2WM to authorize payment.
""2WM will not keep CredNDebit Card numbers on file.
"C.rediUDebit Card holder can elect to receive via email a copy of the transaction.
This Participant Servlce Agreement coincide with Participant Application.
Participant acknowledges that she/he has read and examined this Service Agreemerrt, its' terms and conditions and agrees to all terms and conditions
as set forfh. 2WM-TAC shall not disclose any inbrtnation except to the appropnate Courts and Referring Authoritfes and/or Law Enforcement agencies.
Print ParticipanYs Name Participant's Signature -
ParticipanYs Address: ?Watch Monitoring, Inc. "
' 1113 7acoma Ave So.
Address: Tacoma,lNashington
City State: ZiP; Telephone: (253) 589 0224
Fax: . (866) 735 0061
Telepho.ne:
Email Address
2WM-TAC Agent Signature Date:
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