HomeMy WebLinkAboutITEM VIII-B-3
ACITY OAGENDA BILL APPROVAL FORM
WASH[NGTON
Agenda Subject: Resolution No. 4645 Date: September 22, 2010
Department: Attachments: Budget Impact:
Human Resources Resolution No. 4645
Administrative Recommendation:
City Council adopt Resolution No. 4645.
Backgtound Summary:
The City cuRently uses Electronic Home Monitoring (EHM) as an effective and efficient altemative to
incatceration. The surrent budget and proposed budgets for 2011 and 2012 include funding for
altematives 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 transdem5al EHM #esting 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 #o report for testing.
This contract will be funded from existing budgeted funds and will not impact the current budget or:the.
6udgets for 2011 or 2012.
S1004-3
A1.4 ,
Reyiewed by Council & Committees: Reviewed by Departments & Divisions.:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O .
❑ Airport Z Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ~ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ❑ Public Works p Legal ❑ Police -
❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources
❑ Information:Services
Action•
Committee Approval: DYes ❑No _
Council Approval: 0Yes ❑No Call for Public Hearing
RefeRed to Until
Tabled Until
Councilmember: Backus Staff: Heineman
Meetin --Date: Octo6er 4, 2010 Item Number: VIII.B.3
AUBURN*'MOItE THAN YOU IMAGINED ,
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 aftemative to incarceration program; and
WHEREAS, EHM is a fiscally prudent and responsible altemative to.
incarceration program, and
WHEREAS, the City of Aubum 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 Senrices 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 fufure City budget;
Resolution No. 4645
September 17, 2010 - Page 1 of2
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 .Aubum and the
Aubum City Cierk 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 necessa:ry to carryout the direcfives
of this legislation.
Section 3. Effective Date. That this Resolution shall take effect and be
in full force upon passage and signatures hereqn.
Dated and Signed this day of , 2010.
CITY OF AUBURN .
PETER B. LEWIS
MAYOR _
ATTEST:
Danielle E. Daskam, City Clerk
AP O D FORM: ;
~
iel B. ei ity Attomey
Resolution No. 4645
Sepfember 17, 2010
Page 2 of 2
SERVICE AGREEMENT - ELE.CT1tONIC 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.
1. SERVICE PROVIDER and AGENCY RESPONSIBILI'I'IES
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 (Exlubit "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 a111ost,
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 sha11 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 eaeh participant's program requirement. No purchase of equipment by Agency is either -
expressed or irnplied.
Once participant completes their program and equipment is removed, Service Provider shall retain said
equipment, unless otherwise agreed by both parties.
IV. ON-SI'TE STAFFING
The Service Provider will erisure tliat designated SCRAM/EHMIEHM 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 adequa.tely trained on the •
technology, ineluding installations, de-installations, and ongoing monitoring. To effectively monitor
participants on SCR.AM/EHM, technical staffwill 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 SCR.AM/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 SCR.AM/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 staffwill 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 yeaz, and annually thereafter, unless either party submits a
written notice 60 (sixty) calendar days priorto 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 eontractors 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 vehieles. 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 aze to contain, or be endorsed to contain, the following
provisions far 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, retuin 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 arid 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 Limita.tion.. 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 Equinment Propertv Coverage. The Service Provider shall ensure inventory management and
replacement of equipment at no cost to the Agency. The Service Proyider 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/CONFLIC'I' 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 neittier 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, sha11 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; howeyer, 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 mazket conditions.
IX. INDEMNIFICATION / NO WA1tRANTIES
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 harrnless from any and a11 claims, injuries, damages, losses or suits, including attomey fees, ,
arising out of, orresulting frorri 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 sha11 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 declazed 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 sha11 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 sha11
inure to the benefit of and be binding upon their respective successors in iriterest, heirs and assigns. '
Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this
Agreement or either Pazty places the enforcement of this Agreement in the hands of an Attorney, or files a lawsuit, the non-prevailing Party shall pay a11 attorney fees, costs and expenses. The venue for any dispute
related to ttiis 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. FaiTure 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 sha11 be governed by and interpreted in accordance
with the laws of the State of Washington.
Authoritv. 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 sha11 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.
rXnibic 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 fo modify or otherwise afFect any of the provisions of this
Agreement.
Perforinance. 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 iri 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 Gouncil).
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 sha11
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 lrnown to be the
and of the Consultant, the corporation/company that
executed the within and foregoing instrument, and acknowledged said' instcizment to be the free and
voluntary act and deed of said corporation/company, for the uses and purposes thereiri 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 a.nd `for the State
of Washington, residing at
My Commission
'Expires:
Attachments: Exhibit.l - Responsibility Matriz
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 staffto handle a11 tasks associated with
managing the technology and monitoring, as well as equipment supply and support.
Jail Alternative Progazns
o SCRAM (Continuous Alcohol Monitoring)
o SCRAMx (Continuous Alcohol Moriitoring with House Arrest) • GPS (G1oba1 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 a11 enrolled
offenders (i.e. directly to probation off cer and / or Judge- weekly, monthly, by request, and / or upon
violafion reporting).
- o Enroll offenders in applicable Service Provider Jail Altemative Program(s)
o Manage offender data, equipment, and reporting.
Supnort
; e Seivice Provider on-site support: Monday, Wednesday, and Friday 9AM-4PM
• Rrogram enrollments
a Program completions • Equipment updates -
• Offender payments
Work with you and your staff during'implementatiori to help you ga.in a general understanding of the
system.
City of Auburn.Responsibilities
Identify eligible offenders for either SCR.AM, SCRAMx, and/or GPS monitoring
ExHibit A
Rcsolution 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 Ndonitoring)
o $50 enrollment,fee -
0 $12 daily monitoring fee
SCRAMx (Continuous Alcohol Monitoring with House Arrest)
0 $50 enrollment fee
• $12 daily monitoring fee
GPS (Global Positioning System / EH1Vn
o $50 enrollment fee
o $12 daily monitoring fee
UA & ETG Services (Urinary Analysis)
m $65 ETG
• $65 UA
Cost Chart
This cost chart demonstrates our three models of payment 1.) Offender Pay 2.) Court Full Pay.
. . v x.,_.~. - K. F`-, '7Z~ °rr r, n re ~at'.a ~.i: - , k. u.,~ ~yYi"' "y,t .
g~Cost~ for,~S~CRA~M~ andC°~ r A ,~z 4 zervices`ff ,"'t p4 x F ~ ~ ~ w#~.f ~ ~ r
_ y w , ~ r,~ } U ' y ~k~ : ~q ~ , y~ ~~'a c , 3~ ;c°f"•~! . M~ F ~r ~ z ° ~c'?- h C -i x ~ .
(note, SCRAMx~~s,Alcohol mon~tor►ng with the House Arrest~Feature~mcluded~an~ does,require a~phone Lne)
i„ <.!~ti st.: s .~C M..~..n a r,. ..,.5 ~ r- tt~.~s3~ -_L.~ ~ _ 4~.. 1. 4 i'~ _ mV Sr'~ •-v;
t ~ - r ~ h aOffende'r Payn=~ ; If OffenderzCan
7, r 4A
a w q~ aji~~.
• ~ t"^- t:'~ ~5 t~ ~4 hf ~~'t?rt9
, a yr, ~ t p~ a i
$12 per§ $,k"per day,~$20
~Cost to O~ffender ~ , ` Instal~l Fee ~ a ; ~ ~ Install~Fee ~ ~ x~ ~ ~ ~ ; ~ ~ ~
.
I F uP ?c I ~s ;:-z7 "~C
, y $ P .
xa r~.Y' S"_ c t p r S T.
GPS/r~vic,es
EHM Se
. , ~1.. . r.~.. u•
_ . . . ~ .k F . r c.._: e r, . .n. ..m.w t .
4 r~' ' .;t ~t ~ ~a~k^s S 1'l -e"~ ~~r~✓~ h 4, ~~Y~. VY~3Y4~rY' 11' k~ p Y~,,~'.
Offender Pay
y ~ ri , ex 4 $:12 pe`r'~daY, $50 y rday,-$24
.
Cost to Offencler< ,u Install Fee~
x..
.
•
. , . .
Exhibit A
Resolution 4645 "
September 22, 2010