HomeMy WebLinkAboutMoon Security Services IncSERVICE AGREEMENT - ELECTRONIC HOME MONITORING
(EHM) AND ALCOHOL MONITORING SERVICES
CITY OF AUBURN
Moon Security Services, Inc. (Service Provider) and City of Auburn (City) 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 CITY RESPONSIBILITIES
The Contractor shall setup the court ordered participant on the equipment as ordered by the court ofjurisdiction. All
services provided will be provided and performed in conformance with applicable City and State standards, regulations
and laws.
The equipment is listed below -
SCRAM — Continuous alcohol monitoring
SCRAMx — Continuous alcohol monitoring with an RP house arrest component
SCRAM & SCRAMx have wireless systems available for an additional fee
Remote Breath - Point in time testing with facial recognition
EHM /GPS Monitoring — point in time tracking of individuals
EHM/GPS w/Domestic Violence Unit- Point in time tracking of the individual and the victim who are monitored due to
domestic violence charge or conviction. The victim carries a device linked through software which alerts the victim that
the offender with the charge or conviction is in the vicinity
Service Provider shall have the right to update, revise or replace equipment types and relevant pricing only with prior and
advanced approval from City
Equipment is the property of the Service Provider and is only being utilized by City or offender for the duration of each
participant's program requirement. No purchase of equipment by City 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.
2. PRICING SCHEDULE
The pricing below is the current prices for the participants under this contract:
SCRAM $12 -00 per day with wireless device $14.00 per day
SCRAMx— $15.00 per day with wireless device $17.00 per day
GPS $15.00 per day with Domestic Violence unit $28.00
Remote Breath $ 6.00 per day
Set up fee $50.00 plus tax
REFERRAL PROCESS
The Court of Jurisdiction will email the Court Order to ehm � ,moonsecuritv_com or fax the order to the appropriate office
listed in this Agreement. Please note on the referral if the participant is designated a 'City Pay" participant or a "Self
Pay" participant.
4. REPORTING PROCESS
The Service Provider will report any and all information to the Court of Jurisdiction in regards to Compliance or Non -
Compliance issues and will provide detailed violation reports that include the type of violation and system generated
2
reports specific to that individual being monitored. The Service Provider will send a notice of enrollment and completion
to the Court via fax or email.
5. PAYMENT
The City agrees to pay the Service Provider for services provided as set forth in Section 2 of this agreement. Payment can
be made in the form of check or credit card. All credit card payments will include a 3% convenience fee.
An invoice to the Citv will be submitted by email on the I ° business day of every month, for the previous month, with the
number of monitored days used in that month and the rate charged. Invoices shall be paid within thirty (30) days of
receipt of the invoice. A 1.5% late fee will be added after 45 days.
6. 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 City shall be
named as an additional insured under the Service Provider's Commercial General Liability insurance policy with respect
to the work performed for the City, 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
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions
for Commercial General Liability insurance:
• The Provider's insurance coverage shall be primary insurance as respect the City Any Insurance, self - insurance,
or insurance pool coverage maintained by the City 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 City
Provider shall furnish the City 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 City's
recourse to any remedy available at law or in equity
7. LOST /STOLEN /ABSCONDED EQUIPMENT
The Service Provider will be responsibility for ensuring that each participant executes the participant agreement from
where they accept financial responsibility for all lost, stolen, damaged, or absconded equipment while on the specified
program. If the participant does not comply with the participant agreement and executes one of the aforementioned acts,
the Service Provider will ask the Court of Jurisdiction to assist in the filing of criminal theft of services charges as defined
in RCW 9A.56.040 or 9A.56.050
8. 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 orother
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
9. TERM
This contact shall be in full force and effect upon execution of this agreement and shall run year to year and may be
terminated by either party immediately upon request. Contract is not to exceed fifty thousand ($50,000) dollars in any one
year term.
10. INDEMNIFICATION
The Service Provider shall defend, indemnify and hold the City 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 City
The City 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 City 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 or 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.
The provisions of this section will continue to be enforced even after the term of this Service Agreement has expired.
11. 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 orthis 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.
Assi ne ment. 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. The venue for any dispute related to this agreement shall be held in King County,
Washington.
Authori _ 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
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.
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
Nancy Back u , yor ,{
Moon Security Services, Inc.
Laurel Heinemann