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HomeMy WebLinkAbout20-109 - Friendship Diversion Services - Pre-Filing Diversion ProgramCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 20-109 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Friendship Diversion Services, hereinafter referred to as "the Contractor". WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 1 Compensation and Method of Payment. The Contractor shall retain any and all fees approved by the City and charged to offenders receiving services. No payment shall be made by the City to the Contractor for any services provided by the Contractor. The Contractor shall only charge offenders for services provided and shall only charge the rates approved by the City as detailed in Exhibit B. Any rates not approved by the City shall not be charged to offenders. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January1, 2021, and ending December 31, 2022, unless terminated under the provisions hereinafter specified. 4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent Friendship Diversion Services 2021-2022 Page 1 of 10 1/1 jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's 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. 6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover 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. B. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 3710 01 or substitute endorsements providing equivalent coverage. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. Friendship Diversion Services 2021-2022 Page 2 of 10 C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Contractor 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 Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City: 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained fora period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contem plated by this Agreement without the written consent of the City: 12. Entire greement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes Friendship Diversion Services 2021-2022 Page 3 of 10 all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 13. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: Tukwila Prosecuting Attorney c/o Walls Law Firm 16300 Christensen Road Ste 360 Tukwila, Washington 98188 Notices to the Contractor shall be sent to the following address: Ronnie Wuest, Executive Director Friendship Diversion Services PO Box 11215 Olympia WA 98508 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this 19th day of October CITY OF TUKWILA , 2020. David Cline, City Administrator CONTRACTOR By: Ronnie Wuest, Executive Director Friendship Diversion Services 2021-2022 Page 4 of 10 FRIENDSHP DIVERSION PROGRAM CITY OF TUKWILA PRE FILE DIVERSION SCOPE OF WORK GOAL: Provide the community a supervised alternative to expensive criminal justice processes for adult, nonviolentoffenders referred by the City's Prosecuting Attorney's Office. Friendship supervises individuals referred from the Prosecutor to assure they comply with conditions established by the program in pre -charge. These conditions include payment of victim restitution, payment of a supervision fee, community service, educational workshops and other conditions as may be established at the intake of each individual. Upon completion of pre -charge diversion program, defendants will not have criminal charges filed, resulting in no criminal conviction, which would impede their future. OBJECTIVES: 1) Implementation of individualized service plans for all referrals for the period through December 31, 2022 renewable by agreement of the parties. 2) Compile and submit required program reports/data. 3) Monitor participant's program compliance including completion of assigned community service hours, payment of victim restitution and supervision fee as well as other assigned conditions. NEEDS STATEMENT: By referring selected cases to Friendship that have historically been found to be manageable and successful, the Prosecutor's office saves substantial time and dollars which it can use in the pursuit of more serious participants within our community. Defendants who remain in the community on diversion, paying restitution to their victims, paying a supervision fee to support Friendship and reduce criminal justice costs and provide volunteer services to community agencies enhances the benefits of this program. STATEMENT OF SERVICES: Referral: Friendship Diversion will provide the services outlined under Pre -Filing Diversion Offenses to all individuals with cases referred by the City Prosecutor. Upon receipt of prosecutor's determination of eligibility for diversion along with a deadline for the participant to contact Friendship Diversion a letter will be sent to Friendship with the referral packet. Friendship Diversion Services 2021-2022 Page 5 of 10 Failure to Contact: In the event the participant fails to contact Friendship by the deadline specified Friendship shall: (a) contact the participant by telephone, email or letter providing one more opportunity to comply with the diversion referral within 5 days; and (b) within 10 days of that expiration, send notice to the City of the participant's failure to meet the deadline. Friendship's obligations under the agreement to provide services shall terminate upon sending the notice. Initial Contact: When a participant contacts Friendship prior to the deadline, Friendship staff will obtain basic statistical information and schedule an appointment for an intake and enrollment. Intake/Enrollment: During this initial meeting, staff will explain the details of the participant's program. Before signing the agreement, the participant will be offered time to consult with their attorney if they choose. Participants that wish to consult counsel will be scheduled an appointment within two weeks to either enter into the program or have the case returned to the prosecutor for charging decision. At the time of enrollments, the participant will pay a down payment on their fees. All documents will be signed and deadlines to complete requirements are established. If participants are in need of supportive services, staff will provide referrals to local agencies to assist in their needs. Staff keeps in house, written materials, schedules and information of service agencies within the area. Program: Each program is designed to last 3 -months in duration unless unique circumstances require a longer program. The following will be a condition of each diversion agreement • payment of supervision fees reporting to Friendship staff community service work restitution if required • immediate reporting of change in address, phone number, employment status • Educational workshop, seminar or class related to the offense referred (see sanctions) Reporting: Each participant is required to report once per month to staff. Any non-compliant issues may result in a more frequent reporting schedule. Consideration will be given to disabilities that prohibit travel to meet with staff and telephonic reporting will be considered. Community Service Work: Friendship will maintain a list of eligible businesses, government agencies and non-profit organizations suitable for community service work When a participant submits proof of completion of community service, staff will verify hours with site supervisor. Only timesheets provided by Friendship will be accepted for reporting hours. Friendship Diversion Services 2021-2022 Page 6 of 10 Maintenance of Law -Abiding Behavior: Friendship staff will review the Judicial Information System monthly to determine if any new law violations have occurred. If a participant reports new law violations, or new charges are discovered, the prosecutor's office will be notified via a Non -Compliance Notice. Decision for revoking diversion agreements are at the discretion of prosecuting staff. Non -Compliance: Problem solving with participants for missed appointments or deadlines will be managed by Friendship Staff. Staff shall take steps to encourage and enable participants to successfully complete the diversion program. The prosecutor shall be notified on a participant's failure to attend or comply with terms of their agreement. The prosecutor has the discretion to order Friendship to revoke the diversion agreement or continue to work with the participant. Successful Completion: Upon proof of completion of all requirements the prosecutor's office will be notified in writing with a Notice of Completion. This will occur within 10 days of completion. Statistics: On a Quarterly basis, Friendship will provide the City with statistical reports outlining referral, enrollments, completions and failures as . Fees: Cases monitored for 3 months will be assessed a $300 fee. Additional month extensions with approval will be $50.00 per month. Fees will be adjusted for defendants whose gross income falls below the Federal Poverty Guidelines utilizing the sliding fee scale in the attached Fee Assessment Steps. If the inability to pay the supervision fee is the only thing preventing a defendant from participating in a diversion program, Friendship Diversion Services will contact the prosecutor's office. Friendship Diversion Services 2021-2022 Page 7of10 PRE -FILING DIVERSION OFFENSES A 8-24 hours community service Budget Management and/or Theft Awareness Workshop Restitution No contact with victim No criminal law violations Theft Possession of Stolen Property UIBC Failure to Return Leased Property Vehicle Prowl Eligibility - The suspect has no prior similar charges within the last.7 years. No associated non- divertible criminal charges. B 8-24 hours community service Defensive Driving/Traffic Safety School Restitution No criminal law violations Hit and Run, Unattended Hit and Run, Property Hit and Run, Attended Eligibility - The suspect has no similar or major traffic charges within the last 10 years. No associated non-divertible criminal charges. c 8-16 hours community service Health Check and HIV test Stay out of Areas of Prostitution John School No criminal law violations Prostitution Prostitution Loitering Eligibility - The suspect has no similar charges within the last 7 years. No associated non-divertible criminal charges. Friendship Diversion Services 2021-2022 Page 8 of 10 D 8-16 hours community service No contact with victim No criminal law violations Trespass 1 Trespass 2 Eligibility- The suspect has no similar charges within the last 7 years. No associated non-divertible criminal charges E 8-16 hours community service Obtain necessary permit/licenses/documents No criminal law violations Failure to Transfer Title Trip Permit Violation Allowing Unauthorized Person to Drive Failure to Register Vehicle Cancelled Plates/Registration Commercial Vehicle/CDL Violations Eligibility - The suspect has no similar charges within the last 7 years. No associated non-divertible criminal charges. F 8-16 hours community service ADIS and/or VIP AA/NA as appropriate No criminal law violations MIP Poss MJ Furnishing Alcohol to Minors Possession Drug Paraphernalia Eligibility - The suspect has no similar charges within the last 7 years. No associated non-divertible criminal charges. Friendship Diversion Services 2021-2022 Page 9 of 10 EXHIBIT B FEE ASSESSMENT STEPS For Non DV/DUI cases only Identify Gross income of defendant, spouse and others sharing financial responsibilities Does that amount meet the Federal Poverty Guidelines? 2020 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA Persons in family/household For families/households with more than 8 persons, add $4,480 for each additional person. Poverty guideline 1 $12,760 2 $17,240 3 $21,720 4 $26,200 5 $30,680 6 $35,160 7 $39,640 8 $44,120 IF INCOME FALLS BELOW THE POVERTY LEVEL: Use the following formula to calculate reductions: Persons in family/household Fee Reduction /o Municipal Court 3 Months $300 Municipal Court 6 Months $500 Municipal Court 1 Yr $750 1 5% $285 $475 $713 2 10% $270 $450 $675 3 15% $265 $425 $638 4 20% $240 $400 $600 5 25% $225 $375 $563 6 + 30% $210 $350 $525 Friendship Diversion Services 2021-2022 Page 10 of 10