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Home My WebLink About07-122 - Washington Association of Sheriffs Police Chiefs - Electronic Home Monitoring WASISTON ASSOCIATION OF SHERIFFS AND POLICOPHIEFS SIG AGENCY BASED ELECTRONIC MONITORING AGREEMENT THIS AGREEMENT, hereinafter referred to as "Agreement" dated July 23, 2007 is made between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS hereinafter referred to as "WASPC" with its principal place of business located at 3060 Willamette Drive NE, Lacey, WA 98516, and the CITY OF TUKWILA hereinafter referred to as "The Department with its principal place of business located at 6200 Southcenter Blvd Tukwila, WA 98188 -2544. WITNESSETH WHEREAS, The Department desires to have certain services performed as hereinafter set forth requiring specialized skills, equipment and other supportive capabilities; and WHEREAS, WASPC represents that it possesses sufficient skills and necessary capabilities and equipment to perform the services set forth in this Agreement; NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances, contained herein, the parties hereto agree as follows: I. SERVICES WASPC shall perform services and accomplish such tasks, including for electronic monitoring on a per client, per -day basis. The the furnishing of all materials and equipment necessary for full Department agrees to pay WASPC in accordance with the attached performance, as are identified and designated as WASPC Pricing Schedule. responsibilities throughout this Agreement. WASPC will charge for each monitoring conducted for any day or IL TERM OF AGREEMENT, TERMINATION, DURATION, AND part of any day during the interval preceding the submission of the RENEWAL statement of charges. The term of this Agreement is for one year [unless terminated as The Department agrees to pay WASPC an Equipment Inventory cost provided herein] from the effective date of the Agreement. of $3.85 per -unit, per -day. Inventory cost is based upon any agency that has in their possession a quantity of equipment not in service, This Agreement, its terms, conditions and authorized amendments, greater than necessary for timely operation. The quantity of shelf shall be renewed automatically for succeeding periods of one year on equipment allowable without cost will be determined based on the anniversary date of its original effective date unless either party program size and remain the final decision of WASPC. provides written notice within 60 days of the expiration of such one year term that the party wishes to terminate the Agreement at the All prices include applicable tax. WASPC reserves the right to adjust expiration of the one -year term. these rates during the contract period if necessary. In the event a price adjustment is necessary WASPC will provide The Department All notifications in respect to this Agreement shall be in writing and with written notification of adjustment thirty [30] days prior to any signed by a duly authorized representative of the party. Notification adjustment. WASPC reserves the right to assess interest charges on documents shall be sent by certified mail or delivered by messenger. all past due accounts and initiate collection actions. Any legal fees or costs associated with said collection shall be awarded to the Upon proper notification neither party shall be obligated to the other prevailing party. in any way outside those responsibilities defined in this Agreement. Notwithstanding, upon completion of WASPC services, The In the event any new electronic monitoring equipment should become Department shall return in a timely manner all property due to available during the term of this Agreement, the prices for such WASPC. WASPC is entitled to full payment for services rendered equipment shall be the subject of good faith negotiation between the and accepted by The Department whether during the term of this parties and shall become an addendum to this Agreement. Agreement or thereafter. Submission of Statement M. COMPENSATION AND METHOD OF PAYMENT WASPC will, at monthly intervals, submit a statement of charges encompassing each client as designated by The Department. Cost Payment for Service The price of services shall include the cost of all services, equipment, Upon receipt of the statement for services The Department will have maintenance, training, and one way shipping necessary ten [10] days to reconcile the statement and dispute any differences. Payment by The Department shall be made no later than thirty [30] days from the receipt of the statement for services. Revised March 1, 2005 IV. LOSS OF OR DAMAGE TO EQUIPMENT as if the Agreement did not contain the particular provision held to be invalid. The Department shall assume all risk of loss of or damage to the equipment from any cause whatsoever from and after the date of delivery. Deliberate damage to or theft of monitoring equipment will be reported to local law enforcement for investigation. The cost of replacement is denoted on the Pricing Schedule attached. The cost for repair will be at the prevailing rate as specified by WASPC. In the event the equipment is lost or stolen The Department will have 15 days to locate and return the equipment before a billing takes place. V. INDEMNIFICATION Each party shall be responsible for its own acts and omissions and those of its officers, agents, elected officials and employees with respect to this Agreement. Each party shall indemnify, defend and hold the other party harmless from all cost, expense, claim, liability, penalty, injury or damage of any nature arising out of or in connection with their acts and omissions under this Agreement. Each party agrees to waive its immunity under RCW Title 51 for claims arising out of or in connection with this Agreement. In the case of concurrent negligence of both parties, any liability shall be assessed in proportion to the percentage of negligence attributable to each party as determined by a court of competent jurisdiction, 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 VI. LIABILITY DISCLAIMER WASPC is not responsible for, and makes no implied or express warranty regarding, the conduct of an offender while participating in the electronic home monitoring program. WASPC's duties and responsibilities are limited to the monitoring services provided for in paragraph X of this Agreement. WASPC neither warrants nor represents that its monitoring of an offender will deter or cease an offender from re- offending or causing damage to person or property. An offender's eligibility for the electronic monitoring program is not determined by WASPC. Only the sentencing judge, after reviewing the offender's criminal history, can make a final determination of program eligibility. VII. GOVERNING LAW AND VENUE This Agreement shall be construed in accordance with, and governed by the laws of the State of Washington. Venue for any action shall be in the Superior Court of Thurston County, Washington. VIII. SEVERABILITY It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the Courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced Revised March 1, 2005 IX. ENTIRE AGREEMENT; WAIVER This Agreement, together with attachments hereto, and other documents or instruments executed by WASPC and The Department in connection herewith, shall constitute the entire agreement between the parties. This Agreement shall not be modified, amended, altered or changed except with written consent of The Department and WASPC. Any provision of this Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Agreement. The waiver by WASPC of any breach by The Department of any term covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. X. MONITORING SERVICES WASPC will provide monitoring services with respect to individuals "Participants The Department selects to participate in the Electronic Monitoring Program. Monitoring Services shall include: (a) continuous radio frequency (RF) home detection monitoring consisting of a transmitter attached to the Participant and a receiver which is monitored through the Participant's phone line. The system reports when the receiving unit is no longer receiving a signal from the transmitting device. (b) Tracking will be performed using GPS. The Participant will wear a transmitter and carry a tracking device, which will receive satellite signals from GPS, which will pinpoint the Participants location on the ground. (c) Breath Alcohol Testing will be performed through the use of a video camera and a portable BAC electronically tied to the monitoring system, which can be integrated, with the RF or GPS systems. The Participant can receive up to three calls /breath tests in a twenty -four period. (d) Unless specifically agreed otherwise, WASPC shall provide The Department notice of a Participant's violation of the electronic monitoring program via intemet access, text message paging or e-mail. It is the agencies responsibility to take action regarding the violation. (e) WASPC shall conduct training and provide consultation in the operation of electronic monitoring devices used by WASPC. (f) When required by Subpoena or Court Order, WASPC will make available a qualified person to give expert testimony and provide physical evidence at the then reasonable and customary rate for such services. DATED: SIGNED: t/ SIGNED: DATED: SIGNED: Authorized Representative Revised March 1, 2005 J epresentative Approved As To Form July 23, 2007 Donald G. Pierce, Executiv Washington Association of Sheriffs and Police Chiefs Michael E. McAleenan Approved As To Form Smith Ailing Lane tor