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Home My WebLink AboutR-1997-002 Agreement / Electronic Monitoring / Association of Sheriffs & Police ChiefsRESOLUTION NO. R-97- 0 2 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an Electronic Monitoring Agreement with the Association of Sheriffs and Police Chiefs. WHEREAS, the Probation Services Division of the Yakima Municipal Court desires to have an electronic monitoring program provided for persons participating in home detention as an alternative to incarceration; and WHEREAS, the Washington Association of Sheriffs and Police Chiefs ("WASPC") represents that it possesses sufficient skills and equipment necessary to provide said electronic monitoring program and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement with WASPC for an electronic monitoring program for home detention participants in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Electronic Monitoring Agreement with the Washington Association of Sheriffs and Police Chiefs for the purpose of obtaining an electronic monitoring program for home detention participants. The final Agreement shall be approved as to form by the City Attorney. ADOPTED BY THE CTTY COUNCIL this 7th day of January , 1997. ATTEST: Ac ing '3 City Clerk r../.l.erric ,onirorinp .,r«.r. Buchanan, Mayor ELECTRONIC MONITORING AGREEMENT THIS ELECTRONIC MONITORING AGREEMENT (hereafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and the Washington Association of Sheriffs and Police Chiefs (hereinafter "WASPC"). WHEREAS, the Probation Services Division of the Yakima Municipal Court desires to have an electronic monitoring program provided for persons participating in home detention as an alternative to incarceration. WHEREAS, the WASPC represents that it possesses sufficient skills and equipment necessary to provide said services and is willing to do so in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and WASPC as follows: 1. Scope of Services. WASPC shall provide the City with a home confinement electronic monitoring program for clients designated by the City. These services shall include the following: a. Continuous radio frequency home detection monitoring consisting of a radio transmitter attached to the client and a receiver which is monitored through the client's phone line. WASPC shall notify the City according to instructions provided by the City when a receiving unit is no longer receiving a signal from the transmitting device. b. WASPC shall provide the City with the necessary training for its personnel and consultation services regarding use Page - 1 (lk)agr/elctrnc mnitrng2 pm and operation of the electronic monitoring devices utilized by WASPC in the electronic monitoring program. c. When required by subpoena or court order, WASPC shall make a qualified person available to give expert testimony and provide physical evidence. d. Provide the City with all materials and equipment necessary to fully perform the electronic monitoring program, obligations, and duties required under this Agreement. 2. Consideration. As consideration for the electronic monitoring program and equipment provided hereunder to the City by WASPC, the City agrees to pay WASPC Five Dollars and Seventy -Five Cents ($5.75) per day for each client being electronically monitored by WASPC. WASPC shall submit to the City a monthly statement of charges encompassing each client designated by the City. Upon receipt of the statement of charges, the City shall have ten (10) calendar days to reconcile the statement and notify WASPC of any charge discrepancies/inaccuracies. The City shall make payment to WASPC within thirty (30) calendar days of receipt of the monthly statement of charges. 3. Term of Agreement. The term of this Agreement shall commence upon execution hereof and shall continue through December 31, 1997, unless sooner terminated by either party in accordance with Section 4. 4. Termination. Either party may terminate this Agreement, with or without cause, by providing fifteen (15) days written notice of termination. In the event of termination of this Agreement, both parties agree that this Agreement shall remain in full force and effect until such time as the monitoring term of each and every client previously referred to WASPC has been completed. Page - 2 (1k)agr/elctrnc mnitrng2 pm 5. No Insurance. It is understood the City does not maintain liability insurance for the WASPC and/or its employees. 6. Hold Harmless, Indemnification, and Liability. a. WASPC agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of WASPC, its officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. b. The City agrees to hold harmless, indemnify, and defend WASPC, its officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non- performance of this Agreement. c. Additionally, the City agrees to hold harmless, indemnify, and defend WASPC, its officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from, arise out of, or are in any way connected with the City's method of selecting candidates for the electronic monitoring program. d. Except as otherwise provided in subsection c of this Section, in the event that the officials, officers, agents, and/or employees of both WASPC and the City are negligent, each party shall be liable for its Page - 3 (1k)agr/elctrnc mnitrng2 pm contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). e. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 7. Liability for Loss or Damage to Equipment The City shall be liable for the loss of or damage to monitoring equipment installed in the residence of a client and/or on the client's body. Any deliberate damage to or theft of monitoring equipment shall be reported by the City to local law enforcement for investigation. The cost of replacement or repair of equipment shall be at the prevailing rate as specified by WASPC. In the event that electronic monitoring equipment is lost or stolen, the City shall have fifteen (15) calendar days to locate and return the equipment before WASPC shall bill the City for the lost/stolen equipment. 8. Client Selection and Management. The Probation Services Division retains complete authority for client selection and management of client. The Probation Services Division shall be responsible for all liaison work with courts and other agencies. 9. Status of the WASPC. WASPC and the City understand and expressly agree that the WASPC is an independent contractor in the performance of each and every part of this Agreement. WASPC and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 10. Taxes and Assessments. WASPC shall be solely responsible for compensating its employees and for paying all related taxes, deductions, Page - 4 (lk)agr/elctrnc mnitrng2 pm and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, WASPC shall pay the same before it becomes due. 11. Nondiscrimination Provision. During the performance of this Agreement, WASPC shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 12. Compliance With Law. WASPC agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by WASPC to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the WASPC stated herein. 14. Severability. If any provision of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. If any provision of this Agreement appears or is held to be in conflict with any Washington State law, said provision shall be deemed and modified to conform to such law. Page - 5 (lk)agr/elctrnc mnitrng2 pm 1 5 . Entire Agreement. This written document constitutes the entire agreement between the City and WASPC. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 16. Waiver of Terms. The City and WASPC agree that the forgiveness of the nonperformance of any provision of this Agreement by either party does not constitute a waiver of provisions of this Agreement. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO WASPC: Probation Officer Yakima Municipal Court 200 South Third Street Yakima, WA 98901 Electronic Monitoring Coordinator WASPC P.O. Box 826 Olympia, WA 98507 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent first class mail or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. Page - 6 (1k)agr/elctrnc mnitrng2 pm 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By: R. A. Zais, Jr., City Manager DATE: A1"1'EST: q ity lerk cfr cOlrAW Mo: 97- b RESOLUTION NO R- 9 ? - .Z Page - 7 (1k)agr/elctrnc mnitrng2.pm WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS By: 4ury Erickson Executive Director DATE: << ' BUSINESS OF THE CITY COUNCIL YAIUMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of f f 7/ cj 7 ITEM TITLE: Resolution authorizing the execution of an electronic monitoring agreement with Washington Association of Sheriffs and Police Chiefs ("WASPC"). SUBMITTED BY: John Hanson, Finance Director CONTACT PERSON/TELEPHONE: John Hanson, Finance Director (575-6053) Maurice M. Harris, Probation Officer (575-3570) SUMMARY EXPLANATION: The Probation Services Division of the Yakima Municipal Court desires to implement a home detention program as an alternative to incarceration for certain persons convicted of misdemeanor offenses. Candidates for the home detention program must meet certain criteria to ensure that such individuals do not pose a safety and/or security risk to the community. Qualified persons will be charged $20.00 for each day of participation in the home detention program. An electronic monitoring system is necessary in order to implement the home detention program. Various entities have been contacted to provide a cost-effecient electronic monitoring system. WASPC is willing to provide an electronic monitoring program to the City at the rate of $5.75 per day for each individual being electronically monitored by WASPC. The term of the proposed agreement is one year. It is anticipated that the cost of the WASPC electronic monitoring program will be less- than $25,000.00. Attached hereto for the City Council's consideration and approval is a resolution and the proposed electronic monitoring agreement with WASPC. Resolution X Ordinance Contract X Other(Specify) Funding Source APPROVED FOR SUBMITTAL:��'—� City Manager STAFF RECOMMENDATION: Pass resolution authorizing execution of agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: agenda/hummel.rp Resolution adopted. Resolution No. R-97-2