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HomeMy WebLinkAbout3908 Contract Number: 3908 Vendor: WA ASSOC OF SHERIFFS & POLICE CHIEFS (WASPC) Subject: Electronic Monitoring Department: Police File Class: LEG 12 -1 Begin Date: 05/05/1998 End Date: Review Date: 03/01/2011 Vault Date: Comments: Automatic Renewal or Termination w /60 day notice WASHINGTON ASSOCIATION OF SHERIFFS AND POLIuE CHIEFS ELECTRONIC MONITORING AGREEMENT THIS AGREEMENT, hereinafter referred to as "Agreement" dated, May 5, 1998 is made between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS hereinafter mien-ed to as "WASPC' with its principal place of business located at 2629 12th Court SW, Olympia, WA 98504, and the BREMERTON POLICE DEPARTMENT hereinafter referred to as "The City", with its principal place of business locaWaJ at 239 Fourth Street, Bremerton, WA 98310. WlTNESSETH WHEREAS, The City desires to have certain services performed as hereinafter set forth requiring specialized skills, equipment and other supportive capabilities; and WHEREAS, WASPC represenls that it possesses sufficient skills and neeessary 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, thc parties hereto agree as follows: L SERVICES WASPC shall perform services and accomplish such tasks, periods of one year each on thc almivcrsary of its original including the furnishing of all materials and equipment effective date unless termination procedures are followed. necessary for full performance, as are identified and designated as WASPC responsibilities throughout this HI. COMPENSATION AND METHOD OFPAYMENT A4lxecment. Cost H. TERM OF AGREEMENT, TERMINATION, Thc price of services shall include thc cost of all services, DURATION, AND RENEWAL equipment, maintenance, training, one way shipping, ctc., necessary for electronic monitoring on a per-client, per-day Thc term ofthis Agreemant is foroneycer [unlesstcrminatod basis. The City agrees to pay WASPC $5.75, [RF Only] as provided herein] from thc effective date of thc Agreement. and/or $8.75 [RF and Breath] for each monitoring conducted for any day or part of a day during thc interval preceding the This Agrecment may 10c terminated by either party upon submission of the statement of charges. written notification to thc other party. Cessation of services and responsibility defined in this Agreement may not take Thc City ag~es to pay WASPC thc sam of $150.00 each place less than sixty [60] days from thc receipt of notification month for each Drive-BI unit provided. except in thc evant of neglect of responsibility by either party. No termination may take place without thc notification Thc City agrees to pay WASPC an RF Inventory cost of procedure. $3.85. Inventory cost is based upon any agency who has in their possession a quantity of RF Units not in service, greater All notifications in respect to this Agreement shall be in than necessary for timely operation. The quantity of sheff writing and signed by a duly authorized representative of the units allowable without cost will be determined based on party. Notification documents shall be sent by certified mail program size and remain the final decision of WASPC, or delivered by messenger. Ail prices include applicable tax. WASPC reserves the tight Upon proper notification neither party shall be obligated to to adjust these rotes during the contract period ff necessary. the other in any way outside those responsibilities defined m In the event a price adjustment is necessary WASPC will this Agreement. Notwithstanding, upon completion of provide The City with written notification of adjustment WASPC services, The City shall return in a timely manner all thirty [30] days prior to any adjustment. property duo to WASPC. WASPC is entitled to full payment for services rendered and accepted by The City whether Submission of Statement during the term of this Agreement or thereallcr. WASPC will at monthly intervals, submit a statement of charges encompassing each client as designated by The City. This Agreement term, its conditions, and authorized amendments are renewed automatically for succeeding · Puyme.ntfor Service Agreement. The waiver by WASPC of any breach by The Upon receipt of the statement for services The City will have City of any term covenant or condition hereof shall not ten [10] days to reconcile the statement and dispute any opemte as a waiver of any subsequent breach thereof. differences. Paymem by The City shall be made no later than thirty [30] days from the receipt of the statement for services. IX, MONTIORING SERVICES IV. LOSS OF OR DAMAGE TO EQUIPMENT WASPC will provide monitoring services with mspeet to individuals ["Participants"] The City selects to participate in The City shall assume all risk of loss of or damage to the the Electronic Monitoring Program. equipment from any cause whatsoever from and after the date of delivery. Deliberate dam~age to or theft of monitoring Monitoring Services shall include: [al continuous radio equipment will be reported to local law enforcement for frequency IRF] home detection monitoring consisting of a investigation, radio transmitter attached to the Participant and a receiver which is monitored through the Participant's phone linc. The The cost of replacement or repair will be at the prevailing rote system reports when the receiving unit is no longer receiving as specified by WASPC. a signal from the transmitting device. Ih] Using equipment located in the monitoring center, the VisiTel visual telephone In the event the equipment is lost or stolen The City will have and a Breath Alcohol Testing unit [BAT] in the Participant's 15 days to locate and return the equipment before a billing residence and attached to Participant's phone line provides takes place, remote breath testing of participant alcohol level. While seated in from of the VisiTel visual phone, the Participant V. INDEMNIFICATION must breath into the remote BAT. The picture, while testing, along with electronic readout of his/her breath alcohol level, To the extent permitted by law, Ia] WASPC shall protect, is transmitted to the monitoring center. Each Participant is defend, indemnify, and save harmless The City, its officers, tested as often as four times each day. All activity will he employees, and agents from any and all costs, claims, reported according to instructions to he provided by The City. judgments or awards of damages, arising out of or in any way [c] WASPC shall conduct training and provide consultation resulting from the negligent acts or omissions of WASPC, its in the operation of electronic monitoring devices used by officers, employees and agents in performing this Agreement. WASPC. [d] When required by Subpoena or Court Order, [b] The City shall protect, defend, indemnify, and save WASPC will make available a qualified person to give expert harmless WASPC, its officers, employees, and agents from testimony and provide physical evidence. any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of The City, its officers, employees and agents in performing this Agreement. DATED: VL GOVERNING LAW SIGNED: This Agreement shall be construed in accordance with, and Authorized Representative governed by the laws of the State of Washington. VII. SEVERABILITY SIGNED: It is understood and agreed by the parties hereto that ff any part, term or provision of this Agreement is held by the Courts to be illegal, the validity of the rem~aimng provisions shall not be affected, and the rights and obligations of the / ApProvettZAs To Form parties shall he construed and enforced as ff the Agreement did not contain the particular provision held to be invalid. VlIL ENTIRE AGREEMENT; WAIVER This Agreement, together with attachments hereto, and other SIGNED: documents or instruments executed by WASPC and The City 'Larry ~rickson, Executive Director in connection herewith, shall constitute the entire agreement Washington Association of be~veen the parties. This Agreement shall not be modified, Sheriffs and Police Chiefs mended, altered or changed except with written consent of The City and WASPC. Any provision of this Agreemem found to be prohibited by law shall be ineffective to the extent Tim Schellber~ Attorney at Law of such prohibition without invalidating the remainder of the Approved As To Form