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