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HomeMy WebLinkAboutCAG1992-0083 - Original - Washington Association of Sheriffs and Police Chiefs - Electornic Monitoring Agreement - 08/25/1992 COPY WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS ELECTRONIC MONITORING AGREEMENT THIS AGREEMENT, made and entered into by and between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS, hereinafter referred to as "WASPC", and CITY of KENT , hereinafter referred to as ft PURCHASER " WITNESSETH: WHEREAS, PtirrhaGPr desires to have certain services performed as hereinafter set forth requiring specialized skills and other supportive capabilities; and WHEREAS, WASPC represents that it possesses sufficient skills and necessary capabilities to perform the services set forth in this Agreement; NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance, contained herein, the parties hereto agree as follows: 1. SERVICES: WASPC shall perform services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance, as are identified and designated as WASPC responsibilities throughout this Agreement and as detailed in Exhibit A attached hereto and made a part hereof. II. DURATION OF AGREEMENT: The term of this Agreement and performance of WASPC shall commence upon execution of the Agreement by both parties. This Agreement may be terminated by mutual agreement between the parties hereto or by 60 day written notice by either party. In the event of any termination of this Agreement, both parties agree that this Agreement will remain in full force and effect until such time as the monitoring term of each and every client has been completed. III. COMPENSATION AND METHOD OF PAYMENT: A. COST: The price of services shall include the cost of equipment, maintenance, training, shipping, etc., necessary for electronic monitoring on a per-client, per-day basis. (1). RF and VOICE @ $7.75 ELECTRONIC MONITORING AGREEMPNT PAGE 2 Revised 04192 (2). RF only @ $5.25 (3). VOICE VERIFICATION ONLY @ $6.00 (4). FIELD PROGRAMMER/ @ $1.75 DRIVE-BY UNIT (if less than ten total daily units) (5). RF INVENTORY COST @ $3.56 NOTE: ALL PRICES SUBJECT TO APPLICABLE TAX. Inventory cost is based upon any agency who has in their possession a quantity of RF units not in service, greater than 20% of their total billable inventory. WASPC reserves the right to adjust these rates during the contract period if necessary. B. SUBMISSION OF STATEMENT: WASPC will at monthly intervals, submit a statement of charges encompassing each client as designated by purchaser C. PAYMENT FOR SERVICE: upon receipt of the statement for services ipurchaseLwill have 10 days to reconcile the statement and dispute any differences. Payment by purchaser shall be made no later than 30 days from the receipt of the statement for services. IV. LOSS OF OR DAMAGE TO EQUIPMENT: Purchaser shall be liable for loss of or damage to monitoring equipment installed in the residence or on the person of a purchaser client. Deliberate damage to or theft of monitoring equipment will be reported to local law enforcement for investigation. The cost of replacement or repair will be at the prevailing rate as specified by VOREC, the supplier of the monitoring equipment. In the event that monitoring equipment is lost or stolen purchaser will have 15 days to locate and return the equipment before a billing takes place. ELECTRONIC MONITORING AGREEMENT PAGE Rcviscd 04192 V. HOLD HARMLESS AND INDEMNIFICATION: A. Purchaser and WASPC expressly agree to hold harmless and indemnify the other party and all of its officers, agents, or employees for any and all liability, loss or damage including reasonable cost of defense that they may suffer as a result of claims, demands, actions, or damages to any and all person or property, costs or judgments against the other which result from, or arise out of the sole negligence of its officers, agents, or employees of WASPC or purchaser in connection with or incidental to the performance of this Agreement. In the event that the officers, agents, or employees of both WASPC and purchaser are negligent, each party shall be liable for its contributory share of negligence. B. Purchaser expressly agrees to hold harmless and indemnify WASPC and all of its officers, agents, employees, or otherwise, from any and all liability, loss or damage including reasonable cost of defense that they may suffer as a result of claims, demands, actions, or damages to any and all person or property, costs or judgments against WASPC which result from, arise out of, or are in any way connected with purchasers method of selection of candidates to be placed into the electronic monitoring program. C. Nothing contained in the above paragraphs shall be construed to create a liability to or a right of indemnification in any third party. VI. JURISDICTION: A. This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by laws of the State of Washington, both as to interpretations and performance. B. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington. ELECTRONIC MONITORING AGREEMENT PAGE 4 Revised 04192 VII. SEVERABILITY: A. 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 as it the Agreement did not contain the particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statute of the State of Washington, said provision which may conflict therewith shall be deemed and modified to conform to such statutory provision. Vlll. ENTIRE AGREEMENT: The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. IX. WAIVER OF TERMS: It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of provisions of this Agreement. DATE S `! 1� DATED: 3 � WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS AUTHORIZE REPRESENTATIVE EUG ZE A. COTTON Dan Kelleher, Mayor EXECUTIVE DIRECTOR APPROVED AS TO FORM: APPROVED AS TO FORM: BY: JOHN WASBERG ASSISTANT ATTORNEY GENERAL Rog r Lubovi c City Attorney ELECTRONIC MONITORING AGREEMENT PAGE 5 Rcviscd 04192 Exhibit A WASPC shall provide a home confinement electronic monitoring program for clients as designated by purchaser . The services shall include: A. Telephone voice verification monitoring consisting of random telephone calls to telephone numbers designated by purchaser and comparison of voice of the individual answering the telephone with voice verification samples previously provided to the system. Frequency of random calls shall be specified by Purchaser . The systems inability to identify the voice received on a random llshall be reported according to instructions to be provided by purchaser B. 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. The system reports when the receiving unit is no longer receiving a signal from the transmitting device will be reported according to instructions to be provided by Durrhaser C. WASPC shall conduct training and provide consultation in the operation of the electronic monitoring devices. D. When required by Subpoena or Court Order, make available qualified person to give expert testimony and provide physical evidence.