Loading...
HomeMy WebLinkAboutLW11-029 - Original - Friendship Diversion Services - Criminal Case Diversion Agreement - 09/01/2011 ecords Marfagemen :b KE O T WASHINGroM Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Friendship Diversion Services Vendor Number: JD Edwards Number Contract Number: 4 l011—Oo2q a This is assigned by City Clerk's Office 4 b Project Name: Criminal Case Diversion Agreement ' Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 09/01/2011 Termination Date: Contract Renewal Notice (Days): At request of city Number of days required notice for termination or renewal or amendment Contract Manager: Arthur "Pat" Fitzpatrick Department: Law Detail: (i.e. address, location, parcel number, tax id, etc.): 5 Publlc\RecordsManagement\Forms\ContractCover\adcc7832 11/08 CRIMINAL CASE DIVERSION AGREEMENT BETWEEN CITY OF KENT AND FRIENDSHIP DIVERSION SERVICES THIS AGREEMENT is made by and between the City of Kent, a Washington Ij municipal corporation, located at 220 Fourth Avenue South, Kent, Washington ) 98032 (City), and Friendship Diversion Services, a public benefit corporation, located at 2401 Bristol Court S.W., Suite D 102, Olympia, Washington 98502, (Contractor). Recitals A. The City has discretion to file misdemeanor criminal cases in the Kent Municipal t Court. B. Under some circumstances, the public and the offender would be better served by diverting a criminal case from the criminal court system into a system in which the offender can give back to the community, change the behavior that led to the criminal 9 Y� 9 � conduct, and provide restitution to victims. C. Contractor is in the business of providing diversion services to municipalities wherein, in order for an offender to stay out of the criminal justice system or avoid conviction, he or she participates in and completes various programs, such as, but not limited to, community service, drug and alcohol treatment, consumer awareness classes, financial management classes, relicensing programs and counseling. D. By this Agreement, the City contracts with Contractor for pre-filing and pre-trial diversion services. Terms of Agreement I SECTION 1: SERVICES PROVIDED BY CONTRACTOR Contractor shall provide pre-filing and pre-trial diversion services (services) for the City. A detailed description of the services to be provided by Contractor is set forth in Exhibit A, which is attached hereto and incorporated herein by reference. The services shall be financially self-supportive and no financial support for the services will be provided by the City unless otherwise agreed to in writing. Contractor agrees to provide its own space, labor and materials in conjunction with providing the services. No material, labor or facilities will be furnished by the City. Contractor further agrees to maintain an office location within King County, Washington, which is not more than four miles from the Kent Municipal Court, which is currently located at 1220 South Central, Kent, WA 98032, as well as a local telephone in conjunction with providing the services. Contractor shall provide a written report to the City as to the results of the services, Diversion Agreement Page 1 of 8 (City of Kent and Friendship Diversion Services) as outlined in Exhibit A. Contractor's representative shall, at the request of the City, ! also attend up to one City Council meeting and one meeting of a committee of the City Council per year to provide information regarding the services. SECTION 2: DURATION OF AGREEMENT The term of this Agreement shall begin on September 1, 2011, and shall supersede the agreement last signed by Thomas Brubaker on January 27, 2011, and shall terminate as provided for in this Agreement. SECTION 3: CITY'S OBLIGATIONS In order to assist the Contractor in providing its services under this Agreement, the City shall provide relevant information which is available and subject to disclosure under applicable laws and court rules, as well as coordination with other agencies, as specified in Exhibit A. d SECTION 4: REPRESENTATIVES Each party to this Agreement shall have a representative to administer this Agreement. Each party may change its representative upon providing thirty days written notice to the other party. The parties' representatives are as follows: CONTRACTOR: Barbara E. Miller, Director P.O. Box 11215 Olympia, Washington 98508 Phone: (360) 357-8021 Fax: (360) 357-9149 ' Local Address: 1311 Central Avenue South Kent, WA 98032 Local Phone: (253) 520-7338 3 CITY OF KENT: Chief Prosecutor City of Kent Law Department 220 Fourth Avenue South Kent, Washington 98032 Phone: (253)856-5776 Fax: (253)856-6770 SECTION 5: COMPENSATION Contractor shall retain any and all fees approved by the City and charged to offenders receiving services. No payment shall be made by the City to Contractor for any services provided by Contractor. Contractor shall only charge offenders for services provided, and shall only charge the rates approved by the City as detailed in Exhibit A. Any rates not approved by the City shall not be charged to offenders. SECTION 6: MODIFICATION No modification or amendment of this Agreement shall be valid until the same is Diversion Agreement Page 2 of 8 (City of Kent and Friendship Diversion Services) reduced to writing and executed with the same formalities as this present Agreement. SECTION 7: DEFENSE, HOLD HARMLESS AND INDEMNIFICATION Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of the services called for in this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. This defense, indemnity and hold harmless provision shall apply to, but not be limited to, claims, lawsuits, injuries, damages, losses and all legal costs and attorney's fees ' which are brought or asserted by employees, officials, agents, volunteers and subcontractors of the City or Contractor, those receiving services called for in this Agreement, and third parties, such as, but not limited, to those with whom Contractor does business with and those who are killed, injured, or who suffer damage or loss due to the conduct or acts of those receiving services from contractor or who do business with Contractor. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of } this section shall survive the expiration or termination of this Agreement. In the event Contractor refuses tender of defense in any suit or claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently 3 determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. I IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE t INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE 4 THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. SECTION 8: TERMINATION Either Party may terminate this Agreement, with or without cause, upon providing the other party 30 days advance written notice at its address set forth in section 4 of this Agreement. Upon termination, Contractor shall continue to provide services for all offenders receiving services prior to termination, subject to City's determination and direction to Contractor not to continue providing such services. Upon termination, in the event of termination by either party, Contractor agrees to immediately turn over to the City, at its written request, all records of any kind or Diversion Agreement Page 3 of 8 (City of Kent and Friendship Diversion Services) nature which Contractor has kept in providing services under the terms of this Agreement. SECTION 9: ASSIGNMENT, DELEGATION, AND SUBCONTRACTING Contractor shall perform the services called for in this Agreement using only its bona fide employees, volunteers or agents. The obligations and duties of Contractor under ! this Agreement shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the City. SECTION 10: BACKGROUND CHECKS AND REMOVAL OF EMPLOYEES Prior to hiring, Contractor shall perform a background check through the Washington State Patrol on all of its employees, agents, or volunteers performing any services under this Agreement. In addition, on an annual basis, Contractor shall review the criminal history record information available through the Washington State Patrol of each employee, agent or volunteer, and shall promptly report to the City any reported criminal activity of any employee, agent or volunteer. Contractor shall ensure, by adequate management procedures or policies, that its employees, volunteers or agents follow the terms of this Agreement, and comply with all federal, t state, and City laws, rules, and regulations. Contractor agrees to immediately remove any of its employees, volunteers, or agents from assignment to perform services under this Agreement upon receipt of a written request to do so from the City. SECTION 11: INDEPENDENT CONTRACTOR Contractor's services shall be furnished by Contractor as an independent contractor and not as an agent, employee or servant of the City. Contractor specifically has the right to direct and control Contractor's own activities in providing the Services in accordance with the provisions set forth in this Agreement. Contractor acknowledges that the entire compensation for this Agreement is set forth in Section 5 of this Agreement, and Contractor and Contractor's employees, officers and agents are not entitled to any City benefits, including, but not limited to vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to the City employees. Contractor shall have and maintain complete responsibility and control over all of its sub-contractors, employees, agents, and representatives. No sub-contractor, employee, agent, or representative of the Contractor shall be or be deemed to be or act or purport to act as an employee, agent, or representative of the City. Contractor shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any city, county, federal or state law, rule, or regulation which is now or may during the term of this Agreement be enacted as to all persons employed by Contractor and as to all duties, activities and requirements by the Contractor in performance of the services under this Agreement and shall assume exclusive liability, and meet all Diversion Agreement Page 4 of 8 (City of Kent and Friendship Diversion Services) requirements hereunder pursuant to any laws, rules or regulations. Contractor shall indemnify and hold harmless the City for any and all costs, claims or awards in the event Contractor's employees, agents or volunteers are deemed to be employees of the City for any reason. i; SECTION 12: COMPLIANCE WITH LAWS Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in services called for in this Agreement or accruing out of the performance of those services. D SECTION 13: INSPECTION OF BOOKS AND RECORDS The City may, during normal business hours, and without notice, inspect the books and records of Contractor relating to the performance of this Agreement or the services provided to any offender. Contractor shall keep all records generated by virtue of the services provided for six years after termination of this Agreement for audit purposes. In the event the City Attorney determines that records of Contractor should be reviewed and/or provided pursuant to a public records request, Contractor shall promptly, and at its sole expense, provide the City Attorney with copies of any requested records, and the City Attorney shall have sole discretion to determine whether such records are public records and subject to disclosure. SECTION 14: DISCRIMINATION In the hiring of employees for the performance of the services called for in this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work file the attached Compliance Statement. a SECTION 15: CHOICE OF LAW, JURISDICTION, VENUE AND ATTORNEY'S FEES ; This Agreement shall be governed by and construed in accordance with the laws of the state of Washington. If the parties are unable to settle any dispute, difference, or claim arising out of the performance or lack of performance of this Agreement, or the interpretation of this Agreement, any suit shall be filed exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternate dispute resolution process. In any claim or lawsuit arising under this Agreement, each party shall pay all of its own costs and attorney's fees incurred in bringing or defending such claim or lawsuit including Diversion Agreement Page 5 of 8 (City of Kent and Friendship Diversion Services) the costs of any appeal, and shall not be responsible for the prevailing parry's costs or attorney's fees; provided, nothing in this section shall be construed to limit the City's R right to be indemnified and held harmless as otherwise provided in this Agreement. SECTION 16: LIMITATION OF ACTIONS. VENDOR MUST FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE WORK IS COMPLETED OR THE BASIS FOR THE CAUSE OF ACTION ARISES OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. SECTION 17: INSURANCE Contractor shall procure and maintain at all times in which services are provided o pursuant to this Agreement, at its sole expense, each insurance requirement set forth below: a. Worker Compensation Insurance in compliance with RCW Title 51. b. General Liability insurance on an occurrence basis with a combined single limit of not less than $1,000,000 each occurrence for bodily injury and property damage. c. Errors and Omission insurance. Contractor shall carry, for the duration of this Agreement, errors and omissions insurance in an amount of not less than $1,000,000.00. Each such policy shall provide that it shall not be canceled, materially changed, or renewed without 30 days written notice prior thereto to the City Clerk of the City of Kent, Washington and a copy of said notice to the Mayor of the City. Such policy shall be issued by an insurance company licensed to do business in the State of Washington and having a Best rating of at least "A." Coverage format for such insurance policy must receive prior approval of the Mayor of the City. Prior to providing services, Contractor shall provide a certificate evidencing such coverages to the City for filing with the City Clerk of the City as public record documents. The certificate shall become Exhibit B to this Agreement. The Contractor shall be financially responsible for all pertinent deductibles, self- insured retentions, and/or self-insurance. If Contractor provides a greater amount of insurance to any government agency in the state of Washington, then Contractor shall also provide the same amount to the City. For example, if Contractor provides $5,000,000 insurance to City "X," then Contractor shall also be required to provide $5,000,000 to the City. On request, Contractor shall provide a list of agencies and insurance amounts for other agencies. Diversion Agreement Page 6 of 8 (City of Kent and Friendship Diversion Services) .l Contractor shall advise the City in the event a claim is made against Contractor under its insurance policy, whether such claim arises as a result of the services provided for the City or another Washington municipal corporation. SECTION 18: SEVERABILITY If a Court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. t 4 SECTION 19: NOTICES All notices called for or provided for in this Agreement shall be in writing and must be served on any of the Parties either personally or by certified mail (return receipt requested) at their respective addresses identified in section 4. Notices sent by certified mail shall be deemed served when Certified Receipt is signed. SECTION 20: OTHER EMPLOYMENT This Contract is not an exclusive services agreement. Contractor may take on other professional assignments while providing the services set forth herein. The City may contract with or employ providers other than Contractor for like services without limitation. SECTION 21: WAIVER i No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of the City to enforce at any time any of the provisions of this Agreement or to require at any time performance by Contractor of any provision hereof shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of the City to hereafter enforce each and every such provision. SECTION 22: ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Exhibit A, Exhibit B, an the City of Kent Equal Employment Opportunity Policy Declaration, City Administrative Policy 1.2, and the Compliance Statement are hereby made a part of this Agreement. However, should any language in any of the attached documents conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Diversion Agreement Page 7 of 8 (City of Kent and Friendship Diversion Services) BY SIGNING BELOW, the Parties execute this Agreement, which shall become effective on the last date entered below. FRIENDSHIP DIVERSION SERVICES: By:�� l Print Name: Its: ' mow ., ti Date: VC) — i — 1 CITY OF KENT: By: l� Print Name: lbAA SAJOAK- 47. Its: ej%`y kCfewey Date:W1711% t t Diversion Agreement Page 8 of 8 (City of Kent and Friendship Diversion Services) EXHIBIT A PART I. STATEMENT OF SERVICES FOR PRE FILE DIVERSION A. In General The city of Kent (City) retains discretion to file criminal cases against those who violate the criminal misdemeanor laws of the City. The City has determined that under some circumstances, the goals of the criminal justice system, including protecting the public, providing restitution to victims, punishing offenders and discouraging criminal behavior, would d, be better served by diverting offenders away from the criminal justice system, and into a system in which an offender is required to complete various classes, pay fines, perform community service, and make victims whole. The City has contracted with Friendship Diversion Services (Contractor) to provide the services ' required of the pre-filing diversion program (Program). Part 1 of Exhibit A sets forth the program procedures and services to be provided by Contractor. These procedures and services shall only be altered or changed by written agreement of the parties. B. Cases to be Referred by City Prosecutor: Contractor will provide services to all individuals with cases referred by the City prosecutor. Upon prosecutor's determination that an offender is eligible for diversion, Prosecutor will send by mail to the offender's last known address, notice of eligibility for diversion along with a ' deadline for offender to contact Contractor in order to enter the diversion program. A copy of the letter will be sent to Contractor. Upon receipt of eligibility letter, Contractor will enter the offender's information into Contractor's internal diversion database. Contractor will note the deadline for the offender to contact the Contractor, and Contractor will actively track the deadline for each offender for whom it receives a letter. C. Failure of Offender to Contact Contractor In the event the offender fails to contact Contractor by the deadline specified by the City in the letter of eligibility, Contractor shall, within 10 days of the expiration of the deadline, send notice to the City of the offender's failure to meet the deadline. Contractor's obligations under the agreement to provide services to the offender shall terminate upon sending this notice to the City. Contractor shall note the failure of the offender to meet the deadline in the database. D. Offenders Who Contact Contractor Offenders who contact Contractor prior to the deadline provided in the eligibility letter shall be subject to the following processes and procedures. 1. Intake: When an offender contacts Contractor for the first time, basic statistical information is gathered and the offender is scheduled for an intake/enrollment appointment. When the offender reports for the appointment, the program will be explained. Prior to signing a Pre-File Diversion Agreement (PFDA), the Contractor will discuss with the offender the fact that he or she may consult with an attorney. If the offender desires to talk with an attorney, he or she shall be provided with at least two weeks to discuss the diversion program with the offender. If, after the offender speaks with an attorney or chooses not to speak with an attorney, the offender decides to enter the diversion program, the offender will be required to pay a down payment on the supervision fee and sign the PFDA, which will outline the requirements of the program. 2. Program: Each program will last from three to six-months unless unique circumstances require a longer program. Each program shall contain the following components: • Payment of the PFDA Fee • The performance of a minimum of eight hours of community service • The payment of any restitution as determined by the prosecutor • The maintenance of law abiding behavior • The reporting of any change in address, telephone number, employment status, or educational status • Attendance at a state certified Alcohol Drug Information School for alcohol or drug related offenses • Attendance at a State Liquor Control Board Responsible Liquor and Tobacco Sales class if the offense relates to over-service or patrons or providing alcohol to minors • Attendance at a state certified Consumer/Theft Awareness Course for an offense involving the deprivation of property • Attendance at a state certified defensive driver's school of a traffic school approved by the City for driving related offenses • Proof of an HIV test for prostitution related offenses • Proof of attendance at a "John" class (if one is available) for an offense related to patronizing a prostitute • Receipt of financial planning and money management advising or attendance at a related class for offenses which were motivated or caused by poor money management • Obtaining a valid driver's license and insurance when the offense involves driving while license suspended Additional components may be added by the City or Contractor. In addition to the components specified herein, Contractor shall, when requested by the offender, or when a need of the offender is recognized by the Contractor, encourage and refer the offender to actively seek employment or increased employment in the instance of part time workers, participate in job search preparedness, relevant training, GED or diploma preparation, various life skill workshops and obtain chemical dependency, mental health or domestic violence evaluation and follow recommended treatment. Where it is an issue, the Contractor will also refer the offender to problem solving agencies for housing, food and appropriate or necessary clothing. Assistance with these services shall be given upon request of the offender and shall not be a condition of the PFDA. 3. Offender Reporting to Contractor Offenders who sign a PFDA shall meet with Contractor in person approximately 30 days after signing the PFDA for an initial review as to whether the offender is making progress in complying with the PFDA. Offenders, who appear to be out of compliance with the PFDA, or, in the judgment of the Contractor will soon be out of compliance with the PFDA, shall be required to meet on a monthly basis for assistance with compliance. Those who are in compliance with the PFDA and who appear to be on track to comply with the PFDA shall be required to report to Contractor by phone for the remainder of the PFDA period; provided, if at any time the offender falls out of compliance or it appears that he or she will not comply, he or she shall be required to meet in person with Contractor. 4. PFDA Fee Offenders shall be required to pay a PFDA fee of $225. Standard payment arrangements shall be $75.00 down payment at the time of signing the PFDA, and monthly payments of $75.00 until the fee is paid in full. Contractor shall have discretion to make for alternative payment arrangements if conditions dictate; provided; such arrangements shall not be more onerous than the standard payment arrangement described above. A receipt for all fees paid shall be retained, with a copy to the offender. S. Community Service f Contractor shall maintain a list of eligible businesses, government agencies, non-profit 3 organizations, and religious organizations at which community service can be performed. When an offender submits proof of completion of the community service, Contractor shall confirm with the location at which the community service was performed that it was in fact performed. If at any time Contractor determines that the offender reported community service but failed to perform the community service; the offender's PFDA shall immediately be revoked. 6. Payment of Restitution The prosecutor shall notify Contractor in the event that restitution is owed. If owed, restitution I shall be a condition of the PFDA. Contractor shall collect restitution from the offender and shall immediately forward all restitution payments directly to the person owed, keeping a strict accounting of all restitution received by contractor and paid to the person owed the restitution. A receipt for all restitution collected by Contractor shall be maintained with a copy to the offender. j 7. Maintenance of Law Abiding Behavior Contractor shall review the Judicial Information System monthly to determine if any new law violations have been charged. In addition, the PFDA shall require that an offender report to the Contractor any new law violations within 48 hours of being charged. For the purposes of this requirement, a new law violation is defined as any criminal law violation that is charged against an offender. No conviction shall be required. In the event an offender obtains a new law violation, the offender's PFDA shall immediately be revoked. S. Non-Compliance Problem solving with participants for missed appointments or deadlines will be managed by Contractor. Contractor shall take steps to encourage and enable the offender to successfully complete the PFDA. The prosecutor shall be notified of an offender's failure to attend an intake meeting or comply with the PFDA and the prosecutor shall have discretion to order the Contractor to revoke the PFDA; provided, in the event an offender is untruthful in reporting community service or has obtained a new law violation, the offenders PFDA shall immediately be revoked by Contractor and Contractor shall immediately notify the prosecutor of such revocation. I 9. Successful Completion Upon proof of completion of all requirements of the PFDA a Notice of Completion form will be i provided in writing to the prosecutor within ten days of completion. E. Contractor's Case Managers Contractor shall perform a background check on all employees providing services under this Agreement. Contractor shall frequently monitor case managers and employees to ensure that the case managers and employees conduct themselves in an ethical and professional manner consistent with acceptable standards in the industry of probation case management. F. Non-English Speaking Offenders Many offenders who may be eligible for this program may not speak English. No later than 30 days after the signing of the underlying Agreement that incorporates this Exhibit A, Contractor shall develop a policy to provide services to those who do not speak English. Those policies may include the use of family members or friends of the offender to provide interpretive services, the use of language Imes, the use of volunteers, etc. G. Reporting to the City On a monthly or quarterly basis, Contractor shall report to the City the number of offenders in the program, the number of offenders who are successfully complete a PFDA, the number of offender who do not successfully complete the PFDA, the average length of time that it takes an offender to successfully complete the PFDA, as well as the types of charges in which offenders enter a PFDA. The City may require additional statistical measures as it deems necessary. i PART 2. STATEMENT OF SERVICES FOR PRE-TRIAL DIVERSION ! A. In General The city of Kent (City) retains discretion to file criminal cases against those who violate criminal misdemeanor laws of the City. The City has determined that under some circumstances, and after a case is filed, the goals of the criminal justice system, including protecting the public, providing restitution to victims, punishing offenders and discouraging criminal behavior, would be better served by providing offenders with an opportunity to have their case continued and then dismissed if they comply with various conditions required by the prosecutor. This tl conditional continuance and dismissal is referred to as a pre-trial diversion agreement ("PDA'). This Part 2 of Exhibit A sets forth the PDA procedures and case monitoring and management services to be provided by Contractor. These procedures and services shall only be altered or changed by written agreement of the parties. B. Cases to be Referred by City Prosecutor The prosecutor shall be solely responsible for determining whether an offender is a candidate ) for a PDA. The terms and conditions of a PDA shall be determined by the prosecutor, and shall be set forth in a document signed by the prosecutor and the offender or the offender's attorney. In the event a PDA is accepted by the court, a copy of the signed PDA will be delivered to Contractor. Upon receipt of the PDA, Contractor will enter the offender's information into Contractor's internal diversion database, and no later than the next working day, attempt to contact the offender to schedule an intake meeting. C. Intake Meeting The offender shall be required to report to Contractor within five days. Contractor shall conduct $ an intake meeting with the offender at the earliest time possible, but no later than 10 days from the date of receipt of the PDA. D. Contractor to Monitor Compliance with Terms and Conditions of PDA It shall be the responsibility of the Contractor to monitor the offender's compliance with the terms and conditions of the PDA. Contractor shall provide the offender with information and services in order to assist the offender with complying with the PDA. 1. Frequency of Monitoring Unless otherwise required by the PDA document referenced in section B above, Contractor shall have direct, in-person contact with the offender no less than one time every two weeks for the first eight weeks of the PDA period. After the first eight weeks of in-person contacts, Contractor may reduce the in-person contacts as Contractor, in his or her professional judgment, deems appropriate under the circumstances. 2. Purpose of Monitoring Contractor shall monitor the offender to determine whether offender is satisfying the conditions of the PDA. It shall be the responsibility of the Contractor to verify offender's compliance or noncompliance with all requirements of the PDA. This shall be accomplished by the Contractor requiring verification from, and sometimes contacting, community service locations, treatment providers, AA and NA slip signatories, courts, employers, the Department of Licensing, counselors, teachers, trainers, etc. In the event restitution is a condition of the PFDA, Contractor shall collect restitution from the offender and shall immediately forward all restitution payments directly to the person owed, keeping a strict accounting of all restitution received by contractor and paid to the person owed the restitution. A receipt for all restitution collected by Contractor shall be maintained with a copy to the offender. In the event that supervision consists of only reviewing JIS to determine whether new charges have been registered against an Offender or determining whether violations of no contact orders, protection orders, or antiharassment orders have been charged or committed, the fee shall be $30.00 per month. e Contractor shall review the Judicial Information System no less than one time every two weeks ' to determine if any new law violations have been charged. In addition, the Contractor shall require that an offender report to the Contractor any new law violations within 48 hours of being charged. For the purposes of this requirement, a new law violation is defined as any criminal law violation that is charged against an offender. No conviction shall be required. In the event an offender obtains a new law violation, the Contractor shall send notice to the prosecutor immediately. E. Contractor to Provide Services to Offender or Refer Offender to Outside 4 Service Provider In the event the offender is required to attend classes or training to comply with the requirements of the PDA, Contractor may either provide the classes or training, or refer the offender to a service provider who provides the classes or training. Contractor shall assist the offender in complying with the terms of the PDA by advising the offender on such issues as: F • The consequences of not complying with the terms and conditions of the PDA • The importance of law abiding behavior • How and where to obtain counseling services, gain employment, pay fines, obtain a driver's license, enroll in various classes, pay restitution, and perform community service Contractor shall assist offenders in setting up appointments. F. PDA Fee For the first year of supervision, offenders shall be required to pay Contractor a fee of $450.00 — $750.00 depending on the ability of the offender to pay. In the event supervision is required for a period of more than one year, the offender shall pay at a rate of one-half of the first year prorated for the amount of time the offender is actually supervised. Contractor shall permit offenders to make payment on an installment basis which shall be completed no later than the time for completion of the PDA. A receipt for all fees paid shall be retained, with a copy to the offender. G. Successful Completion Upon proof of completion of all requirements of the PDA, the Contractor shall promptly provide the prosecutor with notice of the offender's successful completion of the requirements of the PDA. i H. Non-Compliance Problem solving with offenders for missed appointments or deadlines will be managed by Contractor. Contractor shall take steps to encourage and enable the offender to successfully complete the PDA. The prosecutor shall be promptly notified of an offender's failure to attend an intake meeting or comply with the PDA and the prosecutor shall have discretion to move to file a motion with the court to revoke the PDA. I. Contractor's Case Managers Contractor shall perform a background check on all employees, agents, volunteers, or contractors (employees) providing services pursuant to a contract with the City. Contractor shall frequently monitor employees to ensure they conduct themselves in an ethical and professional manner consistent with acceptable standards in the industry of probation case management. On an annual basis, Contractor shall review the criminal history record information available through the Washington State Patrol of each employee, and shall promptly report to the City any reported criminal activity of such employees. { I Non-English Speaking Offenders and Non-Discrimination The City has a very diverse population, and many offenders who are referred to the Contractor may not speak English. Contractor shall provide services to those who do not speak English, and shall not discriminate, in any manner against non-English speaking offenders. Contractor shall provide an equal level of service to offenders regardless of race, color, ethnicity, national origin, citizenship, gender, sexual orientation, religion, physical or mental disability or handicap, marital status, or veteran status. , K. Reporting to the City On a monthly or quarterly basis, Contractor shall report to the City the number of offenders being supervised pursuant to a PDA, the number of offenders who successfully complete a PDA, the number of offenders who do not successfully complete a PDA, the average length of time that it takes an offender to successfully complete a PDA, as well as the types of charges in i which offenders participate in a PDA. The City may require additional statistical measures as it deems necessary. a; Exhibit B Certificate of Insurance 4 , ,l , , �l 3 04 Client#-45970 FRIEDN DATE ACORD- CERTIFICATE OF LIABILITY INSURANCE 7/1212011'�"� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell-Anderson Ins -Renton C/L ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR y 600 SW 39th Street, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Renton,WA 98057 425 291.5200 INSURERS AFFORDING COVERAGE rw p # INSURED INSURER Houston Casualty Cc Friendship Diversion Services,Inc INSURER E PO Box 11215 INSURER Olympia,WA 98508 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWTHI-FAND ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICI-THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AT FORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR 1 DATE MW A GENERAL LIABILITY H51150538 07/01/2011 07101/2012 EACH OCCURRENCE S1 DDD LIDO -OAMAOE TO RENTED Sion-DOD COMMERCIAL GENERAL LMBRTTT -_ -- CLAIMS MADE O OCCUR MED EXP(AnY one Psra 0 09D : PERSONAL S ADV INSUR" s1.000100 j GENE RAL AGGREGATE 1;2 00D 000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMFIOP AGO S2 DDD DUI) 1 POLICY F7 JECT C- LOC I A I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Es am tlent) I ALL OWNED AUTOS BODILY INJURY S SCHEDULEDAUTOS IPe DareoT) , HIREC AUTOS BODILY INJURY $ NON-OWNED AUTOS (Po-acatlanq 4 3 ri PROPERTY DAMAGE S (Pw scadent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHERTHAN EA ACC S AUTO ONLY AGG S E%GEES I UMBRELLA,L1AJRTY EACH OCCURRENCE S OCCUR CLANS MADE AGGREGATE S �S DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND WC STATU- OTH EWUOYERV LIABILITY ANY PROPREIETORIPARTNFR)EXE TIVE �_� _:J__EACHACDIDENT _ S Fl wiry IIMUr EXCLUDED EL DISEASE-EA EMPLOYEE S N SMUT be� r SPECIAL PRC VISIONS n 10. EL DISEASE-POLICY LIMIT S A OTHER Professional H511SD539 07/01/2011 07/01/2012 $1,000,000 Occurance Liability $2,000,000 Aggregate $5,000 Deductible DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS The certificate holder is additional insured for general liability,but only If required by written contract or written agreement per Form CJ111 01109endorsement form to be issued by insuring company CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent,Chief Prosecutor, DATE THEREOF,THE ISSUING INSURER IILL ENDEAVOR TOMAIL In DAYS WRITTEN City of Kent Law Dept NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 Fourth Ave South IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES AUTHORIZED REPRESENTATIVE 7 _" -6 ACORD 25(2009101i 1 of 2 #S336127/M334649 O 1988.2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD PLJ IMPORTANT if the certificate holder is an ADDITIONAL INSURED,the policy(aes)must be endorsed A statement on this certificate does not confer rights to the certificate holder it lieu of such endorsement(s) 4 v' If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement A statement on this cef 5cate does not confer rights to the certficate holder in lieu of such endorsement(s) i s DISCLAIMER a r- n The Certificate of Insurance does not constitute a contract between the issuing msurer(s), authorized representative or producer and the certificate holder nor does it affirmatively or regal vely amend, extend or alter the coverage afforded by the policies listed thereon ) I i a ( a { ACDRD 25(20D9/01) 2 of 2 #83361271M334649 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement# 7 effective V13/11 forms apart of Policy # H5-10-50350 Issied To Fnendshfp Diversion Services This endorsement modifies insurance provided under the following CRIMINAL JUSTICE SYSTEM OPERATIONS LIABILITY POLICY GENERAL CHANGES ENDORSEMENT This policy is amended where indicated by an M below Additional Insured: The inclusion of these additional insureds shall not operate to increase the limits of insurance afforded by thLs policy An acdrtronal insured is added to form CJ111 (01/09) City of Kent, Chief Prosecutor, City of Kent Law Dept,220 Fourth Ave, S, Kent,WA 98032 The following additional insured is deleted j ❑ Deductible: The deductible is amended to read Retroactive Date: The Retroactive Date shown on the Declarations is amended to read ❑ Effective Date: The poijcy effective date is amended to read ❑ Expiration Date: The policy expiration date is amended to read ❑ Forms. The following form(s) are added to the policy t The following form(s)are deleted from the policy I ❑ Mailing Address: The mailing address is amended to read as follows ❑ Name of Insured: The Named Insured is amended as follows ❑ Locations. The following location(s)are added to the policy The following location(s)are deleted from the policy ❑ Premium: The premium shown on_is amended as follows Details Section: (This section describes changes that are applicable to the selections above) ) Total Additional Premium: $0 Total Return Premium: $ PRODUCER CODE PRODUCER NAME Pinnacle Underwriting Partners ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. I i CJ118-0109 Page 1 of 1 �I 10/14/2011 11:42 3603576034 FDS: :ERK ��#� � PAGE 02/02 d DECLARATION- vet ! 4 20if *A0- CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITIVPOLICYkfy� The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work d with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies, The following questions speclflcally identify the requirements the City deems necessary for any i contractor, subcontractor or supplier on this specific Agreement to adhere to. An afmrmative a response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determinatlon regarding suspension or termination for all or part of the Agreement; The questions are as follows; 1. I have read the attached City of Kent administrative policy number 1.2, 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national orlgin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to 1 all new employees and subcontractors Indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and ; promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 1 day of r�c�'b�- , zp L` By;<�.� �,C �✓ For., Titles- Date; I i EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 I SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 i CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a J l EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT w a This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime i contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined i in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal 1 Employment Opportunity Policy that was part of the before-mentioned Agreement. l Dated this day of , 200^. i By: For: Title: Date: i 1 P\Civil\Flies\Open Flies\1518-Pre-Filing Diversion Services\DrverslonAgreement Septermber2011 FINAL doa JI 'I I EEO COMPLIANCE DOCUMENTS - 3 of 3