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HomeMy WebLinkAboutContractINTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7 INTERLOCAL AGREEMENT Between The City of RENTON and The City of BLACK DIAMOND for ELECTRONIC HOME MONITORING PROGRAM and Related Services WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to contract with other public agencies to perform governmental activities and deliver public services; and WHEREAS, the City of Renton (RENTON) and the City of Black Diamond (PARTICIPANT) are public agencies as defined in RCW 39.34.020 (hereafter “Parties”); and WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible offenders, which complies with the requirements of 9.94A.736; and WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which can monitor the location, movement and specific behavior of persons within the framework of the criminal justice process; and WHEREAS, the Parties to this Agreement each have the power and authority to perform the activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program for eligible offenders sentenced by PARTICIPANT’S municipal court; and WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT under the terms and conditions of this agreement; NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I.ELECTRONIC HOME MONITORING PROGRAM A.SCOPE OF SERVICES RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT A, which is attached hereto and incorporated herein. Such services may be referred to herein as the “Program.” The Parties may agree to changes or additions to this AGREEMENT only upon execution of a written amendment. If the changes will result in additional labor or expenses incurred by RENTON, PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses. Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly CAG-25-079 INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 2 of 7 manage resources within the RENTON EHM program and provide services to the Renton Municipal Court, there may be instances when offenders from participating jurisdictions other than RENTON (such as PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by RENTON. B. TERM The term of this AGREEMENT commences on January 1, 2025 and will expire on December 31, 2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall apply until either party terminates the agreement in accordance with the terms herein (See Section II.B “Termination”). Written notice of specific intent to terminate this Agreement will not be valid and enforceable so long as PARTICIPANT’S offenders are active in the program. C. COMPENSATION PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly invoice. D. ADMINISTRATOR This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee. E. EQUIPMENT If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the cost to repair or replace the equipment, RENTON will make a determination of whether the equipment will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice detailing the cost to repair or replace the equipment. An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or damage to the equipment during its use by the PARTICIPANT. INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 3 of 7 F. NO WARRANTIES RENTON makes no warranties, express or implied including warranties of fitness for a particular purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse, improper activation, or improper maintenance of the equipment, or the failure to connect to, or the inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by any polices related thereto or to monitoring services or other services, or the failure of the same to operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or programming of the same or any failure of equipment, monitoring and other services, or any failure of user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or losses to the extent caused by the sole negligence of RENTON. II. GENERAL PROVISIONS A. AMENDMENTS This AGREEMENT may be amended in writing at any time by mutual consent of the parties hereto and such amendments shall take effect immediately. In event of any conflict between the provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment shall control. B. TERMINATION Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty (60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT shall pay RENTON the amount due for actual work and services actually performed under the AGREEMENT as of the effective date of such termination. C. FORCE MAJEURE Neither party shall be liable for any loss, damage, detention, failure to perform or delay resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power outages, downed cell sites, internet connection problems or similar causes. The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well as any liability for any acts committed by an offender who removes the equipment and subsequently engages in any harmful, tortious, or illegal acts. INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 4 of 7 D. HOLD HARMLESS Each Party shall defend, indemnify, and hold the other harmless from and against any and all claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees, and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party or Parties entitled to indemnity and only to the extent necessary to provide a full and complete indemnity as required under this section. The indemnification obligation provided in this section shall survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable statute of limitations. E. RECORD KEEPING The Parties shall keep adequate records related to this AGREEMENT and will allow the other Party to review those records upon request. Such records are public records in accordance with Chapter 42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable Washington public records retention schedule. F. CONSTRUCTION The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT had prepared it. G. NO WAIVER The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights under this AGREEMENT does not prevent that party from enforcing any rights at a later time. H. JURISDICTION & VENUE This AGREEMENT shall be governed, interpreted and construed under the laws of the State of Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the venue of the King County Superior Court. I. NO THIRD-PARTY BENEFICIARIES This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their respective permitted assigns and is not intended and shall not be construed as conferring any benefit on any third-party or the general public. INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 5 of 7 J.SEVERABILITY Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT. K.HEADINGS The headings used in this AGREEMENT are for convenience only and shall not be used to limit or construe the contents of any of the sections of this AGREEMENT. L.NOTICES Except for routine operational communications, which may be delivered personally or transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1) when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS. Notices required under this AGREEMENT shall be delivered to the parties at the following addresses: City of RENTON To: Dan Figaro, Admin Services Commander PARTICIPANT To: Address: Renton Police Department 1055 S Grady Way Renton, WA 98057 Address: M.ENTIRE AGREEMENT: This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein. This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of the subject matter herein. No party has made any representations, oral or written, modifying or contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this AGREEMENT except as provided herein or by a written agreement signed by all parties to this AGREEMENT. N.ACKNOWLEDGEMENT: The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT and completely understand its terms, and that they approve the same including all of the terms and conditions. INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 6 of 7 O.AUTHORITY OF SIGNER: By signing below, the signors of this AGREEMENT certify that for each Party they have all proper authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter, ordinances, laws, or any other rules governing such authority. IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date and year first set forth above. CITY OF BLACK DIAMOND CITY OF RENTON _________________________________ Carol Benson, Mayor Date: ____________________________ __________________________________ Armondo Pavone, Mayor Date: ____________________________ ATTEST: _________________________________ Brenda L. Martinez, City Clerk APPROVED AS TO FORM: __________________________________ City Attorney ATTEST: ___________________________________ Jason Seth, City Clerk APPROVED AS TO FORM: __________________________________ Shane Moloney, City Attorney 3/18/2025 Approved by Alex Tuttle via email 2/3/2025 INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 7 of 7 EXHIBIT A MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING PROGRAM 1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES: King County District Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S Court will establish the terms and conditions of electronic monitoring for each offender; and communicate those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring. Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON EHM Administration. If Renton EHM is unable to enroll an offender into the program, the Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be notified when an offender begins monitoring and when the offender successfully completes serving a EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the commitment will be considered successfully completed. 2. EQUIPMENT: The Equipment will be able to track offenders through parameters set by the Court and within the capabilities of the specific equipment including, but not limited to, offender locations and time the offender remains at a particular location, and alcohol monitoring data. 3. MONITORING: Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM employees will conduct follow up for any violations by first contacting the offender when made aware that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment. 4. CUSTOMER SUPPORT: RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM program. 5. COST: Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00 for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender ($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per offender ($18.00 for equipment; $18.00 for administration services).