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HomeMy WebLinkAboutMoon Security Contract Amend 2PROFESSIONAL SERVICES CONTRACT AMENDMENT NO.2 FOR ELECTRONIC HOME MONITORING AND SCRAM FOR CITY OF PASCO AND MOON SECURITY SERVICES, INC. This CONTRACT AMENDMENT is made and entered into by and between the City of Pasco, a municipal corporation, with its principal offices at 525 N. 3d Avenue, Pasco, Washington (hereinafter "City") and Moon Security Services, Inc. (hereinafter referred to as `Contractor"), with its principal offices at 515 W. Clark, Pasco, Washington. In consideration of the mutual benefits, the Parties agree that their Contract, executed on February 22, 2012, and amended on November 25, 2014, shall be amended as follows: 1. Term. The term of this amended Contract (attached as Attachment "A" hereto) shall extend from February 1, 2015 to January 31, 2018. 2. Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract, and any subsequent amendments, addenda, or modifications thereto, remain in full force and effect. This Amendment shall be effective as of February 1, 2015. CITY OF PASCO Da�a nage Dave Zabel , anager City of Pasco Date:_ —Wo— CONTRACTOR Tom Pitcher, General Manager Moon Security Services, Inc. Date: --L-- \\-\� I `-t Scf PERSONAL SERVICES CONTRACT AMENDMENT FOR ELECTRONIC HOME MONITORING AND SCRAM FOR CITY OF PASCO AND MOON SECURITY SERVICES, INC. This CONTRACT AMENDMENT is made and entered into by and between The City of Pasco, a municipal corporation, with its principal offices at 525 North 3rd Street, Pasco, WA 99301 (hereinafter "CITY") and Moon Security Services, Inc. (hereinafter referred to as "CONTRACTOR"), with its principal offices at 515 W Clark, Pasco, WA 99301. In consideration of the mutual benefits, the parties agree that their Contract, executed on February 22, 2012, shall be amended as follows: 1. Payment of Fees. The term of this amendment shall be upon signing of this amended agreement until January 31, 2015 which is the end of contract period. Attachment "A" to the original contract provides for a $45 interview fee. This amount is now amended to a $50 interview fee. 2. Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract, and any subsequent amendments, addenda, or modifications thereto, remain in full force and effect. This amendment shall be effective upon execution of the parties. Contractor City of Pasco TMkha MIler;re ' t CCz �� �,L�� -Li— David Z ell, City Manager Moon Security Services, Inc. Contract for Criminal Defendant Pre- and Post -Sentencing Monitoring Services Between City of Pasco and Moon Security Services, Inc. This Contract is made and entered into between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter called "City" and Moon Security Services, Inc., a Washington Corporation, hereinafter called "Contractor." In consideration of the mutual promises and covenants contained herein, City and Contractor agree as follows: Objective and Scope of Work. The objective of this agreement is for the Contractor to provide the City with the equipment and monitoring services necessary to implement monitoring services for pre- and post -sentencing criminal defendants on behalf of the Municipal Court, hereinafter called "Court." Services may include GPS tracking, alcohol monitoring, and/or victim notifications as described on the attachments to this Contract. 2. Term. The term of this Contract shall be for a period commencing February 1, 2012 and ending at midnight on January 31, 2015; provided, however, the agreement may be extended upon mutual agreement of the parties expressed in writing. Responsibilities of the Contractor: 3.1 Administrative and Procedural Responsibility. a. The Contractor will perform a participant interview as necessary to aid the Court in the selection of appropriate participants for acceptance to the monitoring program. The interview and acceptance criteria will be agreed to by both the City and the Contractor. This criteria shall be based on the assumption that the accepted participants conform to the following basic guidelines: i. The participant is not a threat to society. ii. The participant has the ability to pay for their inclusion in the program. iii. The participant has not been a flight risk previously. iv. The participant dwelling is acceptable. v. Work or school schedules are verifiable. b. All administrative documentation will be completed by the Contractor and will be forwarded to the Court at the required times. c. The administrative documentation includes the following, but is not limited to the following: i. Program acceptance/rejection form. ii. Program verification form and documentation. iii. Costs and receipts of funds. iv. Program completion or termination documentation. v. Applicable area restriction orders, contempt of court notification, consent to search and order of commitment. d. During the course of the participant's monitoring period, an electronic, visual or form verification of the participant will be made by the Contractor to assure the participant's compliance to the rules of the program. 3.2 Equipment. a. Contractor will have the responsibility to provide the equipment and monitoring services necessary to provide the following system goals: i. Allow the participant to have access to all areas of his/her living quarters, but detect if the participant has left the site during unauthorized times and to report this information to appropriate authorities. ii. The system will be able to allow for work, necessary errands and school schedules. iii. The participant's eligibility will be determined by the selection criteria. iv. Signal and report data will be available to the Court. 4. Responsibilities of City: 4.1 The Municipal Court shall be responsible for offering the monitoring programs to persons determined by the Court to be eligible participants. 4.2 The City shall provide a liaison officer between the Contractor and the Court to facilitate administration, paperwork and documentation of the program(s). The Contractor shall also report all participant violations to the liaison officer. 4.3 The City, through its Police Department, shall be responsible to perform any arrests or search of a participant if a participant has violated any of the terms of the program. The Contractor shall not perform any arrests or searches. 4.4 The liaison officer, upon report from the Contractor, shall be responsible to inform the Court and any other required individuals or City departments if the conditions of the program are violated and of the consequences of those violations. 5. Payment. With the exception of indigent participants, payment to the Contractor for its services shall be the sole responsibility of participants in the monitoring program who shall pay for such services according to the fee schedule attached hereto as Attachment "A." The City will pay fees for indigent clients, as determined by the Court. 6. System Specifications. The system specifications for the monitoring system(s) to be provided by the Contractor as set forth in Attachment "B" hereto. 7. Independent Contractor: The Contractor is an independent Contractor performing its services hereunder for the Court by its own employees within the Contractor's supervision and control. 8. Insurance. Contractor shall provide insurance meeting the following requirements or as other acceptable to the City: 8.1 Indemnification / Hold Harmless. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. 8.4 No Limitation. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 8.5 Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: a. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed by the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. c. Workers Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 8.6 Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. 8.7 Other Insurance Provision. The Contractor's Automobile Liability and commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 8.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 8.9 Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 8.10 Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. 8.11 Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 8.12 Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 9. Default and Termination. Either party may terminate this Contract for cause by giving written notice of fourteen (14) days prior to the effective date of termination to the other in the event of a material breach of this agreement by the other party. I£ any material breach of the Contract that remains uncured after the fourteen (14) day notice period has expired, the party giving the written notice may then immediately terminate the Contract by written notification to the other party. Upon the occurrence of an event of default, either party shall have the right to pursue any remedy it may have at law or in equity, including but not limited to: (a) reducing its claim to judgment, (b) taking action to cure the event of default and (c) termination of the Contract as provided herein. 10. Venue. This Contract shall be interpreted by the laws of the State of Washington and Franklin County shall be the venue in the event any action if filed to enforce or interpret provisions of this Contract. 11. Non -Discrimination. No person shall be subjected to discrimination in the components of the Contract on the grounds of disability, race, color, religion, sex, age or national origin. Upon request, the Contractor shall show proof of non-discrimination, and shall post in conspicuous places, available to all employees and applicants, a notice of non- discrimination. 12. Assignment. Contractor shall not assign this Contract without the written consent of the City. Dated this ZZ day of i"may 2012. Attest: Debra Clark, City Clerk MOON SECURITY SERVICES, INC. President Approved As To Form: Lee Kerr, Attorney