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5 <br /> MONITORING SERVICE AGREEMENT <br /> Agreement No. 051403T1 <br /> This agreement ("Agreement") is made between BI INCORPORATED ("BI"), a Colorado corporation with its <br /> principal place of business at 6400 Lookout Road, Boulder, CO 80301 and EVERETT MUNICIPAL COURT <br /> ("Agency") with its principal place of business at Everett Municipal Court, Everett, WA 98201-4073. This <br /> Agreement outlines the responsibilities of each party relative to the operation of an Electronic Monitoring <br /> Program. <br /> This Agreement by the stated parties is effective as of February 24, 2004. <br /> WHEREAS, Agency has determined that a present need exists for the products and services set forth in this <br /> Agreement, and <br /> WHEREAS, Agency is authorized to enter into this Agreement by the laws and regulations to which Agency <br /> is subject; and <br /> WHEREAS, Agency and BI agree that the terms and conditions of this Agreement apply to the products and <br /> services to be provided hereunder; and <br /> NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as <br /> follows: <br /> 1. DEFINITIONS <br /> 1.1. Client: A person sentenced and subject to Agency's electronic home detention monitoring <br /> program. <br /> 1.2. Equipment: BI manufactured products including, but not limited to, Field Monitoring Devices, <br /> Transmitters, Drive-BI Monitors, Alcohol Monitoring Devices, as well as third party products provided by <br /> BI. <br /> 1.3. Unit: BI manufactured Field Monitoring Device ("FMD") together with a BI radio frequency <br /> transmitter("Transmitter"). <br /> 1.4. Supplies: Straps, latches,and batteries for the BI Transmitter. <br /> 1.5. Alert Condition: An occurrence requiring BI to provide information to Agency, as further set forth <br /> in the attached Exhibit A. <br /> 1.6. Authorized Personnel: Those persons selected by Agency who are authorized to enroll Clients <br /> and select or adjust notification options. <br /> 1.7. Notification Options: Predefined parameters selected by Agency which instruct BI on how to <br /> respond to and notify Agency of an Alert Condition. <br /> 2. SERVICES AND RESPONSIBILITIES OF BI <br /> 2.1. Training <br /> BI will supply initial on-site training for Agency staff at no charge prior to the commencement of the <br /> monitoring program. The training shall be divided into classroom-type and practical hands-on instruction. <br /> Agency may choose to expand this training into additional and/or periodic training. Actual out of pocket <br /> expenses for all additional and/or periodic training, including one BI staff person's travel, room, board, and <br /> miscellaneous expenses will be borne by Agency. <br /> 2.2. Monitoring Services <br /> BI will provide the following monitoring services to Agency for Agency's operation of an electronic home <br /> detention monitoring program. The monitoring services provided hereunder are specifically designed to <br /> determine by electronic means the presence of a person at a specified location (typically that person's <br /> place of residence). <br /> 2.2.1. BI will perform the functions of data entry and data storage for all properly enrolled Clients. The <br /> data entry function consists of the input of all required demographic, curfew, and system configuration <br /> information on each case into the central host computer system. <br /> 2.2.2. BI will provide notification of Alert Conditions to authorized and identified Agency staff. Alert <br /> notification will be in accordance with Section 2.2.5 herein or as agreed upon in writing by Agency and BI. <br /> 4 <br />