HomeMy WebLinkAboutOn file with Clerk - Second Amdt. to Agmt. A-19-381-2 with STOP.pdf
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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (“Second Amendment”) is made and entered
into this 10th day of August, 2021 by and between COUNTY OF FRESNO, a political subdivision of
the State of California, Fresno, California (“COUNTY”), and Satellite Tracking of People LLC, a
Delaware limited liability company, whose address is 4000 International Parkway, Carrollton, TX
75007 (“CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Purchasing Agreement, No. P-19-230-
S (“Purchasing Agreement”), for a total maximum compensation payable under the Original
Agreement of $99,000, effective May 19, 2019, and terminating November 19, 2019;
WHEREAS, COUNTY and CONTRACTOR entered into Agreement number A-19-381, dated
August 6, 2019 (“Agreement”), which replaced, restated, and superseded the Purchasing Agreement,
and pursuant to which CONTRACTOR retroactively agreed to provide electronic monitoring equipment
and services to COUNTY, for the period from January 1, 2019 to December 31, 2020;
WHEREAS, on October 20, 2020, COUNTY and CONTRACTOR amended the Agreement to
increase the maximum compensation amount, and extend the term of the Agreement through
December 31, 2021 (“First Amendment”);
WHEREAS, passage of Assembly Bill (AB) 1869 was approved in September 2020 and
became effective July 1, 2021, repealing the COUNTY’S statutory authority to charge offenders
various criminal justice and administrative fees for administering probation and mandatory supervision
services and equipment;
WHEREAS, COUNTY Probation Department’s prior agreement, which provided alcohol
detection services and equipment and was funded by offender fees, expired June 30, 2021. COUNTY
needs to provide alcohol detection equipment and services and increase its usage of electronic
monitoring for offenders in Pretrial, Realignment, AB 109 Supervision, and Adult Services;
WHEREAS, COUNTY has obtained preferential pricing for the Agreement pursuant to NASPO
Value Point Master Agreement, Contract No. 00212 – Electronic Monitoring of Offenders (“NASPO
Agreement”):
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WHEREAS, the NASPO Agreement has been extended one additional year, or until a new
contract is in place, which NASPO Amendment is attached as Exhibit E, and is incorporated by this
reference, so an additional year of preferential pricing is available to the COUNTY, and the COUNTY
would like to extend the Agreement for one year, to take advantage of this continued preferential price;
and
WHEREAS, COUNTY and CONTRACTOR again desire to amend the Agreement, retroactive
to July 01, 2021, in order to add alcohol detection equipment and services, increase the annual and
total maximum compensation amounts to fund increased number of offenders to be monitored, and
extend the term of the Agreement through December 31, 2022.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1. Section One of the Agreement, located on page two, lines two through four, is deleted
in its entirety, and replaced with the following:
"OBLIGATIONS OF THE CONTRACTOR
CONTRACTOR shall provide GPS Electronic Monitoring Equipment and Services and
Alcohol Monitoring Equipment and Services, in accordance with Exhibits A and F, which are attached
and incorporated by this reference."
2. Section Three of the Agreement, located on page 2, lines 8 through 10, is deleted in its
entirety, and replaced with the following:
“TERM
The term of this Agreement shall be for a period of four years, commencing on January
1, 2019, through and including December 31, 2022.”
3. Section Five of the Agreement, located on page three, lines four through fifteen, is
deleted in its entirety, and replaced with the following:
"COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
CONTRACTOR agrees to receive compensation as set forth in Exhibits A and F.
CONTRACTOR shall submit monthly invoices in triplicate to the County of Fresno Probation
Department, 3333 E. American Avenue, Suite B, Fresno, CA 93725 or
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ProbationInvoices@fresnocouuntyca.gov. COUNTY shall pay CONTRACTOR within forty-five
(45) days of receipt of an approved invoice.
In no event shall compensation paid for services performed during the first year of the
term of this Agreement exceed three hundred thousand dollars ($300,000). In no event shall
compensation paid for services performed during the second year of the term of this
Agreement exceed four hundred thousand dollars ($400,000). In no event shall compensation
paid for services performed during the third year of the term of this Agreement exceed six
hundred thousand dollars ($600,000). In no event shall compensation paid for services
performed during the fourth year of this Agreement exceed six hundred thousand dollars
($600,000). In no event shall compensation paid by COUNTY for all services performed under
this Agreement exceed one million nine hundred thousand dollars ($1,900,000) during the term
of this Agreement. All amounts previously paid to CONTRACTOR between the period of
January 1, 2019 and August 09, 2021, as well as any amounts paid under the Purchasing
Agreement are included in this total not to exceed amount. All expenses incidental to
CONTRACTOR’S performance of services under this Agreement shall be borne by
CONTRACTOR.””
COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to amend the
Agreement and, that upon execution of this Second Amendment, the Agreement, the First
Amendment, and this Second Amendment together shall be considered the Agreement. COUNTY
obtained necessary authorization from the California Department of General Services (DGS),
approving the County’s request to enter into a Participating Addendum with STOP, which authorization
is attached as Exhibit D, and incorporated by this reference.
The parties agree that this Second Amendment may be executed by electronic signature as
provided in this section. An “electronic signature” means any symbol or process intended by an
individual signing this Amendment to represent their signature, including but not limited to (1) a digital
signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and
transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
affixed or attached to this Second Amendment (1) is deemed equivalent to a valid original handwritten
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signature of the person signing this Second Amendment for all purposes, including but not limited to
evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as
the valid original handwritten signature of that person. The provisions of this section satisfy the
requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
(Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
signature represents that it has undertaken and satisfied the requirements of Government Code
section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
upon that representation. This Second Amendment is not conditioned upon the parties conducting the
transactions under it by electronic means and either party may sign this Second Amendment with an
original handwritten signature.
The Agreement, as hereby amended, is ratified, and continued. All provisions, terms,
covenants, conditions, and promises contained in the Agreement, and not amended herein, shall
remain in full force and effect.
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EXECUTED AND EFFECTIVE as of the date first above set forth.
CONTRACTOR COUNTY OF FRESNO
(Authorized Signature) Steve Brandau, Chairman of the Board
of Supervisors of the County of Fresno
Print Name & Title
Mailing Address ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By:
Deputy
FOR ACCOUNTING USE ONLY:
Fund: 0001
Subclass:10000
ORG: 34309999
Account: 7295
Greg Utterback/Chief Development Officer
5353 W Sam Houston Pkwy # 190
Houston, TX 77041
EXHIBIT F – SoberTrack
DATE: July 1, 2021
CUSTOMER NAME: Fresno County Probation
GPS-enabled, Mobile Breath Alcohol Testing Unit: Pricing for SoberTrack will be $4.10 per unit per day for active units. Lessor
will allow up to 20% of the respective units to be held in inventory by Lessee/Customer at no charge. Units in excess of 20% of
the monthly active unit average will be billed at $1.00 per day per device. When both alcohol monitoring device (SoberTrack)
and GPS device (BLUtag) are used together and assigned to the same participant on the same day the combination price will be
$6.50 per day for active participant assigned.
SoberTrack Special Conditions
1. It is understood that SoberTrack is used on specialized cases and not a replacement for any other STOP products.
2. Replacement costs for the SoberTrack unit is $500.00, and the replacement cost for the charging coupler for
SoberTrack is $25.00.
Insurance Costs: In lieu of Customer paying for all lost/damaged units, Customer may elect below to
Purchase insurance at the per diem rate noted below to provide no-deductible coverage up to 15%
Of the average daily units billed during the preceding twelve (12) months. Any lost or damaged
Units above this amount will be billed in accordance with the Replacement Cost above. Election for
Insurance coverage must be made at the beginning of the Agreement, and remains in effect during
the term of the Agreement for all billable units. Regardless of whether insurance coverage is elected,
Customer shall use its best efforts to recover all units on behalf of Provider. Provider may terminate this
Agreement if lost or damaged units from this Agreement exceed 20% of the average daily units activated
All other terms and conditions of the original Agreement dated June 17,2013 as well as the first amendment to Agreement
dated October 20, 2020 remain in full force and effect.
Insurance Cost $0.50 per day per device
Electing Insurance Coverage (must check one): __Yes __No
X