HomeMy WebLinkAboutAgreement A-22-136 with STOP.pdf Agreement No. 22-136
1 THIRD AMENDMENT TO AGREEMENT
2 THIS THIRD AMENDMENT TO AGREEMENT ("Second Amendment") is made and entered
3 into this 5th day of April 2022, by and between COUNTY OF FRESNO, a Political Subdivision of the
4 State of California, Fresno, California ("COUNTY'), and Satellite Tracking of People LLC, a Delaware
5 limited liability company, whose address is 4000 International Parkway, Carlton, Texas 75007
6 (hereinafter"CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Purchasing Agreement, No. P-19230-
9 S ("Purchasing Agreement"), for a total maximum compensation payable of$99,000, dated May 19,
10 2019, pursuant to which CONTRACTOR agreed to provide electronic monitoring equipment and
11 services to COUNTY;
12 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number A-19-381, dated
13 August 6, 2019 ("Agreement"), which replaced, restated, and superseded the Purchasing Agreement,
14 pursuant to which CONTRACTOR retroactively agreed to provide electronic monitoring equipment and
15 services to COUNTY, for the period from January 1, 2019, to December 31, 2020;
16 WHEREAS, on October 20, 2020, COUNTY and CONTRACTOR amended the Agreement to
17 increase the maximum compensation amount, and extend the term of the Agreement through
18 December 31, 2021 (First Amendment);
19 WHEREAS, on August 10, 2021, COUNTY and CONTRACTOR amended the Agreement to
20 add alcohol detection equipment and services and increase electronic monitoring equipment and
21 services, increase the annual and total maximum compensation amounts, and extend the term of the
22 Agreement through December 31, 2022 ("Second Amendment");
23 WHEREAS, the State of California passed Senate Bill 129, Budget Act of 2021, allocating
24 funds to the Judicial Council of California for Superior Courts to partner with local probation
25 departments for the expansion of pretrial services;
26 WHEREAS, on March 22, 2022, the COUNTY entered into an Agreement with the Superior
27 Court to expand funding for pretrial services; and
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1 WHEREAS, COUNTY and CONTRACTOR again desire to amend the Agreement in order to
2 increase the amount of electronic monitoring equipment and add enhanced monitoring services, and
3 increase the annual and total compensation amount to fund the increased number of offenders to be
4 monitored.
5 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
6 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
7 1. Section 1 of the Agreement, located on page two lines two through four, is deleted in its
8 entirety, and replaced with the following:
9 "OBLIGATIONS of the CONTRACTOR:
10 CONTRACTOR shall provide GPS Electronic Monitoring Equipment and Enhanced
11 Services and Alcohol Monitoring Equipment and Services, in accordance with Exhibits A, F, and G
12 which are each attached and incorporated by this reference."
13 2. Section 5 of the Agreement, located on page 3, lines four through fifteen, is deleted in
14 its entirety, and replaced with the following:
15 "COMPENSATION:
16 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
17 compensation as set forth in Exhibits A, F, and G. CONTRACTOR shall submit monthly invoices in
18 triplicate to the County of Fresno Probation Department, 3333 E. American Avenue, Suite B, Fresno,
19 CA 93725 or Probation lnvoices(a)_fresnocountyca.gov. COUNTY shall pay CONTRACTOR within
20 forty-five (45) days of receipt of and approved invoice.
21 In no event shall compensation paid for services performed during the first year of the
22 term of this Agreement exceed three hundred thousand dollars ($300,000). In no event shall
23 compensation paid for services performed during the second year of the term of this Agreement
24 exceed four hundred thousand dollars ($400,000). In no event shall compensation paid for services
25 performed during the third year of the term of this Agreement exceed six hundred thousand dollars
26 ($600,000). In no event shall compensation paid for services performed during the fourth year of the
27 term of this Agreement exceed one million one hundred and eleven thousand, four hundred fifty-six
28 dollars ($1,111,456). In no event shall total compensation paid by COUNTY for all services performed
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1 under this Agreement exceed two million four hundred and eleven thousand, four hundred fifty-six
2 dollars ($2,411,456) during the term of this Agreement. All amounts previously paid to
3 CONTRACTOR between the period of January 1, 2019, and April 5, 2022, as well as any amounts
4 paid under the Purchasing Agreement, are included in this total not to exceed amount. All expenses
5 incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by the
6 CONTRACTOR."
7 COUNTY and CONTRACTOR agree that this Third Amendment is sufficient to amend the
8 Agreement and, that upon execution of this Amendment, the Agreement, the First Amendment, the
9 Second Amendment, and this Third Amendment together shall be considered the Agreement.
10 The parties agree that this Third Amendment may be executed by electronic signature as
11 provided in this section. An "electronic signature" means any symbol or process intended by an
12 individual signing this Third Amendment to represent their signature, including but not limited to (1) a
13 digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
14 scanned and transmitted (for example by PDF document) of a handwritten signature. Each electronic
15 signature affixed or attached to this Third Amendment (1) is deemed equivalent to a valid original
16 handwritten signature of the person signing this Third Amendment for all purposes, including but not
17 limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and
18 effect as the valid original handwritten signature of that person. The provisions of this section satisfy
19 the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction
20 Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
21 signature represents that it has undertaken and satisfied the requirements of Government Code
22 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
23 upon that representation. This Third Amendment is not conditioned upon the parties conducting the
24 transactions under it by electronic means and either party may sign this Third Amendment with an
25 original handwritten signature.
26 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
27 covenants, conditions and promises contained in the Agreement and not amended herein shall remain
28 in full force and effect.
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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
2
3 CON C O f1 _ COI RI T Y OF FRESNO
5 =Signature) Brian Pacheco, Chairman of the Board of
Supervisors of the County of Fresno
6 ack, Chief Development Officer
Print Name &Title
7
5353 W Sam Houston Pkwy, Suite 190
8
9 Houston, TX 77041
Mailing Address ATTEST:
10 Bernice E. Seidel
Clerk of the Board of Supervisors
11 County of Fresno, State of California
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14
15 By.
16 Deputy
FOR ACCOUNTING USE ONLY:
17
18 Fund: 0001
19 Subclass: 10000
20 ORG: 34309999
21 Account: 7295
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Exhibit G
SECURUS MONITORINGSOLUTIONS
Technologies" A Satellite Tracking of People Company
January 20, 2022
Fresno County Probation
2212 N. Winery Rd
Suite 101
Fresno, CA 93703
Dear Kayatana Davis,
Thank you for your interest in our Solution+ services. Our Solutions+ Program is a worry-free way to
get your individualized electronic monitoring program running on time and on budget.
The main services included are:
• Installer/Case Manager onsite Monday through Friday,from 8:00am to 5:00pm (PST), excluding
County of Fresno Holidays.
• Supply of electronic monitoring equipment- Ordering and returns of electronic monitoring
equipment
• Inventory management- Management of inventory as well as Device Maintenance
• 24/7/365 monitoring of clients
• 24/7/365 violations notifications (MC Services)
•All curfew and work scheduling provided with toll free communication for clients
• Work, School,Treatment, etc.time and location verification
• Fee Collection if required
• Monthly statements with line-item collection
• Immediate completion of reports; successful/unsuccessful
•Agency access to online client information and mapping
• Installation, maintenance, and removal of electronic monitoring equipment
• Enrollment/Unenrollment within the EM software system
• Creation and maintenance of all Enrollee curfew schedules
• Immediate completion of data reports (Events, Enrollment, Notifications, etc) per the Probation
Department needs
• Collaborate with Probation for future integration into the Probation Management system.
Customer Responsibility
• Coordinate with Provider on enrollee's qualification/status of sliding scale
• Coordinate with Provider on standard violations procedure
• Coordinate with Provider on standard scheduling procedure
• Coordinate with Provider on allowable destinations beyond home
Based on your agency's needs,the additional cost per device in service is $3.00. This cost is added to
the overall daily rate of$3.10 per day.The overall daily cost per assigned unit will be $6.10.
5353 W Sam Houston Parkway N,Suite 190 ■ Houston,TX 77041 ■ (832)553-9500 ■ https://securusmonitoring.com
Exhibit G
SECURUS MONITORINGSOLUTIONS
Technologies'"' A Satellite Tracking of People Company
Once you get approval from the Board of Supervisors,we can issue an Amendment to your exiting
contract.
Sincerely,
Jose Andrade
Vice President of Sales
Securus Monitoring
5353 W Sam Houston Parkway N,Suite 190 0 Houston,TX 77041 ■ (832)553-9500 ■ https://securusmonitoring.com