HomeMy WebLinkAboutAgreement A-22-578 Amendment to Agreement with STOP.pdf Agreement No. 22-578
1 FOURTH AMENDMENT TO SERVICE AGREEMENT
2 This Fourth Amendment to Service Agreement ("Fourth Amendment") is dated
3 December 13, 2022 and is between Satellite Tracking of People, LLC, a Delaware limited
4 liability company ("Contractor"), and the County of Fresno, a political subdivision of the State of
5 California ("County").
6 Recitals
7 A. On May 19, 2019, the County and the Contractor entered into a Purchasing Agreement,
8 County agreement number P-19-230-S ("Purchasing Agreement"), for a total maximum
9 compensation payable of$99,000, to provide electronic monitoring equipment and services to
10 County.
11 B. On August 6, 2019, the County and the Contractor entered into "Amended and Restated
12 Agreement", County agreement number A-19-381 ("Agreement") which replaced, restated, and
13 superseded the Purchasing Agreement, to retroactively provide electronic monitoring equipment
14 and services to County, for the period from January 1, 2019 to December 31, 2020.
15 C. On October 20, 2020, the County and the Contractor entered into the First Amendment
16 to the Agreement, to extend the term of the Agreement through December 31, 2021 and
17 increase the maximum compensation accordingly.
18 D. On August 10, 2021, the County and the Contractor entered into the Second
19 Amendment to the Agreement, to add alcohol detection equipment and services, increase
20 electronic monitoring equipment and services, extend the term of the Agreement through
21 December 31, 2022, and increase compensation accordingly.
22 E. The State of California passed Senate Bill 129, Budget Act of 2021, allocating funds to
23 the Judicial Council of California for Superior Courts to partner with local probation departments
24 for the expansion of pretrial services. On March 22, 2022, the County entered into an
25 Agreement with the Superior Court to expand funding for pretrial services.
26 F. On April 5, 2022, the County and the Contractor entered into the Third Amendment to
27 the Agreement, County agreement number A-22-136, which was completed to account for the
28 increased service population due to expanding local pretrial services, to increase the amount of
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1 electronic monitoring equipment and add enhanced monitoring services, and increase the
2 compensation accordingly.
3 G. The County continues to obtain preferential pricing for the Agreement pursuant to
4 NASPO Value Point Master Agreement, Contract No. 00212 — Electronic Monitoring of
5 Offenders ("NASPO Agreement"). The NASPO Agreement has been extended through May 31,
6 2023, as shown in the Fourth Amendment to NASPO Agreement No. 00212, attached as Exhibit
7 C-1, and incorporated by this reference. The County desires to continue to take advantage of
8 this preferential pricing through May 31, 2023.
9 H. The County desires to continue providing alcohol detection equipment and services and
10 usage of electronic monitoring for offenders in Pretrial, Realignment, AB 109 Supervision, and
11 Adult Services. The Contractor is able to continue providing the County with alcohol detection
12 equipment and services and usage of electronic monitoring.
13 I. The County and the Contractor desire to further amend the Agreement to increase the
14 maximum compensation amount and extend the term of the Agreement through May 31, 2023.
15 The parties therefore agree as follows:
16 1. Section 3 of the Agreement located on page two, lines eight through ten, is deleted in its
17 entirety and replaced with the following:
18 "TERM
19 The term of this Agreement shall be for a period of four years and five months,
20 retroactively commencing on January 1, 2019, through and including May 31,
21 2023."
22 2. Section 5 of the Agreement, located on page three, lines four through fifteen, is deleted
23 in its entirety, and replaced with the following:
24 "COMPENSATION/INVOICING:
25 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to
26 receive compensation as set forth in Exhibits A, F, and G. CONTRACTOR shall
27 submit monthly invoices in triplicate to the County of Fresno Probation
28 Department, 3333 E. American Avenue, Suite B, Fresno, CA 93725 or
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1 Probation Invoices(c)fresnocountyca.go . COUNTY shall pay CONTRACTOR
2 within forty-five (45) days of receipt of an approved invoice.
3 In no event shall compensation paid for services performed during the first
4 year of the term of this Agreement exceed three hundred thousand dollars
5 ($300,000). In no event shall compensation paid for services performed during
6 the second year of the term of this Agreement exceed four hundred thousand
7 dollars ($400,000). In no event shall compensation paid for services performed
8 during the third year of the term of this Agreement exceed six hundred thousand
9 dollars ($600,000). In no event shall compensation paid for services performed
10 during the fourth year of the term of this Agreement exceed one million one
11 hundred and eleven thousand, four hundred fifty-six dollars ($1,111,456). In no
12 event shall compensation paid for services from January 1, 2023 through May
13 31, 2023 exceed five hundred fifty-five thousand seven hundred and twenty-eight
14 dollars ($555,728).
15 In no event shall total compensation paid by COUNTY for all services
16 performed under this Agreement exceed two million nine hundred sixty-seven
17 thousand, one hundred eighty-four dollars ($2,967,184) during the term of this
18 Agreement. All amounts previously paid to CONTRACTOR between the period of
19 January 1, 2019, and December 13, 2022, as well as any amounts paid under
20 the Purchasing Agreement, are included in this total not to exceed amount. All
21 expenses incidental to CONTRACTOR'S performance of services under this
22 Agreement shall be borne by the CONTRACTOR."
23 3. When both parties have signed this Fourth Amendment, the Agreement, First
24 Amendment to Agreement, Second Amendment to Agreement, Third Amendment to
25 Agreement, and this Fourth Amendment together constitute "the Agreement."
26 4. The Contractor represents and warrants to the County that:
27 a. The Contractor is duly authorized and empowered to sign and perform its obligations
28 under this Amendment.
3
1 b. The individual signing this Fourth Amendment on behalf of the Contractor is duly
2 authorized to do so and his or her signature on this Fourth Amendment legally binds
3 the Contractor to the terms of this Fourth Amendment.
4 5. The parties agree that this Fourth Amendment may be executed by electronic signature
5 as provided in this section.
6 a. An "electronic signature" means any symbol or process intended by an individual
7 signing this Fourth Amendment to represent their signature, including but not limited
8 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
9 (3) an electronically scanned and transmitted (for example by PDF document)
10 version of an original handwritten signature.
11 b. Each electronic signature affixed or attached to this Fourth Amendment is deemed
12 equivalent to a valid original handwritten signature of the person signing this Fourth
13 Amendment for all purposes, including but not limited to evidentiary proof in any
14 administrative or judicial proceeding, and (2) has the same force and effect as the
15 valid original handwritten signature of that person.
16 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
17 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
18 2, Title 2.5, beginning with section 1633.1).
19 d. Each party using a digital signature represents that it has undertaken and satisfied
20 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
21 through (5), and agrees that each other party may rely upon that representation.
22 e. This Fourth Amendment is not conditioned upon the parties conducting the
23 transactions under it by electronic means and either party may sign this Fourth
24 Amendment with an original handwritten signature.
25 6. This Fourth Amendment may be signed in counterparts, each of which is an original, and
26 all of which together constitute this Fourth Amendment.
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1 7. The Agreement, as previously amended, and as amended by this Fourth Amendment is
2 ratified and continued. All provisions of the Agreement as previously amended and not
3 amended by this Fourth Amendment remain in full force and effect.
4 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Fourth Amendment on the date stated in the introductory
2 clause.
3
SATELLITE TRACKING OF PEOPLE, LLC COUNTY OF FRESNO
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6 Greg tt ack, Chief Development Officer Brian Pacheco, Chairman of the Board of
7 53 S
Supervisors of the County of Fresno
Sam
Houston Pkwy, Suite 190 Street
Houston, TX 77041 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
10
By:
11 Deputy
12 For accounting use only:
13 Org No.: 34309999
Account No.: 7295
14 Fund No.: 0001
Subclass No.: 10000
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Exhibit C-1
State of Washington
Contracts& Procurement Division Satellite Tracking of People, LLC
Department of Enterprise Services 5353 W Sam Houston Pkwy,Suite 190
P.O. Box 41411 Houston,TX 77041
Olympia,WA 98504-1411
FOURTH AMENDMENT
TO
NASPO VALUEPOINT COOPERATIVE PURCHASING MASTER AGREEMENT No.00212
ELECTRONIC MONITORING OF OFFENDERS
This Fourth Amendment("Amendment")to Contract No. 00212 is made and entered into by and between
the State of Washington acting by and through the Department of Enterprise Services,a Washington State
governmental agency("State") and Satellite Tracking of People, LLC, a Delaware limited liability company
("Contractor") and is dated and effective as of July 1, 2021.
RECITALS
A. State and Contractor(collectively the "Parties') entered into that certain Contract No. 00212 for
Electronic Monitoring of Offenders dated effective as of June 4, 2013 ("Contract").
B. The Parties previously amended the Contract 00212 as follows:
a. The First amendment, dated and effective January 15, 2016, extended the contract
through December 31, 2019.
b. The Second amendment, dated and effective January 1, 2020, extended the contract
through December 31, 2020 or until a new contract is in place.
c. The Third amendment, dated and effective January 1, 2021, extended the contract
through December 31, 2021.
C. The amendment set forth herein is within the scope of the Contract.
D. The Parties now desire to amend the Contract asset forth herein.
AGREEMENT
Now THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties
hereby agree to amend the Contract, as previously amended, as follows:
1. TERM. Contract is extended through May 31, 2023.
2. No CHANGE OTHER THAN AMENDMENT. Except as amended herein,the Contract is unaffected and
remains in full force and effect.
3. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and
understanding of the Parties with respect to the subject matter and supersedes all prior
COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00212 ELECTRONIC MONITORING OF OFFENDERS Page 1
AMENDMENT No.4 EXTENSION
(4-24-2017)
Exhibit C-1
negotiations and representations. In the event of any conflict between this Amendment and the
Contract or any earlier amendment, this Amendment shall control and govern. This Amendment
may not be modified except in writing signed by the Parties.
4. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party,
hereby represents and warrants to the other that it has full power and authority to enter into this
Amendment and that its execution, delivery, and performance of this Amendment has been fully
authorized and approved, and that no further approvals or consents are required to bind such
party.
5. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement
transmitted by facsimile, email, or other means of electronic transmission shall be deemed to
have the same legal effect as delivery of an original executed copy of this Amendment or such
other ancillary agreement for all purposes.
6. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which
shall be deemed an original, and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Amendment at different times and places by the parties shall not affect the validity thereof so
long as all the parties hereto execute a counterpart of this Amendment.
EXECUTED AND EFFECTIVE as of the day and date first above written.
SATELLITE TRACKING OF PEOPLE,LLC, STATE OF WASHINGTON
A DELAWAREE LIMITED LIABILITY CO PANY DEPARTMENT OF ENTERPRISE SERVICES
B : C/ B
Y Y:
Name: G g tterback Name: Kim Kirkland
Title: ief Development Officer Title: IT Procurement Supervisor
Date: June 7, 2021 Date: 6/8/2021
COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00212 ELECTRONIC MONITORING OF OFFENDERS Page 2
AMENDMENT No.4 EXTENSION
(4-24-2017)
00212 Sate lliteTrackingofPeople MA AMD4-
Exhibit C-1
Final .Signed
Created: 2021-06-07
By: Neva Peckham(neva.peckham@des.wa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAA7PTW2y5UHc87LQHC5rrcRyquUgfmjayQ
"00212 SatelliteTrackingofPeople MA AMD4-Final.Signed" Histo
ry
Document created by Neva Peckham (neva.peckham@des.wa.gov)
2021-06-07-7:09:51 PM GMT-IP address: 198.238.242.30
Document emailed to Kim Kirkland (kim.kirkland@des.wa.gov)for signature
2021-06-07-7:10:12 PM GMT
Email viewed by Kim Kirkland (kim.kirkland@des.wa.gov)
2021-06-08-3:09:03 PM GMT-IP address: 104.47.64.254
Document e-signed by Kim Kirkland (kim.kirkland@des.wa.gov)
Signature Date:2021-06-08-3:09:58 PM GMT-Time Source:server-IP address: 198.238.242.30
Agreement completed.
2021-06-08-3:09:58 PM GMT
Q Adobe sign