HomeMy WebLinkAboutAgreement A-22-579 Amendment.pdf Agreement No. 22-579
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated
3 December 13, 2022 and is between BI Incorporated, dba BI Correctional Services, Inc, a
4 Colorado corporation, and a wholly-owned subsidiary of The GEO Group, Inc., a Florida
5 corporation ("Contractor"), and the County of Fresno, a political subdivision of the State of
6 California ("County").
7 Recitals
8 A. On June 22, 2021, the County and the Contractor entered into County agreement
9 number A-21-222 ("Agreement"), to operate a Day Reporting Center (DRC) to provide evidence-
10 based programming to adult offenders, including but not limited to: daily check-ins, random drug
11 testing, job skills training/placement, substance abuse counseling, anger management, family
12 and parenting counseling, educational services/GED, life skills, relapse prevention, and mental
13 health assessments.
14 B. On March 22, 2022, the County and the Superior Court of California, County of Fresno
15 entered into County agreement number A-22-110, for the Pretrial Services Expansion Program,
16 pursuant to SB 129 of the Budget Act of 2021.
17 C. As part of the Pretrial Services Expansion Program, the County desires to add services
18 to the Agreement so that Contractor may administer financial questionnaires to in-custody,
19 Pretrial-eligible defendants, as identified by the Probation Department and increase the
20 maximum compensation amount accordingly. The Contractor is qualified, willing, and able to
21 provide these financial questionnaires.
22 D. The County and the Contractor now desire to amend the Agreement to add services, as
23 shown in Exhibit E, and incorporated herein by reference, to administer financial questionnaires
24 to those in-custody, Pretrial-eligible defendants as identified by the Probation Department.
25 The parties therefore agree as follows:
26 1. Section 1 of the Agreement is amended to add the following paragraph O:
27 "O. The Contractor shall provide the Financial Questionnaire Administration
28 services described in Exhibit E."
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1 2. Section 5 of the Agreement located on Page 5, lines 24-28, and Page 6, lines 1-25 are
2 deleted and replaced with the following:
3 "COMPENSATION/INVOICING:
4 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
5 compensation as shown in the tiered monthly pricing structure, attached as
6 Exhibit C, and incorporated herein by reference. COUNTY'S Probation
7 Department will give CONTRACTOR a thirty (30) day advance notice of its intent
8 to increase or decrease the number of program slots to be provided at the DRC.
9 CONTRACTOR shall submit monthly invoices in triplicate to the County of
10 Fresno Probation Department, either by mail to the Business Office, 3333 E.
11 American Avenue, Suite B, Fresno, CA 93725, or electronically to:
12 ProbationInvoices@co.fresno.ca.us. The invoice shall include the following
13 information: 1) current number of participants enrolled in the DRC; 2) number of
14 participants who entered the program during the month; 3) number of participants
15 who exited the program during the month, indicating how many graduated and
16 how many were terminated without graduation; and 4) the average daily
17 population for the month. Payments by COUNTY shall be in arrears, for services
18 provided during the preceding month, within forty-five (45) days after receipt and
19 verification of CONTRACTOR'S invoices by COUNTY'S Probation
20 Department.
21 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to
22 receive compensation for administering the Financial Questionnaire to in-
23 custody, Pretrial-eligible defendants as identified by the Probation Department,
24 as shown in the monthly pricing structure, attached as Exhibit F, and
25 incorporated herein by reference.
26 CONTRACTOR shall submit separate monthly invoices for services
27 relating to administering the Financial Questionnaire to in-custody, Pretrial-
28 eligible defendants. Invoices shall be submitted only for months that services are
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1 rendered, as shown in Exhibit E. Invoices shall be submitted in triplicate to the
2 County of Fresno Probation Department, either by mail to the Business Office,
3 3333 E. American Avenue, Suite B, Fresno, CA 93725, or electronically to:
4 ProbationInvoices@co.fresno.ca.us. Payments by COUNTY shall be in arrears,
5 for services provided during the preceding month, within forty-five (45) days after
6 receipt and verification of CONTRACTOR'S invoices by COUNTY'S Probation
7 Department.
8 Under no circumstances shall compensation paid by the COUNTY to
9 CONTRACTOR under this Agreement exceed Six Hundred Fifty-Five Thousand,
10 Seven Hundred Seventy-Five Dollars ($655,775) during the first year of this
11 Agreement. Under no circumstances shall compensation paid by the COUNTY
12 to CONTRACTOR under this Agreement exceed Eight Hundred and Three
13 Thousand, Three Hundred Thirty-Five Dollars and Eighty Cents ($803,335.80)
14 during the second year of this Agreement. Under no circumstances shall
15 compensation paid by the COUNTY to CONTRACTOR under this Agreement
16 exceed Nine Hundred Fifty-One Thousand, Four Hundred Eighty-Six Dollars and
17 Seventy Cents ($951,486.70) during the third year of this Agreement. If
18 extended, under no circumstances shall compensation paid by the COUNTY to
19 CONTRACTOR under this Agreement exceed Nine Hundred Seventy-Two
20 Thousand, Three Hundred Fifty-Eight Dollars ($972,358) in the fourth year of this
21 Agreement. If extended, under no circumstances shall compensation paid by the
22 COUNTY to CONTRACTOR under this Agreement exceed Seven Hundred
23 Thirty-Eight Thousand, Eighty Dollars and Fifty Cents ($738,080.50) for the fifth
24 year of this Agreement. In no event shall compensation paid for services
25 performed under this Agreement exceed Four Million, One Hundred Twenty-One
26 Thousand, Thirty-Six Dollars ($4,121,036) during the total possible five-year term
27 of this Agreement. It is understood that all expenses incidental to
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1 CONTRACTOR'S performance of services under this Agreement shall be borne
2 by CONTRACTOR."
3 3. When both parties have signed this Amendment No. 1, the Agreement, and this
4 Amendment No. 1 together constitute the Agreement.
5 4. The Contractor represents and warrants to the County that:
6 a. The Contractor is duly authorized and empowered to sign and perform its obligations
7 under this Amendment No. 1.
8 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
9 authorized to do so and his or her signature on this Amendment legally binds the
10 Contractor to the terms of this Amendment No. 1.
11 5. The parties agree that this Amendment No. 1 may be executed by electronic signature
12 as provided in this section.
13 a. An "electronic signature" means any symbol or process intended by an individual
14 signing this Amendment No. 1 to represent their signature, including but not limited
15 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
16 (3) an electronically scanned and transmitted (for example by PDF document)
17 version of an original handwritten signature.
18 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed
19 equivalent to a valid original handwritten signature of the person signing this
20 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
21 any administrative or judicial proceeding, and (2) has the same force and effect as
22 the valid original handwritten signature of that person.
23 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
24 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
25 2, Title 2.5, beginning with section 1633.1).
26 d. Each party using a digital signature represents that it has undertaken and satisfied
27 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
28 through (5), and agrees that each other party may rely upon that representation.
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1 e. This Amendment No. 1 is not conditioned upon the parties conducting the
2 transactions under it by electronic means and either party may sign this Amendment
3 No. 1 with an original handwritten signature.
4 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
5 all of which together constitute this Amendment.
6 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
7 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
8 effect.
9 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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BI Incorporated dba BI Correctional Services, COUNTY OF FRESNO
4 Inc.
5 r� V�J-
6 D• Brian Pacheco, Chairman of the Board of
Derrick D. Schofield, Vice President, Reentry Supervisors of the County of Fresno
7 Services
Attest:
8 Bernice E. Seidel
4955 Technology Way Clerk of the Board of Supervisors
9 Boca Raton, FL, 33431 County of Fresno, State of California
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By:
11 (Deputy
12 For accounting use only:
13 Org No.: 34300300
Account No.: 7295
14 Fund No.: 0001
Subclass No.: 10000
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Exhibit E
Pretrial Services Expansion Program — Financial Questionnaire Administration
Services
The contractor shall be responsible for administering the Financial Questionnaire to persons in
custody in the Fresno County Jail. The Court will use this financial information to determine a
person's ability to pay for purposes of setting a bail amount, if appropriate.
The contractor will provide services as follows:
• Three (3) FTE Case Manager II (Bilingual) staff to administer the financial questionnaire to
those in-custody, Pretrial-eligible defendants identified by the Probation Department.
• Forms (electronic or hard copy) will be provided to the contractor by the Probation
Department.
• Probation-specific equipment and dedicated office space will be provided as needed to
the contractor by the Probation Department.
• Work from 8:00 a.m. to 5:00 p.m. Monday through Friday.
• Deliver or electronically submit completed assessments to the Crocker building by 3:00
p.m. each day for processing by Probation staff.
• Provide statistical information to Probation upon request.
The contractor will be compensated on a flat-fee basis, as shown in Exhibit F and only for months
that services are rendered, not by number of questionnaires completed. It is anticipated that the
monthly number of questionnaires will be between 500 and 550; this number is likely to vary
depending on the monthly number of jail bookings.
Minimum Qualifications
Jail clearances will be determined by the jail officials. The Probation Department will complete
background clearances on the vendor and its employees.
EXHIBIT F
Pretrial Services Expansion Program — Financial Questionnaire Administration
Services Compensation
Term Monthly Fee Maximum Amount
January 1, 2023 - June 30, 2023 $ 21,314.58 $ 127,887.50
July 1, 2023 - June 30, 2024 $ 21,314.58 $ 255,775.00
July 1, 2024 - June 30, 2025 $ 21,314.58 $ 255,775.00
*Monthly Fee and Maximum Amount to remain at some amounts if term is extended
Exhibit F
Financial Interview Addon
GEO Reentry Services,LLC
Estimated Annual Budget
FY 22-23
Budget Categories- Total Proposed Budget
Line Item Description(Must be itemized) FTE%Benefits&Taxes Direct Total
PERSONNEL SALARIES,INCLUDING BENEFITS:
Case Manager II(Bilingual) 3.00 $31,575 $157,256 $188,831
SALARY,INCLUDING BENEFITS TOTAL 3.00 $31,575 $157,256 $188,831
OPERATING EXPENSES:
Resident Expenses $0
Utilities $0
Curriculum Costs $0
Office Supplies and Expenses $3,000
Personnel Training and Travel $5,825
General Liability Insurance $9,799
Repair and Maintenance $0
Recruiting&Employee Retention $16,000
Communications $2,000
OPERATING EXPENSES TOTAL $36,624
EQUIPMENT&OTHER: FY 22-23
Equipment Rent Expenses $2,500
FF&E,Computer/IT $2,000
EQUIPMENT&OTHER TOTAL $4,500
INDIRECT EXPENSES:
IT Support,Payroll,Tax,Human Resources and Internal Audit $25,820
INDIRECT TOTAL $25,820
TOTAL PROGRAM EXPENSES $255,775
Exhibit F
Financial Interview Addon
GEO Reentry Services,LLC
Estimated Annual Budget
FY 23-24
Budget Categories- Total Proposed Budget
Line Item Description(Must be itemized) FTE%Benefits&Taxes Direct Total
PERSONNEL SALARIES,INCLUDING BENEFITS:
Case Manager II(Bilingual) 3.00 $32,522 $161,974 $194,496
SALARY,INCLUDING BENEFITS TOTAL 3.00 $32,522 $161,974 $194,496
OPERATING EXPENSES:
Resident Expenses $0
Utilities $0
Curriculum Costs $0
Office Supplies and Expenses $3,000
Personnel Training and Travel $5,825
General Liability Insurance $9,799
Repair and Maintenance $0
Recruiting&Employee Retention $16,450
Communications $2,000
OPERATING EXPENSES TOTAL $37,074
EQUIPMENT&OTHER: FY 23-24
Equipment Rent Expenses $2,500
FF&E,Computer/IT $2,000
EQUIPMENT&OTHER TOTAL $4,500
INDIRECT EXPENSES:
IT Support,Payroll,Tax,Human Resources and Internal Audit $19,705
INDIRECT TOTAL $19,705
TOTAL PROGRAM EXPENSES $255,775
Exhibit F
Financial Interview Addon
GEO Reentry Services,LLC
Estimated Annual Budget
FY 24-25
Budget Categories- Total Proposed Budget
Line Item Description(Must be itemized) FTE%Benefits&Taxes Direct Total
PERSONNEL SALARIES,INCLUDING BENEFITS:
Case Manager II(Bilingual) 3.00 $33,498 $166,833 $200,331
SALARY,INCLUDING BENEFITS TOTAL 3.00 $33,498 $166,833 $200,331
OPERATING EXPENSES:
Resident Expenses $0
Utilities $0
Curriculum Costs $0
Office Supplies and Expenses $3,000
Personnel Training and Travel $5,825
General Liability Insurance $9,799
Repair and Maintenance $0
Recruiting&Employee Retention $16,913
Communications $2,000
OPERATING EXPENSES TOTAL $37,537
EQUIPMENT&OTHER: FY 24-25
Equipment Rent Expenses $2,500
FF&E,Computer/IT $2,000
EQUIPMENT&OTHER TOTAL $4,500
INDIRECT EXPENSES:
IT Support,Payroll,Tax,Human Resources and Internal Audit $13,407
INDIRECT TOTAL $13,407
TOTAL PROGRAM EXPENSES $255,775