HomeMy WebLinkAboutAgreement A-23-123 Amendment to Agreement.pdf Agreement No. 23-123
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated
3 March 28, 2023 and is between B.I. Incorporated, dba B.I. Correctional Services,
4 Inc., a Colorado corporation, which is a wholly owned subsidiary of The GEO Group, Inc., a
5 Florida corporation ("Contractor"), and the County of Fresno, a political subdivision of the
6 State of California ("County").
7 Recitals
8 A. On January 26, 2021, the County and the Contractor entered into County agreement
9 number A-21-026 ("Agreement"), to provide evidence-based re-entry employment readiness
10 services for in-custody and out of custody adult offenders on probation in the Pretrial Program
11 or the Adult Re-Entry Planning Program (ARPP). These services include, but are not limited to
12 assessing participants criminogenic risk and need, to identify employment barriers, strengths
13 and talents of participants, development of individual employment plans providing education
14 resources, employment readiness skills, vocational certifications, job coaching, employment
15 search assistance, and placement referrals.
16 B. As part of the Re-entry Employment Readiness Services Program, the County desires to
17 increase the number of daily and annual participants funded through AB 109 Realignment funds
18 and increase the maximum compensation accordingly. The Contractor is qualified, willing, and
19 able to provide re-entry employment readiness services to an expanded number of AB 109
20 Realignment and Pretrial participants.
21 C. The County and the Contractor now desire to amend the Agreement to increase the
22 number of participants receiving re-entry employment readiness services funded with AB 109
23 Realignment funds.
24 The parties therefore agree as follows:
25 1. Section 5, of the Agreement located at page 3, lines 6-26 is deleted in its entirety and
26 replaced with the following:
27 "5. Compensation/Invoicing: County agrees to pay Contractor and contractor
28 agrees to receive maximum annual compensation in accordance with the Cost
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1 Summary, attached as Exhibit B, and incorporated by this reference. Contractor
2 shall submit monthly invoices in triplicate to the County of Fresno Probation
3 Department, 3333 E. American Avenue, Suite B, Fresno, CA 93725 or
4 ProbationInvoices@fresnocountyca.gov. County shall pay Contractor within
5 forty-five (45) days of receipt of an approved invoice.
6 In no event shall compensation paid with AB 109 funding for services
7 performed in years one and two of this agreement exceed Two Hundred
8 Seventy-One Thousand, Four Hundred and Eleven Dollars ($271,411) annually,
9 Five Hundred and Four Thousand, One Hundred and Fifty-Nine dollars
10 ($504,159) annually in the third year, and One Million Forty-Six Thousand, Nine
11 Hundred and Eight-One Dollars ($1,046,981) during the initial three-year term. In
12 no event shall compensation paid with ARPP JAG funding exceed Sixty-Nine
13 Thousand, Two Hundred and Thirty-Seven Dollars ($69,237) annually, and Two
14 Hundred Seven Thousand, Seven Hundred and Eleven Dollars ($207,711)
15 during the initial three-year term. In the event this Agreement is extended for an
16 additional fourth year, total compensation paid for services performed shall not
17 exceed One Million, Five Hundred Fifty-One Thousand, One Hundred and Forty
18 Dollars ($1,551,140) in AB 109 funding, and Two Hundred Seventy-Six
19 Thousand, Nine Hundred and Forty-Eight Dollars ($276,948) in ARPP JAG
20 Funding. In the event this Agreement is extended for an additional fifth year,
21 compensation paid for services performed shall not exceed Two Million, Fifty-
22 Five Thousand, and Two Hundred and Ninety-Nine Dollars ($2,055,299) in AB
23 109 funding, and Three Hundred Forty-Six Thousand, One Hundred and Eighty-
24 Five Dollars ($346,185) in ARPP JAG funding during the total possible 5-year
25 term of this Agreement. It is understood that all expenses incidental to
26 CONTRACTOR'S performance of services under this Agreement shall be borne
27 by CONTRACTOR, as detailed in Exhibit B."
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1 2. Exhibit B is deleted and replaced with the attached new Exhibit B, incorporated by this
2 reference, and made part of the Agreement.
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 No. 1.
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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I The parties are signing this Amendment No.1 on the date stated in the introductory
2 clause.
3
B.I. Incorporated dba B.I. Correctional COUNTY OF FRESNO
4 Services
ter , Chairman of the Board of
Derrick D. Schofield, Vice President, Reentry S&p^iSoWof the County of Fresno
7 Services
Attest:
8 4955 Technology Way Bernice E. Seidel
Boca Raton, FL, 33431 Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By: _
11 Deputy
12 For accounting use only:
13 Org No.: 34300390
Account No.: 7295
14 Fund No.: 0001
Subclass No.: 10000
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Org No.: 34321975
16 Account No.: 7295
Fund No.: 0001
17 Subclass No.: 10000
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Exhibit B -Summary for AB 109 Funding
Organization/Agency B.I. Incorporated
Program/Service Description Re-entry Employment Readiness Services
Total Requested Budget For Years 1 through 5 $2,055,299
Title/Classification & number of positions
Number and type of positions funded (e.g., Correctional Officer (2)
Program Manager (1)
Job Developer (5)
Exhibit B - Line Item Budget for AB 109 Funding
Organization/Agency B.I. Incorporated
Program/Service: Reentry Employment Readiness Services
Year 1 Funding Year 2 Funding Year 3 Funding Year 4 Funding Year 5 Funding
SALARIES & BENEFITS Request Request Request Request Request Notes/Comments/Description
Regular Salaries $ 109,824 $ 114,417 $ 298,800 $ 298,800 $ 298,800 Program Manager (1) Job Developer (5)
As of Yr 3 wage adjustments to decrease the amount of overtime incurred
Overtime 2,371 2,419 9,425 9,425 9,425 *Includes Holiday Pay OT in the combined total
Holiday OT 2,918 2,977
Unemployment Insurance 1,176 1,176 3,400 3,400 3,400 Federal and State Unemployment (As of Yr. 3 wage costs increased)
Retirement Contribution 988 1,030 4,500 4,500 4,500 Employer matching contribution (As of Yr. 3 wage costs increased)
OASDI Contribution 8,974 9,340 26,892 26,892 26,892 Payroll taxes
Workers Comp Contribution 2,097 2,183 5,439 5,439 5,439 Worker's Compensation Insurance
Health Insurance Contribution 10,656 10,656 26,640 26,640 26,640 Health and Supplemental Insurances
Life & Disability Insurance 525 525 2,520 2,520 2,520 (As of Yr. 3 wage costs increased)
Benefits Administration
Other (describe)
Object Total $ 139,529 $ 144,723 $ 377,616 $ 377,616 $ 377,616
Year 1 Funding Year 2 Funding Year 3 Funding Year 4 Funding Year 5 Funding
SERVICES and SUPPLIES Request Request Request Request Request Notes/Comments/Description
Mobile Communication 1,440 1,440 600 600 600 Cell phone for supervisor (As of Yr. 3 based on actual expenses)
Telephone Charges 2,400 2,400 2,400 2,400 2,400 Phone system for facility and internet
General liability, calculated as a % of payroll costs (As of Yr. 3 included in
Liability Insurance 3,519 3,662 - - - benefits package)
Insurance - Other - -
Rent, Janitorial 6ervice, Printer/Copier Lease, Uperating lease,Uttice
Supplies (Beginning Yr 3 Operating leases cost removed and given own
Office Expense 29,440 29,440 2,400 2,400 2,400 category)
Books and Publications 4,831 4,831 3,000 3,000 3,000 Participant Curriculum (As of Yr. 3 based on actual expenses)
Prof& Specialized Services 7,200 7,200 1,200 1,200 1,200 Participant Transportation (As of Yr. 3 based on actual expenses)
Publications & Legal Notices - -
Operating Leasing Building - - 36,000 36,000 36,000 Office Lease
Hours for employee training and cost of any associated travel (As of Yr. 3
Education & Training 5,216 5,240 2,001 2,001 2,001 based on actual expenses)
Utilities 6,400 6,400 3,000 3,000 3,000 Security Alarm System and Utilities
Participants Incentives/Snacks, Recruitment Costs (As of Yr. 3 increase
Other (describe) 2,880 2,880 3,300 3,300 3,300 based on actual expenses)
Object Total $ 63,326 $ 63,493 $ 53,901 $ 53,901 $ 53,901
FIXED ASSETS
(add description - e.g., vehicle) $ 12,800 $ 12,800 $ 16,000 $ 16,000 $ 16,000 Staff Laptops, Participant Computer Lab, FF&E,
Object Total $ 12,800 $ 12,800 $ 16,000 $ 16,000 $ 16,000
INDIRECT COST - Max. of 15% of Salaries and Benefits for non-profit organization
Object Total $ 55,756 $ 50,395 $ 56,642 $ 56,642 $ 56,642 Corporate Overhead and Support Costs
TOTAL ANNUAL BUDGET $ 271,411 $ 271,411 $ 504,159 $ 504,159 $ 504,159
TOTAL BUDGET 2,055,299
Exhibit B-AB 109 Salary and Benefit Detail By Position
Unemp. Workers Health Life & Retirement Benefits
Position FTE Salary Insurance OASDI Comp Insurance Disability Contribution Admin Other Total Description of Other
Program Supervisor 1 $ 70,000 $ 500 $ 6,300 $ 914 $ 4,440 $ 420 $ 750 $ - $ 83,324
Job Developer 1 $ 45,760 $ 500 $ 4,118 $ 905 $ 4,440 $ 420 $ 750 $ 1 ,885 $ 58,778 Overtime / Holiday Pay
Job Developer 1 $ 45,760 $ 600 $ 4,118 $ 905 $ 4,440 $ 420 $ 750 $ 1 ,885 $ 58,878 Overtime / Holiday Pa
Job Developer 1 $ 45,760 $ 600 $ 4,118 $ 905 $ 4,440 $ 420 $ 750 $ 1 ,885 $ 58,878 Overtime / Holiday Pay
Job Developer 1 $ 45,760 $ 600 $ 4,118 $ 905 $ 4,440 $ 420 $ 750 $ 1 ,885 $ 58,878 Overtime / Holiday Pay
Job Developer 1 $ 45,760 $ 600 $ 4,118 $ 905 $ 4,440 $ 420 $ 750 $ 1 ,885 $ 58,878 Overtime / Holiday Pa
Totals $ 298,800 $ 3,400 $ 26,892 $ 5,439 $ 26,640 $ 2,520 $ 4,500 $ - $ 9,425 $ 377,616
Exhibit B - Summary for JAG Funding
Organizaiton/Agency BI Incorporated
Program/Service Description Employee Readiness (JAG)
Total Requested Budget For Years 1 through 5 $ 346,185.00
Title/Classification & number of positions
Number and type of positions funded (e.g., Correctional Officer (2) Program Manager (0.2)
Job Developer (0.4)
RFP 21-010 Exhibit B-Line Item Budget for JAG Funding
Organization/Agency: BI Incorporated
Program/Service: Employee Readiness JAG
Year Funding Year Funding Year Funding Year Funding Years Funding
SALARIES&BENEFITS Request Request Request Request Request Notes/Comments/Description
Regular Salaries $ 27,456 $ 28,604 $ 29,178 $ 29,766 $ 30,358
Overtime 593 604 617 630 642
Holiday OT 730 744 759 775 789
Unemployment Insurance 294 294 294 294 294 Federal and State Unemployment
Retirement Contribution 247 258 263 268 273 Employer matching contribution
OASDI Contribution 2,244 2,335 2,382 2,430 2,478 Payroll taxes
Workers Comp Contribution 525 546 502 457 412
Health Insurance Contribution 2,664 2,664 2,664 2,664 2,664
Life&Disability Insurance 131 131 131 131 131
Benefits Administration
Other(describe)
Object Total $ 34,884 $ 36,180 $ 36,790 $ 37,415 $ 38,041
Year Funding Year Funding Year Funding Year Funding Year Funding
SERVICES and SUPPLIES Request Request Request Request Request Notes/Comments/Descri tion
Mobile Communication 360 360 360 360 360 Cell phone for supervisor
Telephone Charges 600 600 600 600 600 Phone system for facility
Liability Insurance 880 916 934 953 972 General liability,calculated as a%of payroll costs
Insurance-Other
Office Expense 7,360 7,360 7,360 7,360 7,360 Rent,Janitorial Service,Printer/Copier Lease,Office Supplies
Books and Publications 9,663 9,663 9,663 9,663 9,663 Participant Curriculum
Prof&Specialized Services 1,800 1,800 1,800 1,800 1,800 Participant Transportation
Publications&Legal Notices
Education&Training 1,304 1,310 1,317 1,323 1,330 Hours for employee training and the cost of any associated travel
Utilities 1,600 1,600 1,600 1,600 1,600
Other(describe) 720 720 720 720 720 Participant Incentives/Snacks,Recruitment Costs
Object Total $ 24,287 $ 24,329 $ 24,354 $ 24,379 $ 24,405
FIXED ASSETS
(add description-e.g.,vehicle) $ 3,200 $ 3,200 $ 3,200 $ 3,200 $ 3,200 Staff Laptops,Participant Computer Lab,FF&E,Facility Renovations
Object Total $ 3,200 $ 3,200 $ 3,200 $ 3,200 $ 3,200
INDIRECT COST -Max.of 15%of Salaries and Benefits for non-profit organization
Object Total $ 6,866 $ 5,528 $ 4,893 $ 4,243 $ 3,591
TOTAL BUDGET $ 69,237 $ 69,237 $ 69,237 $ 69,237 $ 69,237
Exhibit B -JAG Salary and Benefit Detail By
Position
Unemp. Workers Health Life & Retire- Benefits
Organization/Agency FTE Salary Insurance OASDI Comp Insurance Disability ment Admin Other Total Description of Other
Program Manager 1 63086 490 4870 1145.77 4400 220 568 0 74780
Job Developer 1 41142.4 490 3499.5 814.161 4400 218.5 370 3403.224 54338 Overtime/Holiday Pay
Job Developer 1 41142.4 490 3499.5 814.161 4400 218.5 370 3403.224 54338 Overtime/Holiday Pay
Job Developer 1
Job Developer 1
Job Developer 1