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HomeMy WebLinkAboutAgreement A-23-247 Amendment to Agreement with Allvest.pdf Agreement No. 23-247 1 AMENDMENT NO. 1 TO SERVICE AGREEMENT 2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated 3 June 6, 2023 ("Effective Date") and is between Allvest Information Services, Inc., dba 4 Vant4ge, a Washington corporation, whose address is P.O. Box 1802, Salt Lake City, LIT 84110 5 ("Contractor"), and the County of Fresno, a political subdivision of the State of California 6 ("County"). 7 Recitals 8 A. On June 2, 2015, the County and the Contractor entered into Agreement No. A-15-216 9 (the"Original Agreement"), to provide internet-based licensing of, access to, and use of certain 10 automated, evidence-based, risk-assessment software applications, and related services, for 11 the purpose of managing and monitoring adult and juvenile probationers within Fresno County. 12 B. On April 9, 2019, the County and the Contractor entered into County agreement number 13 A-19-167 ("Agreement"), which superseded the Original Agreement, to continue internet-based 14 licensing of, access to, and use of certain automated, evidence-based, risk-assessment 15 software applications, and related services, for the purpose of managing and monitoring adult 16 and juvenile probationers within Fresno County, through Vant4gePoint, a collaborative 17 Rehabilitation Management System. 18 C. Vant4gePoint includes risk-assessment software applications such as the M-PACT, 19 STRONG-R, CSE-IT, Static-99, and DRAI 2.0. The Contractor provided training, as part of the 20 Agreement, to help staff become familiarized with these applications and other related services, 21 followed by a one-time Train-The-Trainer(TTT) Certification training for up to fifteen (15) 22 participants. For this TTT Certification, the Contractor provides additional training for select staff, 23 who are intended to conduct ongoing training for end-users. 24 D. Due to unanticipated high staff turnover and the need to again effectively train end-users 25 to utilize the above-mentioned applications, the Probation Department needs to 26 acquire additional TTT Certification training, and increase the number of staff participants in the 27 TTT training from fifteen (15) to twenty (20). 28 1 1 E. The Contractor represents that it is able to increase training slots for staff trainers and 2 continue providing the County with an additional session of the TTT Certification annually, as 3 described in Exhibit A-1 and incorporated herein by this reference. 4 F. The County and the Contractor now desire to amend the Agreement to increase 5 maximum compensation, as described in Exhibit B-1 and incorporated herein by 6 this reference, to add an annual training for the TTT Certification component to include up to 7 twenty (20) participants. 8 The parties therefore agree as follows: 9 1. Section 6, entitled "COMPENSATION/INVOICING", of the Agreement located at on page 10 ten, lines twelve through twenty-eight, and page eleven, lines one through five, is deleted in its 11 entirety and replaced with the following: 12 "COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR, and 13 CONTRACTOR agrees to receive compensation as set forth in Exhibit B and 14 Exhibit B-1. The Tool Development and Validation portion of the Agreement shall 15 be invoiced upon execution of this Agreement, and CONTRACTOR shall submit 16 quarterly invoices in triplicate to the County of Fresno Probation Department, 17 3333 E. American Avenue, Suite B, Fresno, California 93725. 18 In no event shall compensation paid for services performed under this 19 Agreement exceed Two Hundred Eighteen Thousand Seven Hundred Dollars 20 ($218,700)from the Effective Date through March 31, 2020. In no event shall 21 compensation paid for services performed under this Agreement exceed One 22 Hundred Seventy-Six Thousand Two Hundred Dollars ($176,200)for years two 23 through year four of the Agreement (through 2023). In no event shall 24 compensation paid for services performed under this Agreement exceed One 25 Hundred Ninety-One Thousand Two Hundred Dollars ($191,200)for year five of 26 the Agreement. In no event shall compensation paid for services performed 27 under this Agreement exceed the amount of One Hundred Ninety-Six Thousand 28 Two Hundred Dollars ($196,200) annually thereafter, for each additional year 2 1 during the term of this Agreement. In no event shall compensation paid for service 2 for the initial five-year term of this Agreement exceed Nine Hundred Thirty-Eight 3 Thousand Five Hundred Dollars ($938,500). If the Agreement is extended for a 4 sixth year, in no event shall the compensation paid for the total six-year term 5 exceed One Million One Hundred Thirty-Four Thousand Seven Hundred Dollars 6 ($1,134,700). If the Agreement is extended for a seventh year, in no event shall 7 the compensation paid for the total seven-year term exceed One Million Three 8 Hundred Thirty Thousand Nine Hundred Dollars ($1,330,900). It is understood 9 that all expenses incidental to CONTRACTOR's performance of services under 10 this Agreement shall be borne by CONTRACTOR. 11 CONTRACTOR shall submit quarterly invoices referencing the County 12 agreement Number, as noted on page 1 of this Agreement. CONTRACTOR shall 13 submit invoices to the County of Fresno, Probation Department Business Office, 14 3333 E. American Avenue, Suite B, Fresno, CA 93725 or to 15 Probation Invoices@fresnocountyca.gov. Payments by COUNTY shall be made 16 within forty-five (45) days after receipt of CONTRACTOR's properly completed 17 invoices. Such payments shall be mailed to the CONTRACTOR's address 18 identified on page 1 of this Agreement." 19 2. Section 2, entitled "OBLIGATIONS OF THE CONTRACTOR", paragraph A, of the 20 Agreement, located at page four, lines one through four, is deleted in its entirety and replaced 21 with the following: 22 "A. CONTRACTOR shall provide the use of certain automated, evidence- 23 based, risk-assessment software applications, including Vant4gePoint, and 24 related services, for the purpose of managing and monitoring adult and juvenile 25 probationers within Fresno County, in accordance with the Scope of Work, 26 attached as Exhibit A and Exhibit A-1, and incorporated by reference." 27 3. When both parties have signed this Amendment No.1, the Agreement, and this 28 Amendment No. 1 together constitute the Agreement. 3 1 4. The Contractor represents and warrants to the County that: 2 a. The Contractor is duly authorized and empowered to sign and perform its obligations 3 under this Amendment No. 1. 4 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly 5 authorized to do so and his or her signature on this Amendment No.1 legally binds 6 the Contractor to the terms of this Amendment No. 1. 7 5. The parties agree that this Amendment No. 1 may be executed by electronic signature 8 as provided in this section. 9 a. An "electronic signature" means any symbol or process intended by an individual 10 signing this Amendment No. 1 to represent their signature, including but not limited 11 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or 12 (3) an electronically scanned and transmitted (for example by PDF document) 13 version of an original handwritten signature. 14 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed 15 equivalent to a valid original handwritten signature of the person signing this 16 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in 17 any administrative or judicial proceeding, and (2) has the same force and effect as 18 the valid original handwritten signature of that person. 19 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 20 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 21 2, Title 2.5, beginning with section 1633.1). 22 d. Each party using a digital signature represents that it has undertaken and satisfied 23 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 24 through (5), and agrees that each other party may rely upon that representation. 25 e. This Amendment No. 1 is not conditioned upon the parties conducting the 26 transactions under it by electronic means and either party may sign this Amendment 27 No. 1 with an original handwritten signature. 28 4 1 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and 2 all of which together constitute this Amendment No. 1. 3 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All 4 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and 5 effect. 6 [SIGNATURE PAGE FOLLOWS] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1 The parties are signing this Amendment No. 1 on the date stated in the introductory 2 clause. 3 Allvest Information Services, Inc., dba COUNTY OF FRESNO 4 Vant4ge 5 su 6 Sean Hosman, Chief Executive Officer Sa n ro, hairman of the Board of 7 PO Box 1802 Su iso the County of Fresno Salt Lake City, UT 84110 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Exhibit A-1 Vant4ge shall train up to (20) Fresno County employees, who will then be able to train additional Fresno County Staff as needed. Project Deliverables Deliverable 1 — Train the Trainer Training Vant4ge shall provide a 5 day train the trainer course that will include the following: 5-Day Train-the-Trainer Certification (TTT) Agenda Day One Day Two Welcome/Introductions/Pretest Welcome/Review of Day One Module 1: Overview of EBP and PEI Module 6: Vant4gePoint Assessment • Evidence Based Practices Scoring and Reports • Principles of Effective Intervention Introduction to Vant4gePoint • Overview and Research 2.0 • Risk Needs and Responsivity Module 2: Assessment Interviewing Skills Software Practice • Motivational Interviewing • Role Clarification Module 3: Assessment Administration Protocols Module 7: Introduction to Case Planning • SMART Goals • Case File Review Part Two: Case Plan Module 4: Assessment Administration Processes and Semi- Module 8: Vant4gePoint Case Planning Structured Interviewing . Assessment and Case Planning • Case File Review Part One: Assessment Practice Module 5: Assessment Demonstration/Practice Software Practice The Triad Exercise Wrap-up/Review Wrap-up/Post-Test Day Three Day Four Day Five Welcome/Review Welcome/Review Welcome/Review Introduction to TTT Material Prep for teach backs Introduction to Software teach back and Process process Prep for teach backs Team teach backs and Prep for teach backs Feedback Team teach backs and Debrief of teach back Team teach backs and Feedback Feedback Process Wrap-up/Review Wrap-up/Review Debrief/Review Exhibit A-1 Deliverable 2 & 3 — Train the Trainer - Recurring Annually Yearly recurring funds shall be allocated for additional training by Vant4ge staff to train additional County staff as needed per the request of County. Training will include the same outline stated in Deliverable 1, but is subject to change by Vant4ge staff if training criteria is modified. Exhibit B-1 Cost Description IMF Deliverable 1: Train the Trainer $15,000 Deliverable 2: Yearly Recurring Training Funds Year 6 $20,000 Deliverable 3: Yearly Recurring Training Year 7 $20,000 Proposed Timeline 0" a Deliverable 1: Train the Trainer Training • Up to 20 participants TBD • —40 hours • 5 days for 8 hrs. per day Deliverable 2: Train the Trainer Training • Same criteria as stated in Deliverable 1 TBD (year 6) • For annual training requested by County Deliverable 3: Train the Trainer Training • Same criteria as stated in Deliverable 1 TBD (year 7) • For annual training requested by County *Recurring Annual Train the Trainer Training may be extended two additional consecutive twelve-month periods upon written approval of both parties* Project Assumptions and Dependencies Vant4ge requires the use of a current web browser (met with either Google Chrome and/or Microsoft Edge) for the greatest effectiveness in the use of the software for these tools. All candidates must be present for all days of the training. C-hange Management Any changes to the scope and deliverables must be defined, estimated and approved mutually with an amendment to this statement of work definition.