HomeMy WebLinkAboutAgreement A-19-319-1 with JBI.pdf- 1 -
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (“First Amendment”) is made and entered into
this day of , 2020, by and between COUNTY OF FRESNO, a political
subdivision of the state of California, Fresno, California (“COUNTY”), and JBI, LTD, a Texas limited
partnership, whose address is 1711 East Belt Line Road, Coppell, Texas 75019, (“CONTRACTOR” or
“JBI”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 19-319, dated July
9, 2019 (“Agreement”), pursuant to which CONTRACTOR agreed to provide professional services to
assist COUNTY’s Probation Department in accurately claiming for Federal Title IV-E funds including,
but not limited to, preparing required claim, training, and quality assurance and auditing to ensure
compliance with the program’s requirements;
WHEREAS, COUNTY’s Public Defender’s Office desires to utilize professional services from
CONTRACTOR, including assistance in accurately claiming for Federal Title IV-E funds; and
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
enable CONTRACTOR to additionally assist the Public Defender’s Office, and increase the total
compensation amount accordingly.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.All references to in the Agreement to “Probation Department” shall be amended to read
“Probation Department and Public Defender’s Office.”
2.Section 1, line 17 shall be deleted in its entirety, and replaced with the following:
“JBI will provide all services identified in Exhibit A – Scope of Services, and Exhibit C – Scope
of Services – Public Defender’s Office.”
3.Exhibit C, “Scope of Services – Public Defender” shall be attached and incorporated by
this reference.
4.Section 2(A), located on lines 22-23 of page 1 of the Agreement shall be deleted in its
entirety, and replaced with the following:
26th May
Agreement No. 19-319-1
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“COUNTY’s Probation Administration Division Director and Public Defender’s Office Business
Manager shall:”
5.Section 3, lines 4-5, located on page 2, lines 12-13, are deleted in their entirety, and
replaced with the following:
“The Chief Probation Officer and the Public Defender, or their designees, are authorized to
execute such written approval on behalf of COUNTY based on CONTRACTOR’S satisfactory
performance.”
6.Section 4, located on page 3, is deleted in its entirety, and replaced with the following:
“4. COMPENSATION/INVOICING
A. Probation - COUNTY agrees to pay CONTRACTOR, and CONTRACTOR
agrees to receive compensation for CONTRACTOR’s services as follows:
Performance Fees equal to ten percent (10%) of gross Title IV-E Juvenile
Justice funds received by the COUNTY each quarterly period relating to
services provided by CONTRACTOR, provided that CONTRACTOR’s
Performance Fees for any given quarterly period of this Agreement not exceed
$30,000 per quarter.
B.Public Defender COUNTY agrees to pay CONTRACTOR, and CONTRACTOR
agrees to receive compensation for CONTRACTOR’s services as follows:
Performance Fees equal to
1.Fifteen percent (15%) of gross Title IV-E Juvenile Justice funds
received by the COUNTY each quarterly period relating to
services provided by CONTRACTOR in first and second years;
2.Thirteen percent (13%) of gross Title IV-E Juvenile Justice funds
received by the COUNTY each quarterly period relating to
services provided by CONTRACTOR in third and fourth years;
and
3.Twelve percent (12%) of gross Title IV-E Juvenile Justice funds
received by the COUNTY each quarterly period relating to
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services provided by CONTRACTOR in fifth year.
The above-described Performance Fees shall be limited by the provision that
CONTRACTOR’s Performance Fees for any given quarterly period of this
Agreement shall not exceed $10,000 per quarter.
C. COUNTY shall pay CONTRACTOR within forty-five (45) days of COUNTY's
receipt of such funds, pursuant to CONTRACTOR's submission of quarterly
invoices to the COUNTY Department for which the services were provided. The
addresses to which invoices shall be sent are:
County of Fresno
Probation Business Office
3333 E. American Avenue, Suite B
Fresno, CA 93725
or email to Probationlnvoices@co.fresno.ca.us
Public Defender
2135 Fresno Street, Suite 100
Fresno, CA 93721
or email to cyau@fresnocountyca.gov
Unless otherwise directed by JBI in writing, COUNTY shall make payment to the
order of JBI, at 1711 E. Beltline Road, Dallas, Texas 75019.
JBI agrees that in the unlikely event any funds recovered by the
COUNTY as a result of this Agreement are subsequently disallowed, and the
disallowance is not directly related to JBl's performance, that the related fees
paid to JBI based on such disallowed reimbursements shall be credited against
future payments to JBI, or promptly repaid to the COUNTY if this Agreement is
terminated.
JBI shall have the right to review COUNTY's claims, grant awards, and
such books, records, and other documents as may be required to ensure that
the payment of JBl's Fees is in accordance with this Agreement.
In no event shall the total compensation paid by COUNTY for services
performed under this Agreement for the initial three-year term exceed
$480,000.00. If this Agreement is extended for additional consecutive one-year
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periods in accordance with Section 3, 'Term," COUNTY shall pay
CONTRACTOR a maximum of $160,000 for each such extension period.
In no event shall the maximum compensation under this Agreement
exceed $800,000 for the entire potential 5-year term. It is understood that all
expenses incidental to CONTRACTOR's performance of services under this
Agreement shall be borne by CONTRACTOR.”
7.Page 8, Lines 2-4 of Section 11, Notices of the Agreement are deleted in their entirety,
and replaced with the following:
“COUNTY
Probation Dept. Public Defender’s Office
Chief Probation Officer Public Defender
3333 E. American Ave., Suite B 2135 Fresno Street, Suite 100
Fresno, CA 93725 Fresno, CA 93721
CONTRACTOR
JBI, LTD
Senior Vice President – Gov Affairs
1711 East Belt Line Road
Coppell, TX 75019”
COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
Agreement, and that upon execution of this First Amendment, the Agreement and this First
Amendment together shall be considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shall remain
in full force and effect.
//
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EXECUTED AND EFFECTIVE as of the date first above set forth .
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FOR ACCOUNTING USE ONLY:
18 Fund : 0001
19 Subclass: 10000
20 ORG : 2880
21 Account: 7295
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COUNTY OF FRESNO
£ _;t-4 ~CJ,4_, .eL
Ernest Buddy M~hairman of the
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: _ _,~.....,_"""'°""""""""."""'->'-:::-=-:=t-~----
D~
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Exhibit C
2019 Justice Benefits, Inc. Page 1 of 3
Scope of Service Overview
JBI Partnership
JBI will partner with Fresno County Public Defender’s Office to claim Title IV-E funds for
Legal Representation. JBI’s support services include implementation, staff training, set-up of
time tracking methodology, and ensuring compliance. JBI maximizes each dollar the department
is entitled to receive and ensures that all claims will stand up to federal and state audits.
Implementation:
JBI will strategically work with Fresno County Public Defender’s Office to efficiently and
effectively implement the Title IV-E Legal Representation Claiming processes. The
implementation plan will set the structure and ensure that all requirements are in place and that
all staff are prepared for the program start date.
JBI Implementation Plan Outline:
•Establish Contacts
•Required Documentation Framework
•Time Tracking System Plan Layout
•Program Participation Determinations
•Training Plan Framework
Training:
JBI will provide detailed and focused training to ensure that all participating staff have a
thorough understanding of the Title IV-E Legal Representation Program and their role
surrounding it. Trainings will be provided on-site and via webinar. A detailed training manual
will be provided to all participating staff.
JBI Training Support:
•Program Training
•Time Tracking Training
•Case Plan Training
Time Tracking Requirements:
JBI will utilize a time tracking system to demonstrate and track results for Title IV-E Legal
Representation Claiming purposes. The time tracking system utilized will be determined by the
department.
Exhibit C
2019 Justice Benefits, Inc. Page 2 of 3
Time Tracking System Options:
1.In-House System: Fresno Public Defender’s Office current system will be reviewed,
and modifications will be requested if necessary, to meet state and federal
requirements and guidelines.
2.JBI System: JBI’s Technology Software Solutions offers a tailored Time Tracking
Solution (TTS) that will be customized to meet the department’s needs. JBI’s TTS
will meet state and federal requirements and guidelines.
JBI’s Time Tracking System Support:
•Update and implement any changes on state and federal requirements and guidelines for
Title IV-E Legal Representation Claiming
•Determine Participant List – Quarterly
•Utilize time code requirements set forth by the state agency
•System training for JBI’s Technology Software Solution - TTS, if applicable; On-Site
Trainings and/ or Webinar Trainings
•System update training regarding any modifications made to in-house system for the
purpose of Title IV-E Legal Representation Claiming, if applicable; On-Site Trainings
and/ or Webinar Trainings
•Monitor time tracking system activity on continuous basis for on-going accuracy
•Determine quarterly results for Title IV-E Legal Representation Claiming purposes
•Technical Support
Program Integrity & Accuracy:
JBI will provide Fresno County Public Defender’s Office with comprehensive support for all
Title IV-E Legal Representation Claiming purposes. JBI will develop a Compliance Tool
specifically for Fresno County Public Defender’s Office. Quarterly reviews will provide on-
going insight into claiming practices and claiming participation. Consistent evaluation and
analysis of claiming practices will ensure accurate results.
JBI Program Support:
•Monitor and Update Program Requirements as Needed
•Compliance Reviews
•Compliance Results Communication
•Adaptable Trainings
•Comprehensive Support
Financial Claim Support
Exhibit C
2019 Justice Benefits, Inc. Page 3 of 3
JBI will prepare Fresno County Public Defender’s Office Title IV-E Legal Representation claims
on a quarterly basis. Financial experts will work with department staff to plan and process the
data needed to calculate costs and compile final claims.
JBI Financial Assistance Support:
•Payroll Analysis
•Expenditures Analysis (per 2 CFR 200)
•CWCAP, if applicable
•Final Claim Reporting for Submission
Continued Support:
Optimal claiming results require consistent communication, follow-up, and support. JBI’s
support and services will remain in place throughout each quarter of participation in the Title IV-
E Legal Representation Claiming Process.
JBI On-Going Support:
•Federal and State Legislative Monitoring
•Progress Reporting
•IT Updates
•Documentation and Reports
•Claim Maximization
•Program Expansion Opportunities