HomeMy WebLinkAboutAgreement A-19-381-1 with STOP.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 October, 2020, by and between COUNTY OF FRESNO, a political subdivision of the
State of California, Fresno, California (“COUNTY”), and Satellite Tracking of People, LLC, a Delaware
limited liability company, whose address is 5353 W. Sam Houston Pkwy N., Suite 190, Houston, TX
77041 (“CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement number A-19-381, dated
August 6, 2019 (“Agreement”), pursuant to which CONTRACTOR retroactively agreed to provide
electronic monitoring equipment and services to COUNTY, from January 1, 2019 through December
31, 2020;
WHEREAS, COUNTY has experienced unforeseen costs due to an increase in usage in the
Adult Pre-Trial program, and the addition of Juvenile electronic monitoring to this Agreement in
December 2019;
WHEREAS, COUNTY obtained preferential pricing for the Agreement pursuant to the NASPO
Value Point Master Agreement, Contract N. 00212 – Electronic Monitoring of Offenders (“NASPO
Agreement”);
WHEREAS, the NASPO Agreement has been extended one additional year, which amendment
is attached as Exhibit C, and incorporated by this reference, so an additional year of preferential
pricing is available to the COUNTY, and the COUNTY would like to extend the Agreement for one
year, to take advantage of this continued preferential pricing; and
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
increase the maximum compensation amount, and extend the term of the Agreement through
December 31, 2021.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.Section 3 of the Agreement, located on page 2, lines 8 through 10, is deleted in its
entirety, and replaced with the following:
Agreement No. 19-381-1
20th
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"TERM
The term of this Agreement shall be for a period of three (3) years, retroactively
commencing on January 1, 2019, through and including December 31, 2021."
2.Section 5 of the Agreement, located on page 3, lines 4 through 15, is deleted in its
entirety and replaced with the following:
" COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR, and
CONTRACTOR agrees to receive compensation in accordance with the prices listed in Exhibit A.
CONTRACTOR shall submit monthly invoices in triplicate to the County of Fresno Probation
Department.
In no event shall compensation paid for services performed during the first year of the
term of this Agreement exceed three hundred thousand dollars ($300,000). In no event shall
compensation paid for services performed during the second year of the term of this Agreement
exceed four hundred thousand dollars ($400,000). In no event shall compensation paid for services
performed during the third year of the term of this Agreement exceed four hundred thousand dollars
($400,000). In no event shall compensation paid for services performed under this Agreement exceed
one million one hundred thousand dollars ($1,100,000) during the term of this Agreement. All amounts
previously paid to CONTRACTOR between the period of January 1, 2019 and September 22, 2020, as
well as all amounts paid to CONTRACTOR under the Purchasing Agreement are included in this total
not to exceed amount. All expenses incidental to CONTRACTOR'S performance of services under this
Agreement shall be borne by CONTRACTOR."
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 COUNTY obtained necessary
authorization from the California Department of General Services (DGS), approving the County’s
request to enter into a Participating Addendum with STOP, which authorization is attached as Exhibit
D, and incorporated by this reference.
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
1 in full force and effect.
2 EXECUTED AND EFFECTIVE as of the date first above set forth.
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Gre Utterback, Chief Develo ment Officer
Satellite Tracking of People , LLC .
5353 W . Sam Houston Pkwy N ., Suite 190
Houston , TX 77041
FOR ACCOUNTING USE ONLY :
19 Fund : 0001
20 Subclass : 10000
21 ORG : 34309999
22 Account: 7295
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COUNTY OF FRESNO
~~t, c tat1~an ;r
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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
Satellite Tracking of People, LLC. - Exhibit C
Satellite Tracking of People, LLC. - Exhibit C
Satellite Tracking of People, LLC. - Exhibit D