10 |
Compliance with laws; payment of Permits/Licenses | ||
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, including, but not limited to, Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, and the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended and attached hereto and incorporated by reference herein as Attachment “I,” which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including, but not limited to, appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. Further, Contractor certifies that the Contractor and all of its subcontractors will adhere to all applicable provisions of Chapter 4.106 of the San Mateo County Ordinance Code, which regulates the use of disposable food service ware. In the event of a conflict between the terms of this agreement and State, Federal, County, or municipal law or regulations, the requirements of the applicable law will take precedence over the requirements set forth in this Agreement. Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance. | |||
11. |
Non-Discrimination and Other Requirements | ||
A. |
Section 504 applies only to Contractor who are providing services to members of the public. Contractor shall comply with § 504 of the Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement. | ||
B. |
General non-discrimination. No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement. | ||
C. |
Equal employment opportunity. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County of San Mateo upon request. | ||
D. |
Violation of Non-discrimination provisions. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to | ||
i) |
termination of this Agreement; | ||
ii) |
disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years; | ||
iii) |
liquidated damages of $2,500 per violation; | ||
iv) |
imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager. | ||
To effectuate the provisions of this section, the County Manager shall have the authority to examine Contractor’s employment records with respect to compliance with this paragraph and/or to set off all or any portion of the amount described in this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and County. | |||
Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint, and a description of the circumstance. Contractor shall provide County with a copy of their response to the Complaint when filed. | |||
E. |
Compliance with Equal Benefits Ordinance. With respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse. | ||
F. |
The Contractor shall comply fully with the non-discrimination requirements required by 41 CFR 60-741.5(a), which is incorporated herein as if fully set forth. | ||
12. |
Compliance with Contractor Employee Jury Service Ordinance | ||
Contractor shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the employees’ regular pay the fees received for jury service. | |||
13. |
Retention of Records, Right to Monitor and Audit | ||
(a) CONTRACTOR shall maintain all required records for three (3) years after the COUNTY makes final payment and all other pending matters are closed, and shall be subject to the examination and/or audit of the County, a Federal grantor agency, and the State of California. (b) Reporting and Record Keeping: CONTRACTOR shall comply with all program and fiscal reporting requirements set forth by appropriate Federal, State and local agencies, and as required by the COUNTY. (c) CONTRACTOR agrees to provide to COUNTY, to any Federal or State department having monitoring or review authority, to COUNTY's authorized representatives, and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed. | |||
14. |
Merger Clause | ||
This Agreement, including the Exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in this body of the agreement conflicts with or is inconsistent with any term, condition, provision, requirement or specification in any exhibit and/or attachment to this agreement, the provisions of this body of the agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties. | |||
15. |
Controlling Law and Venue |
The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or the United States District Court for the Northern District of California. | |
16. |
Notices |
Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when both (1) transmitted via facsimile to the telephone number listed below and (2) either deposited in the United Sates mail, postage prepaid, or when deposited for overnight delivery with an established overnight courier that provides a tracking number showing confirmation of receipt for transmittal, charges prepaid, addressed to: In the case of County, to: 1) San Mateo County Probation Department Rhonda Collins, Program Services Manager 222 Paul Scannell Drive San Mateo, CA 944032 650.312.6230 2) San Mateo County Sheriffs Office Ginger Balkus, Contracts and Agreements Manager 400 County Center Redwood City, CA 94063 650.599.7819 In the case of Contractor, to: 1) Alan Velasquez, Vice- President Western Operations 220 Technology Drive , Suite 200 Irvine, CA 92618 949.453.1550 ext. 2236 | |
In the event that the facsimile transmission is not possible, notice shall be given both by United States mail and an overnight courier as outlined above. |
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands. | |
COUNTY OF SAN MATEO | |
By: | |
Mark Church, President Board of Supervisors | |
Date: | |
ATTEST: | |
By: | |
Clerk of Said Board | |
SENTINEL OFFENDER SERVICES, LLC | |
Alan Velasquez, Vice-President Western Operations | |
Contractor’s Signature | |
Date: | |
Long Form Agreement/Non Business Associate v 8/19/08 |
Exhibit A
Sentinel Offender Services, LLC
Scope of Work
July 1, 2009 through June 30, 2010
I. Description of Services to be Performed by the Contractor
In consideration of the payments set forth in Exhibit “B”, Contractor shall provide the following services. Contractor shall, under the general direction of the Chief of Probation and the Sheriff or their authorized representative, provide services as described below. All payments under this Agreement must directly support services specified in this Agreement.
Contractor will:
A. Provide electronic monitoring services for the operation of the home detention program a.k.a. the Electronic Monitoring Program (EMP) operated by the County of San Mateo Probation and/or Sheriff’s Office. Services provided are specifically designed to determine by electronic means the presence of a person at a specified location (typically that person’s place of residence).
1. Perform data entry and data storage for all properly enrolled participants. The data entry function consists of the input of all required demographic, curfew, and system configuration information on each case into the central host computer system.
2. Maintain twenty-four (24) hour, seven (7) days per week monitoring of participants who are properly enrolled into EMP by Probation and /or Sheriff’s Office.
3. Provide notification of participant alerts to authorized and identified Probation and/or Sheriff’s Office personnel using submitted identifying reference code information.
a) Alert notification violations will be on Attachment 1 of the Notification security option which will be in accordance with the level designated by Probation and/or Sheriff’s Office personnel.
4. Maintain and document each participant’s alert and equipment status information.
5. Maintain an archive for a period of no less than five (5) years from the date of each participant’s completion of the monitoring term.
6. Provide an Account Manager assigned to this account that remains in regular contact with San Mateo County personnel and provides twenty-four (24) hours, seven (7) days per week contact ability to the National Monitoring Center to speak individually with a highly trained monitoring professional.
7. Contractor will provide a full time on-site installer when the County number of EMP hookups totals 100. Contractor will provide cell phone and laptop computer for use by the on-site installer.
8. Keep San Mateo County personnel informed of any monitoring or tracking innovations that are being developed for future use.
9. Provide the best solution for the San Mateo County Probation and Sheriff’s Office electronic monitoring programs. Provide GPS tracking units and monitoring services that meets San Mateo County requirements.
B. Security Notification Levels I, II and III
1. Level I
a. Ability to view the participant’s activity the next business day.
b. Ability to print digital mapping images that display participant’s travel routes.
2. Level II
a. Ability to view the participant’s activity the next business day.
b. Ability to print digital mapping images that display participant’s travel routes.
c. On-demand location identification.
d. Ability to telephone the participant using his/her handset and an emergency beacon.
e. Downloads made to the monitoring system every 4-5 hours showing participants location.
3. Level III
a. Ability to view the participant’s activity the next business day.
b. Ability to print digital mapping images that display participant’s travel routes.
c. On-demand location identification.
d. Ability to telephone the participant using his/her handset and an emergency beacon.
e. Downloads made to the monitoring system every 4-5 hours showing participant’s location.
f. Active supervision 24/7.
g. Immediate notification of any violation or pre-programmed geo-zone fences
4. Probation and/or Sheriff’s Office will select a default notification level for the enrollment of participants.
5. Selection and/or change of Notification Level Option will be made in writing on Contractor’s Agency Level Notification Form by the Probation and/or Sheriff’s Office.
6. Participants will be assigned the Agency Level Notification Option, unless otherwise specified by Probation and/or Sheriff’s Office at the time of enrollment.
II. Services to be Performed by the Contractor for Sheriff’s Department
1. In addition to the notification parameters, contractor will have access to the 486 computer terminal located in the Sheriff’s Office work area. Terminal will have “Real Time” access to the Contractor monitoring database. It may be used to review activity, print reports, change curfew schedule, or send messages to monitoring personnel.
Exhibit B
Sentinel Offender Services, LLC
Payment & Rates
July 1, 2009 through June 30, 2010
In consideration of the services provided by Contractor in Exhibit “A”, County shall pay Contractor based on the following fee schedule unless otherwise specifically authorized by the Chief of Probation and the Sheriff or their authorized representative.
County shall pay contractor in the following manner:
I. Amount and Method of Payment
Item |
Description |
Equipment |
price |
1. |
Radio Frequency Monitoring using landline |
DualTrak RF System (landline HMU and Transmitter) |
$2.61 per unit/per day |
2. |
Radio Frequency Monitoring using Cellular System |
DualTrak Plus RF System (cellular HMU and Transmitter) |
$5.85 per unit/per day |
3. |
GPS Tracking Services (Active Tracking) |
Trackmate GPS Tracking Device (Active Mode) and DualTrak RF System (landline HMU and Transmitter) |
$8.20 per unit/per day |
4. |
GPS Tracking Services (Intermediate Tracking) |
Trackmate GPS Tracking Device (Intermediate Mode) and DualTrak RF System (landline HMU and Transmitter) |
$6.85 per unit/per day |
5. |
GPS Tracking Services (Passive Tracking) |
Trackmate GPS Tracking Device (Passive Mode) and DualTrak RF System (landline HMU and Transmitter) |
$5.05 per unit/per day |
6. |
MEMS3000VB |
Mitsubishi Electronic Monitoring System Remote Breath Alcohol Testing System |
$5.25 per unit/per day |
7. |
Remote Monitoring Services |
CommandTrak Officer Control Unit provided at a rate of 1 per 50 GPS or RF units in service |
No charge |
A. County will pay Contractor at the following rates for the Electronic Monitoring Program during the term of this Agreement. Pricing includes rental of equipment (plus 10 percent spare level), consumable supplies (e.g. straps, batteries, backplates), alarm monitoring and notification, training at Probation and/or Sheriff sites, refresher training, shipping/delivery, use of software, toll-free customer support, and other support services. Prices also include applicable state and federal taxes. Shelf cost of $1.25/day for GPS, Cell RF and MEMS units as although they may not be active on a youth, the cell service plan is still live.
B. Services for Juvenile Probation will be billed separately and sent to the attention Rhonda Collins, Juvenile EMP Program Manager, County of San Mateo Probation Department 222 Paul Scannell Drive, San Mateo, California 94402 (telephone for invoices or billing inquires (650-312-5300).
C. Services for Sheriff’s Office will be billed separately to the attention of Fiscal Services Bureau, County of San Mateo Sheriff’s Office, 400 County Center, Redwood City, CA 94063 (telephone for invoice or billing inquiries
(650 599-1729).
D Contractor shall prepare and submit monthly actual expenditures invoice for payment of services as referenced in Exhibit A above. In any event, the total payment for services shall not exceed ONE HUNDRED FIFITY FIVE THOUSAND DOLLARS ($155,000) for the term of the Agreement.
E. County will give thirty (30) days prior written notice to Contractor of County’s intent to withhold payment.
F. If the County reasonably determines that the circumstances warrant immediate action, County may withhold payment immediately, without the thirty (30) day waiting period, upon County’s written notice with justification to Contractor.
Exhibit C
Sentinel Offender Services, LLC
Program Monitoring
July 1, 2009 through June 30, 2010
Program Monitoring
A. Contractor will be responsible for submitting weekly occupancy report every Monday. This report will list number of clients, level of services and alerts and anything that is relative to EMP. This report can be sent via fax at 650-312-5349 or e-mail at RCollins@co.sanmateo.ca.us to the Contract Monitor.
B. Contractor will submit quarterly occupancy and narrative reports for the FY 2009-10 to the Contract Monitor. Narrative report will show program’s performance. Reports and will be submitted San Mateo County Probation Department, Rhonda Collins, Electronic Monitoring Program Manager, 222 Paul Scannell Drive, San Mateo, CA 94402. Reports are due as follows:
• October 15, 2009
• January 15, 2010
• April 15, 2010
• July 15, 2010.
C. Contractor will prepare and submit to the County’s Electronic Monitoring Program Manager an annual report of actual program costs. This report will be submitted within 90 days after the end of fiscal year (September 30, 2010).
Exhibit D
The undersigned (hereinafter called the "Contractor(s)") hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended, all requirements imposed by the applicable DHHS regulation, and all guidelines and interpretations issued pursuant thereto.
The Contractor(s) gives/give this assurance in consideration of for the purpose of obtaining contracts after the date of this assurance. The Contractor(s) recognizes/recognize and agrees/agree that contracts will be extended in reliance on the representations and agreements made in this assurance. This assurance is binding on the Contractor(s), its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Contractor(s).
The Contractor(s): (Check a or b)
a. Employs fewer than 15 persons.
b. Employs 15 or more persons and, pursuant to section 84.7 (a) of the regulation (45 C.F.R. 84.7 (a), has designated the following person(s) to coordinate its efforts to comply with the DHHS regulation.
Alan Velasquez__________________________
Name of 504 Person - Type or Print
Sentinel Offender Services, LLC____________
Name of Contractor(s) - Type or Print
1120 Technology Drive, Suite 200___________
Street Address or P.O. Box
Irvine, CA 92618________________________
City, State, Zip Code
I certify that the above information is complete and correct to the best of my knowledge.
________________________________________
Signature
________________________________________
Title of Authorized Official
________________________________________
Date
*Exception: DHHS regulations state that:
"If a recipient with fewer than 15 employees finds that, after consultation with a disabled person seeking its services, there is no method of complying with (the facility accessibility regulations) other than making a significant alteration in its existing facilities, the recipient may, as an alternative, refer the handicapped person to other providers of those services that are accessible."
Exhibit E
County of San Mateo
Contractor Name: |
Sentinel Offender Services, LLC |
Phone: |
949-453-1550 |
Contact Person: |
Alan Velasquez, Vice President |
Fax: |
949-453-1554 |
Address: |
220 Technology Drive, Suite 200 Irvine, CA 92618 |
II. EQUAL BENEFITS (check one or more boxes)
Contractors with contracts in excess of $5,000 must treat spouses and domestic partners equally as to employee benefits.
Contractor complies with the County’s Equal Benefits Ordinance by: | ||
offering equal benefits to employees with spouses and employees with domestic partners. | ||
offering a cash equivalent payment to eligible employees in lieu of equal benefits. | ||
Contractor does not comply with the County’s Equal Benefits Ordinance. | ||
Contractor is exempt from this requirement because: | ||
Contractor has no employees, does not provide benefits to employees’ spouses, or the contract is for $5,000 or less. | ||
Contractor is a party to a collective bargaining agreement that began on (date) and expires on (date), and intends to offer equal benefits when said agreement expires. |
Finding(s) of discrimination have been issued against Contractor within the past year by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or other investigative entity. Please see attached sheet of paper explaining the outcome(s) or remedy for the discrimination. | |
No finding of discrimination has been issued in the past year against the Contractor by the Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or any other entity. |
Contractors with original or amended contracts in excess of $100,000 must have and adhere to a written policy that provides its employees living in San Mateo County up to five days regular pay for actual jury service in the County.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind this entity contractually.
______________________________________
Signature Name
_______________________________________
Date Title