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FINANCIAL RESOLUTION R-2015-211 PAGE:

FILE NUMBER:

MEETING DATE:

ITEM NUMBER:

BY: 2015 FUND:

The increase (decrease) in anticipated revenue, as follows: Informational

ORG ACCT PROG PR OJ/GR 290511 469990 00000

ORGTOTAL

Informational

ORG ACCT PROG PR OJ/GR

ORGTOTAL

GRAND TOTAL ANTICIPATED REVENUE

The increase (decrease) in appropriations, as follows :

ORG ACCT 290500 610000

ORG ACCT

Informational

PROG PR OJ/GR 00000

ORGTOTAL

lnformaJional

PROG PROJ/GR

ORGTOTAL

GRAND TOTAL APPROPRIATION

1OF2 29095

06/02/2015 99

10000

AMOUNT 88,300.00

$88,300

AMOUNT

$0

$88,300

AMOUNT 88,300.00

$88,300

AMOUNT

$0

$88,300

http://www.acgov.org/board/bos calendar/documents/DocsAgendaReg 06 02 15/Pl

THE FOREGOING was PASSED and ADOPTED by a majority vote of the Alameda County Board of Supervisors this 2"d day of June, 2015, to wit:

AYES: Supervisors Carson, Chan, Miley, Valle & President Haggerty- 5

NOES: None

EXCUSED: None

. !tJtt;(~ PRESID£NT; BOARD OF s=:;:: RS

File: 29095 .;..._~~~~___;;;=-..;~~~~~~~~-

Agenda No_: _____ 9_9 ______________ ~

Document No: R-2015-211F ~~~~~~~~~~~~

v:\agenda\formslresobak.doc

I certify that the foregoing is a correct copy of a Resolution adopted by the Board of Supervisors, Alameda County, State of California

ATTEST: Clerk, Board of Supervisors

By:_·~-----B_ .............. · ____ ~ Deputy ~

RFP No. ___ , Master Contract No ___ , Procurement Contract No. _

SECOND AMENDMENT TO AGREEMENT

This Second Amendment to Agreement ("Second Amendment") is made by the

County of Alameda ("County") and The ACT 1 Group, Inc. dba A TIMS (Advanced

Technology Information Management Systems) ("Contractor") with respect to that certain

agreement entered by them on November 20, 2012 (referred to herein as the "Contract"),

pursuant to which Contractor provides Jail Management System ("JMS") technology and

associated services to County.

County and Contractor agree as follows:

1.

2.

For valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, County and Contractor agree to amend the Agreement in the

following respects. A TIMS will provide the following:

Medical Change Order $62,700.00 A-2 Q/ A Services Through July 1, 2015 $25,600.00

Except as otherwise stated in this Second Amendment, the terms and provisions of

this Amendment will be effective as of the date this Second Amendment is

executed by the County ("Effective Date").

3. The term of the Agreement is currently scheduled to expire on July 31, 2020. Per

Amendment 1, implementation was scheduled to end on February 28, 2015. As of

the Effective Date, implementation is extended through June 30, 2015 (the term

extensions are mutually-agreed upon and no delay penalties apply).

4. In consideration for Contractor's additional services, the County shall pay

Contractor in an additional amount not to exceed Eighty Eight Thousand, Three

Hundred Dollars ($88,300). As a result of these additional services, the not to

exceed amount has increased from Two Million, Seven Hundred and Seventeen

1

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oO () D 0

RFP No. ___ , Master Contract No ___ , Procurement Contract No._

Thousand, One Hundred Seventy Dollars ($2,717,170) to Two Million, Eight

Hundred and Five Thousand, Four Hundred Seventy Dollars ($2,805,470) over the

term of the Agreement and any amendments.

5. A Revised Exhibit B, Payment Terms, is attached to this Amendment.

6. DEBARMENT AND SUSPENSION CERTIFICATION:

a. By signing this Second Amendment and Exhibit D, Debarment and

Suspension Certification, Contractor/Grantee agrees to comply with

applicable federal suspension and debarment regulations, including but not

limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29

CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.

b. By signing this agreement, Contractor certifies to the best of its knowledge

and belief, that it and its principals:

( 1) Are not presently debarred, suspended, proposed for debarment,

declared ineligible, or voluntary excluded by any federal department

or agency;

(2) Shall not knowingly enter into any covered transaction with a person

who is proposed for debarment under federal regulations, debarred,

suspended, declared ineligible, or voluntarily excluded from

participation in such transaction.

7. Except as expressly modified by this Second Amendment, all of the terms and

conditions of the Contract are and remain in full force and effect.

2

RFP No. ___ , Master Contract No. ___ , Procurement Contract No._

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement as of the day and year first above written.

ALAMEDA COUNTY SHERIFF'S OFFICE

By: ~~ 87at\lre

Name:~odt; J'. AL.u.., · ted)

Title: Ske.rl ·rt

Date: s/:ur COUNTY OF ALAMEDA, CALIFORNIA

By:S~~~ Title: President, Board of Supervisors

Date: c12 \ Y \ l 5"' (

APPROVED AS TO FORM: Donna E. Ziegler County Counsel for

By: -----='--~4--.--+--1-1-....:::o...1....__...,,,,,;;;__ L. David o Deputy County Counsel

3

THE ACT 1 GROUP, INC. DBA ATIMS

By: 1t~Nl* Signature

Name: IJ 4-fJ()j l-+ L- t+c...Jf::iJ!?JL/ (Printed)

Title: DI t/ { 5 ( 0 A.) p Res I oBAJ/

By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

RFP No. ____ , Master Contract No ___ , Procurement Contract No.

REVISED EXHIBIT B PAYMENT TERMS

1. Except as expressly modified by this Exhibit B, all of the terms and conditions of the original Exhibit B - Payment Terms are and remain in full force and effect.

2. County will pay Contractor upon successful completion and acceptance of the following services listed below, within thirty (30) days, upon receipt of invoice.

Milestone 1. Project Kickoff (SOW Task #1) 2. Base Software Installation (SOW Task #2) 3. Data Conversion (Timeline Task #6) 4. Completion ot: Third Party Interfaces (SOW Task #4) 5. Change Order Data Exchange A-2 Kickoff 6. Interface Testing Completion (SOW Task #7) 7. Interface Testing Completion for CO Data Exchange A-2 8. Completion of Training (SOW Task #8) 9. Final Acceptance and Go Live (SOW Task #10)

Payment Amount $333,476 $333,476 $333,476 $382,616 $255,077 $413,965 $204,061 $158,888 $261 ,335

Total $2,676,370

Payments 1 - 5 have already been made, and are not affected by the Amendment. $31,350 added to Milestone Payments 6 and 9 (for the medical change order).

3. Invoices will be approved by the County, per the terms contained in the Agreement.

4. Total payment under the terms of this Agreement will not exceed the total amount of Two Million, Eight Hundred and Five Thousand, Four Hundred Seventy Dollars ($2,805,470). This cost includes all taxes and all other charges.

RFP No. ____ , Master Contract No ___ , Procurement Contract No. _

EXHIBITC

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named or unnamed subcontractor:

• Is not currently under suspension, debarment, voluntary exclusion, or

determination of ineligibility by any federal agency;

• Has not been suspended, debarred, voluntarily excluded or determined ineligible by

any federal agency within the past three years;

• Does not have a proposed debarment pending; and

• Has not been indicted, convicted, or had a civil judgment rendered against it by a

court of competent jurisdiction in any matter involving fraud or official misconduct

within the past three years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessary result in denial of award, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.

CONTRACTOR: 1f+ £- A- L ,- '::J- &-eo V p ol b a A-r 1 US

TITLE: i7 l v . p fles I

PRINCIPAL: AJ{}A} CLf L14~AJ lblf

SIGNATURE: 1/.fVvl~ ~ DATE: L// 3o / 1S-----,-----i -----

RFP No. Master Contract No , Procurement Contract No. _ __ _, ---

EXHIBITD

COUNTY OF ALAMEDA CONTRACT COMPLIANCE REPORTING REQUIREMENTS

Upon receipt of signed amendment, prime contractor shall, even if not required in the original contract and any subsequent amendments, immediately enter/assign subcontractors in the System, confirm payments received from the County within 5 business days in the System, immediately enter payments made to subcontractors and ensure that subcontractors confirm they received payments within 5 business days in the System. Subcontractors shall confirm their payments received from the prime contractor within 5 business days in the System.

Alameda County Contract Compliance System training and ongoing support are provided at no charge to contractors and participating sub-contractors awarded a County contract. Contractors having contracts with the County should schedule a representative from their office/company, along with each of their subcontractors, to attend training. The training schedule may be viewed online at http://www.elationsys.com/elationsys/support 1.htm or call Elation Systems at (510) 764-1870. A special access code will be provided to contractors and subcontractors participating in this contract to allow use of the System free of charge.

It is the Contractor' s responsibility to ensure that they and their subcontractors are registered and trained as required to utilize the Alameda County Contract Compliance System. Training sessions are approximately one hour and will be held periodically in a number of locations throughout Alameda County.