EXHIBIT 6.2
Agreement for the Provision of
Supervised Electronic Confinement
Program Services
September 1, 1996
CHANGE NOTICE No. 2
1. COUNTY and CONTRACTOR mutually agree to amend Part III of this Contract
to add Section 46.0 entitled "Enforcement of Child Support Obligations"
to read as follows:
"In order to comply with child support enforcement
requirements of the County Of Orange, CONTRACTOR shall furnish
to the ADMINISTRATOR within thirty (30) days of the award, or
renewal, of this Contract:
(a) in the case of an individual CONTRACTOR, his/her name,
date of birth, Social Security number, and residence address;
(b) in the case of a CONTRACTOR doing business in a form other
than as an individual, the name, date of birth, Social
Security number and residence of each individual who owns an
interest of 10 percent or more in p. the contracting entity;
(b) a certification that the CONTRACTOR has fully complied
with all applicable federal and State reporting requirements
regarding its employees;
(c) a certification that the CONTRACTOR has fully complied
with all lawfully served Wage and Earnings Assignment Orders
and Notices of Assignment and will continue to so comply.
The failure of the CONTRACTOR to timely submit the data or
Certifications required by Subsections (a), (b), (c) or (d),
or to comply with all lawfully served Wage and Earnings
Assignment Orders and Notices of Assignment shall constitute a
material breach of the Contract, and failure to cure such
breach within 60 calendar days of notice from the COUNTY shall
constitute grounds for termination of the Contract.
It is expressly understood that this data will be transmitted
to governmental agencies charged with the establishment and
enforcement of child support orders, and for no other purpose.
Agreement for the Provision of
Supervised Electronic Confinement
Program Services
September 1, 1996
CHANGE NOTICE No. 1
COUNTY and CONTRACTOR mutually agree to amend the nineteenth paragraph
of Part 111, Section 5.1.5 of this Contract, to read as follows:
"Provide notification of all non-emergent tampers, equipment
malfunctions, curfew violations, participant's early returns
and other inconsistencies or violations of the schedules or
rules established for the participants, to the ADMINISTRATOR
on the following calendar day by 10:00 a.m., Pacific Time,
along with a recommendation for continuance on program or
removal."
In that this change does not materially affect the scope of work required under
the Contract, the ADMINISTRATOR is authorized to prepare and sign this Change
Notice pursuant to Section 26.1 of Part III, Section, 26.0 entitled "Changes and
Amendments of Terms" of this Contract.
All other terms and conditions of this Contract shall remain in full force and
effect.
BY: Dated: 3/7/97
ADMINISTRATOR
BY Dated: 2/3/97
Project Manager
SENTENCING CONCEPTS, INC.
FROM OC PROBATION 15:12 i4o, P.2
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND
SENTENCING CONCEPTS, INC.
FOR THE PROVISION OF
SUPERVISED ELECTRONIC CONFINEMENT PROGRAM SERVICES
THIS AGREEMENT entered into this first day of September, 1996, which
date is enumerated for purposes of reference only, is by and between the County
of orange, a political subdivision of the State of California, hereinafter
referred to as "COUNTY" and SENTENCING CONCEPTS, INC., a corporation,
hereinafter referred to as "CONTRACTOR". This Agreement shall be administered by
the County of Orange Correctional Administrator, hereinafter referred to as
"ADMINISTRATOR".
WITNESSETH:
WHEREAS, COUNTY, through its Chief Probation Officer, is required by
various State laws to supervise persons placed on probation; and
WHEREAS, the orange County Board of Supervisors, pursuant to Resolution
No. 89-425. has designated the Chief Probation Officer as the County
Correctional Administrator; and
WHEREAS, the Chief Probation Officer, as the County Correctional
Administrator, is authorized under California Penal Code Sections 1203.016,
1208.2, 1208.3, 1208.5 and 2900.5 to contract with public or private agencies or
entities for the provision of supervised electronic confinement /home detention
services to adult, minimum security inmates and low risk offenders, committed to
a county jail or other county correctional facility, or granted probation, or
inmates participating in a work furlough program; and
WHEREAS, CONTRACTOR is duly qualified to engage in the' business of
providing Supervised Electronic: Confinement (SEC) Program services and warrants
that it possesses the competence, expertise and personnel necessary to provide
such services; and
WHEREAS, CONTRACTOR is agreeable to the rendering of such services on
the terms and conditions hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
FROM OC PROBATION 03.27.1997 15:17 No. 8 P. 4
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
MINUTES
AUGUST 20,1996
APPROVAL OF AGREEMENTS WITH SENTINEL MONITORING CORPORATION
GENERAL SECURITY SERVICES CORPORATION AND SENTENCING CONCEPTS INC. FOR THE
PROVISION OF SUPERVISED ELECTRONIC CONFINEMENT PROGRAM SERVICES: Probation
Department requests approval of Agreements with Sentinel Monitoring Corporation,
General Security Services Corporation and Sentencing g Concepts, Inc., for the
provision of supervised electronic confinement to low risk adult offenders.
MOTION On motion by Supervisor Xxxxxxxx, seconded by Supervisor Xxxxxxx, the
Board authorized the Chairman of the Board and the Chief Probation Officer to
execute the Agreements with Sentinel Monitoring Corporation, General Security
Services Corporation, and Sentencing Concepts, Inc., for the provision of
Supervised Electronic Confinement to low risk adult offenders for a period of
one year, September 1, 1996 through August .3 1, 1997, renewable for up to four
additional years. MOTION UNANIMOUSLY CARRIED
ITEM NO. 15
FILE 16651
i
AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND
SENTENCING CONCEPTS, INC.
FOR THE PROVISION OF
SUPERVISED ELECTRONIC CONFINEMENT PROGRAM SERVICES
THIS AGREEMENT entered into this first day of September, 1996, which
date is enumerated for purposes of reference only, is by and between the County
of Orange, a political subdivision of the State of California, hereinafter
referred to as "COUNTY" and SENTENCING CONCEPTS, INC., a corporation,
hereinafter referred to as "CONTRACTOR". This Agreement shall be administered by
the County of orange Correctional Administrator, hereinafter referred to as
"ADMINISTRATOR".
WITNESSETH:
WHEREAS, COUNTY, through its Chief Probation Officer, is required by
various State laws to supervise persons placed on probation; and
WHEREAS, the Orange County Board of Supervisors, pursuant to Resolution
No. 89-425, has designated the Chief Probation Officer as the County
Correctional Administrator; and
WHEREAS, the Chief Probation Officer, as the County Correctional
Administrator, is authorized under California Penal Code Sections 1203.016,
1208.2, 1208.3, 1208.5 and 2900.5 to contract with public or private agencies or
entities for the provision of supervised electronic confinement/home detention
services to adult, minimum security inmates and low risk offenders, committed to
a County jail or other county correctional facility, or granted probation, or
inmates participating in a work furlough program; and
WHEREAS, CONTRACTOR is duly qualified to engage in the business of
providing Supervised Electronic Confinement (SEC) Program services and warrants
that it possesses the competence, expertise and personnel necessary to provide
such services; and
WHEREAS, CONTRACTOR is agreeable to the rendering of such services on
the terms and conditions hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
II. TABLE OF CONTENTS
PART PAGE
I. TITLE PAGE
II. TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . .
III. TERMS AND CONDITIONS. . . . . . . . . . . . . . . . . .
1.0 Term . . . . . . . . . . . . . . . . . . . . . . . 4
2.0 Contract Payments. . . . . . . . . . . . . . . . . 4
3.0 Payment/Statement. . . . . . . . . . . . . . . . . 4
4.0 Definitions. . . . . . . . . . . . . . . . . . . . 5
5.0 Scope of Work. . . . . . . . . . . . . . . . . . . 9
6.0 Personnel . . . . . . . . . . .. . . . . . . . . . 21
7.0 Quality Control. . . . . . . . . . . . . . . . . . 25
8.0 Quality Assurance. . . . . . . . . . . . . . . . . 26
9.0 Hours of Operation . . . . . . . . . . . . . . . . 27
10.0 County Furnished Property/Equipment. . . . . . . . 27
11.0 Contractor Furnished Items . . . . . . . . . . . . 27
12.0 Work Outside Scope of Contract . . . . . . . . . . 27
13.0 Disputes . . . . . . . . . . . . . . . . . . . . . 27
14.0 Tax Liability Limitation . . . . . . . . . . . . . 28
15.0 Termination for Convenience of the County. . . . . 28
16.0 Termination for Convenience of Contractor. . . . . 29
17.0 Termination for Default of Contractor. . . . . . . 29
18.0 Default for Insolvency . . . . . . . . . . . . . . 30
19.0 Independent Contractor Status. . . . . . . . . . . 30
20.0 Subcontracting . . . . . . . . . . . . . . . . . . 31
21.0 Indemnification. . . . . . . . . . . . . . . . . . 31
22.0 Insurance. . . . . . . . . . . . . . . . . . . . . 32
23.0 Covenant Against Contingent Fees . . . . . . . . . 33
24.0 Governing Laws . . . . . . . . . . . . . . . . . . 33
25.0 Compliance With Laws . . . . . . . . . . . . . . . 34
26.0 Changes and Amendments of Terms. . . . . . . . . . 34
27.0 Assignment . . . . . . . . . . . . . . . . . . . . 35
28.0 Gratuities . . . . . . . . . . . . . . . . . . . . 35
29.0 Record Retention and Inspection. . . . . . . . . . 35
30.0 Audit. . . . . . . . . . . . . . . . . . . . . . . 35
31.0 Publicity. . . . . . . . . . . . . . . . . . . . . 35
32.0 Notice of Delays . . . . . . . . . . . . . . . . . 36
33.0 Validity . . . . . . . . . . . . . . . . . . . . . 36
34.0 Waiver . . . . . . . . . . . . . . . . . . . . . . 36
35.0 Notices. . . . . . . . . . . . . . . . . . . . . . 36
36.0 Immigration Control Reform 1 Act of 1986 . . . . . 37
37.0 Assurance of Compliance with Civil Rights Laws . . 37
38.0 Nondiscrimination in Employment. . . . . . . . . . 37
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TABLE OF CONTENTS
PART PAGE
III. TERMS AND CONDITIONS (Continued)
39.0 Conflict of Interest . . . . . . . . . . . . . . . 39
40.0 Assurance of Compliance with The Americans with
Disabilities Act . . . . . . . . . . . . . . . . . 39
41.0 Confidentiality. . . . . . . . . . . . . . . . . . 39
42.0 Contingent Funding . . . . . . . . . . . . . . . . 40
43.0 Authorization Warranty . . . . . . . . . . . . . . 40
44.0 Merger . . . . . . . . . . . . . . . . . . . . . . 40
45.0 Entire Agreement . . . . . . . . . . . . . . . . . 40
IV. SIGNATURE PAGE . . . . . . . . . . . . . . . . . . . . . . . 40
V. TECHNICAL EXHIBITS. . . . . . . . . . . . . . . . . . . . . .
Exhibit 1.0 - Performance Requirements Summary. . . . .
Exhibit 2.0 - Confidentiality of XXXX Information . . .
Exhibit 3.0 - Employee Acknowledgement of Employer. . .
Exhibit 4.0 - County Fee. . . . . . . . . . . . . . . .
Exhibit 5.0 - SEC Rules and Regulation. . . . . . . . .
Exhibit 6.0 - Program Fees. . . . . . . . . . . . . . .
Exhibit 7.0 - Certificate of Compliance With Orange
County Conflict of Interest Policy. . .
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PART III. TERMS AND CONDITIONS
1.0 TERM
Subject to the termination. provisions set forth in Sections 15.0, 16.0, 17.0,
18.0, 20.0, 22.0, 23.0, 28.0, 38.0, and 42.0 herein, the term of this Contract
shall be for a twelve (12) month period commencing on September 1, 1996,
following approval thereof by the Orange County Board of Supervisors. This
Contract may be extended upon mutual agreement between ADMINISTRATOR and
CONTRACTOR for up to four (4) additional twelve (12) month periods, with a total
service period. not to exceed five (5) years.
The term of the Contract may also be extended beyond the. stated five (5) year
expiration date on a month-to-month basis, for a period of time not to exceed
six (6) months., upon written request of ADMINISTRATOR and the written
concurrence of CONTRACTOR. All terms of the Contract in effect at the time of
extending the term shall remain in effect for the duration of the extension.
2.0 CONTRACT PAYMENTS
2.1 The Contract payments set forth in Exhibit 4.0, attached hereto and
incorporated herein by reference, and Sections 2.4 and 6.6.4 will be the total
monetary amount payable by CONTRACTOR to COUNTY for COUNTY costs.
2.2 CONTRACTOR guarantees that there will be no direct costs incurred
by the COUNTY due to operation of this program including Probation Department
staffing costs.
2.3 During the first sixty (60) days of the Contract period, the
monthly fee referenced in Exhibit 4.0 will be waived by COUNTY, in order to
allow an initial start up period of referrals to CONTRACTOR. With the exception
of Section 2.4, the first payment required of CONTRACTOR shall be due November
30, 1996, for the month of November, 1996.
2.4 CONTRACTOR shall pay COUNTY by November 1, 1996, an. amount equal to the
payment referenced in Section 4.1 of Exhibit 4.0 as a deposit against the
final non-refundable monthly fee.
3.0 PAYMENT/STATEMENT
CONTRACTOR shall pay COUNTY monthly in arrears the County fee referenced in
Section 2.0, above, and set 'forth in Exhibit 4.0, within 15 days after receipt
of a COUNTY invoice. All payments shall be by check or draft issued and payable
and mailed to:
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Orange County Probation Department
P.O. Box 10178
Santa Ana, CA 92711
Attention: Orange County Correctional Administrator
Supervised Electronic Confinement Program
CONTRACTOR shall prepare monthly statements, which shall include the number of
referrals, fees charged, and monthly gross receipts. All statements shall be
submitted by the fifteenth (15) calendar day of the month and mailed to:
Orange County Probation Department
P.O. Box 10260 Santa Ana, CA 92711
Attention: Orange County Correctional Administrator
Supervised Electronic Confinement 'Program
4.0 DEFINITIONS
4.1 Ability to Pay - As used herein, the term "ability to pay" shall
mean the overall capability of the person to reimburse the costs, or a portion
of the costs, of providing program services and shall include, but shall not be
limited to, consideration of all of the following factors.
4.1.1 Present financial position including current income,
assets, and debt;
4.1.2 Reasonably discernible future financial position. In no
event shall the CONTRACTOR consider a period of more than ' six (6)
months from the date of acceptance into the program f or purposes of
determining reasonably discernible future financial position;
4.1.3 Likelihood that the person shall be able to obtain
employment within the six (6) month period from the date of acceptance
into the program; and
4.1.4 Any other factor that may bear upon the person's
financial capability to reimburse the CONTRACTOR for the cost of the
program. This shall include the person's estate and spousal income.
4.2 Abscond - As used herein, the term "abscond" shall mean a violation
of curfew guidelines and inability to be electronically monitored for more than
four (4) hours.
4.3 Assessment - As used herein, the term "assessment" shall refer to
an evaluation of a defendant by the ADMINISTRATOR or his designee to determine
suitability for participation in the Supervised Electronic Confinement Program,
hereinafter referred to as "SEC".
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4.4 BAT - As used herein, the term "BAT" shall mean a breath alcohol
testing device approved by the Department of Transportation.
4.5 Case Manager - As used herein, the term "Case Manager" ,shall mean
an employee of the CONTRACTOR whose responsibility it is to provide the highest
level of service to the Courts and to ensure community safety. A case manager's
duties shall include, but are not limited to, providing the participant with
program rules and regulations; assessing participant's ability to pay program
fees; ongoing monitoring and documenting the participants' compliance, or lack
thereof, with court orders; rip-porting incidents of non-compliance and other
reports as described in the SEC Rules and Regulations to the appropriate
authorities.
4.6 Contract Discrepancy Report (CDR) - As used herein, the term
"Contract Discrepancy Report" shall mean a report prepared by the ADMINISTRATOR,
or his designee, to inform the - CONTRACTOR of faulty service. A CDR requires a
response from the CONTRACTOR within ten (10) days from date of receipt, or as
otherwise specified by the ADMINISTRATOR, explaining the problem, outlining the
remedial action being taken to resolve the problem and how recurrence -of the
problem will be prevented.
4.7 Curfew - As used herein, the term "Curfew" shall mean the hours
during which a participant is required to be at the designated place of
confinement, within range of the monitoring receiver.
4.8 Days - As used herein, the term "Days" shall mean calendar days,
not business or working days.
4.9 Enrollment - As used herein, the term "Enrollment." shall mean the
process of instructing a participant in the SEC Rules and Regulations, assessing
fees, obtaining participant's signature on the CONTRACTOR'S individual
enrollment agreement, attaching transmitter to the .participant and installing
the equipment in the participant's home. Enrollment is not complete until a
successful "transmit" message is received for the equipment in the participant's
home by the CONTRACTOR'S Monitoring center.
4.10 Financial Assessment - As used herein, the term "Financial
Assessment" shall mean completing the form designed and provided by CONTRACTOR,
and previously approved by COUNTY, which determines the participant's ability to
pay those program fees as set forth in Exhibit 6.0, attached hereto and
incorporated herein by reference.
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4.11 Hook-up - As used herein, the term "Hook-up" shall refer to that
part of the enrollment process wherein the transmitter is fitted to the
participant.
4.12 Hours - As used herein, the term "Hours" shall mean -sequential 60
minute time frames.
4.13 Indigent Offenders - As used herein, the term "Indigent Offenders"
shall refer to those program participants who, after a financial assessment, are
found to be unable to pay any program fees and, therefore, qualify for program
participation at no fee.
4.14 Installation - As used herein, the term "Installation" shall refer
to that part of the enrollment process where the monitoring equipment is
installed in the participant's home by an authorized employee of the CONTRACTOR,
equipment switched on and successful transmit message received by CONTRACTOR'S
monitoring center.
4.15 Low-Risk offender - As used herein, the term "Low-Risk Offender"
shall mean a probationer, as defined by the National Institute of Corrections
Model Probation System; Which would include an individual whose criminal. record
including the offense for which he has been referred to the SEC program,
reflects no history of violence, drug sales or child molestation; or a work
furlough inmate found suitable to participate in the SEC program.
4.16 Mandatory Terms - As used herein, the terms "must" and "will" in
this document are synonymous with "shall" and "mandatory".
4.17 Minimum Security Inmate - As used herein, the term "Minimum
Security Inmate" shall mean an inmate who by established local classification
criteria, would be eligible for placement in a Type IV local detention facility,
as described in Title 15 of the California Code of Regulations, or for placement
into the community for work or school activities, or who is determined to be a
minimum security risk under a classification plan developed pursuant to Section
1050 of Title 15 of the California Code of Regulations.
4.18 Orientation - As used herein, the term "Orientation" shall , refer
to that part of the enrollment process where the participant is instructed in
the program guidelines, a fee assessment is completed, participant signs
required
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documents to be accepted into the program, and arrangements are made for the
installation of the monitoring equipment.
4.19 Rules and Regulations- As used herein, the term "Rules and
Regulations" shall mean the Rules and Regulations, including the terms and
conditions, of the SEC program, as approved and adopted by the Board of
Supervisors, pursuant to California Penal Code Section 1203.016, and as set
forth in Exhibit 5.0, attached hereto and incorporated herein.
4.20 Subcontractor - As used herein, the use of the term
"Subcontractor" shall mean any person, entity, or organization to which the
CONTRACTOR has delegated any of its obligations hereunder.
4.21 System - As used herein, the term "System" shall mean all
hardware, software, services and documentation (including all enhancement
thereto), developed for the COUNTY's Supervised Electronic Confinement Program.
4.22 Tamper Alarm - As used herein, the term "Tamper Alarm" shall mean
the ability of the monitoring equipment installed in the participant's
designated place of confinement to notify the central station of any equipment
interference.
4.23 SEC Program - As used herein the term "SEC program" shall be
synonymous with the term "home detention program." The SEC program shall be
operated in accordance with the provisions of California Penal Code Section
1203.016. Those individuals desiring consideration for participation in the SEC
program in orange County must be evaluated by the ADMINISTRATOR for program
eligibility/suitability. Further, the ADMINISTRATOR "shall have the sole
discretionary authority to permit program participation as an alternative to
physical custody" pursuant to Penal Code .Section 1203.016(d)(2).
Given the State Legislature's intent that "home detention programs
established under this section maintain the highest public confidence,
credibility, and public safety, 11 "no public or private agency or entity may
operate a home detention program in any county without a written contract with
that county's correctional administrator" pursuant to .Penal Code Section
1203.016(j)(2). Accordingly, no public or private agency or entity may operate a
SEC program in Orange County without a written contract with the ADMINISTRATOR.
The population of the SEC program in Orange County shall be limited to
"minimum security inmates and low-risk offenders committed to a county jail or
other county correctional facility or granted probation, or inmates
participating in
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a work furlough program" pursuant to Penal Section 1203.'016 (a).
Individuals not sentenced by the courts or not, granted probation
(formal, summary, relief of supervision, or informal), shall not be eligible for
participation in the SEC program and therefore shall not be under the auspices
of the ADMINISTRATOR. Consequently, electronic monitoring programs associated
with civil restraining orders, bail release of non-probationers, or electronic
monitoring for individuals not convicted of a crime shall not be within the
purview of the ADMINISTRATOR'S oversight.
5.0 SCOPE OF WORK
CONTRACTOR RESPONSIBILITIES
5.1 General
5.1.1 CONTRACTOR shall provide full electronic monitoring/home
detention services (including, but not limited to, orientation, enrollment,
consultation, monitoring, specified equipment,. installation, notification,
documentation and support services) for Court sentenced participants on a daily
twenty-four (24) hour continuous basis.
5.1.2 For purposes of this Contract, the term "consultation" shall be
interpreted to include: (1) the CONTRACTOR sharing with the COUNTY information
relating to research findings and new developments in the electronic monitoring
industry; and (2) meeting, in person, with the program participant as described
in Sections 5.1.5 and.5.1.6.4.
5.1.3 CONTRACTOR shall be responsible for the daily twenty-four (24)
hour continuous electronic monitoring of program participants. CONTRACTOR will
be expected to provide: (1) a means of verifying all departures from and returns
to the place of confinement; and ' (2) notification to the ADMINISTRATOR or his
designee, of the probable violation of the sentencing conditions. within the
time limits established in this Contract.
Notification shall include, but not be limited to, name, case number and
offense, court and judge, with date and description of incident. Since any
violation of compliance may have a
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negative consequence for the program participant the monitoring systems
provided by CONTRACTOR must have a very high degree of Reliability and
dependability.
5.1.4 The following are mandatory equipment and system requirements:
Receiver must be equipped with a minimum twelve (12) hour battery
back-up.
Receiver must be sealed and tamper resistant
Transmitter attached to the participant will be as inconspicuous as
possible.
Transmitter battery must have a minimum life expectancy of one (1) year
at the time of installation.
Transmitter and strap must both be equipped with tamper alarm.
Transmitter must be waterproof and hypoallergenic.
Transmitter attached to program participant will have a non-erasable
program identification marking which will identify the CONTRACTOR and
give a central telephone number.
Equipment must be simple in design, cost effective and insured.
All monitoring activity from equipment at participant's residence shall
be reported to CONTRACTOR'S monitoring center through a toll free
(1-800) telephone line.
Monitoring system software must be password protected.
Monitoring system must have flexible curfew scheduling capability tot
accommodate work/school schedules, counseling, medical, and other
authorized appointments.
Monitoring system must provide for selective pager calls and
twenty-four (24) hour pager alert for case managers.
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Monitoring system must provide expansion capability.
Monitoring system must provide custom event printouts; e.g., curfew
violations, tampers and loss of service.
A routine radio frequency (RF) check must be performed automatically a
minimum of every four (4) hours to verify that the electronic
monitoring equipment is performing to specifications.
In the event CONTRACTOR learns of the development of new, improved
equipment or procedures, which COUNTY feels would be beneficial,
CONTRACTOR agrees to field test, on a pilot basis, at the request of
COUNTY, improved equipment or procedures.
5.1.5 CONTRACTOR shall comply with the SEC Rules and Regulations, attached
hereto as Exhibit 5. 0 and incorporated herein by reference, to assist
in completing the required functions of the Supervised Electronic
Confinement Program as approved by COUNTY.' CONTRACTOR will provide and
document the following support services:
Enroll program participants by the date specified by the
ADMINISTRATOR or his designee.
Provide program participants with written program Rules and
Regulations, participant complaint procedures, and equipment
instructions at the time of enrollment.
Obtain program participant's written consent to participate in
the program and to comply with the Rules and Regulations of
the program at the time of enrollment. This shall be
accomplished by obtaining participant's signature on the form
entitled "Terms and Conditions For Supervised Electronic
Confinement," as set forth in Exhibit 5.0, attached hereto and
incorporated herein by reference.
Complete a written financial assessment during program
orientation to determine the fees that the individual must pay
for program services. Fee establishment will be in accordance
with Exhibit 6.0, and will include the review of income,
available assets debt, and other pertinent financial data,
including spousal income.
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CONTRACTOR shall set the amount, frequency and method of
payment of fees for participation in the SEC program based on
ability to pay, and shall modify or suspend fee obligations *
based on any subsequent change of circumstances.
CONTRACTOR shall implement the established sliding fee scale
to determine the daily program fee based on the participant's
ability to pay in accordance with Exhibit 6.0, entitled "Daily
Program Fees Supervised Electronic Confinement Program"
attached hereto and incorporated herein by reference.
In accordance with Penal Code Section 1208.2(g) CONTRACTOR
SPECIFICALLY ACKNOWLEDGES THAT NO OFFENDER SHALL 13E DENIED
CONSIDERATION FOR, OR BE REMOVED FROM, PARTICIPATION IN THE
SEC PROGRAM BECAUSE OF AN INABILITY TO PAY PROGRAM FEES.
CONTRACTOR FURTHER ACKNOWLEDGES THAT IT MUST INCLUDE PROVISION
OF SERVICE TO INDIGENT OFFENDERS.
In the event of any dispute as to the amount, frequency or
method of payment of fees, CONTRACTOR shall refer the matter
to the ADMINISTRATOR to resolve any fee disputes.
If the participant and the ADMINISTRATOR, or his designee, are
unable to come to an agreement regarding the participant, s
ability to pay, as to amount, frequency or method of payment
of fees, the ADMINISTRATOR shall so advise the appropriate
Court, which shall then resolve any fee disputes pursuant to
California Penal Code Section 1208.2(h).
In accordance with Penal Code Section 1208.2 (f) , CONTRACTOR
acknowledges that the ADMINISTRATOR, or his designee, shall
have the option to waive the program. fees when deemed
necessary, justified, or in the interests of justice. The
program fees may be modified or waived at any time 'based on
the changing financial position of the participant.
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Once an agreement to pay a specified amount has been reached
with the participant, obtain participant's signature on a fee,
agreement form, which specifies the amount and frequency of
payment.
CONTRACTOR acknowledges that at any time during a
participant's sentence, the participant may request the
ADMINISTRATOR, or his designee, to modify or suspend the
payment of fees based on a change of circumstances regarding
ability to pay under Penal Code Section 1208.2(g).
If participant willfully fails to pay program fees after
signing a fee agreement, and has not requested a fee reduction
evaluation, CONTRACTOR may seek to remove the participant from
the SEC program by providing notification to the
ADMINISTRATOR. The ADMINISTRATOR, if unable to obtain,
compliance from the participant, may, without further order of
the Court, immediately retake the participant into custody to
serve the balance of his or her sentence pursuant to Penal
Code Section 1203.016(b).
CONTRACTOR shall specifically comply with the provisions of
California Penal Code Section 1208.2 relating to fee
collection. CONTRACTOR shall be responsible for the collection
of all fees from the participant, and shall not be required to
deposit fees directly into the COUNTY general fund.
Establish and maintain participant case files in compliance
with Probation Department's SEC Rules and Regulations, Exhibit
5.0, attached hereto and incorporated herein by reference.
Assign and install active monitoring equipment, utilizing a
random contact backup system, to all participants within
timelines established by the ADMINISTRATOR.. All equipment
utilized must be pre-approved by the ADMINISTRATOR. In
accordance with California Penal Code Section 1203.016(b),
CONTRACTOR and COUNTY agree that such equipment shall not be
used to eavesdrop or record any telephone conversations.
Monitor participant's adherence to the Supervised Electronic
Confinement Program
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Rules and Regulations and report compliance and noncompliance
to the ADMINISTRATOR as described in Probation Department's
SEC Rules and Regulations. CONTRACTOR' S FAILURE TO REPORT
AND/OR DOCUMENT ACCURATELY EACH INCIDENT OF NONCOMPLIANCE BY A
PARTICIPANT, AS REQUIRED BY SEC RULES AND REGULATIONS, SHALL
BE CONSIDERED A MATERIAL BREACH OF THIS CONTRACT.
Provide notification of all non-emergent tampers, equipment
malfunctions, curfew violations, participant's early returns
and other inconsistencies or violations of the schedules or
rules established for the participants, to the ADMINISTRATOR
on the following calendar day by 7:30 a.m., Pacific Time,
along with a recommendation for continuance on program or
removal.
Notify the ADMINISTRATOR immediately, within one hour, of any
emergency situation, including evidence that the participant
has absconded, the steps taken to ensure the health and safety
of the participants and the public, and take such action as
deemed necessary by the ADMINISTRATOR.
Track and report participant's adherence to other conditions
of probation or orders of the court, which will include, but
not be limited to, counseling, drug/alcohol testing and
required education.
Maintain complete and accurate records regarding:
CONTRACTOR'S program expense and income information.
Participant orientation, enrollment, financial
assessment and payment information.
Participant compliance or lack of compliance.
Staff training.
Assignment, installation, replacement, and removal of
participant's electronic monitoring equipment.
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Electronic monitoring equipment inventory and
maintenance service of each piece of equipment.
All information as required in the Probation
Department's SEC Rules and Regulations.
Provide staff to install and remove equipment within
established time frames as described in Section 5.1.5.
Provide repair and/or replacement of equipment within
twenty-four (24) hours of discovery of a malfunction. Provide
a plan for monitoring the participant during period of time
equipment is not functioning properly; place documented
telephone calls to the participant every two (2) hours until
equipment is repaired or replaced.
Provide documented telephonic response to tamper alarms within
five (5) minutes of occurrence. After initial contact, place
documented telephone calls to the participant every two (2)
hours until tamper is reset or transmitter replaced.
Replacement, if necessary, must occur within twenty-four (24)
hours of initial tamper alarm.. Replacements, repairs and
resets must be documented.
Provide consultation, training, and literature to participant
when deemed appropriate by ADMINISTRATOR or his designee.
Be available, at no cost to the COUNTY, when and if testimony
regarding a program participant is required in any judicial
proceeding.
Provide access, at any time, for Probation Department staff to
inspect records, offices or facilities being maintained in
conjunction with this program.
Keep the Probation Department advised of innovations,
including, but not limited to, new features, software, and
equipment in the electronic monitoring industry.
Additional services may be requested of the CONTRACTOR upon
written request of
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ADMINISTRATOR and the written concurrence of CONTRACTOR prior
to provision of service.
Provide California Department of Transportation approved
Breath Alcohol Testing (BAT) device, either separately, or in
conjunction with electronic monitoring.
Provide written internal procedures to document the receipt
and resolution of client disputes. Any disputes not resolved
through this process within ten (10) business days of the
receipt of the dispute by the CONTRACTOR will be referred to
the ADMINISTRATOR for mediation in accordance with Section
13.0.
Investigate and respond to ADMINISTRATOR in writing within
five (5) business days from receipt of a complaint whenever
ADMINISTRATOR refers a complaint. The response shall include a
statement of the facts, whether the allegation is true or
false, disciplinary action taken, if applicable, and controls
to prevent reoccurrence of the problem.
5.1.6 Other CONTRACTOR Responsibilities shall include but not be
limited to:
5.1.6.1 CONTRACTOR shall be responsible for administering its
own fund for participants determined to be indigent offenders,
and shall absorb any associated costs. An indigent offender
accounting report shall be submitted to the ADMINISTRATOR in
writing each month.
5.1.6.2 CONTRACTOR is authorized to collect a program
participation fee of no more than the equivalent of f if teen
(15) billable days in accordance with Exhibit 6. 0, plus
enrollment and installation fees in accordance with Section
5.1.6.3, from each participant if the period of participation
is less than fifteen (15) days. The program participation fee
shall be in lieu of the daily program fee set forth in Exhibit
6. 0
5.1.6.3 CONTRACTOR may attempt to recover only the following
administrative fees in a addition to the daily program fee from program
participants:
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A one-time maximum enrollment fee of $30.
A change of address fee of $30. All change
of address requests must be approved by the
ADMINISTRATOR. prior to relocation of
equipment.
An equipment repair or replacement fee for
damaged or lost equipment. Program
participants shall not be charged more than
the actual repair or replacement cost, which
may include parts, labor and mileage, in an
amount not to exceed the currently
authorized Internal Revenue Service rate.
Installation fee of $35, plus mileage in an
amount not to exceed the currently
authorized Internal Revenue Service rate.
5.1.6.4 CONTRACTOR shall see electronically monitored
participants in person a minimum of once per month.
5.1.6.5 At the discretion of the ADMINISTRATOR, if, for any
reason, CONTRACTOR cannot, within the timelines specified
herein provide an adequate number of electronic monitoring
units to accommodate its referrals, the ADMINISTRATOR may
require another contractor awarded an SEC contract to assume
supervision responsibility for those referrals without
electronic monitoring units.
COUNTY RESPONSIBILITIES
5.2 COUNTY shall provide Probation Department staff , whose duties shall
include:
5.2.1 Evaluating sentenced defendants who are recommended by the Court
or applying for the program from custody to determine suitability for the
Supervised Electronic Confinement Program. This evaluation process will
include:.
Interviewing defendant and determining eligibility for program
participation;
Accessing, interpreting and evaluating criminal history
information;
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Completing a risk assessment scale; and
Advising the defendant of the provisions of California Penal
Code Section i203. 0 16 (b) (4); namely that the participant
shall agree that the ADMINISTRATOR in charge of the county
correctional facility from which the participant was released
may, without further order of the court, immediately retake
the person into custody to serve the balance of his or her
sentence if the electronic monitoring or supervising devices
are unable for any reason to properly perform their function
at the designated place of confinement, if the person fails to
remain within the place of confinement as stipulated in the
Terms and Conditions agreement, if the person willfully fails
to pay fees to the provider of electronic confinement
services, as stipulated in the SEC Terms and Conditions
subsequent to the written notification of the participant that
the payment has no'.-. been received and that return to
custody may result, or if the person for any other reason no
longer meets the established criteria. A copy of the SEC Rules
and Regulations, including the Terms and Conditions, shall be
signed by and delivered to the participant and a copy retained
by the ADMINISTRATOR.
Reporting defendant's suitability for program participation to
the Court and the CONTRACTOR.
5.2.2 The ADMINISTRATOR or his designee, shall have the sole discretionary
authority to permit program participation as an alternative to physical
custody. All persons recommended by the Court to participate in the SEC
program who are denied participation or all persons removed from
program participation shall be notified in writing by the ADMINISTRATOR
or his designee of the specific reasons for the denial or removal. The
notice of denial or removal shall include the participant's appeal
rights, as established by Probation Department policy.
5.2.3 Acting as liaison and consultant between Probation, CONTRACTOR, and the
Court. This will. include:
Meeting with Courts and other criminal justice agency representatives;
and
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Conducting on-site inspections and audits to review and
monitor all program corn- components including, but not
limited to, participant case files, monitoring records, and
other records to ensure CONTRACTOR'S compliance to Contract
provisions.
5.2.4 The ADMINISTRATOR shall conduct an annual review on July 1 of each year
this Contract is in effect, to ensure compliance with requirements set
forth herein and approved by the Board of Supervisors and for
adjustment of the financial responsibility requirements if warranted by
caseload changes or other factors, pursuant to Penal Code Section
1203.016(j)(3)(B)(iii). Said adjustment shall be within the sole
discretion of ADMINISTRATOR.
5.3 Other COUNTY Responsibilities shall be as follows:
5.3.1 The Probation Department agrees to work 'with the Court if it
appears that an inordinate number of indigent participants are being
referred to the program, or if too few paying participants are
referred, and 'the program is in jeopardy of financial losses.
5.3.2 Participants in the Supervised Electronic Program will be advised
by the Confinement (SEC) Probation Department that the SEC program is a
voluntary program and failure to abide by the terms and conditions of
the program, including payment of fees, may result in participants,
termination from the program and return to jail to serve the remainder
of their sentences. The Probation Department will recommend to the
Courts that they give the same advisement to participants.
5.3.3 In the event that more than one (1) contractor is awarded a
contract to provide Supervised Electronic Confinement services,
ADMINISTRATOR will advise participants that they will be assigned to a
contractor based upon the date and time of their application, and will
not be allowed to choose between existing contractors. Assignment of
participants to CONTRACTOR will be in accordance with Section 5.8,
below.
5.4 Program objective:
It is mutually understood and agreed that the primary objective of the
Supervised Electronic Confinement Program is to provide complete and highly
reliable electronic
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monitoring/home detention services as an effective alternative to incarceration.
5.5 Target Population:
It is mutually understood and agreed that:
This program will basically serve as a sanction for adult minimum
security and low-risk offenders committed to Orange County Jail or'
other County correctional facilities, or granted probation, or inmates
participating in work furlough from Orange County Courts, as specified
in Section 4.23 of this Contract.
Offenders considered for program participation will be primarily those
charged with non-violent misdemeanors, civil contempt, or non-violent
felonies, such as auto theft, low grade auto and commercial burglaries,
drunk driving, welfare fraud, etc.
ADMINISTRATOR will generally exclude from participation offenders with
a history of violence, convicted of violent felonies, convicted of drug
sales, or convicted of child molestation.
Participation in the Supervised Electronic' Confinement Program will be
subject to determination on an individual case basis by the
ADMINISTRATOR when home confinement appears to be an alternative to
jail.
ADMINISTRATOR shall not consider a person's ability or inability to pay
all or a portion of the program fee for the purposes of granting or
denying a person's participation in, or assigning a person to, the
Supervised Electronic Confinement Program.
ADMINISTRATOR shall provide a copy of the Probation Department's SEC
Rules and Regulations to CONTRACTOR.
Suitable disabled offenders or those with medical restrictions may also
participate in the program, as well as caretakers of others who may
need to remain at home.
5.6 Referrals:
CONTRACTOR SHALL NOT ACCEPT PARTICIPANTS TO THIS PROGRAM WITHOUT
REFERRAL FROM THE ADMINISTRATOR. CONTRACTOR SPECIFICALLY AGREES THAT THE
AUTHORITY TO DETERMINE ELIGIBILITY FOR THE SUPERVISED ELECTRONIC CONFINEMENT
PROGRAM IS VESTED SOLELY IN THE ADMINISTRATOR OR HIS DESIGNEE PURSUANT TO PENAL
CODE , SECTION 1203.0116 (d). FURTHER, CONTRACTOR SHALL ACCEPT ALL PARTICIPANTS
REFERRED TO CONTRACTOR BY ADMINISTRATOR.
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5.7 Target Area:
The target area for the SEC Program shall be the Counties of Orange,
Los Angeles, San Bernardino, Riverside and San Diego where a program
participant resides while under the jurisdiction of the Orange County
Courts. Limited exception to the above-noted counties will be
determined by the ADMINISTRATOR as capability to serve other areas is
demonstrated by CONTRACTOR and by ADMINISTRATOR.
CONTRACTOR shall be required to provide a plan that demonstrates its
ability to monitor program participants residing within the State of
California. The plan should include current and proposed corporate
offices, monitoring centers and case management facilities where
participants would report. CONTRACTOR must continuously maintain a
reporting facility in Orange County for participants.
5.8 Case Assignment:
In the event more than one contractor is awarded a Contract for the
provision of SEC services, each contractor will be assigned
participants on a "rotational" basis, in sequential order.
ADMINISTRATOR or his designee will refer program applicants to each
contractor in the order in which the applicants are logged for program
participation referral, without regard to income, place of residence,
or Court of jurisdiction.
The assignment will be based upon the total scores (Phases I and II)
which the contractor received in the SEC Request for Proposal
evaluation; i.e. the highest scorer will receive the first referral
logged for program participation; the second highest scorer will
receive the second referral; the third highest scorer will receive the
third referral, and continuing in that sequence with all subsequent
referrals. CONTRACTORS may trade assigned inmates with the approval of
the ADMINISTRATOR.
6.0 PERSONNEL
6.1 Key County Personnel
6.1.1 Project Director
The ADMINISTRATOR's designee shall serve as the
Project Director with full authority to monitor
CONTRACTOR's performance in the daily operation of
this Contract.
6.1.2 The Project Director shall provide direction to
CONTRACTOR in areas relating to policy, information and procedural
requirements.,
6.1.3 The Project Director is not authorized to make any
changes in the terms and conditions of this Contract and is not
authorized to obligate the COUNTY in any way whatsoever beyond the
terms of the Contract except as provided in Section 26.0 hereunder.
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6.1.4 The ADMINISTRATOR will inform the CONTRACTOR of the
name, address and telephone number of the Project Director at the time
this Contract is awarded, and at the time of any subsequent changes in
the assignment of personnel
6.2 Key Contractor Personnel
CONTRACTOR SHALL NOT EMPLOY, IN ANY CAPAC1TY, ANY PARTICIPANT IN THE
SUPERVISED ELECTRONIC CONFINEMENT PROGRAM.
6.2.1. Project Manager
CONTRACTOR shall provide its own full-time officer or
employee, as on-site Project Manager. The Project Manager and
an approved alternate shall be assigned on site locally Monday
through Friday and available by pager for telephone contact
twenty-four (24) hours a day,' Monday through Sunday,
including all holidays. The Project Manager shall provide
overall management and coordination of contract services on
the CONTRACTOR's behalf, shall act as the central point of
contact with the Probation Department, and have access to
technical assistance at all times.
When the Project Manager described above cannot be present,
and with prior approval of the COUNTY Project Director, an
equally qualified individual shall be designated to act for
the Project Manager.
6.2.2 The Project Manager or approved alternate shall have full
authority to act for the CONTRACTOR on all contract matters
relating to this daily operation of the contract services.
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6.2.3 The Project Manager or approved alternate shall be available
during normal weekday work hours, 8 a.m. to 5 p.m., to meet
with COUNTY personnel designated by the COUNTY to discuss
problem areas.
6.2.4 The Project Manager must have a minimum of twelve (12) months
of demonstrated previous experience in the management and
operation of electronic monitoring/home detention services or
functions of similar scope.
6.2.5 COUNTY shall have the right to review the qualifications and
approve the Project Manager and any replacement recommended by
CONTRACTOR.
6.2.6 CONTRACTOR shall inform the COUNTY Project Director, in
writing within ten (10) business days, o f any change of
Program Manager and provide evidence of the replacement's
qualifications.
6.2 Other Contractor Personnel
6.3.1 CONTRACTOR shall be responsible for providing competent
trained staff to fulfill the services required under this
Contract. Training shall include, but not be limited to,
policies and procedures, equipment and monitoring, case
management techniques, documentation procedures, participant
compliance procedures, and participant fee assessment
procedures, and knowledge of applicable legal statutes.
6.3.2 CONTRACTOR'S staffing ratio for case managers must be
maintained at one (1) case manager for every fifty (50)
program participants, plus or minus 10%.
6.3.3. All operational personnel shall be able to speak, read, write,
and understand English.
6.3.4. CONTRACTOR shall demonstrate the ability to provide services
for non-English speaking participants.
6.3.5. CONTRACTOR shall ensure that by the first day of employment,
all persons with access to its computer system, database or
records of participants monitored by this system have signed
the acknowledgement form regarding confidentiality, attached
hereto as Exhibit :2.0 and,
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incorporated herein by reference, that meets the standards of
the Probation Department for COUNTY employees having access to
confidential criminal offender record information (XXXX).
CONTRACTOR shall retain the original XXXX form and forward a
copy to COUNTY Project Director within five (5) business days
of start of employment.
6.3.6 CONTRACTOR shall inform COUNTY's Project Director, in writing,
within ten (10) business days, of any change in CONTRACTOR'S
personnel assigned to perform any work on this program.
CONTRACTOR shall provide employee rosters, on a monthly basis,
to the COUNTY's Project Director.
6.4 Contractor Employee Acceptability
The COUNTY reserves the right to preclude the CONTRACTOR from
employment or continued employment of any individual. The CONTRACTOR
shall be responsible for removing and replacing any employee within
twenty-four (24) hours when requested to do so by the COUNTY Project
Director.
6.5 Employee Benefits and Acknowledgement of Employer
6.5.1 CONTRACTOR shall be solely responsible for providing to, or on
behalf of its employees, all legally required employee benefits. The
acknowledgement attached hereto as Exhibit 3.0 and incorporated herein by
reference, that each employee understands that they are an employee of
CONTRACTOR and not of COUNTY must be signed by each employee of CONTRACTOR
employed at the site by the first day of his or her employment. *Original
acknowledgment must be kept by the CONTRACTOR and a copy must be filed within
five (5) business days of said employment with the COUNTY Project Director.
6.5.2 COUNTY shall not assume any liability for the payment of
salaries, wages, benefits, or other compensation to, or on behalf of, any
personnel provided by the CONTRACTOR.
6.6 Employee Criminal Records and Notices
CONTRACTOR shall be responsible for ongoing implementation and
monitoring of sub-sections 6.6.1 through 6.6.4. On at least a quarterly basis,
CONTRACTOR shall report, in writing, monitoring results to ADMINISTRATOR,
indicating
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compliance or problem areas. Elements of this monitoring report shall receive
prior written approval 'from ADMINISTRATOR or his designee.
6.6.1 No personnel employed by the CONTRACTOR for this program or having
access to Probation Department information or records shall have. a
criminal arrest or conviction record unless such record has been fully
disclosed and ADMINISTRATOR has approved employment.
6.6.2 CONTRACTOR shall be under a continuing obligation to disclose any prior
or subsequent criminal arrest or conviction record information
regarding any CONTRACTOR employee assigned to this Contract or having
access to information pertaining to this Contract to ADMINISTRATOR.
6.6.3 CONTRACTOR shall submit names of its employees working in the SEC
program to the ADMINISTRATOR within five (5) business days of the Sale
of hire. ADMINISTRATOR will schedule an appointment to conduct a
background investigation/record check based on fingerprints of
employees and further reserves the right to conduct a background
investigation of CONTRACTOR'S I S employees at any time.
6.6.4 When the COUNTY is charged A fee by the State of California or a
federal agency to perform a fingerprint record check of a CONTRACTOR'S
employee, COUNTY will bill CONTRACTOR to recover actual expenses. The
current cost for this service is $32.00. . This amount is subject to
change upon notification from the State or federal agencies conducting
the fingerprint record check. This amount shall be in addition to the
CONTRACTOR'S monthly fee as set forth in Exhibit 4.0 and referenced in
Section 2.0.
7.0 QUALITY CONTROL
CONTRACTOR shall establish and maintain a Quality Control Plan to ensure that
the requirements of the Contractor met. An updated copy must be provided to the
COUNTY Project Director on or before the effective date of this Contract, and as
changes occur. The original plan and any future amendments are subject to COUNTY
review and approval and shall include, but. not be limited to:
7.1 A functional performance test and evaluation of the electronic
'monitoring equipment, with documented results,
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each time the equipment is issued to and returned by a program
participant; CONTRACTOR will provide a written plan describing how its
systems will be -tested and' how performance standards will be met.
7.2 An inspection system assuring ongoing delivery of services; it
must specify the activities to be audited/inspected on either
a scheduled or unscheduled basis, haw often audits/inspections
will be accomplished, the title of the individual(s) who will
perform and I the audits/ inspections and the methods for
identifying and preventing deficiencies in the quality of the
system. All audits/ inspection results must be documented and
available for review by COUNTY during normal business hours.
7.3 A computerized method of tracking equipment inventory,
maintenance, battery life, and service records specific to
each piece of equipment in accordance with suggested
manufacturers' maintenance specifications.
7.3 A method for ensuring uninterrupted SEC program service in the
event of a strike of CONTRACTOR'S employees.
7.5 A method f or - ensuring that of f ender record
confidentiality is maintained.
8.0 QUALITY ASSURANCE
The COUNTY will evaluate CONTRACTOR'S performance under this Contract using the
quality assurance procedures specified in Exhibit 1.0 attached hereto and
incorporated herein by reference, or such other procedures as may be necessary
to ascertain CONTRACTOR compliance with this Contract.
8.1 A Contract Discrepancy Report (CDR) will be issued by the
COUNTY Project Director when a performance requirement is not
met. CONTRACTOR shall also complete a Contract Discrepancy
Follow-up Report explaining in writing how and when
performance will be returned to acceptable levels and how the
recurrence of the problem will be prevented.
8.2 Monitoring techniques used by the COUNTY to determine the
quality of CONTRACTOR'S performance include, but, are not
limited to:
Random sampling inspections
100% inspections
Periodic reports
Site visits
8.3 The COUNTY Project-Director may assess adjustments and/or
liquidated damages involving CONTRACTOR'S non-compliance as
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provided in Exhibit 1.0, "Performance' Requirements Summary",
attached hereto and incorporated herein by reference.
8.4 CONTRACTOR shall have the right to appeal such decision
involving the assessment of adjustments or liquidated damages,
in writing to the ADMINISTRATOR within five (5) business days
of said notice.
The decision of the ADMINISTRATOR shall be final.
8.5 At ADMINISTRATOR'S direction, the COUNTY Project Director
shall chair a steering committee consisting of designated
Probation Department staff and a Project Manager for each
contractor awarded an SEC contract. The committee shall meet
on a monthly basis to discuss operational procedures, and
advise the ADMINISTRATOR. A concerted effort will be made to
resolve all problems identified. Whenever meetings are held,
the written minutes shall be taken by Probation Department
staff and distributed to the contractor(s).
9.0 HOURS OF OPERATION
The CONTRACTOR shall provide electronic monitoring/home detention
services for program participants on a daily twenty-four (24) hour continuous
basis.
10.0 COUNTY FURNISHED PROPERTY/EQUIPMENT
The COUNTY shall not provide CONTRACTOR with real property and/or
equipment necessary to operate this Contract.
11.0 CONTRACTOR FURNISHED ITEMS
CONTRACTOR shall furnish all personnel and equipment necessary to
perform all services required by this Contract.
12.0 WORK OUTSIDE OF SCOPE OF CONTRACT
CONTRACTOR agrees that any work performed outside the scope of this
Contract, without the prior written approval of COUNTY in accordance
with Section 26, entitled "Changes and Amendments of Terms", shall be
deemed to be a gratuitous effort on the part of the CONTRACTOR, and the
CONTRACTOR shall have no claim therefore against the COUNTY.
13.0 DISPUTES
Any disputes between CONTRACTOR and the COUNTY regarding the
performance of services hereunder shall be mutually resolved by the
COUNTY Project Director and the CONTRACTOR'S Program Manager. In the
event no mutual agreement can be reached, the decision of the
ADMINISTRATOR shall prevail.
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14.0 TAX LIABILITY LIMITATION
COUNTY shall have no liability or responsibility for any taxes
including, without limitation, sales, income and/or property taxes which may be
imposed in connection with or resulting from this Contract or CONTRACTOR'S
performance hereunder.
15.0 TERMINATION FOR CONVENIENCE OF THE COUNTY
15.1 Performance of services under this Contract may be terminated
by COUNTY in whole or in part, when such action is deemed by
COUNTY to be in its best interest. Termination of work shall
be effected by delivery to CONTRACTOR of a sixty (60) day
written Notice of Termination specifying the extent to which
performance of work is terminated, and the date upon which
such termination becomes effective.
15.2 After receipt of the Notice of Termination and except as,
otherwise directed by COUNTY, CONTRACTOR shall:
15.2.1 Stop services under this Contract on the date and to
the extent specified in the Notice of Termination.
15.2.2 Complete performance of that part of the work k that
is not terminated by the Notice of Termination.
15.3 After receipt of a Notice of Termination, CONTRACTOR shall
submit to COUNTY, in the form and with the certifications as
may be prescribed by COUNTY, its final termination statement.
Such statement shall be submitted promptly, but not later than
three (3) months from the effective date of termination. Upon
failure of CONTRACTOR to submit its termination statement
within the time allowed, COUNTY may -determine on the basis of
the information available to COUNTY, the amount, if any due to
COUNTY with respect to the termination and such determination
shall be final. After such determination is made, CONTRACTOR
shall. pay COUNTY the amount so determined.
15.4 Subject to the provisions of the paragraph immediately above,
COUNTY and CONTRACTOR shall negotiate an equitable amount to
be paid COUNTY as a result of the total or partial termination
of work pursuant to this Section. Said amount may include a
reasonable allowance for CONTRACTOR'S profit on work done but
shall not include an allowance on work terminated. CONTRACTOR
shall pay the agreed amount; subject to other limitations and
provided that such amount shall not exceed the total funding
obligated under this Contract as reduced by the amount of
payments otherwise made and as further reduced by the contract
price of work not terminated.
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16.0 TERMINATION FOR CONVENIENCE OF THE CONTRACTOR
16.1 Performance of services under this Contract may be terminated
in whole by CONTRACTOR, when such action is deemed by
CONTRACTOR to be in its best interest. Termination of work
shall be effected by delivery to COUNTY of a sixty (60) day
written Notice of Termination specifying the date upon which
such termination becomes effective.
16.2 After delivery of the Notice of Termination, CONTRACTOR shall
stop services under this Contract on the date specified in the
Notice of Termination.
16.3 After delivery of a Notice of Termination, CONTRACTOR shall
submit to COUNTY, in the form and with the certifications as
may be prescribed by COUNTY, its final termination statement.
Such statement shall be submitted promptly but not later than
three (3) months from the effective date of termination. Upon
failure of CONTRACTOR to submit its termination statement
within the time allowed, COUNTY may determine on the basis of
the information available to COUNTY, the amount, if any, due
to COUNTY with respect to the termination and such
determination shall be final. After such determination is
made, CONTRACTOR shall pay COUNTY the amount so determined.
16.4 Subject to the provisions of the paragraph immediately !above,
COUNTY and CONTRACTOR shall negotiate an equitable amount to
be paid COUNTY as a result of the termination of work pursuant
to this Section. Said amount may include a reasonable
allowance for CONTRACTOR'S profit on work done but shall not
include an allowance on work terminated. CONTRACTOR shall pay
the agreed amount; subject to other limitations and provided
that such amount shall not exceed -the total funding obligated
under this Contract as reduced by the amount of payments
otherwise made, . including the deposit specified in Section
2.4.
17.0 TERMINATION FOR DEFAULT OF CONTRACTOR
17.1 COUNTY may, subject to the provisions outlined below, by
written notice of default to CONTRACTOR, terminate, in whole
or in part, this Contract, in the following circumstances:
17.1.1 If CONTRACTOR fails to comply with applicable statutory
provisions and requirements or with the standards imposed by
this Contract and by the Correctional Administrator, such
failure may be cause for termination of the Contract, COUNTY
shall. provide sixty (60) days written notice to CONTRACTOR of
the lack of compliance and that the Contract may be cancelled
if the specified deficiencies are not
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corrected within the period of time designated in the notice
after receipt of notice from CONTRACTOR specifying such
deficiency. In the event the situation poses a serious threat
to public safety, COUNTY may give shorter notice, or cancel
the entire Contract, without notice, pursuant to Penal Code
Section 1203.016(J)(3).
17.2 In the event COUNTY terminates this Contract in whole or in part
as provided in this Section, COUNTY may procure, upon such terms and in such
manner as COUNTY may deem appropriate, services similar to those terminated,
either from a remaining CONTRACTOR subject to a similar Contract, or otherwise,
and CONTRA CTOR shall be liable to COUNTY for any costs incurred in securing
similar services.
17.3 If, after notice of termination of this Contract pursuant to the
provisions of this Section, it is determined fox, any reason that CONTRACTOR was
not in default under the provisions of this Section or that the default was
excusable, the rights and obligations of the parties shall be the same as if the
notice of termination had been issued pursuant to Section 15.0 entitled
"Termination for Convenience of the COUNTY".
18.0 DEFAULT FOR INSOLVENCY
18.1 COUNTY may cancel this Contract f or default in the event of
the occurrence of any of the following:
18.1.1 Insolvency of CONTRACTOR. CONTRACTOR shall be deemed
insolvent if it has ceased to pay its debts in the ordinary
course of business or cannot pay its debts as they become due
whether it has committed an act of bankruptcy or not, and
whether insolvent within the meaning of the Federal Bankruptcy
Law or not;
18.1.2 The filing of a voluntary petition to bankruptcy;
18.1.3 The appointment of a Receiver or Trustee for
CONTRACTOR;
18.1.4 The execution by CONTRACTOR of an assignment, for the
benefit of creditors.
19.0 INDEPENDENT CONTRACTOR STATUS
This Contract is by and between the County of Orange and CONTRACTOR and is not
intended and shall not be construed to create a relationship of agent, servant,
employee, joint venture, or association as between
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COUNTY and CONTRACTOR. CONTRACTOR understands and agrees that all persons
furnishing services to COUNTY pursuant to this Contract are, for purposes of
Workers' Compensation liability, employees solely of CONTRACTOR and not
employees of COUNTY. CONTRACTOR shall bear the sole responsibility and liability
for furnishing Workers, Compensation benefits to any person for injuries arising
from or connected with- services performed on behalf of CONTRACTOR pursuant to
this Contract.
20.0 SUBCONTRACTING
20.1 No performance of this Contract or any portion thereof may be
subcontracted by CONTRACTOR without the express written
consent of ADMINISTRATOR. Any attempt by CONTRACTOR to
subcontract any performance of the terms of this Contract
without the express written consent of ADMINISTRATOR shall be
null and void and shall constitute a breach of the terms of
this Contract. In the event of such a breach, this Contract
may be terminated forthwith.
20.2 In the event that ADMINISTRATOR should consent to
subcontracting, each and all of the provisions for- this
contract and any amendment thereto shall extend to and be
binding upon and inure to the benefit of the successors or
administrators of the respective parties.
20.3 In the event that ADMINISTRATOR should consent to
subcontracting, the CONTRACTOR Shall include in all
subcontracts the following provision: "This contract is a
subcontract under the terms of a prime contract with the
County of Orange. All representations and warranties ,hall
inure to the benefit of the County of Orange."
21.0 INDEMNIFICATION
21.1 COUNTY, its officers, agents and employees shall not be deemed
to have assumed any liability for the negligence or any other
act or omission of CONTRACTOR or any of its officers, agents
or employees, or for any dangerous or defective condition of
any work or property of CONTRACTOR.
CONTRACTOR shall indemnify and hold COUNTY, its officers, agents and employees
free and harmless from any claim or liability whatsoever, based or asserted upon
the condition of any work or property of CONTRACTOR, or upon any act or omission
of CONTRACTOR, its officers, agents, employees, related to this Contract, for
property damage, bodily injury or death or any other element of damage of any
kind or nature, and CONTRACTOR shall defend at its expense including attorney
fees, COUNTY, its officers, agents and employees in any legal action or claim of
any kind based upon such condition Of work or property, or alleged acts or
omissions.
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21.2 COUNTY shall indemnify and hold CONTRACTOR, its officers,
agents and employees free and harmless from any claim or
liability whatsoever, based or asserted upon any act or
omission of COUNTY, its officers, agents and employees related
to this Contract, for property damage, bodily injury or death
or any other element of damage of any kind or nature, and
COUNTY shall defend, at its expense including attorney fees,
CONTRACTOR, its officers, agents, employees in any legal
action or claim of any kind based upon such alleged acts or
omission.
22.0 INSURANCE
Without limiting CONTRACTOR'S indemnification of COUNTY, CONTRACTOR
shall provide and maintain at its own expense during the term of this
Contract the following programs of insurance covering its operations
hereunder. Such programs and evidence of insurance shall be
satisfactory to COUNTY and shall be primary to and not contributing
with any other insurance maintained by COUNTY. Certificates or other
evidence of coverage shall be delivered to Orange County Probation
Department, 000 X. Xxxx, Xxxxx Xxx, XX 00000, Attention: orange County
Correctional Administrator, Supervised Electronic Confinement Program,
prior to commencing services under this Contract, or at any time
requested by the Orange County Board of Supervisors or the
ADMINISTRATOR. Such evidence ,.hall specifically identify this Contract
and shall contain express conditions that COUNTY is to be given written
notice by registered mail at least thirty (30) days in advance of any
modification or termination of insurance:
22.1 Liability: Such insurance shall be provided by a. company
'authorized to do surety business in California, and shall be
endorsed naming the County of Orange as an additional insured,
and shall include, but not be limited to:
22.1.1 General Liability insurance from a company authorized
to do surety business in California, written on a
commercial general liability form or on a
comprehensive general liability form covering the
hazards of premises/operations, contractual,
independent contractors, products/ completed
operations, broad form property, damage, and personal
injury with a combined single limit of not less than
one million dollars ($1,000,000) per occurrence.
a. If written with an annual aggregate limit, the policy
limit shall be three (3) times the above required
occurrence limit upon such condition of work or
property, or alleged acts or omissions.
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b If written on a claims made form, the CONTRACTOR
shall continue to name the County of Orange as an
additional insured or provide an extended two (2)
year reporting period commencing upon termination or
cancellation of this Contract.
22.1.2 Comprehensive Auto Liability Insurance endorsed for
all owned, non-owned, and hired vehicles with a
combined single limit of at least $300,000 per
occurrence.
22.2 Worker's Compensation: A program of Workers' Compensation
Insurance in an amount and form to meet all applicable
requirements of the Labor Code of the State of California,
including Employers Liability with a $1,000,000 limit covering
all persons providing services on behalf of CONTRACTOR and all
risk to such persons under this Contract.
22.3 Failure on the part of CONTRACTOR to procure or maintain
required insurance shall constitute a material breach of
contract upon which COUNTY may immediately terminate or
suspend this Contract.
22.4 ADMINISTRATOR shall review, on an annual. basis, CONTRACTOR'S
procurement of insurance to ensure compliance with the
financial responsibility required by California .Penal Code
Section 1203.016(j)(3)(B)(iii, iv, and v); and for adjustment
of required insurance if warranted by caseload changes or
other factors.
23.0 COVENANT AGAINST CONTINGENT FEES
CONTRACTOR warrants and represents that no person or selling agency has
been employed or retained to solicit or secure this Contract upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee excepting bona fide employees or bona fide established
commercial or selling agencies maintained or employed by CONTRACTOR for
the purpose of securing business.
For breach or violation of this warranty, COUNTY shall have the right
to terminate this Contract, and, in its sole discretion, to deduct from
the contract price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage or contingent fee.
24.0 GOVERNING LAWS
This Contract shall be construed in accordance with and governed by the
laws of the State of California.
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25.0 COMPLIANCE WITH LAWS
25.1 CONTRACTOR agrees to comply with all applicable Federal, State
and local laws, rules, regulations and ordinances, including,
but not limited to, California Penal Code Sections 1203.016,
1208.2, 1208.3, 1208.5, and 2900.5, and all provisions
required thereby to be included herein, are hereby
incorporated by this reference.
25.2 CONTRACTOR specifically agrees to comply with all appropriate
state and local building, zoning, health, safety, and fire
statutes, ordinances and regulations specified in California
Penal Code Section 1208(a), in accordance with California
Penal Code Section 1203.016(j) .
25.3 CONTRACTOR specifically agrees to operate in compliance with
any available standards promulgated by State correctional
agencies and bodies, in accordance with California Penal Code
Section 1203.016(j)(3)(B)(i.).
25.4 CONTRACTOR shall indemnify and hold COUNTY harmless from any
loss, damage or liability resulting from a violation on the
part of CONTRACTOR of such laws, rules, regulations and
ordinances.
26.0 CHANGES AND AMENDMENTS OF TERMS
COUNTY reserves the right to change any portion of the work required
under this Contract, or amend such other terms and conditions which may become
necessary. Any such revisions shall be accomplished in the following manner:
26.1 For any change which does not materially affect the scope of
work, period of performance, payments, or any other term or
condition included under this Contract, a Change Notice -shall
be prepared and signed by the ADMINISTRATOR or his designee
and CONTRACTOR'S Project Manager.
26.2 For any revision which materially affects the scope of work,
period of performance, payments, or any term and condition
included in this Contract, a negotiated modification to this
Contract shall be executed by the COUNTY Board of Supervisors
and CONTRACTOR.
26.3 As used herein, the term "materially" is defined as being a
change of more than (10%) ten percent of the contractual
agreement, a change of more than one hundred eighty (180) days
to any period of performance or a change in the work required
which, in the sole discretion of the ADMINISTRATOR or his
designee warrants execution by the Board of Supervisors.
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27.0 ASSIGNMENT
This Contract, or any interest therein, including any claims for monies
due or to become due with respect thereto, may be assigned only upon
the written consent of the other party and any prohibited assignment
shall be null and void. Any payments to any assignee of any claim under
this Contract, in consequence of such consent, shall be subject to
set-off, recoupment or other reduction for any claim which one party
may have against the other.
28.0 GRATUITIES
COUNTY may, by written notice to CONTRACTOR, terminate the right of
that CONTRACTOR to proceed under this Contract upon one (1) calendar
day's notice, if it is found that gratuities in the form of
entertainment, gifts, or otherwise are offered or given by the
CONTRACTOR, or any agent or representative of CONTRACTOR, to any
officer or employee of COUNTY with a view towards securing a contract
or securing favorable treatment with respect to the awarding, or
amending, or the making of any such determination with respect to the
performance of such Contract. In the event of such termination, COUNTY
shall be entitled to pursue the same remedies against the CONTRACTOR as
it could pursue in the event of default by CONTRACTOR.
29.0 RECORD RETENTION AND INSPECTION
Within ten (10) days of a written request from COUNTY, CONTRACTOR shall
allow COUNTY or authorized State and Federal agencies to have access to
and examine, audit, excerpt, copy or transcribe any pertinent
transaction, activity, time cards or other records relating to this
Contract. Such material, including all pertinent cost accounting,
financial records and proprietary data, shall be kept and maintained by
CONTRACTOR for a period of five (5) years after completion of this
Contract, or until such time as all audits are complete, whichever is
later. In the event records are located outside the County of Orange,
CONTRACTOR shall pay COUNTY for travel and per them costs connected
with any inspection or audit.
30.0 AUDIT
At any time during the term of this Contract or at any time after the
expiration or termination of this Contract, authorized representatives
of COUNTY may conduct an audit of CONTRACTOR regarding the services
provided to COUNTY.
31.0 PUBLICITY
CONTRACTOR shall not disclose any details in connection with this
Contract to any party, except as may be otherwise provided herein or
required by law. However, in recognizing CONTRACTOR'S
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need to identify its services and promote business, COUNTY shall not
inhibit CONTRACTOR from publicizing its role under this Contract
provided the following conditions are met:
31.1 CONTRACTOR shall develop all publicity material in a
professional manner and provide\copies of such material to
the COUNTY Project Director; and
31.2 During the course of performance of this Contract, CONTRACTOR,
its employees, agents, and officers shall not publish or
disseminate commercial advertisements, press releases,
opinions or feature articles, using the name of COUNTY without
the prior written consent of ADMINISTRATOR.
32.0 NOTICE OF DELAYS
Except as otherwise expressly provided herein, when either party has
knowledge that any actual or potential situation is delaying or
threatens to delay the timely performance of this Contract, that party
shall, within five (5) days, give notice thereof, including all
relevant information with respect thereto, to the other party.
33.0 VALIDITY
The invalidity in whole or in part of any provision of this Contract-
shall not void or affect the validity of any other provision.
34.0 WAIVER
Waiver of a breach of any provision of this Contract by COUNTY shall
not constitute a waiver of any other or subsequent breach and shall not
be construed to be a modification of the terms of this Contract.
Failure of COUNTY to enforce at any time, or from -time to time, any
provision of this Contract, shall not be construed as a waiver thereof.
The remedies of COUNTY herein shall be cumulative and in addition to
any other remedies in law or equity.
35.0 NOTICES
35.1 Notices required or permitted to be given under the terms of
this Contract or by any law now or hereafter in effect may, at
the option of the party giving notice, be given by enclosing
the same in a sealed envelope addressed to the party for whom
intended and by depositing such envelope with postage prepaid
in the United States Post Office or substation thereof, or any
public mail box; and any such notice and the envelope
containing same shall be addressed to CONTRACTOR at his place
of business, or such other place As may be hereinafter
designated in writing by CONTRACTOR, as follows:
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Sentencing Concepts, Inc.
0000 X. Xxxxxx Xxxxxx, Xxxxx 000
Xxxxxxx, Xxxxxxxxxx 00000
The notices and envelopes containing same to COUNTY shall be addressed to:
Xxxxxxx Xxxxxxxxxx, Orange County
Correctional Administrator
Orange County Probation Department
P.O. Box 10260
Santa Ana, CA 92711
34.2 ADMINISTRATOR shall have authority to execute all notices
required or permitted to be given herein.
36.0 IMMIGRATION REFORM AND CONTROL ACT OF 1986
CONTRACTOR warrants that it fully complies with all laws regarding
employment of aliens and others, and that all its employees performing
services hereunder meet the citizenship or alien status requirements
contained in Federal and State statutes and regulations including, but
not limited to, the Immigration Reform and Control Act of 1986 (P.L.
99-603). CONTRACTOR shall obtain, from all covered employees performing
serviceshereunder, all-verification and other documentation of
employment eligibility status required by Federal statutes and
regulations as they currently exist and as they may be hereafter
amended. CONTRACTOR shall retain such documentation for all covered
employees for the period prescribed by law. CONTRACTOR shall indemnify,
defend, and hold harmless, the COUNTY, its officers and employees from
employer sanctions and any other liability which may be assessed
against CONTRACTOR or COUNTY or both in connection with any alleged
violation of Federal statutes or regulations pertaining to the
eligibility for employment of persons performing services under this
Contract.
37.0 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS
CONTRACTOR hereby assures that it will comply with Subchapter VI of the
Civil Rights Act of 1964, 42 USC Sections 2000e through 2000e (17), to
the end that no person shall, on the grounds of race, creed, color,
sex, or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under this
Contract or under any project, program, or activity supported by this
Contract.
38.0 NONDISCRIMINATION IN EMPLOYMENT
38.1 CONTRACTOR certifies and agrees that all persons employed by
it, its affiliates, subsidiaries, or holding companies, 'are
and will be treated equally by it without regard to or because
of race, color, religion, ancestry, national
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origin, sex, age or condition of physical or mental
disability, marital status, or political affiliation, in
compliance with all applicable Federal and State
anti-discrimination laws and regulations.
38.2 CONTRACTOR shall take affirmative action to ensure that
qualified applicants are employed and that employees are
treated during employment, without regard to their race,
color, religion, sex, ancestry, national origin, age or
condition of physical or mental disability or marital status,
or political affiliation or Vietnam veterans. Such action
shall include, but is not limited to, the following:
employment, upgrading, demotion, transfer, recruitment, or
recruitment advertising, layoff or termination, rates of pay
or other forms of compensation and selection for training,
including apprenticeship.
38.3 CONTRACTOR shall deal with its COUNTY approved vendors without
regard to, or because of, race, color, religion, ancestry,
national origin, sex, age or condition of physical or mental
disability or marital status, or political affiliation.
38.4 CONTRACTOR shall give COUNTY representatives access to its
employment records during regular business hours to verify
compliance with the provisions of this Section when so
requested by COUNTY.
38.5 If COUNTY finds that any of the above provisions have been
violated, the same shall constitute a material breach of this
Contract upon which COUNTY may determine to, cancel,
terminate,, or suspend this Contract. While COUNTY reserves
the right to determine independently that the
anti-discrimination provisions of this Contract have been
violated, in addition, a determination by the California Fair
Employment Practices Commission or the Federal Equal
Employment Opportunity Commission that CONTRACTOR has violated
State and Federal anti-discrimination laws or regulations
shall constitute a finding by COUNTY that CONTRACTOR has
violated the anti-discrimination provisions of this Contract.
38.6 The parties agree that in the event CONTRACTOR violates the
above anti -discrimination provisions in the performance of
this Contract, COUNTY shall, at its option be entitled to a
sum of five hundred ($500.00) pursuant to California Civil
Code Section 1671 as liquidated damages in lieu of canceling,
terminating or suspending this Contract.
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39.0 CONFLICT OF INTEREST
CONTRACTOR represents and warrants that no COUNTY employee whose
position in COUNTY enables him/her to influence the award of this
Contract, and no spouse or economic dependent of such employee is or
shall be employed in any capacity by CONTRACTOR herein or does or shall
have any direct or indirect financial interest in this Contract.
CONTRACTOR shall sign the "Certificate of Compliance with Orange County
Conflict of Interest Policy", attached hereto as Exhibit 7.0 and
incorporated herein by reference. CONTRACTOR shall retain the original
certificate and forward a copy to COUNTY Project Director within five
(5) business days of the commencement of this Contract.
40.0 ASSURANCE OF COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
CONTRACTOR hereby assures that it will comply with the Americans with
Disabilities Act of 1990, 42 U.S.C., Sections 12101 et. seq., to ensure
that qualified disabled individuals shall be reasonably accommodated in
accordance with the Act, and the CONTRACTOR shall not exclude from
participation in, or deny the benefit of, or otherwise subject a
disabled individual to discrimination under this Contract, or under any
project, program, or activity supported by this Contract.
41.0 CONFIDENTIALITY
CONTRACTOR shall maintain the confidentiality of all its records,
including but not limited to xxxxxxxx, COUNTY records, and audit
records, in accordance with all applicable Federal, State and local
laws, regulations, ordinances and directives relating to
confidentiality.
CONTRACTOR shall inform all of its officers, employees, and agents
providing services hereunder of the confidentiality provisions of -this
Contract. As a condition of employment, all employees of CONTRACTOR
assigned to this contract or having access to information pertaining to
this contract shall sign and adhere to "Confidentiality of XXXX
Information", Exhibit 2.0, attached hereto and incorporated herein by
reference.
CONTRACTOR shall be responsible for safeguarding all Probation
Department information provided for use by the CONTRACTOR.
CONTRACTOR specifically agrees to comply with California Penal Code
Sections 1203.05, 1203.10, and 11140 which govern the confidentiality of adult
probation records.
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42.0 CONTINGENT FUNDING
The obligations of COUNTY under this Contract are contingent upon the
availability of County funds n of sufficient funds for the services
hereunder in the budget approved by the Orange County Board of
Supervisors each fiscal year this Contract is in effect. In the event
that such funding is terminated or reduced, COUNTY may reduce its
obligations hereunder or terminate this Contract. The decision of
COUNTY shall be binding on CONTRACTOR. COUNTY shall provide CONTRACTOR
with written notification of such determination.
43.0 AUTHORIZATION WARRANTY
CONTRACTOR represents and warrants that the signatory to this Contract
is fully authorized to obligate CONTRACTOR hereunder and that all
corporate acts necessary to the execution of this Contract have been
accomplished.
44.0 MERGER
The Technical Exhibits as stated below form a part of this Contract. In
the event of any conflict in the definition or interpretation of any
word, responsibility, service, or schedule between the Contract and the
following Exhibits, said conflict or inconsistency shall be resolved by
giving precedence first to the main body of this contract (i.e., those
provisions set forth in the Recitals and Articles of this Contract),
and then to the Exhibits in the order that they appear.
45.0 ENTIRE AGREEMENT
This Contract and the attached Exhibits 1.0 through 7.0, which are
incorporated-,herein by reference, constitute the complete and
exclusive statement of understanding between the parties which
supersedes all previous Contracts, written or oral, and all other
communications between the parties relating to the subject matter of
this Contract.
IN WITNESS THEREOF, the parties have executed this Agreement, in the
County of Orange, State of California.
BY Xxx Xxxxxxx DATED: 8/6/96
SENTENCING CONCEPTS, INC.
COUNTY OF ORANGE
BY Xxxxx X. Xxxxxxx DATED: 8/20/96
CHAIRMAN OF THE BOARD
OF SUPERVISORS
40
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
BY DATED: 9/6/96
CLERK OF THE BOARD OF SUPERVISORS
of Orange County, California
BY DATED: 9/6/96
XXXXXXX X. XXXXXXXXXX
Chief Probation Officer/ County Correctional Administrator
APPROVED AS TO FORM
XXXXXXXX X. XXXXXX
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY:
DEPUTY COUNTY COUNSEL DATED: 7/22/96
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