ND+DOC+NASPO+PA+2.8.2024.pdf

Version 2023.06.15

Participating Addendum Number 1 for

Electronic Monitoring Products and Services between

State of North Dakota And

Satellite Tracking of People, LLC

This Participating Addendum is entered into by State of North Dakota (“Participating Entity”) and the following

Contractor (each a “Party” and collectively the “Parties”) for the purpose of participating in NASPO ValuePoint

Master Agreement Number 22PSX0021, executed by Contractor and the State of Connecticut (“Lead State”) for

Electronic Monitoring Products and Services (“Master Agreement”):

Satellite Tracking of People, LLC (“Contractor”)

5353 W Sam Houston Parkway N Suite 190

Houston, TX 77041

I. PARTICIPATING ADDENDUM CONTACTS.

Contractor’s contact for this Participating

Addendum is:

Don Burk

VP Growth Solutions

Don.burk@securustechnologies.com

701-328-2767

Participating Entity’s contact for this Participating

Addendum is:

Chad Keech

State Procurement Officer

Ckeech@nd.gov

701-328-2767

II. TERM. This Participating Addendum is effective as of the date of the last signature below or February 1, 2024, whichever is later, and will terminate upon termination of the Master Agreement, as amended, unless the Participating Addendum is terminated sooner in accordance with the terms set forth herein.

III. PARTICIPATION AND USAGE. This Participating Addendum may be used by all state agencies, institutions of higher education, cities, counties, districts, and other political subdivisions of the state, and nonprofit organizations within the state if authorized herein and by law. Participating Entity has sole authority to determine which entities are eligible to use this Participating Addendum. If Contractor becomes aware that an entity’s use of this Participating Addendum is not authorized, Contractor will notify NASPO ValuePoint to initiate outreach to the appropriate parties.

IV. GOVERNING LAW. The construction and effect of this Participating Addendum and any Orders placed hereunder will be governed by, and construed in accordance with, Participating Entity’s laws.

V. SCOPE. Except as otherwise stated herein, this Participating Addendum incorporates the scope, pricing, terms, and conditions of the Master Agreement and the rights and obligations set forth therein as applied to

Contractor and Participating Entity and Purchasing Entities.

a. Products. All products available through the Master Agreement may be offered and sold by

Contractor to Purchasing Entities.

b. Services. All services available through the Master Agreement may be offered and sold by

Contractor to Purchasing Entities.

c. Contractor Partners. All subcontractors, dealers, distributors, resellers, and other partners identified on Contractor’s NASPO ValuePoint webpage as authorized to provide Products and Services to

Participating Entity may provide Products and Services to users of this Participating Addendum.

Contractor will ensure that the participation of Contractor’s subcontractors, dealers, distributors, Participating Addendum Number 1 for Electronic Monitoring Products and Services

Between State of North Dakota and Satellite Tracking of People, LLC________________________________________________________________

Version 2023.06.15 resellers, and other partners is in accordance with the terms and conditions set forth in the Master

Agreement and in this Participating Addendum.

Any amendment to the Master Agreement shall be deemed incorporated into this Participating Addendum unless the amendment is rejected by Participating Entity in writing to Contractor within ten (10) calendar days of the amendment’s effective date and is documented thereafter via written amendment hereto.

Any conflict between this Participating Addendum and the Master Agreement will be resolved in favor of the Participating Addendum. The terms of this Participating Addendum, including those modifying or adding to the terms of the Master Agreement, apply only to the Parties and shall have no effect on

Contractor’s participating addenda with other participating entities or Contractor’s Master Agreement with the

Lead State.

VI. ORDERS. Purchasing Entities may place orders under this Participating Addendum by referencing the

Participating Addendum Number on an Order. Each Order placed under this Participating Addendum is subject to the pricing and terms set forth herein and in the Master Agreement, including applicable discounts, reporting requirements, and payment of administrative fees to NASPO ValuePoint and Participating Entity, if applicable.

VII. FEDERAL FUNDING REQUIREMENTS. Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. When applicable, a Purchasing Entity will identify in the Order any alternative or additional requirements related to the use of federal funds. By accepting the Order, Contractor agrees to comply with the requirements set forth therein.

VIII. ATTACHMENTS. This Participating Addendum includes the following attachments:

a. Exhibit A: Participating Entity-specific Pricing

b. Attachment A: Participating Entity Modifications and Additions to Master Agreement Terms and

Conditions

IX. NOTICE. Any notice required herein shall be sent to the following:

For Contractor:

Don Burk Vice President dburk@securustechnologies.com 817-807-7500

For Participating Entity:

Chad Keech State Procurement Officer ckeech@nd.gov 701-328-2767

X. SUBMISSION OF PARTICIPATING ADDENDUM TO NASPO VALUEPOINT. Upon execution, Contractor shall promptly email a copy of this Participating Addendum and any amendments hereto to NASPO

ValuePoint at pa@naspovaluepoint.org. The Parties acknowledge and agree that the Participating

Addendum, as amended, may be published on the NASPO ValuePoint website.

SIGNATURE

The undersigned for each Party represents and warrants that this Participating Addendum is a valid and legal agreement binding on the Party and enforceable in accordance with the Participating Addendum’s terms and that the undersigned is duly authorized and has legal capacity to execute and deliver this Participating Addendum and bind the Party hereto.

mailto:pa@naspovaluepoint.org

Participating Addendum Number 1 for Electronic Monitoring Products and Services

Between State of North Dakota and Satellite Tracking of People, LLC________________________________________________________________

Version 2023.06.15

IN WITNESS WHEREOF, the Parties have executed this Participating Addendum.

CONTRACTOR: PARTICIPATING ENTITY:

Signature Signature

Alex Yeo __________________________________________

Printed Name Printed Name

Chief Growth Officer __________________________________________

Title Title

Date Date

02/08/2024

Chad Keech

State Procurement Officer

2/08/2024

NASPO - COOPERATIVE PURCHASING PARTICIPATING ADDENDUM LANGUAGE

1. Coterminous: The term of this Participating Addendum shall be coterminous with the State of Connecticut Contract Number 22PSX0021.

2. Confidentiality: Contractor shall not use or disclose any information it receives from Participating Entity under this Participating Addendum that Participating Entity has previously identified as confidential or exempt from mandatory public disclosure except from mandatory public disclosure except as necessary to carry out the purposes of this Participating Addendum or as authorized in advance by Participating Entity. Participating Entity shall not disclose any information it receives from Contractor that Contractor has previously identified as confidential and that Participating Entity determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the North Dakota open records law, North Dakota Century Code (N.D.C.C) ch. 44-04. The duty of Participating Entity and Contractor to maintain confidentiality of information under this section continues beyond the term of this Participating Addendum.

3. Compliance with Public Records Laws: Contractor understands that, except for disclosures prohibited in this Participating Addendum, Participating Entity must disclose to the public upon request any records it receives from Contractor. Contractor further understands that any records obtained or generated by Contractor under this Participating Addendum, except for records that are confidential under this Participating Addendum, may, under certain circumstances, be open to the public upon request under the North Dakota public records law. Contractor agrees to contact Participating Entity as soon as reasonably possible upon receiving a request for information under the public records law and to comply with Participating Entity’s instructions on how to respond to the request.

4. Spoliation: Contractor shall notify Participating Entity of all potential claims that Contractor is aware of that arise as a result of Contractor’s performance under this Participating Addendum. Contractor shall also take all reasonable steps to preserve all physical evidence and information that may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to Participating Entity the opportunity to review and inspect the evidence, including the scene of an accident.

5. Cooperative Purchasing Contract: This Participating Addendum is a cooperative purchasing contract established pursuant to N.D.C.C. § 54-44.4-13. This Participating Addendum is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C chapter 39-04.2, and the International Peace Garden. Participation in this open-ended Participating Addendum is not mandated;

therefore, the estimated volume of this Participating Addendum is not known.

6. Governing Law and Venue: This Participating Addendum is governed by and construed in accordance with the laws of the State of North Dakota. Any action to enforce this Participating Addendum must be adjudicated exclusively in the state District Court of Burleigh County, North Dakota. Each party consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens.

http://www.legis.nd.gov/cencode/t54c44-4.pdf?20130131153805 http://www.legis.nd.gov/cencode/t39c04-2.pdf?20130131161514

7. Indemnification: In addition to any indemnity obligations found within the Master Agreement, Contractor agrees that any attorney appointed to represent the Participating Entity must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. § 54-12-08.

8. Insurance: Contractor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:

1) Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $2,000,000 per occurrence.

9. Alternative dispute resolution – Jury Trial: Participating Entity does not agree to any form of binding arbitration, mediation, or other forms of mandatory alternative dispute resolution. The parties have the right to enforce their rights and remedies in judicial proceedings. Participating Entity does not waive any right to a jury trial.

10. Attorney Fees: In the event a lawsuit is instituted by Participating Entity to obtain performance due under this Participating Addendum, and Participating Entity is the prevailing party, Contractor shall, except when prohibited by N.D.C.C. § 28-26-04, pay Participating Entity’s reasonable attorney fees and costs in connection with the lawsuit.

11. Nondiscrimination and Compliance with Laws: CONTRACTOR agrees to comply with all applicable federal and state laws, rules, and policies, including those relating to nondiscrimination, accessibility, and civil rights. (See N.D.C.C. Title 34 – Labor and Employment, specifically N.D.C.C. ch. 34-06.1 Equal Pay for Men and Women. CONTRACTOR agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation and workers' compensation premiums. CONTRACTOR shall have and keep current at all times during the Term of this Contract all licenses and permits required by law.

CONTRACTOR is prohibited from boycotting Israel for the duration of this Contract. (See N.D.C.C.

§ 54-44.4-15.) CONTRACTOR represents that it does not and will not engage in a boycotting Israel during the term of this Contract. If STATE receives evidence that CONTRACTOR boycotts Israel, STATE shall determine whether the company boycotts Israel. The foregoing does not apply to contracts with a total value of less than $100,000 or if CONTRACTOR has fewer than ten full-time employees.

CONTRACTOR’s failure to comply with this section may be deemed a material breach by CONTRACTOR entitling STATE to terminate in accordance with the Termination for Cause section of this Contract.

STOP Lease and Services Agreement - Page 1 of 2 © Securus Technologies, Inc. - Proprietary & Confidential

EXHIBIT A

Base Pricing

Category Volume Tiers * Price

BLUTag 1+ $2.85 /day/unit

SoberTrack 1+ $3.75 /day/unit

BLUband 1+ $1.75 /day/unit

Optional Pricing Monitoring Center Services

1+ $.25 /day/unit

* - Average daily billable units per month

Provider provides Customer a shelf stock equal to 20% of the average daily activated units calculated at the end of the month. If the shelf stock exceeds 20%, Provider will charge Customer the per diem rate above for units in excess of 20% of the average daily activated units.

Dormancy:

Dormancy-for unassigned inventory, a device is considered dormant if it has not contacted (called into) the VeriTracksTM software in more than 30 days. It is the customer’s responsibility to ensure devices in inventory are plugged in at minimum every 30 days to maintain the device firmware and almanac. A monthly report is available to keep customers apprised of devices that are in the dormancy category. Devices that remain in the dormancy state past 90 days will be marked as unrecoverable and invoiced based on the terms set out in the Insurance and Replacement Cost section of this contract. Once devices are marked unrecoverable they are no longer usable and will need to be returned to the warehouse.

Insurance and Replacement Costs: In the event of damage to the unit caused by the tracked individuals or Customer, or if the unit is lost, the Customer will reimburse Provider based on the Replacement Cost listed below. In lieu of Customer paying for lost/damaged units, Customer may elect below to purchase insurance at the per diem rate noted below to provide no-deductible coverage up to 15% of the average daily units billed during the preceding twelve (12) months. Any lost or damaged units above this amount will be billed in accordance with the Replacement Cost below. Election for insurance coverage must be made at the beginning of the Agreement, and remains in effect during the term of the Agreement for all billable units. Regardless of whether insurance coverage is elected, Customer shall use its best efforts to recover all units on behalf of Provider. Provider may terminate this Agreement if lost or damaged units from this Agreement exceed 20% of the average daily units activated.

Insurance Cost $0.50 per day per device

STOP Lease and Services Agreement - Page 2 of 2 © Securus Technologies, Inc. - Proprietary & Confidential

Electing Insurance Coverage (must check one): __Yes X__No

Replacement Cost Part Description Quantity Replacement Cost1

1 BLUtag Unit 1 $ 225.00 2 BLUhome Unit (if applicable) 1 $ 250.00 3 BLUbox (if applicable) 1 $ 250.00 5 Straps and direct clips for BluTag® (set comprised of one strap and four clips) 9 per unit per year

$ 10.00

6 Charging Coupler for BLUtag/BLU+ 1 $ 25.00 7 BLUscan (if applicable) 1 $ 400.00 8 BLUband 1 $ 90.00 9 SoberTrack 1 $500.00

10 Installation Kit 1 $ 25.00 Note: 1 - Replacement only for lost and stolen units. Units are not available for purchase. Data and wireless plan included.

Training Pricing

One-time initial training and one-time annual refresher training is provided to the Customer at no additional cost.

Subsequent training costs are based on the following pricing based on average active devices:

1 – 10 Devices 11 – 30 Devices 31 - 100 Devices Over 100 Devices

$ 1,500.00 $ 1,000.00 $ 500.00 $ 200.00