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Home My WebLink AboutAgreement A-18-328-1 with Superior Court.pdfAgreement No . 18-328-1 10 -2017 -DBH-2 AMENDMENT 1 TO AGREEMENT 1 2 TH IS AMENDMENT , hereinafter referred to as "Amendment 1 ", is made and entered into 3 this 24th day of August , 2021 , by and between the COUNTY OF FRESNO , a Political 4 Subdivision of the State of Cal ifornia , hereinafter referred to as "COUNTY", and the SUPERIOR 5 COURT OF CALIFORNIA, COUNTY OF FRESNO, whose address is 1100 Van Ness , Fresno, 6 California 93721, hereinafter referred to as "COURT," collect ively , "the parties ." 7 WHEREAS , the parties entered into that certain Agreement , identified as COUNTY Agreement 8 No . 18-328/Court Agreement 10-2017-DBH , effective July 1, 2018 , whereby COURT agreed to 9 provide qualified personnel to provide mental health and substance use treatment services care 10 coordination , data gathering , program development , and case management in certain specialty 11 treatment courts ; and 12 WHEREAS , the parties desire to amend COUNTY Agreement No . 18-328, regarding changes 13 as stated below and restate the Agreement in its entirety . 14 NOW, THEREFORE , for good and valuable considera t ion , the receipt and adequacy of which 15 is hereby acknowledged, the parties agree to amend the Agreement as follows : 16 1 . That the COUNTY Agreement No. 18-328 , Section One (1) "OBLIGATIONS OF THE 17 COURT", on Page Two (2), beginning on Line Seventeen (17) with the word "The " and ending on 18 Page Three (3), Line Eleven (11) with the word "requirements " be deleted and replaced with the 19 following: 20 "A . COURT shall provide sufficient , qualified , and appropriate personnel , who may 21 be employees and/or subcontractors , to provide Court Coordinator services in certain specialty 22 treatment courts as outlined in Revised Exhibit A and Exhibit B, attached hereto and by this reference 23 incorporated herein. Said individuals will work at the main and/or juvenile courthouses between the 24 hours of 8 a.m. and 5 p.m., Monday through Friday, except COURT holidays and other closure days . 25 B. COURT shall provide sufficient , qualified, and appropriate personnel to facilitate 26 the process of planning, implementation and execution of Drug Court services as listed in Exhibit B, 27 attached hereto and by the reference incorporated herein. 28 C . COURT shall ensure that its personnel understand the confidentiality of the -1 -CD.NTYCF FltSf\O Fresno , CA Agt. 18-328-1 10-2017-DBH-2 COUNTY OF FRESNO Fresno, CA - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 information shared by the participants in the certain specialty treatment courts described in Revised Exhibit A and Exhibit B, and that its personnel execute and comply with the “Fresno County Confidentiality Requirements Acknowledgement and Agreement”, attached hereto as Exhibit C and incorporated herein by this reference. D. COURT shall ensure that its personnel align programs, services, and practices with the vision, mission, and guiding principles of the COUNTY’s DBH, as further described in Exhibit D, “Fresno County Department of Behavioral Health Guiding Principles of Care Delivery”, attached hereto and by this reference incorporated herein. E. COURT shall use its best efforts to keep COUNTY informed of the provisions of any laws, regulations, and local rules related to the provision of Court Coordinator services in certain specialty treatment courts, as described in Revised Exhibit A and Exhibit B, to ensure that COUNTY is aware of COURT’s compliance with these requirements.” 2. That the COUNTY Agreement No. 18-328, Section Two (2) “OBLIGATIONS OF THE COUNTY”, on Page Three (3), beginning on Line Fifteen (15) with the word “COUNTY’S” and ending on Page Three (3), Line Seventeen (17) with the word “requirements” be deleted and replaced with the following: “B. COUNTY’s DBH shall use its best efforts to keep COURT informed of the provisions of any laws and regulations related to the provision of Court Coordinator services in certain specialty treatment courts, as described in Revised Exhibit A and Exhibit B, and the adjudication of such persons to ensure that COURT is in compliance with these requirements.” 3. That the COUNTY Agreement No. 18-328, Section Five (5) “COMPENSATION”, on Page Four (4), beginning on Line Twenty One (21) with the word “BHC” and ending on Page Four (4), Line Twenty Four (24) with the word “Agreement” be deleted and replaced with the following: “A. Court Coordinator services in certain specialty treatment courts, as described in Revised Exhibit A and Exhibit B - COUNTY shall reimburse COURT the actual monthly amount COURT pays to provide Court Coordinator services in certain specialty treatment courts, as described in Revised Exhibit A and Exhibit B. Reimbursement is available only for activities delivered as required under this Agreement.” Agt. 18-328-1 10-2017-DBH-2 COUNTY OF FRESNO Fresno, CA - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the COUNTY Agreement No. 18-328, Section Six (6) “INVOICING”, on Page Six (6), beginning on Line Eight (8) with the word “BHC” and ending on Page Six (6), Line Thirteen (13) with the word “audits” be deleted and replaced with the following: “A. Court Coordinator services in certain specialty treatment courts, as described in Revised Exhibit A and Exhibit B - COURT shall invoice COUNTY’s DBH by the fifteenth (15th) day of each month for the prior month’s expenditures for Court Coordinator services provided in certain specialty treatment courts, as described in Revised Exhibit A and Exhibit B, electronically via email to DBHInvoices@fresnocountyca.gov, DBHInvoiceReview@fresnocountyca.gov and DBHContractedServicesDivision@fresnocountyca.gov. Said invoices shall include applicable supporting documentation in detail such as dates of services, hours, and amount(s) invoiced for the month for each specialty treatment court. Invoices shall be subject to County, State of California, and Federal audits.” 5. That the COUNTY Agreement No. 18-328, Section Eight (8) “MODIFICATION”, on Page Eight (8), beginning on Line Five (5) with the word “Notwithstanding” and ending on Page Eight (8), Line Seventeen (17) with the word “herein” be deleted and replaced with the following: “B. Notwithstanding the above, changes to services, staffing, and responsibilities of COURT, as needed, to accommodate changes in the laws relating to mental health and substance use disorder treatment, as set forth in Revised Exhibit A and Exhibit B, may be made with the signed written approval of COUNTY’s DBH Director or his or her designee and COURT through an amendment approved by County Counsel and the County’s Auditor-Controller/Treasurer-Tax Collector’s Office. It is understood any such additions will not affect compensation paid to the COURT under this Agreement. These same provisions shall apply to the addition or deletion of any specialty treatment courts contained in Revised Exhibit A. Changes to line items in the budget, as set forth in Exhibit E, as appropriate, that do not exceed ten percent (10%) of the program total maximum compensation payable to COURT, may be made with the written approval of COUNTY’s DBH Director, or his or her designee, and COURT. Said modifications shall not result in any change to the maximum compensation amount payable to COURT, as stated herein.” 6. That in the COUNTY Agreement No. 18-328, all references to “BHC, Drug Courts and Agt. 18-328-1 10-2017-DBH-2 COUNTY OF FRESNO Fresno, CA - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FDTC” shall be replaced with the text “certain specialty treatment courts as described in Revised Exhibit A and Exhibit B”. 7. That in the COUNTY Agreement No. 18-328, all references to “Exhibit A” shall be replaced with the text “Revised Exhibit A”. Revised Exhibit A is attached hereto and incorporated herein by this reference. 8. That the COUNTY Agreement No. 18-328, Section Eleven (11) “INSURANCE”, on Page Eleven (11), beginning on Line Six (6) with the word “In” and ending on Page Eleven (11), Line Fourteen (14) with the word “93703” be deleted and replaced with the following: “Additional Requirements Relating to Insurance COURT shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under COURT's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. COURT hereby waives its right to recover from COUNTY, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. COURT is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but COURT’s waiver of subrogation under this paragraph is effective whether or not COURT obtains such an endorsement. Within thirty (30) days from the date COURT signs and executes this Agreement, COURT shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Department of Behavioral Health, 3133 N. Millbrook Ave, Fresno, California, 93703, Attention: Adult Services Division, Forensic Behavioral Health Services Unit or electronically to dbhcontractedservicesdivision@fresnocountyca.gov with a copy to the assigned COUNTY’s DBH Staff Analyst, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any Agt. 18-328-1 10-2017-DBH-2 COUNTY OF FRESNO Fresno, CA - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under COURTS's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event the COURT fails to keep in effect at all times insurance coverage as herein provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such an event.” COUNTY and COURT agree that this Amendment 1 is sufficient to amend the Agreement and, that upon execution of this Amendment 1, the Agreement and Amendment 1 together shall be considered the Agreement. The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants, conditions, and promises contained in the Agreement and not amended herein shall remain in full force and effect. /// /// /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agt . 1 8-328 10 -2017 -DBH -2 IN WITNESS WHEREOF , the parties hereto have executed this Amendment I to COUNTY Agreement No . 18-328 as of the day and year first hereinabove written . COURT SUPERIOR COURT QF CALIFORNIA cor-f:r OF FR~f l ~ 1~l ~ri nl:. Arlan L. Harrell, Presiding Jud e MAILING ADDRESS: 1100 Van Ness Avenue Fresno , Californ ia 93724-0002 Phone No .: (559) 457-2010 Contact: Court Executive Officer FOR ACCOUNTING USE ONLY: Department of Behavioral Health Fund/Subclass: 0001/10000 Org No .: 56304710, 56302091 Account No .: 7295 Superior Court Fund/Subclass : 0001/10000 Org No.: 34309999 COUNTY OF FRESNO ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California By : _ __,_(i~"-'· . __ J __:L===,•A--~-- Deputy U -6 -COUNTY OF FRESNO Fresno, CA