HomeMy WebLinkAboutAgreement A-24-487 Amendment to Agreement with Superior Court.pdf SUPERIOR COURT OF CALIFORNIA,COUNTY OF FRESNO
Agreement No. 24-487
STANDARD AMENDMENT
AGREEMENT NUMBER
10-2020-DUI-4
1. All capitalized terms have the meanings given to them in Agreement 10-2020-DUI-0, between County
of Fresno ("County") and Superior Court of California, County of Fresno ("Court").
2. The Parties agree to Amend the Agreement as follows:
A. The Agreement is extended for the period 10/1/24 through 9/30/25 with a maximum amount Not
To Exceed $390,697.00.
B. Contract Page 2, Appendix A, Scope of Services is deleted in its entirety and replaced with the
attached.
C. Contract Page 5, Section 2 of Appendix B, Compensation for Services is deleted in its entirety and
replaced with:
"Amount. Contractor will invoice the Court for Actual Services that are performed pursuant to this
agreement; those annual amounts Not To Exceed:
De artment of Behavioral Health DBH $186,035.00
Community Mental Health Specialist -Salary $29,756.00
Community Mental Health Specialist-Benefits $22,763.00
Substance Abuse Specialist-Salary $73,61 1.00
Substance Abuse Specialist- Benefits $59,905.00
Probation Department $204,662.00
Deputy Probation Officer-Salary $106,517.00
Deputy Probation Officer- Benefits $98,145.00
It is understood that DBH staffing will include one part-time CMHS and one full-time SAS.
Probation staffing will include two full-time DPOs. Invoices must comply with grantor requirements
in terms of detail included."
3. All terms and conditions of the original Agreement (as previously amended, if applicable) remain in full
force and effect.
COURT'S SIGNATURE CONTRACTOR'S SIGNATURE
JBE'S NAME CONTRACTOR'S NAME (if Contractor is not an individual person,state whether
Contractor is a corporation,partnership,etc.,and the state or territory where
Contractoris organized)
Superior Court of California, County of Fresno County of Fresno
BY(Authorized ignature) BY(Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PPEERSONSIGNING
Houry A. Sanderson, Presiding Judge Nathan Magsig, Chairman
Board of Supervisors
DATE August 13, 2024 DATE September 10, 2024
ATTEST:
ADDRESS ADDRESS BERNICE E.SEIDEL
1100 Van Ness Avenue 2281 Tulare Street Clerk of the Board of Supervisors
Fresno, CA 93724 Fresno CA 93721 County of Fresno,State of California
By_^�`��� ��Deputy
APPENDIX A
Scope of Services
1. Background and Purpose. Fresno County has a high number of Driving While Impaired (DWI)
or Driving under Intoxication (DUI) cases. In order to prevent recidivism,the court hopes to provide
treatment rather than simply incarceration for defendants in these cases. Defendants who wish
to enter DUI Treatment Court must agree to plead guilty or no contest to their DUI criminal charges.
Once the court accepts their pleas,defendants are sentenced and enter the DUI Treatment Court
program in lieu of incarceration.
The DUI Treatment Court program will take a minimum of 12 months and consist of two tracks,
during which participants attend court regularly,engage in substance use disorder treatment and
mental health therapy, as needed, attend self-help groups such as Narcotics
Anonymous/Alcoholics Anonymous, check in with their probation officers regularly, and
participate in frequent drug testing. The frequency of treatment sessions and court appearances
in each track is based on the individual participant's progress or relapse.
The Court and County will each provide staff to assist in the success of this treatment court. The
Court will provide one part-time staff, the DUI Court Coordinator. The County Department of
Behavioral Health (DBH) will provide one part-time Community Mental Health Specialist and one
full-time Substance Abuse Specialist. The Probation Department will provide two full-time Deputy
Probation Officers. Probation Department staff will report directly to the Assistant Deputy Chief
Probation Officer of the Drug Suppression Unit and the Adult Probation Services Deputy Chief
Probation Officer.
2. Services.
2.1 Description of Services. The services ("Services") will be as detailed below, listed by staff
responsibilities.
Contractor shall perform the following Services:
A. The DBH Case Management staff shall be responsible for:
• Assisting participants in removing any barriers to achieving sobriety and meeting
the many requirements of participating in the DUI court;
• Administering the DUI-RANT (Risk And Needs Triage) assessment tool to determine
participants' treatment, social service, transportation, and other needs;
• Actively engaging and maintaining court participants and their families in
restorative services;
• Working with the court Coordinator and the Deputy Probation Officer to keep the
DUI court continuously apprised of participants' status;
• Conducting court intakes and substance use screens for new participants entering
the DUI Court;
• Coordinating referrals to mental health and substance use treatment,wrap around
services, and other supportive programs as necessary;
• Attending and participating in DUI Court review hearings and staffings;
• Participating in court development activities that increase access, build capacity
and remove barriers for DUI Court participants that need substance use disorder
and mental health rehabilitative treatment and support services;
• Establishing and maintaining confidential electronic, web-based or hard copy
case files for DUI Court participants for purposes of case management and
outcome tracking;
• Providing written results to Court from the DUI-RANT assessment tool;
• Monitoring emailed reports for compliance with abstinence from drug and alcohol
use through the use of an alcohol monitoring device. Collaborating with Probation
and the Court on remediation strategies for non-compliance;
• Providing post-graduation resources and linkages to aftercare services to ensure
that graduates can continue using community programs to assist with housing,job
search/training and improved family relationships.
B. The assigned Deputy Probation Officer ("DPO") staff will be responsible for conducting
the probation supervision aspect of the DUI treatment court. The DPO staff shall be
responsible for the following Services:
• Monitoring activities and whereabouts of program participants and other pertinent
information;
• Participating in DUI Court activities and meetings;
• Working in collaboration with local law enforcement agencies, other
governmental agencies, and community-based organizations;
• Representing the Probation Department in court proceedings;
• Preparing court reports, correspondence, and maintaining Probation records;
• Acting as a resource or source of support to program participants and providing
informal counseling and guidance;
• Installing and supervising participants on alcohol monitoring equipment;
• Testing participants for substance use as necessary;
• Conducting field work including home contacts, searches, warrant service, and
multi-agency operations;
• Enforcing the orders of the Court and conditions of probation, including using
sanctions and rewards correlating to participant compliance;
• Monitoring compliance with abstinence from drug and alcohol use through the
use of an alcohol monitoring device, as agreed upon by the collaborative team;
• Monitor compliance with court ordered home detention through the use of GPS
(Global Positioning System) as agreed upon by the collaborative team; and
• Conducting related work as directed by the Chief Probation Officer or designee.
2.2 Description of Deliverables. Contractor shall deliver to the Court the following work
products ("Deliverables"):
• DUI-RANT results (Case Management staff)
• Quarterly reports on aftercare participation and referrals offered to participants
(Case Management staff)
• Reports of Violations of Probation (DPO)
• Other written reports the Court deems necessary for the participant's success in the
program.
2.3 Acceptance Criteria. The Services and Deliverables must meet the following acceptance
criteria or the Court may reject the applicable Services or Deliverables. Contractor will not
be paid for any rejected Services or Deliverables.
• Contractor will attend all meetings and court dates, as scheduled, as well as report
on the Services as provided above (Services);
• Contractor shall ensure only those staff that are assigned duties per this Agreement
actually perform those duties. Contractor shall provide written notice to the Court of
any changes to the staff assigned; and
• Contractor shall provide written reports by due dates (Deliverable), as required by
the Court.
2.4 Project Managers. The Court's project manager is: Giovanna Morfin-Treyes, DUI Court
Coordinator. The Court may change its project manager at any time upon notice to
Contractor without need for an amendment to this Agreement. Contractor's project
managers are: the Director of the Department of Behavioral Health and the Chief
Probation Officer. Subject to written approval by the Court, Contractor may change its
project manager without need for an amendment to this Agreement.
2.5 Service Warranties. Contractor warrants that: (i) the Services will be rendered with
promptness and diligence and will be executed in a workmanlike manner,in accordance
with the practices and professional standards used in well-managed operations
performing services similar to the Services; and (ii) Contractor will perform the Services in
the most cost-effective manner consistent with the required level of quality and
performance. Contractor warrants that each Deliverable will conform to and be
performed in accordance with the requirements of this Agreement and all applicable
specifications and documentation.
2.6 Resources. Contractor is responsible for providing any and all facilities, materials and
resources (including personnel, equipment and software) necessary and appropriate for
performance of the Services and to meet Contractor's obligations under this Agreement.
2.7 Commencement of Performance. This Agreement is of no force and effect until signed by
both parties and all Court required approvals are secured. Any commencement of
performance prior to Agreement approval shall be at Contractor's own risk.
3. Acceptance or Rejection. All Services and Deliverables are subject to acceptance by the
Court. The Court may reject any Services or Deliverables that (i) fail to meet applicable
acceptance criteria, (ii) are not as warranted, or (iii) are performed or delivered late (without
prior consent by the Court). If the Court rejects any Service or Deliverable (other than for late
performance or delivery), Contractor shall modify such rejected Service or Deliverable at no
expense to the Court to correct the relevant deficiencies and shall redeliver such Service or
Deliverable to the Court within ten (10) business days after the Court's rejection, unless
otherwise agreed in writing by the Court. Thereafter, the parties shall repeat the process set
forth in this section until the Court accepts such corrected Service or Deliverable.
4. Federal Contract Requirements. During the performance of this contract/funding
agreement, the contractor/funding recipient agrees-
a. To comply with all Federal nondiscrimination laws and regulations, as may be
amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal
non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and
herein;
c. To permit access to its books, records, accounts, other sources of information, and its
facilities as required by the State highway safety office, US DOT or NHTSA;
d. That,in event a contractor/funding recipient fails to comply with any nondiscrimination
provisions in this contract/funding agreement, the State highway safety agency will
have the right to impose such contract/agreement sanctions as it or NHTSA determine
are appropriate, including but not limited to withholding payments to the
contractor/funding recipient under the contract/agreement until the
contractor/funding recipient complies; and/or canceling, terminating, or suspending
a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) thru (e), in every subcontract and sub
agreement and in every solicitation for a subcontract or sub-agreement,that receives
Federal funds under this program.
For accounting use only:
Org No.: 34321980
Account No.: 4895
Fund No.: 0001
Subclass: 10000