HomeMy WebLinkAboutAgreement A-17-121-1 with Promesa Behavioral Health Inc..pdf Agreement No. 17-121-1
1 AMENDMENT I TO AGREEMENT
2 THIS AMENDMENT is made and entered into this 20th day of June , 2017,
3 by and between the COUNTY OF FRESNO, a political subdivision of the State of California,
4 hereinafter referred to as "COUNTY", and Promesa Behavioral Health, a California Corporation,
5 whose remit to address is 7120 N. Marks Avenue, Suite 110, Fresno, CA 93711, herein referred to as
6 "PROVIDER".
7 WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement
8 No. A-17-121, effective April 4, 2017, hereafter referred to as the Agreement; and
9 WHEREAS the parties desire to amend the Agreement, regarding changes as stated below and
10 restate the Agreement in its entirety.
11 NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions,
12 hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows:
13 1. That the following paragraphs are being added to the Agreement as Paragraphs Fifty-Two
14 (52) and Fifty-Three (53) on Page Forty (40), beginning on Line Ten (10):
15 "52. RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES
16 PROVIDER shall adhere to the State-County Contract requirement that no funds shall be
17 used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any
18 illegal drug unless the DHCS chooses to implement a demonstration syringe services program for
19 intravenous drug users.
20 53. CONFIDENTIALITY OATH
21 PROVIDER shall ensure that all of its employees sign a written confidentiality oath, attached
22 hereto as Exhibit K, before they begin employment with PROVIDER and shall renew said document
23 annually thereafter. PROVIDER shall retain each employee's written confidentiality oath for COUNTY
24 and DHCS inspection for a period of six(6)years following the termination of this agreement."
25 2. That the remaining Paragraph, Paragraph 52 "ENTIRE AGREEMENT", in the original
26 Agreement No. 17-121 at Page Forty (4), beginning on Line Ten(10) shall be re-numbered sequentially
27 to read as Paragraph Fifty-Four(54).
28 3. COUNTY and CONTRACTOR agree that this Amendment I is sufficient to amend Agreement
1 - COUNTY OF FRESNO
Fresno, CA
1 No. 17-121 and Amendment I together with the Agreement shall be considered the Agreement.
2 4. The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
3 covenants, conditions, and promises contained in the Agreement and not amended herein shall remain in
4 full force and effect. This Amendment I shall be effective July 1, 2017.
5
6
8
9 ///
10
11
12
13
14 1/l
15
16
17 /lI
18
19
20
21
22
23
24
25
26
27
28
2 - COUNTY OF FRESNO
Fresno, CA
ii
1 IN WITNESS WHEREOF,the parties hereto have executed this Amendment I to Agreement No.
2 A-16-295 as of the day and year first hereinabove written.
3
4 ATTEST:
5
6 PROVIDER:
PROMESA BEHAVIORAL HEALTH COUNTY OF FRESNO
7
8 �..9 BY;//�u:+�td�i� BY
Brian Pacheco, Chairman
10 // Board of Supervisors
Print Name:A CN AE I-Ag l41yaut L
11
12 Title: "-&7 Date:
Chairman of the Board, or
13 President, or any Vice President
14
15
BERNICE E. SEIDEL, Clerk
16 Board of Supervisors
17 By f, ttilX,►,nicA, OfYvej4- By ��Sl'�,n�. E I �"'
18 cc ti4 /� Te-pL- `I
19 Print Name: �) Lkar x jpgt/lf— Date: Lo - a-D - 7
20 Title: ` ,".--o��r2
21 Secretary of Corporation,
any Assistant Secretary, or
22 Chief Financial Officer, or
23 Assistant Treasurer
24
25
26
27
28
- 3 - COUNTY OF FRESNO
Fresno, CA
1 APPROVED AS TO LEGAL FORM:
DANIEL CEDERBORG, COUNTY COUNSEL
2
3 BY g ;
4
6d/_"V'
5
Date:
6
7 OSCAR J. GARCIA, C.P.A., AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
8
9 BY
10
11 Date:
12
13 REVIEWED AND RECOMMENDED FOR
APPROVAL:
14
15 BY Ate-
16 Dawan Utecht, Director
Department of Behavioral Health
17 f
18 Date: t R/1'7
19
20 The following is for COUNTY's use:
21 Fund/Subclass: 0001/10000
22
Organization: 56302081
23
24 Account/Program: 7295/0
25
26
27
jc
28
- 4 - COUNTY OF FRESNO
Fresno, CA
� co��
County of Fresno
DEPARTMENT OF BEHAVIORAL HEALTH
O =w0
DAWAN UTECHT
DIRECTOR
EXHIBIT K
PRIVACY AND SECURITY AGREEMENT REGARDING AUTHORIZED ACCESS TO
CONFIDENTIAL PROTECTED HEALTH INFORMATION FOR FRESNO COUNTY DEPARTMENT
OF BEHAVIORAL HEALTH(DBH)EMPLOYEES AND/OR NON-DBH SUD SERVICES
WORKFORCE MEMBERS
OATH OF CONFIDENTIALITY
As a condition of obtaining acc ss to any Protee4ed Health Information(PHI)that is necessary to carry
out my function with DBH, I -- � c �' ,agree to not divulge any PHI to
unauthorized persons. Furthermore,I maintain thael will not publish or otherwise make public any
information regarding persons who receive Substance Use Disorder Services such that the persons who
receive or have received such services are identifiable.
Access to such data shall be limited to Fresno County DBH personnel,subcontractors,and
subcontractors' personnel who require this information in the performance of their duties and have signed
an Oath of Confidentiality with DBH.
By signing this oath,I agree to uphold the security and confidentiality requirements outlined by the Medi-
Cal Privacy and Security Agreement signed by DBH, surveillance and safeguarding announcements
issued by DHCS, and other applicable terms and stipulations provided by the HIPAA doctrine as well as
other relevant state and federal regulations.
I hereby certify my understanding of the need to:
1. Exercise due care to preserve data integrity and confidentiality.
2. Treat passwords and user accounts as confidential information.
3. Take reasonable precautions to ensure the protection of PHI from unauthorized access.
4. Notify CMHDMEDS@dhcs.ca.gov and iso@dhcs.ca.gov of a possible security violation
including unauthorized access to PHI.
I recognize that unauthorized release of confidential information may make me subject to civil and
criminal sanctions pursuant to the provisions of the Welfare and Institutions Code Section 14100.2,
Welfare and Institutions Code Section 5328 et seq. and the Health Insurance Portability and
Accountability Act of 1996(HIPAA). I further acknowledge that the unauthorized release of confidential
information as described in this document may result in disciplinary action up to and including
termination of any office of employment or contract.
Agency Name
Si re: Date:
3133 N Millbrook,Fresno,California 93703
FAX(559)600-7673 www.co.fresno.ca.us
The County of Fresno is an Equal Employment Opportunity Employer