HomeMy WebLinkAboutAgreement A-13-393-2 with Turning Point of Central California.pdfCOUNTY OF FRESNO
Fresno, CA
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AMENDMENT II TO AGREEMENT
THIS AMENDMENT, hereinafter referred to as “Amendment II”, is made and entered into this
____ day of __________, 2016, by and between the COUNTY OF FRESNO, a Political Subdivision
of the State of California, hereinafter referred to as “COUNTY”, and TURNING POINT OF
CENTRAL CALIFORNIA, INC., a private non-profit, 501 (c)(3) Corporation, whose address is
P.O. Box 7447, Visalia, California 93290, hereinafter referred to as “CONTRACTOR” (collectively
as the “parties).
WHEREAS the parties entered into that certain Agreement, identified as COUNTY Agreement
No. 13-393, effective June 18, 2013 and COUNTY Agreement No. 13-393-1, effective June 16, 2015,
(hereinafter collectively referred to as COUNTY Agreement No. 13-393), whereby CONTRACTOR
agreed to operate a Rural Full-Service Partnership (FSP) program, an Intensive Case Management
(ICM) program, and an Outpatient (OP) mental health program for children, adult and older adult
clients who have serious emotional disturbance and/or serious and persistent mental illness in
Pinedale, Sanger, Reedley, Selma, Kerman, and Coalinga and other rural sites as may be needed; and
WHEREAS, CONTRACTOR has requested greater access to the COUNTY’s Department of
Behavioral Health (DBH) electronic health record system (Avatar); and
WHEREAS, COUNTY, through DBH, is willing to provide CONTRACTOR with greater
access to its electronic health record system; and
WHEREAS the parties desire to amend COUNTY Agreement No. 13-393, regarding changes as
stated below and restate the Agreement in its entirety.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. CONTRACTOR may maintain its records in COUNTY’s Electronic Health Record
(EHR) s ystem (Avatar) in accordance with Exhibit E, “Documentation Standards for Client Records,”
beginning February 1, 2016. The client record shall begin with registration and intake and include
client authorizations, assessments, plans of care, and progress notes, as well as other documents as
approved by the County’s DBH. COUNTY shall be allowed to review records of services provided,
including the goals and objectives of the treatment plan, and how the therapy provided is achieving the
COUNTY OF FRESNO
Fresno, CA
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goals and objectives. If CONTRACTOR determines to maintain its records in AVATAR, it shall
provide COUNTY’s DBH Director, or designee, with a 30-day notice. If at any time CONTRACTOR
chooses not to maintain its records in AVATAR, it shall provide COUNTY’S DBH Director, or
designee, with a 30-day notice and CONTRACTOR will be responsible for obtaining its own system,
at its own cost, for Electronic Health Records management.
A. Disclaimer
COUNTY makes no warranty or representation that information entered into the
COUNTY’s EHR system by CONTRACTOR will be accurate, adequate or satisfactory for
CONTRACTOR’s own purposes or that any information in CONTRACTOR’s possession or control,
or transmitted or received by CONTRACTOR, is or will be secure from unauthorized access, viewing,
use, disclosure, or breach. CONTRACTOR is solely responsible for client information entered by
CONTRACTOR into the COUNTY’s EHR system. CONTRACTOR agrees that all Private Health
Information (PHI) maintained by CONTRACTOR in COUNTY’s EHR system will be maintained in
conformance with all HIPAA laws, as stated in Section Nineteen (19), “Health Insurance Portability
and Accountability Act.”
2. COUNTY’s DBH shall invoice CONTRACTOR in arrears by the fifth (5th) day of each
month for the prior months hosting fee for access to Avatar in accordance with the fee schedule as set
forth in Exhibit L, “Electronic Health Records Software Charges” attached hereto and incorporated
herein by reference. COUNTY shall invoice CONTRACTOR annually for the annual maintenance
and licensing fee for access to AVATAR in accordance with the fee schedule as set forth in Exhibit L.
COUNTY shall invoice CONTRACTOR annually for the Reaching Recovery fee for access to
AVATAR in accordance with the fee schedule as set forth in Exhibit L. CONTRACTOR shall
provide payment for these expenditures to COUNTY’s Fresno County Department of Behavioral
Health, Accounts Receivable, P.O. Box 712, Fresno, Ca. 93717-0712, Attention: Business Office,
within forty-five (45) days after the date of receipt by CONTRACTOR of the invoicing provided by
COUNTY.”
3. That a new “Exhibit L” is attached hereto and incorporated herein by this reference.
4. That the existing COUNTY Agreement No. 13-393, Page Eight (8), Line Twenty-Two
COUNTY OF FRESNO
Fresno, CA
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(22) beginning with the word “CONTRACTOR” and ending on Page Eight (8), Line Twenty-Four
(24) with the word “salaries” be deleted in its entirety.
5. That the existing COUNTY Agreement No. 13-393, Section Seven (7), Page Eleven
(11), Line Eighteen (18) with the word “Notwithstanding” and ending on Page Eleven (11), Line
Twenty-Two (22) with the word “herein” be deleted and the following inserted in its place:
“Notwithstanding the above, changes to services as needed to accommodate changes in
the law relating to mental health and substance use disorder treatment, as set forth in Exhibit A, may
be made with the signed written approval of COUNTY’s DBH Director, or designee, and
CONTRACTOR through an amendment approved by County Counsel and Auditor. Changes to line
items in the individual program budgets, as set forth in Revised Exhibit C, that do not exceed 10% of
the maximum compensation payable to the CONTRACTOR and movement of funds between the FSP,
ICM and OP program budgets that do not exceed 10% of the maximum compensation payable to the
CONTRACTOR, may be made with the written approval of COUNTY’s DBH Director, or designee,
and CONTRACTOR. Changes to the line items in the individual program budgets that exceed 10% of
the maximum compensation payable to the CONTRACTOR and movement of funds between the FSP,
ICM and OP program budgets that exceed 10% of the maximum compensation payable to the
CONTRACTOR, may be made with the signed written approval of COUNTY’s DBH Director, or
designee, and CONTRACTOR through an amendment approved by County Counsel and Auditor.
Said budget line item changes shall not result in any change to the annual maximum compensation
amount payable to CONTRACTOR, as stated in this Agreement.”
6. COUNTY and CONTRACTOR agree that this Amendment II is sufficient to amend the
Agreement; and that upon execution of this Amendment II, the Agreement and Amendment I 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. This Amendment II shall become effective upon execution by all parties.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment II to Agreement
2 No. 13-393 as of the day and year first hereinabove written.
3
4 ATIEST:
5
6 CONTRACTOR:
TURNING POINT OF
7 CENTRAL CALIFORNIA, INC.
8
9 By ________________________ __
10 Print Name: ________________ __
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i
Title: ______________________ _
Chairman ofBoard, or
President, or any Vice President
By ______________________ _
Print Name: __________________ _
Title: ______________________ _
Secretary (of Corporation), or
any Assistant Secretary, or
ChiefFinancial Officer, or
any Assistant Treasurer
Mailing Address:
P.O. Box 7447
Visalia, CA 93290-7447
Phone No.: (559) 732-8086 Ext. 140
Contact: ChiefExecutive Officer
COUNTY OF FRESNO
ByE,. it":~~
Chairman, Board of Supervisors
Date:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
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COUNTY OF FRESNO
Fresno, CA
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,AP,PRQVED AS TO LEGAL FOitM:
DANIEL G. dEDERBbR.G; 'COUNTY COUNSEL
4 a:y·~-:::n=-~¥!7!~~q.,.l++b"-J~'$LF----F-'
5
6 APPRO .EDAS TO.ACCOUNTING FO
VICKi-CROW, C.P.A., AUQITOR-CONTROLLER/
7 TREASURER:-TAX COLLECTOR
By __ J--=-·J_u~--~-, ~=--· t_v __ _
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REYJEWED AND RECOMMENDED FOR APPROVAL:
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By--=:-:--_!.,~_--::· . -=-·. ---:-.0Ld.A:--.. -=·· L-,-,-·· ~--_· _·_. _·. _· --
Dawan Utecht, Director
I)epartmerit of Behavioral Health
Fiirtd/Sul;Jdass:
Accourit/Progtain:
0001/IQOOO
72.94/0.
OrganiZations: 59304527,,56304528, 56304529
·or4527
IGM4528
FSP4529
Tot~l
FY 13-14
$593,88')
$2,-770,327
$i.s73.rs7
$4,937,399
FY 14-15
'$88~;555
$2,999,307
$1.050,538
FY JS-16
$883,512
$3,971,335:
$1;619,358
$6,474,205
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FY 16-'t '7
$883512 ,, 1, '
$3,971,335
$1;619,358
$6,474,205
FY 17-18
$883,512
$3,971;335
$1.619.3:5.8
$6,474,205
Total.
$4,hi,97~
$-17;683;639
$7.48t799·
·COUNTY OE'' FRESNO
·":Elr~5no~ cA
Exhibit L
Page 1 of 1
Electronic Health Records Software Charges
CONTRACTOR understands that COUNTY utilizes Netsmart’s Avatar for its Electronic Health Records management.
CONTRACTOR agrees to reimburse COUNTY for all user license fees for accessing Netsmart’s Avatar, as set forth below:
Estimated Fee Per Fiscal Year
Description Effective Fee Per
User
Est.
Quantity
of Users
FY 15-16
(February 1
– June 30)
FY 16-17 FY 17-18
NetSmart Avatar Monthly
Hosting Service
(per named user per month)
02/01/2016 $37.00 153 $28,305.00 $67,932.00 $67,932.00
NetSmart Avatar Annual
Maintenance/License
(per named license per year)
02/01/2016 $249.95* 153 $15,934.31 $39,389.62 $40,571.31
OrderConnect License 1 (per
named license per year) 02/01/2016 $1,278.00 10 $12,780.00 $12,780.00 $12,780.00
Reaching Recovery Upon first
use of tools $10.00 2,500 $25,000.00 $25,000.00 $25,000.00
Estimated Total Per Fiscal Year $82,019.31 $145,101.62 $146,283.31
*Annual maintenance increases 3% each FY on July 1st
Should CONTRACTOR choose not to utilize Netsmart’s Avatar for its Electronic Health Records management, CONTRACTOR will
be responsible for obtaining its own system for Electronic Health Records management.
1 Includes 100 faxed pages per month. An additional fee of $0.20 per faxed page will apply, thereafter.