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Home My WebLink About32359COUNTY OF FRESNO Fresno, CA -1 - 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 AMENDMENT I TO AGREEMENT THIS AMENDMENT, hereinafter referred to as “Amendment I”, 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. 15-215, effective July 1, 2015, whereby CONTRACTOR agreed to operate a Full-Service Partnership (FSP) program to provide comprehensive mental health services, housing, and community supports to adults and older adults with a serious mental illness (SMI); 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. 15-215, 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 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 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 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 O, “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 O. 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 O. 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 O” is attached hereto and incorporated herein by this reference. 4. That the existing COUNTY Agreement No. 15-215, page Thirteen (13), beginning with Line Seven (7), with the word “Notwithstanding” and ending on Page Thirteen (13), Line Thirteen (13) 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 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 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 budget, as set forth in Exhibit C, 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 line items in the budget 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 I is sufficient to amend the Agreement; and that upon execution of this Amendment I, 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 I shall become effective upon execution by all parties. /// /// /// /// /// /// /// /// /// /// /// 1 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I to Agreement No. 15-215 as ofthe day and year first hereinabove written. 3 4 ATTEST: 5 6 CONTRACTOR: TURNING POINT OF 7 CENTRAL CALIFORNIA, INC. 8 9 By ________________________ ___ 10 Print Name: ------------------ 11 Title: -----------------------12 Chairman ofBoard, or President, or any Vice President 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 By£_ J!-~~~ Chairman, Board of Sup rvtsors Date: BERNICE E. SEIDEL, Clerk Board of Supervisors I PLEASE SEE ADDITIONAL SIGNATURE PAGE ATTACHED - 4 - COUNTY OF FRESNO Fresno, CA 1 AePR()VED AS TO LEGAL FQRM: 2 DANIEL C.CEDERBORG, COUNTY COUNSEL 4 B'y ~=-f.-,-~--'L...:>=.\~-=-.!l...L!f:-+-J-=~-+--- 5 6 APPR VEDAS TO·ACCOl) · VICKlCROW, C.P.A,AUDI -CONTROLLER/ 7 TREASl]R,E,R-TAX COLLECTOR 8 9 10 11 12 13 14 15 16 17 18 l9 20 2.1 22 2.3 24 2? 28 vO~' ell~ By ___ ~---------- REVIEWED AND RECOMMENDED FOR APPROVAL: By---,----....!...~.2....__--~-· -'-'· _· _··· _·_ Da;w<m. Uteeht, Director Departni.ent ofBehaviora,l Health :Fund/Subcla.ss: Acc_olJ.nt!J>rogram:. Organization: Fiscai'Year (FY) FY'2015~l6 FY2M6~t7 F¥2017;.18. FY2018~19 F¥'2019~20 0001/1000.0 7294/0 56304531 Program Cost $4,Ll3,122 $4,094,147 $4,094,147 '$4,215,259 $4,3'36,371 -5 -C0UNTcY of FRE:SN6' Fl::esri6, CA Exhibit O 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 FY 18-19 FY 19-20 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 $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 $41,788.45 $43,042.10 OrderConnect License 1 (per named license per year) 02/01/2016 $1,278.00 10 $12,780.00 $12,780.00 $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 $25,000.00 $25,000.00 Estimated Total Per Fiscal Year $82,019.31 $145,101.62 $146,283.31 $147,500.45 $148.754.10 *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.