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Home My WebLink About32477COUNTY 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 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 - 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 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 - 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 (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. /// /// 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: ________________ __ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 - 4 - COUNTY OF FRESNO Fresno, CA 1 2 3 ,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 __ _ .8 9 10 11' REYJEWED AND RECOMMENDED FOR APPROVAL: 1.~ 13 14 15' 16: 17 18· 19 -20 21 25 26 .28 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 -5 - 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.