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Home My WebLink About32478COUNTY 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. 13-273, effective May 21, 2013, he reinafter referred to as “Agreement”, whereby CONTRACTOR agreed to operate a Mental Health Services Act (MHSA) Transition Age Youth (TAY) Mental Health Services & Supports & Housing Services program to deliver integrated mental health and supportive housing services to Transition Age Youth, ages 16 to 25 years, who are aging out of Children’s Mental Health and require on-going services, who have a serious mental illness, and who are aging out of Juvenile Justice System, and are at risk of being hospitalized, homeless, and/or incarcerated; 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. 13-273, 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 F, “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, 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 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 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 M, “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 M. 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 M. 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 M” is attached hereto and incorporated herein by this reference. 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 4. That the existing COUNTY Agreement No. 13-273, Page Six (6), beginning with Line Eight (8), with the word “CONTRACTOR” and ending on Page Six (6), Line Eleven (11) with the word “I.” be deleted in its entirety and the following section shall be re-lettered to read Section H. 5. That the existing COUNTY Agreement No. 13-273, Page Ten (10), beginning with Line Fifteen (15), with the word “Notwithstanding” and ending on Page Ten (10), Line Nineteen (19) 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 budget, as set forth in Exhibit D, that do not exceed 10% of the maximum compensation payable to CONTRACTOR, may be made with the written approval of COUNTY’s DBH Director, or designee, and CONTRACTOR. Changes to the 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 the 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 IN WITNESS WHEREOF; the. parties hereto have executed this Amendment Ito Agreement 2 No. 13-273 as of the day and year first hereinabove written. 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 ATTEST: CONTRACT()!{: TURNING POlNT ()F CENTRAL CALIFORNIA, INC. By~~~=------._;_____· Pri11t Name.eAY~£? r9tfbVK;;; COUNTY OF FRESNO By.~ fb:--¢:;k~ Cha1rman, Board of SupetviSOrs Title: Cb;ee?= bMc,t%1& cJI1;=£c.ER-. Date: Ch~inilan of.Board, or" President, oranyVice President dZ-d -/& PrintName:. _2~_::;__:_.:....:uc..::· ·~.:_;e....:....:· ___;7;__,·1!-v-f...A...;_~"--.· __ ; ·T···1· &r-.o 1t e:. . . Secretary (ofCo:rporation); or any Assist~]}t Secretary, or ChiefFinancial Officer, or any Assistant Treasutet Maili11g Address: P.O. Box 7447 Visalia, CA 93290·7447 Phone:: No.: (559) 732-8086 Ext. 140 Contact: Chief Executive Officer BERNICE E. SEIPEL, Clerk Board of Supervisors PLEASE SEE ADDITIONAL SIGNATURKPAGE ATTACHED - 4 - .COQNTY Of FRE$NO Fresno, C!>. Exhibit M 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.