Agenda - 09-20-2018 8-g - Health Services Agreement Amendments for the Orange County Detention Center

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20 AMENDMENT #2 TO HEALTH SERVICES AGREEMENT This AMENDMENT #2, to Health Services Agreement dated August 18, 2009, between Orange County, North Carolina (hereinafter referred to as "County ", and Southern Health Partners, Inc., a Delaware Corporation, (hereinafter referred to as "SHP "), with services commencing on September 1, 2009, is entered into as of this day of 2018. WITNESSETH: WHEREAS, County and SHP desire to amend the Health Services Agreement dated August 18, 2009, between County and SHP. NOW THEREFORE, in consideration of the covenants and promises hereinafter made, the parties hereto agree to the following amended terms effective October 15, 2018: Section 1.2 is hereby amended in part with new language and inserted as a third and fourth paragraph as follows: Should new legislation require substantial or new medical directives to SHP in the provision of services under this Agreement, SHP will not be financially responsible for changes to its program, rather SHP would have the ability to seek from the County any additional monies to fund such directives. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Section 1.5 is hereby amended in part with new language and inserted as a third paragraph as follows: For all invoices payable to SHP as reimbursement for pool excess costs, such amounts shall be payable by County within thirty days of the SHP invoice date. SHP will allow a grace period of up to sixty days from the date of invoice, and will thereafter apply a late fee of two percent (2 %) on the balance each month until SHP has been reimbursed in full. Section 2.1 is hereby amended in part with new language and first paragraph is replaced in its entirety by the following: 2.1 Staffing. SHP shall provide medical and support personnel reasonably necessary for the rendering of health care services to inmates at the Jail as described in and required by this Agreement. Effective October 15, 2018, County acknowledges that SHP will provide on -site staffing coverage averaging one hundred twenty -six (126) hours per week, according to a regular schedule of eighteen (18) hours per day, seven (7) days per week. Staffing hours worked in excess of this contracted staffing plan, not to include SHP training hours, may be billed back to the County on a monthly basis, at the actual wage and benefit rate, for staffing services performed on -site at the facility. Further, County acknowledges that there will be an allowance for a reasonable number of absences for medical staff vacation and sick days, and SHP reserves the right to make adjustments to the regular staffing schedule for flexible coverage on SHP- designated holidays. If any such absences exceed five (5) consecutive days, not to include vacation time or SHP- designated holidays, SHP will refund the County the cost of the staffing hours on the next month's base fee billing.