ADDENDUM TO AGREEMENT WITH CIR FOR HMIS.PDF
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C-22-15-044-3-00 Addendum #1 ADDENDUM TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND COMMUNITY INFORMATION AND REFERRAL SERVICES I. The purpose of Addendum #1 is to amend the Agreement meet the needs of the parties as set forth below: A. Adjust the scope of the agreement as it pertains to protections of confidentiality in light of public records requests to Maricopa County as a covered public agency. Therefore, the Addendum shall expand Section II, paragraph A. Confidentiality Subsection 6 to read as follows: 6. The Provider Agency will not divulge any confidential information received from the Maricopa HMIS to any organization or individual without proper written consent by the client (or guardian where appropriate) unless otherwise permitted by relevant regulations or laws. Notwithstanding the foregoing, Maricopa County may release public records redacting confidential and personal identifying information in response to a valid public records request pursuant to the Arizona Public Records Law (A.R.S. § 39-121 et seq.), provided, that in the event such a public records request is received, County shall immediately notify CIR and thereafter permit CIR (or any counterparty of CIR to whom the records or information subject to the request belongs or concerns) to intervene in order to secure a protective order or other appropriate relief from a court of competent jurisdiction. The protective action described in the preceding sentence shall be undertaken (if at all) in the sole discretion of CIR and/or its counterparties, and a protective order or other appropriate relief must be obtained within ten (10) business days from the date that notification of the public records request is delivered by Maricopa County to CIR. Maricopa County shall not, under any circumstances, be responsible for securing a protective order or other relief enjoining the release of records, nor shall Maricopa County be in any way financially responsible for any costs associated with securing such an order. B. Adjust the scope of the agreement as it pertains to payment of the user license fee. Therefore, the Addendum shall expand Section II, paragraph A. Confidentiality Subsection 9 to read as follows: 9. The Provider Agency agrees to submit payments in a timely fashion to CIR for annual HMIS User License fees at the beginning of each fiscal year. User License fee amount is $150 per user per year. CIR shall notify Provider Agency of changes in the User License fee amounts 30 days prior to each fiscal year. The Agreement is contingent upon continued funding, if funding appropriations are reduced or cancelled for any reason and these goods or services are not funded, CIR may cancel the Agreement. C. Adjust the scope of the agreement as it pertains to the term of the agreement. Therefore, the Addendum shall expand Section IX, paragraph E. Terms and Conditions to read as follows: E. This agreement is subject to A.R.S. §38-511. This agreement is for a five (5) year term from the date of execution. This Agreement shall be renewed for two (2) three-year terms with approval and signature by both parties. Parties shall notify the other party of the intent to renew the agreement thirty (30) days prior to term end date. Either party may terminate the agreement with thirty (30) day pg. 1 C-22-15-044-3-00 Addendum #1 notification to the other party. This agreement may be modified or amended by written agreement executed by both parties with 30 days advance written notice. D. The foregoing paragraph contains all the changes made by this Addendum. All other terms and conditions of the original agreement remain the same and in full force and effect. IN WITNESS THEREOF, the Parties have signed this agreement: APPROVED BY: APPROVED BY: COMMUNITY INFORMATION AND REFERRAL MARICOPA COUNTY ___________________________________ ____________________________________ Authorized Signature Steve Chucri Chairman of the Board Signature Date: __________________________ Date: __________________________ Attested To: ____________________________________ Fran McCarroll, Clerk of the Board IN ACCORDANCE WITH A.R.S. § 11-201, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED WHO HAVE DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. COMMUNITY INFORMATION AND REFERRAL MARICOPA COUNTY BY: ______________________________ BY: ______________________________ Legal Counsel for Maricopa County Date: __________________________ Date: __________________________ pg. 2