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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (hereinafter “Second Amendment”) is made
and entered into this 11th day of September, 2018, by and between COUNTY OF FRESNO, a Political
Subdivision of the State of California, Fresno, California (hereinafter “COUNTY”), and DIAMOND
DRUGS, INC., dba DIAMOND PHARMACY SERVICES, a for profit corporation, whose address is
645 Kolter Drive, Indiana, Pennsylvania 15701-3570 (hereinafter “CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. A-13-570, effective
September 18, 2013, and First Amendment No. A-13-570-1, effective December 12, 2017 (hereinafter
collectively referred to as “Agreement”), pursuant to which CONTRACTOR agreed to provide
pharmaceutical prescriptions and related services to COUNTY; and
WHEREAS, COUNTY and CONTRACTOR entered into the Agreement on September 17,
2013 effective from September 18, 2013 through September 17, 2016 with two (2) additional,
successive twelve (12) month extension periods upon evaluation of CONTRACTOR’s performance of
its services with a written notice; and
WHEREAS, COUNTY and CONTRACTOR now desire to amend and ratify the Agreement in
order to execute an extension of the term of said agreement to March 17, 2019 in order to continue
services.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.Section two (2) of the Agreement, located on page two (2), line (22) through line twenty
four (24) ending with the words “Section 2” be deleted in its entirety and replaced with
the following:
“This Agreement may be renewed for up to two (2) additional, successive twelve (12)
month periods and for one (1) successive six (6) month period upon the same terms and conditions
herein set forth, and subject to the following provisions in this Section 2.”
2.Section four (4) of the Amended Agreement, located on the First Amendment to
Agreement 13-570-1 page three (3), line one (1) starting with the letter “C” through
Agreement No. 13-570-2
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page three (3) line twelve(12) ending with the word “all” be deleted in its entirety and
replaced with the following:
“C. The maximum amount of compensation paid to CONTRACTOR shall not exceed
One Million Six Hundred One Thousand One Hundred Fourteen and No/100 Dollars ($1,601,114.00)
during the initial term of this Agreement. Should this Agreement be extended for the period of
September 18, 2016 through September 17, 2017, the maximum amount of compensation paid to
CONTRACTOR for this extended period shall not exceed One Hundred Ninety Eight Thousand one
Hundred Ninety Six and No/100 Dollars ($198,196.00). Should this Agreement be extended for the
period of September 18, 2017 through March 17, 2019, the maximum amount of compensation paid to
the CONTRACTOR for this period shall not exceed Four Hundred Seventy Thousand and No/100
Dollars ($470,000.00). In no event shall the actual services performed under this Agreement be in
excess of Two Million Two Hundred Sixty Nine Thousand Three Hundred Ten and No/Dollars
($2,269,310.00). It is understood that all”.
3. Section four (4) of the Amended Agreement, located on the First Amendment to
Agreement 13-570-1 page three (3), line fifteen (15) starting with the letter “D” through
page three (3) line twenty one (21) ending with the word “Manager” be deleted in its
entirety and replaced with the following:
“D. The aforementioned subsections A. – C. under Section 5. INVOICING shall not
apply after September 16, 2017. Beginning September 17, 2017 and runn ing through March 17, 2019,
the following invoicing procedures shall apply to this Agreement: CONTRACTOR shall invoice the
COUNTY’s DPH Business Office (for medications received by COUNTY not those medications in
route to COUNTY) monthly, in duplicate, addressed to the County of Fresno, Department of Public
Health, Business Office, P.O. Box. 11867, Fresno, CA 93775, Attention: Community Health Division
Manager.”
4. Section five (5) of the Amended Agreement, located on the First Amendment to
Agreement 13-570-1 page four (4), line one (1) starting with the letter “D” through page
four (4) line twenty one (21) ending with the word “soon” be deleted in its entirety and
replaced with the following:
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“The aforementioned subsections A. – C. under Section 15. REPORTS shall not apply
after September 16, 2017. Beginning September 17, 2017 and running through March 17, 2019, the
following Reports request shall apply to this Agreement: Upon COUNTY’s request, CONTRACTOR
shall provide quarterly, annual, and/or monthly reports to include but not limited to:
1. Usage by drug and number of units for each line item supplied
2. Usage by prescribing clinician
3. Usage by patient name and identification number
4. Usage by therapeutic category
5. Usage of non-formulary drugs
6. Usage of controlled substances
7. Medications and quantity ordered but not supplied (outs)
8. Medical administration record
9. Total doses per patient dispensed
10. High to low usage by dollar amount
11. High to low usage by quantity dispensed
12. Medication classification report
13. Cost containment recommendation report
14. Stop date report
15. Side effect and drug interaction report
16. Notification of medical being reorder too soon”
COUNTY and CONTRACTOR agree that this Second Amendment is sufficient to amend the
Agreement and, that upon execution of this Second Amendment, the Agreement, the First Amendment
and this Amendment 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.
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EXECUTED AND EFFECTIVE as of the date first above set forth.
4 CONTRACTOR:
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Diamond Drugs, Inc., dba
Diamond Pharmacy Services
7 I+----------------(Authorized S ignature)
8
9 l+----------------Print Name & Title
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13 (Authorized Signature)
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Print Name & Title
Mai ling Address :
645 Kolter Drive
Indiana , PA 15701 -3570
Phone #: (800) 882-6337
Contact: Chief Operating Officer
FOR ACCOUNTING USE ONLY:
ORG No .: 5620
Account No .: 7295
MH
COUNTY OF FRESNO:
s
0
ATTEST:
era , hairperson of the Board
s of the County of Fresno
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
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