HomeMy WebLinkAboutAgreement A-22-094 with CFMG.pdf Agreement No. 22-094
1 AMENDMENT V TO AGREEMENT
2 THIS AMENDMENT IV TO AGREEMENT ("Amendment W) is made and entered into this 22"d
3 day of March , 2022, by and between COUNTY OF FRESNO, a Political Subdivision of the State of
4 California, Fresno, California ("COUNTY"), and California Forensic Medical Group, Incorporated, a
5 California for profit corporation, whose address is 1283 Murfreesboro Road, Suite 500, Nashville, TN
6 37217 ("CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number A-18-169, dated
9 April 3, 2018 ("Agreement"), pursuant to which CONTRACTOR agreed to provide necessary medical
10 and behavioral health care services within COUNTY Sheriff-Coroner-Public Administrator's Office
11 Adult Detention Facilities identified as North Annex, Main, and South Annex jails (collectively, "JAIL");
12 and
13 WHEREAS, COUNTY and CONTRACTOR entered into Amendment Number One to the
14 Agreement ("Amendment I"), dated April 28, 2020, to allow the Sheriff-Coroner-Public Administrator's
15 Office to pre-pay amounts due under the Agreement in exchange for a 1% discount for the months of
16 May, June, July, and August of 2020, as the CONTRACTOR faced challenges in continuing to provide
17 services in the JAIL, due to increased staffing costs and potentially high rates of hospitalization of
18 patients due to the COVID-19 pandemic; and
19 WHEREAS, COUNTY and CONTRACTOR entered into Amendment Number Two to
20 Agreement ("Amendment II"), dated August 4, 2020, to allow the Sheriff-Coroner-Public
21 Administrator's Office to receive additional medical staffing to provide COVID-19 testing, reporting, and
22 investigation services, as well as COVID-19 patient care for inmates in the JAIL; and
23 WHEREAS, COUNTY and CONTRACTOR entered into Amendment Number Three to
24 Agreement ("Amendment III"), dated March 23, 2021, to allow the Sheriff-Coroner-Public
25 Administrator's Office to increase the maximum compensation provided under the Agreement by
26 $5,261,182, to a total of$129,627,205 to pay for an additional six months of COVID-19 testing and
27 treatment(s) for JAIL inmates due to the COVID-19 pandemic (January 1, 2021 to June 30, 2021), and
28 provide for pharmaceutical costs in excess of the pharmaceutical cap set forth in Section VI of the
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1 Agreement; and
2 WHEREAS, COUNTY and CONTRACTOR entered into Amendment Number Four to
3 Agreement ("Amendment IV"), dated February 1, 2022, to allow the Sheriff-Coroner-Public
4 Administrator's Office to increase the maximum compensation provided under the Agreement by
5 $120,000 to a total of$129,747,205 to pay for a Medication Assisted Treatment (MAT) Care
6 Coordinator, with no change to the term of July 1, 2018 through June 30, 2023; and
7 WHEREAS, COUNTY and CONTRACTOR again desire to amend the Agreement in order to
8 increase the maximum cap of compensation under the Agreement, to allow the COUNTY to pay for an
9 additional twelve months of COVID-19 testing and treatment(s) for JAIL inmates due to the COVID-19
10 pandemic (July 1, 2021 to June 30, 2022), and provide for pharmaceutical costs in excess of the
11 pharmaceutical cap set forth in Section VI of the Agreement. The additional compensation will also
12 allow the reimbursement for staffing and treatment of inmates within the congregate living system. The
13 congregate living facilities are admitted inmates as either a result of COVID-19 or because the inmates
14 are high risk with underlying risk and/or chronic conditions.
15 NOW, THEREFORE, in consideration of their mutual promises, covenants, and conditions,
16 hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows:
17 1. The compensation in the amount of Six Million, Seven Hundred and Two Thousand,
18 Three Hundred Eighty-two Dollars ($6,702,382) provided by this Amendment may be used to pay an
19 additional six months of COVID-19 testing and treatment(s) for Jail inmates due to the COVID-19
20 pandemic (July 1, 2021 to June 30, 2022) and pharmaceutical costs in excess of the pharmaceutical
21 cap discussed in Section VI of the Agreement. The additional compensation will also allow the
22 reimbursement for staffing and treatment of inmates within the congregate living system. The
23 congregate living facilities are admitted inmates as either a result of COVID or because the inmates
24 are high risk with underlying risk and/or chronic conditions.
25 2. Part of Section V. C of the Agreement, located on page 22, line 24 through page 23,
26 line 9, is deleted in its entirety and replaced with the following:
27 "In no event shall total compensation and any other payment for services performed
28 under this Agreement exceed Eighty Five Million, Eight-Hundred Fifty Two Thousand, and Eight
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1 Hundred Eighty and 27/100 Dollars ($85,852,880.27) for the entire three (3) year term of this
2 Agreement."
3 If this Agreement is extended for an additional one(1) year period after the first three
4 (3) years of this Agreement, pursuant to Section III, TERM, herein, in no event shall total
5 compensation and any other payment for services performed under this Agreement exceed One
6 Hundred-Ten Million, Seven-Hundred Seventy Eight Thousand, One Hundred Four and 62/100 Dollars
7 ($110,778,104.62) for the entire four (4) year term of this Agreement."
8 If this Agreement is extended for an additional one (1)year period after the first four (4)
9 years of this Agreement, pursuant to Section III, TERM, herein, in no event shall total compensation
10 and any other payment for services performed under this Agreement exceed One Hundred Thirty-Six
11 Million, Four-Hundred Forty Nine Thousand, Five Hundred Eighty Seven and 72/100 Dollars
12 ($136,449,587.72) for the entire five (5) year term of this Agreement."
13 3. COUNTY and CONTRACTOR agree that this Amendment V is sufficient to amend the
14 Agreement and, that upon execution of this Amendment V, the Agreement, Amendment I, Amendment
15 11, Amendment III, Amendment IV and this Amendment V together shall be considered the Agreement.
16 4. The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
17 covenants, conditions, and promises contained in the Agreement, as amended by Amendment I,
18 Amendment II, Amendment III and Amendment IV, and not amended herein, shall remain in full force
19 and effect.
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1
2 EXECUTED AND EFFECTIVE as of the date first above set forth.
3
4 CONTRACTOR COUNTY OFFRESNO
California Forensic Medical Group, 1
5 Incorpor %'-�
6 (Autho d ed Signature) Brian Pacheco, Chairman of the Board of
7 ,,,I Supervisors of the County of Fresno
8 Print Name
9 lei cc Cre-i /e^t cvv� �{,���✓�
10 Title (Chairman of Board, or President, or CEO)
11 Mailing Address: ATTEST:
California Forensic Medical Group, Bernice E, Seidel
12 Incorporated Clerk of the Board of Supervisors
1283 Murfreesboro Road, Suite 500, County of Fresno, State of California
13 Nashville, TN 37217
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By:
17 Deputy
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FOR ACCOUNTING USE ONLY:
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21 Fund: 0001
22 Subclass: 10000
23 ORG: 31114000
24 Account: 7295
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