HomeMy WebLinkAboutAgreement A-22-528 CFMG Amendment VI.pdf ii
DocuSign Envelope ID:6512B794-D045-425F-A834-4B98C6B86A2B Agreement No. 22-528
1 AMENDMENT VI TO AGREEMENT
2 THIS AMENDMENT VI TO AGREEMENT ("Amendment VI") is made and entered into this 29th
3 day of November, 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 corporation, whose address is 3340 Perimeter Hill Dr., Nashville, TN 37211
6 ("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 I to the Agreement
14 ("Amendment I"), dated April 28, 2020, to allow the Sheriff-Coroner-Public Administrator's Office to
15 pre-pay amounts due under the Agreement in exchange for a 1% discount for the months of May,
16 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 II to Agreement
20 ("Amendment II"), dated August 4, 2020, to allow the Sheriff-Coroner-Public Administrator's Office to
21 receive additional medical staffing to provide COVID-19 testing, reporting, and investigation services,
22 as well as COVID-19 patient care for inmates in the JAIL; and
23 WHEREAS, COUNTY and CONTRACTOR entered into Amendment III to Agreement
24 ("Amendment III"), dated March 23, 2021, to allow the Sheriff-Coroner-Public Administrator's Office to
25 increase the maximum compensation provided under the Agreement by $5,940,000, to a total of
26 $142,389,588 to pay for an additional 12 months of COVID-19 testing and treatment(s) for JAIL
27 inmates due to the COVID-19 pandemic (July 1, 2022 to June 30, 2023), and provide for
28 pharmaceutical costs in excess of the pharmaceutical cap set forth in Section VI of the Agreement;
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DocuSign Envelope ID:6512B794-D045-425F-A834-4B98C6B86A2B
1 and
2 WHEREAS, COUNTY and CONTRACTOR entered into Amendment IV to Agreement
3 ("Amendment IV"), dated February 1, 2022, to allow the Sheriff-Coroner-Public Administrator's Office
4 to increase the maximum compensation provided under the Agreement by $120,000 to a total of
5 $129,747,205 to pay for a Medication Assisted Treatment (MAT) Care Coordinator, with no change to
6 the term of July 1, 2018 through June 30, 2023;
7 WHEREAS, COUNTY and CONTRACTOR entered into Amendment V to Agreement
8 ("Amendment V"), dated March 22, 2022, to allow the Sheriff-Coroner-Public Administrator's Office to
9 increase the maximum cap of compensation under the Agreement by $6,702,382 to a total of
10 $136,449,588 to allow the County to pay for an additional twelve months of COVID-19 testing and
11 treatment(s) for JAIL inmate due to the COVID-19 pandemic (July 1, 2021 to June 30, 2022), and
12 provide pharmaceutical costs in excess of the pharmaceutical cap set forth in Section VI of the
13 Agreement.; and
14 WHEREAS, COUNTY and CONTRACTOR again desire to amend the Agreement in order to
15 increase the maximum cap of compensation under the Agreement by $6,147,900, to a total of
16 $142,597,488, to allow the COUNTY to pay for an additional twelve months of COVID-19 testing and
17 treatment(s) for JAIL inmates due to the COVID-19 pandemic(July 1, 2022 to June 30, 2023), to
18 provide additional compensation to recruit and retain physicians, and provide for pharmaceutical costs
19 in excess of the pharmaceutical cap set forth in Section VI of the Agreement. The additional
20 compensation will also allow the reimbursement for staffing and treatment of inmates within the
21 congregate living system. The congregate living facilities are for admitted inmates as either a result of
22 COVID-19 or because the inmates are high risk, with underlying risk and/or chronic conditions.
23 NOW, THEREFORE, in consideration of their mutual promises, covenants, and conditions,
24 hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows:
25 1. The compensation in the amount of Six Million, One Hundred Forty Seven Thousand
26 Nine Hundred, Dollars ($6,147,900) provided by this Amendment VI may be used to pay an additional
27 twelve months of COVID-19 testing and treatment(s)for Jail inmates due to the COVID-19 pandemic
28 (July 1, 2022 to June 30, 2023) and pharmaceutical costs in excess of the pharmaceutical cap
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DocuSign Envelope ID:6512B794-D045-425F-A834-4B98C6B86A2B
1 discussed in Section VI of the Agreement. The additional compensation will allow the treatment of
2 inmates within the congregate living system. The congregate living facilities are admitted inmates as
3 either a result of COVID or because the inmates are high risk with underlying risk and/or chronic
4 conditions.
5 2. Part of Section V. C of the Agreement, located on page 22, line 24 through page 23,
6 line 9, is deleted in its entirety, and replaced with the following:
7 "In no event shall total compensation and any other payment for services performed
8 under this Agreement exceed Eighty-Six Million, Sixty Thousand, Seven Hundred Eighty Dollars
9 ($86,060,780) for the entire three (3) year term of this Agreement."
10 If this Agreement is extended for an additional one (1) year period after the first three
11 (3) years of this Agreement, pursuant to Section III, TERM, herein, in no event shall total
12 compensation and any other payment for services performed under this Agreement exceed One
13 Hundred-Ten Million, Nine-Hundred Eighty-Six Thousand, Five Dollars ($110,986,005) for the entire
14 four (4) year term of this Agreement."
15 If this Agreement is extended for an additional one (1) year period after the first four (4)
16 years of this Agreement, pursuant to Section II I, TERM, herein, in no event shall total compensation
17 and any other payment for services performed under this Agreement exceed One Hundred Forty-Two
18 Million, Five-Hundred Ninety-Seven Thousand, Four Hundred Eighty-Eight Dollars ($142,597,488) for
19 the entire five (5) year term of this Agreement."
20 3. COUNTY and CONTRACTOR agree that this Amendment VI is sufficient to amend the
21 Agreement and, that upon execution of this Amendment VI, the Agreement, Amendment I,
22 Amendment II, Amendment III, Amendment IV, Amendment V, and this Amendment VI together shall
23 be considered the Agreement.
24 4. The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
25 covenants, conditions, and promises contained in the Agreement, as amended by Amendment I,
26 Amendment II, Amendment III, Amendment IV, and Amendment V, and not amended herein, shall
27 remain in full force and effect.
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DocuSign Envelope ID:6512B794-D045-425F-A834-4B98C6B86A2B
1 EXECUTED AND EFFECTIVE as of the date first above set forth.
2
3 CONTRACTOR COUNTY OF FRESNO
�jjt%q(i%YForensic Medical Group,
4 Ir��FMG)
5 7u 61ri Ygd Signature) Brian Pacheco, Chairman of the Board of
6 Supervisors of the County of Fresno
udd Bazzel
7 Print Name
8 President
9 Title(Chairman of Board, or President, or CEO)
10 Mailing Address: ATTEST:
California Forensic Medical Group, Bernice E. Seidel
11 Incorporated Clerk of the Board of Supervisors
1283 Murfreesboro Road, Suite 500, County of Fresno, State of California
12 Nashville, TN 37217
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By:
16 Deputy
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FOR ACCOUNTING USE ONLY:
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20 Fund: 0001
21 Subclass: 10000
22 ORG: 31114000
23 Account: 7295
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