HomeMy WebLinkAboutAgreement A-23-620 Amendment IX with CFMG Jail.pdf ii
DocuSign Envelope ID:31E7E5A9-CFBD-4B6C-BA9B-75F63B5FD878
Agreement No. 23-620
1 AMENDMENT IX TO AGREEMENT
2 THIS AMENDMENT IX TO AGREEMENT ("Amendment IV) is made and entered into this
3 28th day of November, 2023, by and between COUNTY OF FRESNO, a Political Subdivision of the
4 State of California, Fresno, California ("COUNTY"), and California Forensic Medical Group,
5 Incorporated, a California for profit corporation, whose address is 3340 Perimeter Hill DR., Nashville,
6 TN 37211 ("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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DocuSign Envelope ID:31E7E5A9-CFBD-4B6C-BA9B-75F63B5FD878
1 Agreement, with no change to the term of July 1, 2018 through June 30, 2023; 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;
7 WHEREAS, COUNTY and CONTRACTOR entered into Amendment Number Five to
8 Agreement ("Amendment V"), dated March 22, 2022 to allow the Sheriff-Coroner-Public
9 Administrator's Office to increase the maximum cap of compensation provided under the Agreement
10 by $6,702,382 to a total of$136,449,588 to allow the County to pay for an additional twelve months of
11 COVID-19 testing and treatment(s) for JAIL inmates due to the COVID-19 pandemic (July 1, 2021 to
12 June 30, 2022), and provide pharmaceutical costs in excess of the pharmaceutical cap set forth in
13 Section VI of the Agreement.;
14 WHEREAS, COUNTY and CONTRACTOR entered into Amendment Number Six to Agreement
15 ("Amendment VI"), dated November 29, 2022 to allow the Sheriff-Coroner-Public Administrator's Office
16 to increase the maximum cap of compensation provided under the Agreement by $6,147,900 to a total
17 of $142,597,488 to allow the County to pay for an additional twelve months of COVID-19 testing and
18 treatment(s) for JAIL inmates due to the COVID-19 pandemic (July 1, 2022 to June 30, 2023), to
19 provide additional compensation to recruit and retail physicians , and provide for pharmaceutical costs
20 in excess of the pharmaceutical cap set forth in Section VI of the Agreement. The additional
21 compensation will also allow the reimbursement for staffing and treatment of inmates within the
22 congregate living system. The congregate living facilities are for admitted inmates as either a result of
23 COVID-19 or because the inmates are high risk, with underlying risk and/or chronic conditions.; and
24 WHEREAS, COUNTY and CONTRACTOR entered into Amendment Number Seven to
25 Agreement ("Amendment VII"), dated May 23, 2023, and retroactive to February 1, 2023, to allow the
26 Sheriff-Coroner-Public Administrator's Office to increase the maximum compensation provided under
27 the Agreement by $53,125 to a total of$142,650,613 to extend funding to pay for a Medication
28
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DocuSign Envelope ID:31E7E5A9-CFBD-4B6C-BA9B-75F63B5FD878
1 Assisted Treatment (MAT) Care Coordinator, with no change to the term of July 1, 2018 through June
2 30, 2023.;
3 WHEREAS, COUNTY and CONTRACTOR entered into Amendment Number Eight to
4 Agreement (Amendment VIII), dated June 20, 2023, to allow the Sheriff-Coroner-Public Administrator's
5 Office to extend the term of the Agreement to December 31, 2023 and increase the maximum
6 compensation provided under the Agreement by $16,358,514 to a total of$159,009,127 to provide
7 comprehensive medical and behavioral health care services.; and
8 WHEREAS, On November 8, 2022, the Board of Supervisors authorized staff to develop a new
9 Agreement with Contractor, to allow for continuity of operations and services to individuals housed at
10 the Jail;
11 WHEREAS, the County and the Contractor have negotiated terms for the new agreement since
12 November of 2022, and anticipate that an agreement will be reached within the next six months; and
13 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
14 extend the term of the Agreement for one additional six (6) month period and increase the maximum
15 compensation allowed under the Agreement, by $16,358,514, to a total of$175,367,641, to allow the
16 COUNTY to pay for one additional six-month term period of jail medical and behavioral health
17 services;
18 WHEREAS, nothing in this Amendment IX prevents the County from terminating such
19 negotiation and engaging in a competitive request for proposal process, in accordance with the
20 County's purchasing procedures. In such an event, Contractor shall continue to provide these
21 contracted services until a successor contractor has commenced providing these services, in
22 accordance with Section IV(C) of the Agreement.
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. Section III of the Agreement, located on page 16 line 27 through page 17, line 16 is
26 deleted in its entirety, and replaced with the following:
27 "This Agreement shall become effective upon execution. The term of this Agreement
28 shall be for a period of three (3) years, commencing on July 1, 2018 through and including June 30,
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DocuSign Envelope ID:31E7E5A9-CFBD-4B6C-BA9B-75F63B5FD878
1 2021, unless sooner terminated as provided herein. The parties' obligations stated herein regarding
2 the provision of medical services shall begin upon the commencement of the term unless otherwise
3 provided.
4 This Agreement may be extended for two (2) additional consecutive twelve (12) month
5 periods upon the same terms and conditions herein set forth, and subject to the following provisions
6 within this Section III. Each such twelve (12) month extension period shall be contingent upon the
7 evaluation of the CONTRACTOR's performance of the services under the this Agreement during the
8 then-current period of this Agreement, by SHERIFF, DPH Director, or their respective designees,
9 determine that the then-current term of this Agreement should be extended pursuant to this Section III,
10 herein, SHERIFF, DPH Director, or designee, may provide a written notice of such extension period.
11 In addition to the two (2) additional extensions, both the COUNTY and the
12 CONTRACTOR agree to extend the Agreement by one additional three (3) month period, commencing
13 July 1, 2023 through and including September 30, 2023. Following the initial three (3) month period,
14 this Agreement may be extended for one additional three (3) month period upon the same terms and
15 conditions herein set forth, and subject to the following provisions within this Section III. The three (3)
16 month extension period shall be contingent upon the evaluation of the CONTRACTOR's performance
17 of the services under this Agreement during the then-current period of the Agreement, by SHERIFF,
18 DPH Director, or their respective designees; if SHERIFF, DPH Director, or their respective designees
19 determine that the then-current term of this Agreement should be extended pursuant to this Section III,
20 herein, SHERIFF, DPH Director, or designee, may provide a written notice of such extension period to
21 Contractor.
22 In addition to the two (2) additional twelve (12) month extensions and the two (2)
23 additional three (3) month extensions, both the COUNTY and the CONTRACTOR agree to extend the
24 Agreement by one (1) additional six (6) month period, commencing January 1, 2024, through and
25 including June 30, 2024, with the same terms and conditions herein set forth."
26 2. Section V, "Compensation", shall be amended to add subsection A(8) as follows:
27 "If performance standards are met, the Agreement term shall be extended by one (1)
28 six (6) month period. Commencing January 1, 2024, through June 30, 2024, the base compensation
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DocuSign Envelope ID:31E7E5A9-CFBD-4B6C-BA9B-75F63B5FD878
1 paid to CONTRACTOR for actual services provided to the COUNTY during the extended six-month
2 term shall not exceed Sixteen Million, Three Hundred, Fifty-Eight Thousand, Five Hundred Fourteen
3 Dollars ($16,358,514)."
4 3. Part of Section V. C of the Agreement, located on page 22, line 24 through page 23,
5 line 9, is deleted in its entirety, and replaced with the following:
6 "In no event shall total compensation and any other payment for services performed
7 under this Agreement exceed Eighty-Six Million, Sixty Thousand, Seven Hundred Eighty Dollars
8 ($86,060,780) for the entire three (3) year term of this Agreement."
9 If this Agreement is extended for an additional one (1) year period after the first three
10 (3) years of this Agreement, pursuant to Section III, TERM, herein, in no event shall total
11 compensation and any other payment for services performed under this Agreement exceed One
12 Hundred-Ten Million, Nine-Hundred Eighty-Six Thousand, Five Dollars ($110,986,005) for the entire
13 four (4) year term of this Agreement."
14 If this Agreement is extended for an additional one (1) year period after the first four (4)
15 years of this Agreement, pursuant to Section III, TERM, herein, in no event shall total compensation
16 and any other payment for services performed under this Agreement exceed One Hundred Forty-Two
17 Million, Six Hundred Fifty Thousand, Six Hundred and Thirteen Dollars ($142,650,613) for the entire
18 five (5) year term of this Agreement."
19 If this Agreement is extended for a three (3) month period after the first five (5) years of this
20 Agreement, pursuant to Section III, Term, herein, in no event shall total compensation and any other
21 payment of services performed under this Agreement exceed One Hundred Fifty Million, Eight
22 Hundred Twenty-Nine Thousand, Eight Hundred Seventy Dollars ($150,829,870) for the entire five (5)
23 year and three (3) month term of this Agreement.
24 If this Agreement is extended for an additional three (3) month period after the first five
25 (5) years and three (3) months of this Agreement, pursuant to Section III, Term, herein, in no event
26 shall total compensation and any other payment of services performed under this Agreement exceed
27 One Hundred Fifty-Nine Million, Nine Thousand, One Hundred and Twenty-Seven Dollars
28 ($159,009,127) for the entire five (5) year, initial three (3) month extension, and the second three (3)
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DocuSign Envelope ID:31E7E5A9-CFBD-4B6C-BA9B-75F63B5FD878
1 month term of this Agreement.
2 If this Agreement is extended for an additional six (6) month period after the first five (5)
3 years, the initial three (3) month extension, and the second three (3) month extension, pursuant to
4 Section III, Term, herein, in no event shall total compensation and any other payment of services
5 performed under this Agreement exceed One Hundred Seventy-Five Million, Three Hundred Sixty-
6 Seven Thousand, Six Hundred Forty-One Dollars ($175,367,641) for the entire possible six-year term
7 of this Agreement."
8 4. COUNTY and CONTRACTOR agree that this Amendment IX is sufficient to amend the
9 Agreement and that upon execution of this Amendment IX, the Agreement, Amendment I, Amendment
10 II, Amendment III, Amendment IV, Amendment V, Amendment VI, Amendment VII, Amendment VIII
11 and this Amendment IX together shall be considered the Agreement.
12 5. The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
13 covenants, conditions, and promises contained in the Agreement, as amended by Amendment I,
14 Amendment II, Amendment III, Amendment IV, Amendment V, Amendment VI, Amendment VII, and
15 Amendment VIII and not amended herein, shall remain in full force and effect.
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DocuSign Envelope ID:31E7E5A9-CFBD-4B6C-BA9B-75F63B5FD878
1 EXECUTED AND EFFECTIVE as of the date first above set forth.
2
3 CONTRACTOR COUNTY OF FRESNO
(`olifnrnio l7nronSic Medical Group,
4G'043819F7A628439
Docu Signed by:
7MG)
5
kHutnorizea olgnature) I i ero, Chairman of the Board of
6 S44)evibe&sA the County of Fresno
Dr. Grady Judson 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
3340 Perimeter Hill Drive, County of Fresno, State of California
12 Nashville, TN 37211
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By: re,
16 Deputy
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FOR ACCOUNTING USE ONLY:
19
20 Fund: 0001
21 Subclass: 10000
22 ORG: 31114000
23 Account: 7295
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