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HomeMy WebLinkAboutC17-159 Correctional Health Care CompaniesTHIRD AMENDMENT TO THE AGREEMENT FOR INMATE HEALTH CARE SERVICES AT EAGLE COUNTY, COLORADO (Effective April 1, 2017) This Third Amendment, effective April 1, 2017 (this "Amendment"), to the Agreement for Inmate Health Care Services, dated January 1, 2012, as amended (the "Agreement") is by and between Correctional Healthcare Companies, LLC ("CHC") and Eagle County, Colorado ("County„). WHEREAS, the Agreement automatically renews on January 1 of each year pursuant to Section 9.0; and WHEREAS, the Parties agree to increase compensation for each successive year pursuant to Section 9.0.1; and WHEREAS, the Parties have determined that it is necessary and in the best interest of Covered Persons to add six additional hours per week of Mental Health Professional services to the Agreement; and WHEREAS, the Parties wish to increase compensation for such additional staffing hours at a rate of $340,172.75 per year; and WHEREAS, the Parties have further determined that it is necessary and in the best interest of Covered Persons to add Psychiatrist services on an as -needed basis at a rate of $195.00 per hour; and WHEREAS, in accordance with Section 11.15, the Parties desire to amend the Agreement to memorialize such changes. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The Parties hereto incorporate the foregoing recitals as a material portion of this Amendment. 2. AMENDMENT TO SECTION 2.0 OF THE AGREEMENT. The Agreement shall be amended by deletion of Section 2.0 and its subsections in their entirety and replacing them with the following language in lieu thereof. 2.0 STAFFING HOURS. CHC shall provide or arrange for the provision of Health Care Staff necessary to render the health care services contemplated in Article I as set forth below and further described in the Staffing Matrix attached hereto and incorporated herein as Exhibit A: Pa Tc ] celA C17-159 2.0.1 A total of 38 hours per week of Registered Nurse Services to be assigned by CHC. 2.0.2 A total of 33 hours per week of Licensed Practical Nurse, Certified Medical Assistant, or Emergency Medical Technician services to be assigned by CHC. 2.0.3 Up to 3 hours per week of Physician Extender services to be assigned by CHC. 2.0.4 A total of 6 hours per week of Licensed Mental Health Professional Services to be assigned by CHC. 2.0.5 Psychiatrist services to be provided on an as -need basis at a rate of $195.00 per hour. Amounts paid by CHC in accordance with this Section 2.0.5 shall be periodically reconciled with the County pursuant to Subsection 8.1.4. 2.0.6 Additional hours may be provided if mutually agreed upon by both parties in writing, with at least 24 hours advanced notice. Rates for such additional hours shall be usual and customary, and consistent with average rate for similar services in Colorado. 2.0.7 CHC shall provide or arrange for the provision of an on-call Physician Extender and/or nurse available by telephone or pager, 24 hours per day and 7 days per week. 2.0.8 Said hours may be re -allocated and subject to change as determined by mutual agreement of the Sheriff and CHC, but shall in all respects be consistent with the medical recommendations of CHC's licensed physician. 2.0.9 CHC shall make reasonable efforts to supply the staffing levels contained in this Section, however, failure to continuously supply all of the required staffing due to labor market demands or other factors outside the control of CHC, after such reasonable efforts have been made, shall not constitute a breach of this Agreement. 3. AMENDMENT TO SECTION 8.0 OF THE AGREEMENT. The Agreement shall be amended by deleting Section 8.0 in its entirety and inserting the following language in lieu thereof: 8.0 ANNUAL AMOUNTIMONTHLY PAYMENTS. The base annual amount to be paid by the County to CHC under this Agreement is Three Hundred Forty Thousand One Hundred Seventy -Two Dollars and Seventy -Six Cents ($340,172.76), for a period of 12 months, payable in Page 2 of 4 monthly installments. The payment for April 2017 will be inclusive of the CPI increase for January through March of 2017 and shall equal Thirty Thousand Seven Hundred Seventy -Five Dollars and Ninety -Three Cents ($30,775.93). Each monthly installment thereafter shall equal Twenty - Eight Thousand Three Hundred Forty -Seven Dollars and Seventy -Three Cents ($28,347.73), pro -rated for any partial months and subject to any reconciliations as set forth below. Each monthly installment is to be paid to CHC on or before the 0 day of the month of service. 4. ADDITION OF SECTION 8.1.4 TO THE AGREEMENT. The Agreement shall be amended by adding a new Subsection 8.1.4 to the Agreement with the following language: 8.1.4 ADJUSTMENT FOR STAFFING. The monthly reconciliation shall include any hours provided by a Psychiatrist in the amount of One Hundred Ninety -Five Dollars ($195.00) multiplied by the number of hours worked by a Psychiatrist during such reconciliation period. 5. SEVERABILITY. If any terms or provisions of this Amendment or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Amendment or the application of such term or provision to person or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of this Amendment shall be valid and enforceable to the fullest extent permitted by law. 5. DEFINITIONS. Capitalized terms used but not defined herein shall have the meaning ascribed to them under the Agreement. 7. REMAINING PROVISIONS. The remaining provisions of the Agreement not amended by this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed in their names or their official acts by their respective representatives, each of whom is duly authorized to execute the same. AGREED TO AND ACCEPTED AS STATED ABOVE: Ea Kent�_ee[m'nlnr� aG!Casza`c B v: Jillian H. Ryan Title: Chair Board of County Commissioners Page 3 of 4 Corr al eal ft anie5 LLC ��N�.�ovf Chris Bove Title: President EXHIBIT A STAFFING MATRIX Correct or Care Solutions Day - RFP Effective January 1, 2017 POSITION Mon Tue Wed Thu Fri Sat Sun Hrs/WK FTE Registered Nurse 8.0 7.5 7.5 7.5 7.5 38.0 0.950 Licensed Practical Nurse/CMA/EMT 4.0 4.0 8.00 0.200 Physician Extender NP/PA 1 3 1 1 3.00 1 0.075 Licensed Mental Health Professional 6 6.00 0.150 Psychiatrist As Needed) - - Total Hours/FTE - Day Evening Shift 55.00 1.375 POSITION Mon Tue Wed Thu Fri Sat Sun HrsIWK FTE Licensed Practical Nurse/CMA/EMT 3.5 3.5 3.5 3.5 3.5 4.0 3.5 25.00 0.625 Psychiatrist (As Needed) - - Total Hours/FTE - Evening TOTAL HOURS/FTE - WEEKLY50.00 25.00 1 0.625 2.000 Page 4 44