HomeMy WebLinkAboutCMS SECOND AMENDMENT TO HEALTH SERVICES AGREEMENT
Second Amendment to the Health Services Agreement
This Second Amendment to the Health Services Agreement is made as of the
L day of S~, 2009, between Augusta, Georgia, (hereinafter referred to as the
"County") and orrectional Medical Services, Inc. (hereinafter referred to as the
"CMS").
RECITALS:
WHEREAS, the County and CMS have entered into a certain Health Services
Agreement, dated December 3, 2002, and effective January 1, 2003, (the "Agreement")
and renewed for a one-year period on January 1, 2009, for the delivery of health care
services at the Augusta-Richmond County Detention Facility, Augusta-Richmond County
Law Enforcement Center, and Augusta-Richmond County Correctional Institution,
collectively known as the "Facilities"; and
WHEREAS, the County and CMS desire to renew the Agreement for the
provision of health care services for an additional one-year term, commencing January 1,
2010; and
WHEREAS, the County and CMS hereby seek to amend the Agreement as more
fully described herein.
NOW, THEREFORE, with the intent to be legally bound, and in consideration of the
covenants and promises hereinafter made, the parties agree to amend the Agreement as
follows:
1. Delete Article VIII -Section 8.1 and replace as follows:
8.1 Contract Term. CMS and the County agree to extend the Agreement for the
period from January 1, 2010 through December 31, 2010. This Agreement will
automatically terminate at 11 :59 P.M. December 31, 2010 and the County will not
be required to provide any notice to CMS regarding Agreement termination.
2. Article IX: Compensation.
Add the following language to Section 9.1 Base Compensation:
For the period from January 1, 2010 through December 31,2010, County will pay
CMS the sum of $4,275,737 for a daily average base inmate population of 1,275,
payable in twelve (12) equal monthly installments of$356,311.42. CMS will bill
the County fifteen (15) days before the first day of the month for which services
will be rendered, and County agrees to pay CMS on or before the last day of the
month for which services will be rendered. In the event this Agreement should
terminate on a date other than the end of a calendar month, compensation to
Contractor will be prorated accordingly for the shortened month.
Add the following to Section 9.3 Increases in Inmate Population:
The price as quoted for the existing Facilities is based on a population of 1,275
inmates. Should the population exceed 1,275, based on the average daily
population calculated on a monthly basis, Contractor will charge a per diem of
$3.00 for each additional inmate in excess of 1,275. The per diem is designed to
cover variable costs only and does not include any fixed costs, i.e., staffing cost.
Therefore, should the average daily population exceed 1,600 for a consecutive
three-month period, CMS reserves the right to negotiate with the County for
additional staff and the corresponding compensation.
Except as modified hereby, all other terms and conditions of the Agreement as amended
shall remain in full force and effect, unless there is a conflict between the terms and
conditions of the Agreement and this First Amendment, in which event, the terms and
conditions of this First Amendment shall control.
IN WITNESS WHEREOF, the parties, each by a duly authorized representative,
have set their hands and seals hereto as ofthe day and year first above written.
AUGUSTA-RICHMOND COUNTY
Approved by:
CORRECTIONAL MEDICAL
SERVICES, INe.
cY J~. ft--
il/A J fJ ~~Jilf
Vickie Bybee "\LY
Chief Operating Officer ~J
Date: I t) If it ((J.t
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