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HomeMy WebLinkAboutNAPHCARE, INC. 1 - 2016idSURANCE ON FILE WORK MAY PROCEED UN `IL INSURANCE- EXPIRES A-2014-205-1 _ CLERK C!�=OF COUNCIL DATE: FIRST AMENDMENT TO AGREEMENT FOR PROVISION OF INMATE MEDICAL SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into November 15, 2016 by and between NaphCare, Inc., an Alabama Corporation, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The parties entered into Agreement #A-2014-205 dated October 1, 2014 ("Agreement"), by which Consultant agreed to provide basic and emergency inmate medical care. B. The agreement provides for a potential compensation increase in years two and three upon mutual agreement of the parties pursuant to the terms of section 4 of the agreement. City believes that Consultant has provided consistent and dependable services without a compensation increase in year two and that a small increase would be appropriate for the third year of the agreement given the general increase of medical services costs. C. The City desires to add a $50,000 contingency to the agreement for services not included in the base agreement such as x-rays, dentures, ophthalmology, emergency psychiatric crisis services and OB/GYN examinations. Now, therefore, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 4, Compensation, is amended to add the following: Year Three Pricing for Inmate Medical Services: $1,998,850.00 Monthly pricing for Year Three: $ 166,570.83 Monthly per diem for ADP exceeding 440: $ 1.25 A $50,000.00 contingency will be added to address those special medical services not included in the base agreement (x-rays, dentures, OB/GYN services, ophthalmology, and emergency psychiatric crisis services) to be used at the City's sole discretion. The total agreement amount for years one -three wilt not exceed $6,030,112.00. 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST: ,pn p MARTA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police CITY OF SANTA ANA f DAVI CAVAZOS City Manager NAPHCARE, INC By: James S. M ane Chief Executive Officer AC Or CERTIFICATE OF LIABILITY INSURANCE DATE YY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN., THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 69/29/2016 i 912 0 1 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE. ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:', If the certificate holder Is an ADDITIONAL INSURED, the Policy(les) must have ADDITIONAL INSURED provisions ar be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condlHGns of the policy, corlaln policies may require an endorsement. A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsements . PRODUCER VI G, LLC.,dbafThe Vestavia Group 2090 Columbiana Road, Suite 4400{.n} /Tl�]] Birmingham, AL 35216 °,~""�I� NONFAGT PHONE 205-552-0244 FAX 2D5-244-0072 G Nc: - AQPBE.MAIL Susan.train(-alvesCavlagroup.com ONSURERa AFFORDING COVERAGE NAIOq INSURERAI ProAssurance CasualtyCompany "A+" XII 38954 INSURED NaphCare, Inc. 2090 Columbiana Road, SURE, 4000 INSURER, e: The Traveler$ InsuranceCompan "A++I' XV 19046 INSURER C: INSURER o: INsuREREi Birmingham AL 35216 INSURER F: v.. ,{ylY1GGR: THIS IS TO CERTIFY THAT THE 06LICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RECIUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN., THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR7UN LTR TYPE 4FINSUaAHC6 MapL POLICYNUM©RR P FF MIUtl POLICY UP MMR0NYYYI UMRS A I COMMERCIAL GENERAL LIABILITY N ES1640 09/30116 09/30/17EACH000'URRENCE $ 1,000,000 CLAIMSMNDE OCCUR L -.'J PR MISES a n 5 50,000 MEO EXP IAnY ma PinoP $ 6,000 ....__ PER20NA43 ARV INJURY $ 11000,000 GENL AGGREGATE LIMIT "PLIES PER: F0L10YE PRJECT O'1:1 GENERALAGGREGATE $ 5,000,000 PRODUCTS -COMPIOP Ann $ 11000,000 LOC OTHER: $ AUTOMOBILELIABILITY NIGt Appilcable CEOaM�NaRSI Gt.LIMITMY S X,. )!j(X O SOOILYINJURYtPes Person) S XXXXXX OWNED OWNED SCHEDULED HIRED ONLY AUTOS BODILYINIDRWtPBrRCeftlentj $ Xxx%)iX NON OWNED AV OS ONLY AUT SONLY R PERTY DAMAGE. $ Pa, artildan XXXXXX UMRRELLAUAS OCCUR Not Applicable EACHCCCUHRENCE $ XXXXXX EXCESS LIAS CLAIMS -MADE AGGREGATE .., 5 XXXX.'LX DEO RET NTlONS N TUNUB-42,5113723.16 09/30116 09130/17TH- _ $ TATUSE B WORNERSCOMPENSAnoN ANDEMPLOYE`RS'LIABILRY YIN TROUB-42518760-a6 ,Y.`, E.L. EACH ADCIOENT S 1,000,000 MYPROPFUETORrPARTNERADeCUTIVE OFFICERIMEMBEREXCLUDE07 RdrA (Myandalpry fa NH) OE3CRIF¢aTI hN aO�F EL.OIGEA5E�VAEMPLOYEE S 11000,000 E.L. DISEASE- POLICY LIMIT S 1,000,000 ppERAnON9 eahwr A Professional Liability Y N ES1846 9/30/1 D9/30/1 Each Med. lncide t $1,000,000 Claims Made Ann. Aggregate $5,000,000 OESCRIPDCN OF OPERATIONS/LOCATIONS T VEHICLES !/1CORD 1 o1, AddElanal RsmaAs Schedule, may ha altacMd{mora rpecn Is rogalmtl) The City of Santa Ana is named as Additional Insured as respects liability. Policies Will not be cancelled or materially modified with providing thirty (30) days written notice to the City. Y , h City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All richts .Vmv LD t<UToloat The ACORD name and logo aro registered marks of ACORD INTERLINE POLICY NUMBER: SM -909760 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT - PROFESSIONAL LIABILITY (REQUIRED BY CONTRACT) This endorsement modifies insurance provided under the following: SPECIFIED MEDICAL PROFESSIONS PROFESSIONAL LIABILITY INSURANCE COVERAGE PART - CLAIMS MADE COVERAGE SPECIFIED MEDICAL PROFESSIONS PROFESSIONAL LIAIILITY COVERAGE PART . CLAIMS MADE COVERAGE In consideration of the premium pald', it hereby understood and agreed that the policy is amended as follows: 1. Section The Insured is amended by the addition of the following: Whenever used in this Coverage Part, the unqualified word Insured shall also mean Additional Insured. 2, Additional Insured means, whenever used in this endorsement, the following: Any organization to whom the Named Insured Is obligated by valid written contract or written agreement: a.. Executed, priorto the date of an act, error or omission in Professional Services; and b. To provide coverage as an additional insured, but only as respects Claims that ,adse out of the conduct of Professional Services rendered or that should have been rendered by an Insured that is not ao Additional Insured and that are otherwise covered herein. 3. In the event that the Limits of Liability stated in.the Declarations for this Coverage Pan exceed the limits of liability required by such contract or agreement, coverage provided by this endorsement shall not exceed the limits of liability required by such contract or agreement. 4. Where no coverage shall apply herein forthe Insured which is not an Additional Insured, no coverage or defense shall be afforded to the Additional Insured.. 6, Section Defense, Settlements and Claim Expenses is amended by the addition of the following: The Company's obligation to provide defense shall not be severable With respect to the Additional Insured and all other Insureds hereunder, With respect to the Additional Insured and any other insured hereunder, all Insureds shall be represented by the same attorney unless mutual representation is prohibited by law or by any applicable professional code of conduct. 6. This insurance shall be excess and non-contributory Insurance over any other insurance afforded to the Additional Insured. 7. As respects the coverage afforded to the Additional Insured, Section Limits of Liability C, is deleted and replaced with the following: MESM 1008 11213 Page 1 of C. Limit of Llability-Reduotion for Refusal to Settle. The Company shall not settle any Claim against the Additional Insured without the consent of the first Named insured. If, however, sdch Named Insured shall refuse to consent to any settlement recommended by the Company and shall elect to contest the Claim or continue any legal proceedings in connection with such Claim, then the Company's liability'for the Claim shall not exceed the amount for which the Claim could have, been so settled including Claim Expenses inourred up to the date of such refusal. Such amounts are subject to the provisions of the,above Limits of Liability A, and B. All ether terms and conditions remain unchanged. MESM 1008 12 13 Page 2 of 2