COMPLETED BOARD ORDER AND AME��31
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No. A-11139
Approve and authorize the Contracts/Purchasing Officer
to execute Amendment No. 2 to Professional Services
Agreement A-11139 with Dr. John Hain for conducting
postmortem examinations through the Coroner's Office
not to exceed the amount of $320,000
Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and carried by
those members present, the Board hereby;
Approved and authorized the Contracts/Purchasing Officer to execute
Amendment No. 2 to Professional Services Agreement All 139 with Dr.
John Hain for conducting postmortem examinations through the Coroner's
Office not to exceed the amount of $320,000.
PASSED AND ADOPTED on this 28`h' day of June, 2011, by the following vote, to wit:
AYES: Supervisors Calcagno, Salinas, and Parker
NOES: None
ABSENT: Supervisors Armenta and Potter
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California,
hereby certify that the foregoing is a true copy of an original order of said Board of Supervisors duly
made and entered in the minutes thereof of Minute Book 75 for the meeting on June 28, 2011.
Dated: July 5, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
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COMPLETED BOARD ORDER AND AME��ATTACHMENT A"
AMENDMENT NO. 2 TO
PROFESSIONAL MEDICAL SERVICES AGREEMENT DATED JULY 1, 2008
WITH JOHN R. RAIN, M.D.
This is an amendment to the Professional Medical Services Agreement No. Al 1139
between the County of Monterey and John R. Hain, M.D., with an effective date of July 1, 2008
the subject contract"). The date of this amendment for references purposes is July 1, 2011.
This Agreement was previously amended by Amendment No. 1, dated March 15, 2011,
which clarified Dr. Hain's independent contractor status in relation to the County of Monterey.
This Amendment modifies the existing Agreement, as amended, as follows:
Section 4. NON-EXCLUSIVE SERVICES
The second sentence of this section is deleted and the following language replaces
it: If the CONTRACTOR is temporarily unavailable to provide the services of this Agreement,
CONTRACTOR shall provide notice to the COUNTY at the earliest possible time of the
CONTRACTOR'S lack of availability and the COUNTY will arrange for another contractor to
provide services during that time".
Section 5. COMPENSATION
Section 5.1 Provider Services" is amended to read as follows: The existing
language in Section 5.1 is deleted and the following language replaces it: Contactor's
payment under the contract is based on the number of postmortem examinations performed.
Contractor shall receive payment for services at the rate of one thousand dollars $1,000.00) per
postmortem examination complete autopsies and external examinations) completed on behalf of
the COUNTY. CONTRACTOR will submit an invoice for each month and COUNTY shall
provide payment within thirty 30) days of receipt of the invoice. The CONTRACTOR is
required to arrange for compensation for postmortem examinations performed on behalf of San
Benito or private hospitals directly with the organization requesting the examination, subject to
the requirement that the requesting entity has a facility use agreement with the COUNTY
Section 8. TERMS AND TERMINATION
Section 8.1 General Provision" is amended to read as follows: Subject to the
provisions contained herein, this Agreement shall commence on July 1, 2008 and remain in full
force and effect monthly through June 30, 2012".
All other terms and conditions in the existing agreement, as amended, remain in full force
and effect.
Dated: COUNTY OF MONTEREY
Amendment No. 2 to Professional Medical Services
Agreement Dated 7/1/08 John R. Hain, M.D.
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COMPLETED BOARD ORDER AND AME��By
Dated: N J 4, 7-6) 201/
APPROVED AS TO FORM:
Dated: Gf 1 C. i
APPROVED AS TO FISCAL PROVISIONS:
Michael Miller
County Auditor
Dated: By:
Steve Mauck
County Risk Management
Dated:
MICHAEL R. DERR
Contracts/Purchasing Officer
JOHN R. HAIN, M.D.
TRACI A. KIRKBRIDE
Deputy County Counsel
MY,,
GARY GI NEY L 1
Chief Dep y Auditor-Controller
STEVE MAUCK
Amendment No. 2 to Professional Medical Services
Agreement Dated 7/1/08 John R. Hain, M.D.
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SIGNED BOARD REPORT"�|E��MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: June 28, 2011 Consent AGENDA NO.: 3j
SUBJECT: Approve and authorize the Contracts/Purchasing Officer to execute
Amendment No. 2 to Professional Services Agreement Al 1139 with Dr. John
Hain for conducting postmortem examinations through the Coroner's Office not
to exceed the amount of $320,000.
DEPARTMENT: Sheriffs Office
RECOMMENDATION
It is recommended the Board of Supervisors approve and authorize the Contracts/Purchasing
Officer to execute Amendment No. 2 to Professional Services Agreement A11139 with Dr. John
Hain for conducting postmortem examinations through the Coroner's Office not to exceed the
amount of $320,000.
SUMMARY/DISCUSSION
The Board approved the previous contract with Dr. Hain in July 2008 with a term running from
July 1, 2008 through June 30, 2011 and the amount was set at $360,000 per year as the
maximum amount payable under the contract.
The Sheriffs Office wishes to extend the agreement with Dr. John Hain for the provision of
postmortem examinations. This agreement is being proposed for extension for a one year term
with new payment provisions. Under the existing agreement, Dr. Hain has been compensated at
the rate of $30,000 per month. It is proposed with the amendment that Dr. Hain would be
compensated at the rate of $1,000.00 per post mortem examination. Based on data collected for
the last eight years, Dr. Hain has performed an average of 303 post mortem examinations
annually. While it is not possible to accurately predict the number of examinations that will be
required during the term of this agreement, had the newly proposed terms been in place over the
last eight years, the County would have incurred over $450,000 less in costs associated with this
service.
During the term of this agreement, the Sheriffs Office intends to work with Dr. Hain to explore
the potential benefits of creating an independent Medical Examiner position and achieving
certification by the National Association of Medical Examiners. The results of this study will be
brought to the Board in the near future for their consideration.
OTHER AGENCY INVOLVEMENT
The Auditor-Controller's Office has reviewed the amendments. County Counsel has approved
the amendment as to form and Risk Management and the County Administrative Office have
reviewed the report. Risk Management has raised the same concerns regarding insurance
requirements and indemnity language for this extension as they did for the original agreement.
FINANCING
There is no increase in the Net County Cost expected from the original contract as a result of this
recommendation.
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SIGNED BOARD REPORT"�|E��Prepaied byA Approved by:
Scott Miller
Sheriff-Coroner
Date: a-ar' /
Attachment A": Amendment #2
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