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Agenda Item
ASR
Control 20-001096 |
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MEETING DATE: |
01/12/21 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
Sheriff-Coroner
(Approved) |
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Department contact
person(s): |
Kenneth Burmood (714) 647-1833 |
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Tracy Morris (714) 647-7440 |
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Subject: Approve Amendment Number One
to the Juguilon Medical Corporation Contract
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$1,208,333 |
Annual Cost:
FY 2021-22 $1,691,667 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 12/18/2018
#16, 1/23/2018 #23, 12/13/2016 #31, 1/12/2016 #20 |
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RECOMMENDED ACTION(S):
Authorize the County Procurement Officer or authorized Deputy to execute Amendment Number One to the Juguilon Medical Corporation contract for Forensic Pathology/Autopsy Services, for the term of February 1, 2021, through January 31, 2022, in an amount not to exceed $2,900,000, renewable for seven additional one-year terms.
SUMMARY:
Approval of Amendment Number One to the Juguilon Medical Corporation Contract will allow the Sheriff-Coroner Department to continue to provide forensic pathology and autopsy services to be conducted by a licensed forensic pathologist as required under Government Code Section 27491.
BACKGROUND INFORMATION:
Government Code Section 27491 places the duty of medicolegal death investigation under the Coroner’s jurisdiction and authority. The Coroner is charged with determining the circumstances, cause and manner of all deaths described in this statute. Coroner forensic autopsy examinations are an integral part of the death investigation. Medicolegal autopsies must be conducted by forensic pathologists. Forensic pathology is a highly specialized field of medicine requiring extensive training and experience. Forensic pathologists are licensed medical doctors with a specialty in pathology who have continued their education and training to include a further subspecialty in forensic medicine. The requirement for Coroner autopsies to be conducted by forensic pathologists is a nationally recognized standard in the industry and has been practiced by the County of Orange for over 40 years.
The Sheriff-Coroner Department (Department) Coroner Division is responsible for conducting, on average, nearly 2,000 autopsies per year to establish the circumstances, cause and manner of death. These deaths range from homicides to natural conditions where the decedent did not have a pre-existing medical condition or the physician was unable to state the cause of death. Autopsies provide evidence of criminal activity and assist in safeguarding public health through identification of deaths related to contagious disease.
Following a competitive bid process for forensic pathology/autopsy services, Juguilon Medical Corporation (Anthony A. Juguilon, M.D.) was selected. The previous contract with Juguilon Medical Corporation was approved by the Board of Supervisors (Board) on several occasions as noted on the table below:
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Board Approval Date |
Contract Term |
Amount of Contract |
Year |
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December 14, 2010 |
2/1/2011 through 1/31/ 2012 |
$1,707,000 |
One |
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January 10, 2012 |
2/1/2012 through 1/31/ 2013 |
$1,707,000 |
Two |
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January 29, 2013 |
2/1/2013 through 1/31/ 2014 |
$1,800,445 |
Three |
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January 28, 2014 |
2/1/2014 through 1/31/ 2015 |
$1,800,445 |
Four |
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January 27, 2015 |
2/1/2015 through 1/31/ 2016 |
$1,800,445 |
Five |
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January 12, 2016 |
2/1/2016 through 1/31/ 2017 |
$1,800,445 |
Six |
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December 13, 2016 |
2/1/2017 through 1/31/ 2018 |
$1,800,445 |
Seven |
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January 23, 2018 |
2/1/2018 through 1/31/ 2019 |
$1,800,445 |
Eight |
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December 12, 2018 |
2/1/2019 through 1/31/2021 |
$5,300,000 |
Nine |
It is requested that the Board approve the new contract with Juguilon Medical Corporation for the two-year term of February 1, 2021, through January 31, 2022, in the not to exceed amount of $2.9 million, renewable for eight additional one-year terms, as noted in the Recommended Action. Note that due to Juguilon Medical Corporation's need for additional staff as well as the rise in cost of living, there was a rise in the contract amount from $2.65 million, in the previous amount to $2.9 million.
For Year Two of the previous contract, Juguilon Medical Corporation had requested a price increase of 3 percent to cover general business operating cost increases; however, due to severe budget limitations faced by the County, the vendor agreed to maintain the price at the same annual amount in exchange for an additional renewal year (Year Six) being added to the previous contract. Subsequently, Amendment Number Two renewed the previous contract for Year Three in the increased annual amount of $1,800,445, which was requested to cover ongoing escalating business and operating costs. Juguilon Medical Corporation requested a 3 percent increase in the previous contract amount for Year Four; however, because of continuing County budget limitations, the vendor agreed to maintain the same annual cost for Year Four, in exchange for an additional renewal year (Year Seven) appended to the previous contract. The Board approved Amendment Number Three covering Year Four, renewable annually for three additional years. At that time, the Department advised that Board approval would be required prior to the beginning of each of the remaining three renewal years. Juguilon Medical Corporation requested a 4 percent increase in the previous contract amount for Year Five and justified this requested increase with documentation reflecting its increased costs; however, the vendor agreed to maintain the current contract cost in exchange for an additional renewal year (i.e., Year Eight) added to the previous contract. The Board approved Amendment Number Four to the previous contract with Juguilon Medical Corporation for Year Five in the same annual amount and added an additional one-year renewal term to the previous contract. Subsequently, on December 18, 2018, the Board approved a new contract with Juguilon Medical Corporation for $5.3 million.
The Department is now requesting approval of Amendment Number One to the Juguilon Medical Corporation Contract in a not to exceed amount of $2.9 million, for the term of February 1, 2021, through January 31, 2022, renewable for seven additional one-year terms. The Contractor's performance has been confirmed as at least satisfactory. The Department has verified there are no concerns that must be addressed with respect to Contractor's ownership/name, litigation status or conflicts with County interests. This contract is submitted for Board approval less than 30 days prior to the start of the contract due to an extended period of negotiations with the vendor.
This contract does not currently include
subcontractors or pass through to other providers. See Attachment D for the Contract Summary.
FINANCIAL IMPACT:
Appropriations for this contract are included in the Sheriff-Coroner's FY 2020-21 Budget for Budget Control 060, and is included in the budgeting process for future years. This contract contains language allowing the Sheriff-Coroner Department to terminate the contract or reduce the level of services without penalty with cause or without cause in the event that funding is reduced and/or not available to continue funding the contract.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Amendment Number One to Contract
MA-060-19010442
Attachment B - Redline Version of Contract
Attachment C - Government Code Section 27491
Attachment D - Contract Summary Form