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CM-2021-351 - 12/17/2021FIRST AMENDMENT TO CLINIC SERVICE AGREEMENT This First Amendment to Clinic Service Agreement (this "First Amendment") entered into as of the last signature date below by and between City of Round Rock ("City") and Direct Care Medical PLLC ("DCM") Assignee under Assignment effective January 1, 2021 of that certain Clinic Service Agreement dated November 20, 2018 (the "Agreement"), by and between CareATC, Inc. ("CareATC") and City. WHEREAS, City and CareATC entered into the Agreement, pursuant to which CareATC provides Covered Services through its private medical clinics to City for the benefit of eligible employees and other eligible participants; and WHEREAS, City and DCM desire to amend the terms of the Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein and, in the Agreement, City and DCM agree as follows: 1. Rate and Performance Guarantee, the first paragraph of Section 3 of the Agreement, is amended as follows: The Fees set forth in Exhibit B shall remain in effect for the initial term of this Agreement. Commencing with the third renewal (January 13, 2022) the fees in Exhibit B will increase annually at a rate determined by the Consumer Price Index ("CPI") issued by the U.S. Department of Labor, Bureau of Labor Statistics, for Medical Care (Physicians') Services. The City reserves the right to accept such increase, negotiate an increase, or terminate the Agreement as provided in Section 4 of the Agreement. 2. Clinic Monthly Fees set forth in Exhibit B "Fees" of the Agreement is amended as follows: City's monthly administration fee is increased 3.9% to match the previous year's Consumer Price Index for Medical Care (Physicians') Services. The new monthly administration fee will be $56,010,72, This fee is calculated using our half day rate of $1,293.55 for 10 blocks per week. 3. Performance Guarantees set forth in Exhibit B "Fees" of the Agreement is replaced entirely with the Performance Guarantees shown on the attached Exhibit B. 4. Except as amended by this First Amendment, all terms, provisions, and conditions of the Agreement remain unchanged and shall continue in full force and effect. The Agreement, as amended by this First Amendment, constitutes the complete and entire understanding of City and DCM with respect to the subject matter thereof. In the event of a conflict between the terms and conditions of the Agreement and this First Amendment, the terms and conditions of this First Amendment shall govern with respect to the subject matter hereof. This First Amendment may be executed in counterparts, each of which will be deemed an original and all of which together will constitute one and the same document. Signature pages may be transmitted by facsimile, PDF, e-signature or other electronic means and shall be deemed original. CORR.01 A MCAS.20211115.THR 1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the last signature date below. Direct Care Medical PLLC (DCM) Name: Sccebickison Title: Chief Financial Officer Date: - City of Round Rock Name: t' Ayi !� Title: 455 - C//,q g4kgn r- Date: J86� / V CORR.0I AMCAS.202111 l57HR 2 Exhibit B Fees 3. Performance Guarantees DCM has committed to achieving the following five (5) goals. Fees at risk are equal to 100"0 of clinic management fee (clinic management fees are defined as 10% of the annual administration fee or $67,212.90). Total fees at risk equate to $6,721.29 broken out by weighted categories below: I . Financial return on investment of at least 1:1 (2% of clinic management fee) 2. Reduction in member risk profile (2% of clinic management fee) 3. Customer Satisfaction as measured by (2% of clinic management fee): c: Net Promoter Score of clinic above 75 r PEX Score - Patient Experience - above 4 4. Same day next day appointment availability (2% of clinic management fee) 5. Account management satisfaction survey (2% of clinic management fee) o Account manager will be available to meet with city's management team quarterly and be available for bi-weekly calls o Account manager will provide agenda prior to calls and minutes after calls o Account manager will acknowledge receipt of request for information or assistance within 24 hours of any outreach U At least 90% satisfaction with the program: support services, programs, program management To be eligible for performance guarantees, City must meet the following standards: • City must provide access to the clinics at no cost to the patient enrolled in the City Health Plans. • City must provide access to the clinics to all covered members — employees, spouses, dependents (age 5 and up), and retirees. • City agrees to provide DCM, through its health insurance provider, detailed medical and prescription drug claims information and employee demographic data for at lease the previous 12-month period prior to the clinics opening to establish a baseline. • City agrees to remove from the paid claims totals for any outlier claims in excess of $75,000 per claimant per year. Annual performance periods shall begin on January 1 and end each year thereafter during the Term. If DCM fails or refuses to meet the guarantees as described above during the effective year, City shall be entitled to withhold from DCM's fees for services under this Agreement the percentages of the annual amount of the administrative fees payable by the City during the following year for each area of performance described above. The first performance guarantee evaluation will be performed in April. CORR.0I AMCAS.20211115.THR 3 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a First Amendment to a Clinic Service Agreement with Direct Care Medical PLLC (formerly CareATC). Type: City Manager Item Governing Body: City council Agenda Date: 12/17/2021 Dept Director: Valerie Francois Cost: $25,228.94 Indexes: Self -Funded Health Insurance Attachments: Direct Care Medical PLLC Department: Human Resources Text of Legislative File CM-2021-351 This Agreement provides Covered Services through its private medical clinics to City for the benefit of eligible employees and other eligible participants. Cost: An increase of 3% each month which totals $25,228.94 for (1) year. This is an extension of the current contract. Source of Funds: Self -Funded Health Insurance City of Round Rock Page 1 of 1