Title
Sheriff's Office recommending the Board:
1) Make findings that it is appropriate to engage an independent contractor to provide selected pathology and related services, as Agreement 2402 can be more economically and feasibly performed by independent contractors than County employees in accordance with Ordinance 3.13.030(A);
2) Make findings in accordance with Procurement Policy C-17 Section 3.4(2.f) to exempt Agreement 2402 from the competitive bidding process, with Purchasing Agent concurrence, because the continuity of providers will provide efficiency or critical knowledge, and other providers cannot provide similar efficiencies or critical knowledge; and
3) Approve and authorize the Chair to execute Amendment V to Agreement 2402 with Michael C. Berry, M.D., to provide selected pathology and related services in Placerville and South Lake Tahoe for the Sheriff's Coroner Division, increasing the amount by $1,000,000 to $3,600,000, and extending the term of the Agreement by a year for a revised termination date of December 31, 2027.
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
Dr. Michael C. Berry has been providing pathology services to the Sheriff's Office since September 2010 to assist with death investigations. Dr. Berry's rates, in comparison to other providers of similar services, are the most cost-effective in the surrounding market. This is important since, the Sheriff's Office has historically had a high volume of pathology service needs, and Dr. Berry has been an affordable and efficient provider.
On April 3, 2018, with Legistar file 18-0265, the Board approved Agreement 2402 with Dr. Berry for a term of 3 years and an amount not to exceed $985,000. On September 29, 2020, with Legistar file 20-0731, the Board approved the extension of the term to 7 years, from May 1, 2018 to June 30, 2025, and the amount was increased by $400,000 to $1,385,000. On December 6, 2022, with Legistar file 22-1945, the Board approved Amendment II to Agreement 2402 increasing the amount by $615,000 to $2,000,000. The Board also authorized the Undersheriff to execute further documents relating to Agreement 2402, including future amendments which do not increase the maximum dollar amount or term of the Contract, and contingent upon approval by County Counsel and Risk Management. The Undersheriff executed Amendment III to Agreement 2402 on April 26, 2023, amending Article XII, Notice to Parties and Article XVIII, Conflict of Interest.
On April 29, 2025, with Legistar file 25-0519, the Board approved Amendment IV to Agreement 2402 will increase the amount by $600,000 to $2,600,000, extended the term to December 31, 2026, and replaced Article XVIII, Conflict of Interest, in its entirety.
Amendment V to Agreement 2402 will increase the amount by $1,000,000 to $3,600,000 and extend the term to December 31, 2027. This action is being requested to ensure that there are sufficient funds for Dr. Berry to continue providing the services that are critical to the functioning of the Coroner Division for the remainder of the term of the Agreement.
ALTERNATIVES
The Board could choose not to approve this item, but it would cause the Sheriff's Office to face significant rate increases for selected pathology and related services.
PRIOR BOARD ACTION
04/03/2018 Legistar file 18-0265
09/29/2020 Legistar file 20-0731
12/06/2022 Legistar file 22-1945
04/29/2025 Legistar file 25-0519
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have reviewed and approved this Amendment.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
No change to Net County Cost. This expense is budgeted in the Sheriff’s annual operating budget, and will continue to be requested in future budget years.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Return a fully executed Amendment V to the Sheriff's Office for distribution.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Undersheriff Eric Palmberg