HomeMy WebLinkAboutAgreement A-22-012 with The Permanente Medical Group.pdf-1 -
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (hereinafter “Amendment”) is made and entered
into this 4th day of January 2022, by and between COUNTY OF FRESNO, a Political Subdivision of
the State of California, Fresno, California (hereinafter “COUNTY”), and The Permanente Medical
Group, Inc., a California professional medical corporation, whose address is 1950 Franklin Street,
Oakland, CA 94612, (hereinafter “TPMG”).
WITNESSETH:
WHEREAS, COUNTY and TPMG entered into Agreement No. D-21-017, dated January 15,
2021, and was ratified by the Fresno County Board of Supervisors on May 11, 2021, (hereinafter
“Agreement”), pursuant to which TPMG agreed to provide Physician Consultation services to
COUNTY; and
WHEREAS, COUNTY and TPMG now desire to amend the Agreement in order to extend the
contract term and increase compensation accordingly; and
WHEREAS, COUNTY and TPMG desire to execute this Amendment retroactive to December
20, 2021 to ensure sufficient compensation is included in the Agreement to fund services provided
through the original Agreement term end date of January 14, 2022.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the parties agree as follows:
1.Section Two (2) Term of the Agreement, located on page One (1), is deleted in its
entirety and replaced with the following:
"2. Term. This Agreement shall commence on January 15, 2021 and shall continue
for a two (2) year period, with the option to extend the term thereafter for one (1) additional twelve (12)
month period, upon approval by both parties no later than thirty (30) days prior to the first day of the
next twelve (12) month period. The Department of Public Health Director or his or her designee is
authorized to execute such written approval on behalf of the COUNTY based on TPMG’s satisfactory
performance, unless this Agreement is terminated by either Party as provided in Section 7.8 below."
2.Section Three (3) Compensation of the Agreement, located on page One (1), is
deleted in its entirety and replaced with the following:
Doc ID: 20211116134942118
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Agreement No. 22-012
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"3. Compensation. In consideration for its provision of the Services hereunder,
COUNTY shall reimburse TPMG at the rate described in Revised-Exhibit B, attached hereto and
incorporated herein by reference, for Services provided by Doctor to COUNTY. The Parties agree that
Doctor shall provide Services pursuant to a mutually agreed-upon schedule which shall not exceed
seventy-six (76) hours per month.
For the period of January 15, 2021 through January 14, 2023, in no event shall
actual services performed under this Agreement, be in excess of Three Hundred Five Thousand Five
Hundred Forty-Four and No/100 Dollars ($305,544.00). For the subsequent twelve (12) month
extension period under this Agreement (January 15, 2023 through January 14, 2024), in no event shall
actual services be in excess of One Hundred Fifty-Eight Thousand Six Hundred Eighty-Eight and
No/100 Dollars ($158,688.00).
3.1 No Other Compensation. TPMG shall not be entitled to any other
compensation or consideration for the Services rendered hereunder without the
prior written consent of COUNTY, which it may grant or withhold in its sole
discretion.
3.2 Expense Reimbursement. Doctor shall be entitled to any expense
reimbursement from COUNTY that is authorized by COUNTY and provided in a
manner consistent with COUNTY’S policies for expense reimbursement."
3. That all references in existing Agreement No. D-21-017, to “Exhibit B” shall be changed
to read “Revised Exhibit B”, where appropriate. A copy of Revised Exhibit B is attached hereto and
incorporated herein by reference.
COUNTY and TPMG agree that this Amendment is sufficient to amend the Agreement and,
that upon execution of this Amendment, the Agreement and this Amendment together shall be
considered the Agreement.
The parties agree that this Amendment may be executed by electronic signature as provided in
this section. An “electronic signature” means any symbol or process intended by an individual signing
this Amendment to represent their signature, including but not limited to (1) a digital signature; (2) a
faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for
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example by PDF document) of a handwritten signature. Each electronic signature affixed or attached
to this Amendment (1) is deemed equivalent to a valid original handwritten signature of the person
signing this Amendment for all purposes, including but not limited to evidentiary proof in any
administrative or judicial proceeding, and (2) has the same force and effect as the valid original
handwritten signature of that person. The provisions of this section satisfy the requirements of Civil
Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it
has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a),
paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This
Amendment is not conditioned upon the parties conducting the transactions under it by electronic
means and either party may sign this Amendment with an original handwritten signature.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shall remain
in full force and effect.
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EXECUTED AND EFFECTIVE as of the date first above set forth.
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CONTRACTOR: THE PERMANENTE
MEDICAL GROUP, INC. (TPMG)
Shazad K. Jahromi , MD
Phvsician-1 n-Chief
E-Signed : 11/16/2021 11 :50 PM PST
shahzad.k.jahroml@kp.org
Title: Physician In Chief
IP : 162 .119 .16.13
Mailing Address :
Doc!D : 20211116134942118
Medical Services Contracting
P.O. Box 23380
Oakland, CA 94623-2338
Attn : Administrator
17 FOR ACCOUNTING USE ONLY :
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Fund :0001
Subclass: 10000
ORG :5620
Account:7295
Doc ID 120211116134942118
Sertifi El ~ronlc Signature
COUNTY OF FRESNO:
Brian Pacheco , Chairman of the Board of
Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
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