HomeMy WebLinkAboutAgreement A-22-369 2nd Amendment to Agreement with VMS Counseling.pdf Agreement No. 22-369
1 SECOND AMENDMENT TO SERVICE AGREEMENT
2 This Second Amendment to Service Agreement("Second Amendment)is dated August
3 23,2022 and is between VMS Family Counseling Services, Professional Corporation, a
4 California corporation, ("Contractor"),and the County of Fresno, a political subdivision of the
5 State of California("County").
6 Recitals
7 A. On June 23, 2020,the County and the Contractor entered into Agreement with VMS
8 Family Counseling Services, Professional Corporation,which is County agreement number 20-
9 232 ("Agreement"),for Psychological Services for Sheriff-Coroner-Public Administrator
10 Personnel.
11 B. On June 8, 2021,the County and the Contractor entered into the First Amendment to
12 Service Agreement to increase the maximum compensation value amount for additional
13 services to meet the increased service volume.
14 C. Contractor represents that it has experienced unanticipated costs, due to rising inflation,
15 and must raise its rates accordingly in order to maintain the best and brightest therapists.
16 D. In exchange for this rate increase,the Contractor will increase the duration of the
17 counseling sessions from 45 minutes to 50 minutes, and will change the no-show policy to
18 reduce costs to the County, due to a high frequency of individuals failing to show for counseling
19 sessions.
20 E. Contractor's rates have remained consistent since its initial proposal in 2015, despite the
21 rising cost of its private insurance.As quoted in the Suspension of Competition Acquisition
22 request in 2020,the Sheriffs Office wants to keep the care with current patients consistent from
23 Contractor,as Contractor understands the unique stressors associated with law enforcement.
24 The Sherifrs Office have had an established relationship with Contractor since July 2015.
25 F. The County and the Contractor now desire to further amend the Agreement to increase
26 the duration of the counseling sessions to 50 minutes, increase some of Contractor's listed rates
27 to meet the unanticipated increasing costs experienced by Contractor, and revise the no-show
28 provision to reduce costs to the County, due to the high frequency of no-shows.
1
1 The parties therefore agree as follows:
2 1. A portion of Section 4 of the Agreement, page 3, lines 22 through 25, is deleted, and
3 replaced with the following:
4 "in no event shall compensation for services performed under this Agreement exceed
5 four hundred and ten thousand dollars($410,000)during the term of this Agreement,with an
6 annual maximum compensation amount of eighty-two thousand dollars($82,000). The parties
7 agree that all expenses incidental to CONTRACTOR's performance of services under this
8 Agreement shall be borne by CONTRACTOR."
9
10 2. The existing"Exhibit A"of the Agreement located in page 11 and 12 is deleted in its
11 entirety, and replaced with the following:
12
13
14 Revised Exhibit"A"
15 PRICES and CANCELLATION FEES
16 Psychological Services for Sheriff-Coroner-Public Administrator Personnel ("client")to include
17 the following:
18 Office Visit Length of Session Fee
19 1. Individual Session 50 Minutes $60.00 to$75.00(25% Increase)
20 2. Family/Couple Session 50 Minutes $70.00 to$85.00(21% Increase)
21 3. Training Seminar Per Hour $100.00 to$125.00(25% Increase)
22 4. Consultation Services Per Hour $75.00 to$75.00(No Increase)
23 5. No-Show Fee' $50.00 to$65.00(30% Increase)
24 Intems:
25 Intems approved by Victoria Sanders, LMFT, may be utilized to provide the following services at
26 the prices listed below(if a client does not wish to see an intern,the client will be offered an
27 appointment with a LCSW or a LMFT staff member):
28 Office Visit Length of Session Fee
2
1 1. Individual Session 50 Minutes $50.00 to$65.00(30% Increase)
2 2. Family/Couple Session 50 Minutes $60.00 to$75.00(25% Increase)
3 3. Training Seminar Per Hour $100.00 to$100.00(No Increase)
4 4. No-Show Fee* $40.00 to$55.00(38% Increase)
5 Visits or sessions will take place through Zoom or at the following address:
6 VMS Family Counseling Services, Professional Corporation
7 2350 W. Shaw Avenue, Suite 116
8 Fresno, CA 93711
9 Cancellation and No-Show fees are as follows:
10 . There will be no No-Show Fee applied if client contacts the office before 5:OOPM the day
11 prior to their scheduled appointment.
12 . No-Show includes any session that is canceled by client later than 5:OOPM the business
13 day prior to the appointment.
14 . The Department will be charged for the first two No-Show appointments by a client. For
15 any additional No-Shows by the same client,the client will be required to pay the no-
16 show fee, and the Department will not be charged for additional No-Show Fees for that
17 client, in the same calendar year.
18 3. When both parties have signed this Second Amendment,the Agreement,the First
19 Amendment, and this Second Amendment together constitute the Agreement.
20 4. The Contractor represents and warrants to the County that:
21 a. The Contractor is duly authorized and empowered to sign and perform its obligations
22 under this Amendment.
23 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
24 to do so and his or her signature on this Amendment legally binds the Contractor to
25 the terms of this Amendment.
26 5. The parties agree that this Second Amendment may be executed by electronic signature
27 as provided in this section.
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3
I a. An"electronic signature means any symbol or process intended by an individual
2 signing this Second Amendment to represent their signature, including but not limited
3 to(1)a digital signature; (2)a faxed version of an original handwritten signature; or
4 (3)an electronically scanned and transmitted (for example by PDF document)
5 version of an original handwritten signature.
6 b. Each electronic signature affixed or attached to this Second Amendment is deemed
7 equivalent to a valid original handwritten signature of the person signing this Second
8 Amendment for all purposes, including but not limited to evidentiary proof in any
9 administrative or judicial proceeding, and (2)has the same force and effect as the
10 valid original handwritten signature of that person.
11 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part
13 2,Title 2.5, beginning with section 1633.1).
14 d. Each party using a digital signature represents that it has undertaken and satisfied
15 the requirements of Government Code section 16.5,subdivision(a),paragraphs(1)
16 through (5), and agrees that each other party may rely upon that representation.
17 e. This Second Amendment is not conditioned upon the parties conducting the
18 transactions under it by electronic means and either party may sign this Second
19 Amendment with an original handwritten signature.
20 6. This Second Amendment may be signed in counterparts, each of which is an original,
21 and all of which together constitute this Second Amendment.
22 7. The Agreement as previously amended, and as amended by this Second Amendment is
23 ratified and continued.All provisions of the Agreement as previously amended and not
24 amended by this Second Amendment remain in full force and effect.
25 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Second Amendment on the date stated in the introductory
2 clause.
3
VMS Family Cwvni seting Services COUNTY OF FRESNO
4
5 r LOA,,
6 Victoria Sabders, a Brian Pacheco,Chairman of the Board of
7 2350 W. Shaw Ave. Suite 116 Supervisors of the County of Fresno
Fresno, CA 93711 Attest:
8 Bernice E.Seidel
Clerk of the Board of Supervisors
9 County of Fresno,State of California
10
By:_
11 Deputy
12 For accounting use only:
13 Org No.: 31112415
Account No.: 7295
14 Fund No.:0001
Subclass No.: 10000
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