HomeMy WebLinkAboutAgreement A-22-427 Amendment with CSU Fresno Foundation Rx Program.pdf Agreement No. 22-427
1 AMENDMENT I TO AGREEMENT
2 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter"Amendment") is made and entered
3 into this 20th day of September 2022, by and between COUNTY OF FRESNO, a Political
4 Subdivision of the State of California, Fresno, California (hereinafter"COUNTY"), and California State
5 University, Fresno Foundation, a California Non-Profit Corporation, whose address is 4910 North
6 Chestnut Avenue, Fresno, California 93726, hereinafter referred to as "CONTRACTOR".
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number A-19-100,
9 dated the 26th of February 2019 (hereinafter"Agreement"), pursuant to which CONTRACTOR agreed
10 to provide comprehensive evaluation services for identification and treatment protocols of high-risk
11 hypertension and high cholesterol of patients of low socioeconomic status in urban and rural areas;
12 and
13 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement
14 regarding changes as stated below and restate the Agreement in its entirety.
15 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
16 which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
17 1. That all references in the Agreement to "Exhibit B", shall be changed to read
18 "Revised Exhibit B". Revised Exhibit B is attached hereto and incorporated herein by this reference.
19 2. That Paragraph Four(4)—Compensation/Invoicing, of the Agreement, on Page
20 Three (3), beginning on Line Two (2)with the word "COUNTY", and ending on Page Three (3), Line
21 Twenty-Seven (27) with the word "claims" shall be deleted in its entirety and replaced with the
22 following:
23 "A. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
24 compensation at the rates as identified in Revised Exhibit B, attached hereto and incorporated herein by
25 this reference.
26 For the period February 26, 2019 through and including September 29, 2019, in no
27 event shall actual services performed be in excess of Forty-Three Thousand Three Hundred Thirty-
28 Three and No/100 Dollars ($43,333.00).
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1 For the period September 30, 2019 through September 29, 2020, in no event
2 shall actual services preformed be in excess of Fifty-Two Thousand Seven Hundred Sixty-Four and
3 No/100 Dollars ($52,764.00).
4 For the period September 30, 2020 through September 29, 2021, in no event
5 shall actual services preformed be in excess of Seventy-Seven Thousand Two Hundred Thirty-Three
6 and No/100 Dollars ($77,233.00).
7 For the period September 30, 2021 through September 29, 2022, in no event
8 shall actual services preformed be in excess of Sixty-Five Thousand and No/100 Dollars ($65,000.00).
9 For the period September 30, 2022 through September 29, 2023, in no event
10 shall actual services preformed be in excess of Sixty-Five Thousand and No/100 Dollars ($65,000.00).
11 In no event shall services performed under this Agreement be in excess of
12 Three Hundred Three Thousand Three Hundred Thirty and No/100 Dollars ($303,330.00) during the
13 total term of this Agreement. It is understood that all expenses incidental to CONTRACTOR'S
14 performance of services under this Agreement shall be borne by CONTRACTOR.
15 B. Payments by COUNTY shall be in arrears, for services provided during the
16 preceding month, within forty-five(45)days after receipt and verification of CONTRACTOR's invoices by
17 COUNTY's Department of Public Health. If CONTRACTOR should fail to comply with any provision of
18 this agreement, COUNTY shall be relieved of its obligation for further compensation.
19 C. COUNTY shall not be obligated to make any payments under this Agreement if the
20 request for payment is received by the COUNTY more than forty-five(45) days after this Agreement has
21 terminated or expired.
22 D. CONTRACTOR shall invoice COUNTY monthly, by the thirtieth (30'h)day of each month
23 for the prior month's expenditures, addressed to the County of Fresno, Department of Public Health,
24 Office of Health Policy and Wellness(OHPW),Attention: CW Staff Analyst, P.O. Box 11867, Fresno, CA
25 93775. Invoices shall detail line items as specified in Revised Exhibit B including original budget
26 amount(s), current month's expenses, year-to-date expenses, and budget balances. In addition, invoices
27 shall include all relevant supporting documentation, including but not limited to copies of original
28 statements, program expense receipts, payroll records and mileage claims."
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1 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
2 Agreement, and that upon execution of this First Amendment, the Agreement and this First
3 Amendment together shall be considered the Agreement.
4 The parties agree that this First Amendment may be executed by electronic signature as
5 provided in this section. An "electronic signature" means any symbol or process intended by an
6 individual signing this Amendment to represent their signature, including but not limited to (1) a digital
7 signature; (2) a faxed version of an original handwritten signature; or(3) an electronically scanned and
8 transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
9 affixed or attached to this Amendment (1) is deemed equivalent to a valid original handwritten
10 signature of the person signing this Amendment for all purposes, including but not limited to
11 evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as
12 the valid original handwritten signature of that person. The provisions of this section satisfy the
13 requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
14 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
15 signature represents that it has undertaken and satisfied the requirements of Government Code
16 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
17 upon that representation. This Amendment is not conditioned upon the parties conducting the
18 transactions under it by electronic means and either party may sign this Amendment with an original
19 handwritten signature.
20 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
21 covenants, conditions, and promises contained in the Agreement and not amended herein shall
22 remain in full force and effect. This Amendment shall become effective upon execution.
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1 IN WITNESS WHEREOF,the parties hereto have executed this Amendment I as of the day and
2 year first hereinabove written.
3
4 CALIFORNIA STATE UNIVERSITY, COUNTY OF FRESNO
FRESNO FOUNDATION
6 �/ L OL
(Authorized Signature) Brian Pacheco,
7 Chairman of the Board of Supervisors of
8 Dr, Joy J, Goto, Interim Dean of the County of Fresno
Research and Graduate Studies
9 Print Name&Title
10 07/08/2022
Date
11
12
13 (Authorized Signature)
14 Keith Kompsi, Director Foundation Financial
Services
15 Print Name&Title
16 07/08/2022
Date
17
18 Mailing Address: ATTEST:
4910 N, Chestnut Bernice E. Seidel
19 Fresno, CA 93726 Clerk of the Board of Supervisors
20 County of Fresno, State of California
21
By:
22 Deputy
FOR ACCOUNTING USE ONLY:
23
24 Fund/Subclass: 0001/10000
Organization: 56201554
25 Account: 7295
26
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