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Home My WebLink AboutAgreement A-16-189 with Goodfellow Occupational Therapy Services.pdf COUNTY OF FRESNO Fresno, CA - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT II TO AGREEMENT THIS AMENDMENT, hereinafter referred to as Amendment II, is made and entered into this 10th day of May , 2016, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as “COUNTY”, and JOHN E. GOODFELLOW, dba GOODFELLOW OCCUPATIONAL THERAPY SERVICES, a Sole Proprietorship, whose address is 2505 West Shaw Ave., Building A, Fresno, CA 93711, hereinafter referred to as “CONTRACTOR” (collectively the “parties”). WHEREAS the parties entered into that certain Agreement, identified as Purchasing Agreement No. P-15-007-O, effective January 1, 2015, and Amendment I to that Agreement, identified as Amendment No. A-15-220, effective January 1, 2015, collectively referred to as the “Agreement,” whereby CONTRACTOR agreed to provide qualified Occupational Therapists to work with children with handicapping conditions, generally due to neurological or musculoskeletal disorders for COUNTY’s Department of Public Health (DPH); and WHEREAS the parties desire to amend the Agreement regarding changes as stated below and restate the Agreement in its entirety. NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions, hereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows: 1. That the section of the existing COUNTY Agreements Nos. P-15-007-O and Amendment I A-15-220, as set forth in the original Agreement at Page one (1), beginning with Section one (1), Line seventeen (17) with the letter “A” and ending on Line twenty-three (23) with the word “month” be deleted and the following inserted in its place: “A. CONTRACTOR shall provide licensed Occupational Therapists with a minimum of three (3) years documented experience; or if less than three (3) years experience, written approval from the CCS Rehabilitative Therapy Manager and the Children’s Medical Service’s CCS Division Manager must be requested and obtained prior to placement, working with children with physically disabling conditions such as, but not limited to, cerebral palsy and spina bifida, to provide occupational therapy services to COUNTY’S DPH CCS MTP up to eight thousand three hundred sixty (8,360) hours annually.” COUNTY OF FRESNO Fresno, CA - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the section of the existing COUNTY Agreements Nos. P-15-007-O and Amendment I A-15-220, as set forth in the original Agreement at Page one (1), beginning with Section one (1), Line twenty-four (24) with the letter “B” and ending on Line twenty-eight (28) with the word “below” be deleted and the following inserted in its place: “CONTRACTOR’S Occupational Therapists shall be CCS Paneled and maintain all licenses, credentials, board registrations, and/or certifications necessary for the provision of services under this Agreement, as required by the laws and regulations of the Federal Government, State of California, and/or local governments, including any other applicable government agency or non-profit organization, throughout the term of this Agreement as set forth in Section 2 below.” 3. That the section of the existing COUNTY Agreements Nos. P-15-007-O and Amendment I A-15-220, as set forth in the original Agreement at Page three (3), beginning Section four (4), Line twenty-four (24) with the word “COUNTY” and ending on Page four (4), Line two (2) with the word “CONTRACTOR” be deleted and the following inserted in its place: “COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation at the rate of Ninety-Five and No/100 Dollars ($95.00) per hour for actual services performed, as described in Section One (1) of this Agreement. In no event shall actual services performed under this agreement be in excess of Three Million Three Hundred Fifty-One Thousand Four Hundred Sixty and No/100 Dollars ($3,351,460) during the term of this Agreement. It is understood that all expenses incidental to CONTRACTOR’s performance of actual services under this Agreement shall be borne by CONTRACTOR.” 4. That the section of the existing COUNTY Agreements Nos. P-15-007-O and Amendment I A-15-220, as set forth in the original Agreement under Section Two (2), entitled “TERM,” at Page two (2), beginning with Line twenty-seven (27) with the word “This” and ending on Line twenty-eight (28) with the word “2015” be deleted and the following inserted in its place: “The term of this Agreement shall be for a period of one (1) year, commencing on July 1, 2016 through and including June 30, 2017. This Agreement may be extended for two (2) additional consecutive twelve (12) month periods upon written approval of both parties no later than thirty (30) days prior to the first day of the next twelve (12) month extension period. The DPH Director or his or COUNTY OF FRESNO Fresno, CA - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 her designee is authorized to execute such written approval on behalf of COUNTY based on CONTRACTOR’S satisfactory performance.” 5. CONFIDENTIALITY All services performed by CONTRACTOR(S) under this Agreement and any information CONTRACTOR(S) creates, receives, or maintains pertaining to protected health information shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality. 6. COUNTY and CONTRACTOR agree that this Amendment II is sufficient to amend the Agreement and Amendment I, and that upon execution of this Amendment II, the Agreement, Amendment I and this Amendment II together shall be considered the Agreement. 7. Except as otherwise provided in this Amendment II, all other provisions of the Agreement and Amendment I remain unchanged and in full force and effect. This Amendment II shall become effective July 1, 2016. /// /// /// /// /// /// /// /// /// 1 IN WJTNESS WHEREOF, the parties hereto h&ve exe_cute<:l this Ame.ndmentH to Asreement as ofthe' 2 · . day and year firSt hereinabove Written. 3 ~ONTRA(:TOR: John E. Goodfello\v 4 5 Dba, Goodfellow Occupational Therapy Services :. B~~Y-~ ./~ ' : ,,,, ,, ''' ' 8 ' Print Name: JP h11 13~ Goodf.t/Jo~ 9 10 ' ' Title: ceo lcJWA//[~ Chairmantbfthe Board, or President, or any Vke President 11 12 13 Date: .!'.r@. ·.b / C:,. jO/ 1~ q'if' I~ r·~ 14 By __ __;__,. __ ..,_,.... ____ _ 15 16 17 18 19 20 21 22 23 24 2$ 26 27 28' Print Name:~· ......,._....,....,..,------- Title: ----~-~~---Secretary {QfCofpQration), or any Assistant Secretary~_ or Clilef' Firtanciaf ()fficer; or arty N;sistan:t Treasurer Date: -----'---- . Mailing Address: 2505. w·shaw Ave., Building A 'Fresn(),{:A9~7J 1 Phone#: (559)'228~9100 Contact: John Goodfellow -4 - COUNT¥ OF. FRESNO BERNICE E~ SEIDEL, Clerk Board ofSupervisors By ~SOvvY. f2¥o~ftP :Pate:. rYJo , !'. J D 1 & 0 ll~ PLEASit'SEE ADDITIONAL SIGNATUREPAGE ATTACIJED COUN'l'Y OF FRES~O Fi~srio, 'cl\ 12345678910111213141516171819202122232425262728APPROVEDASTOLEGALFORM:DANIELCEDERBORG,COUNTYCOUNSELAPPROVEDASTOACCOUNTINGFORM:VICKICROW,C.P.A.,AUDITOR-CONTROLLER/TREASURER-TAXCOLLECTORByREVIEWEDANDRECOMMENDEDFORAPPROVAL:By.DavidPomavilleDirectorDepartmentofPublicHealthFund/Subclass:0001/10000Organization:56201601Account#:7295BH5COUNTYOFFRESNOFresno,CA