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HomeMy WebLinkAboutAgreement A-17-062 with Goodfellow Occupational Therapy Services.pdfAgreement No. 17-062 AMENDMENT Ill TO AGREEMENT 2 THIS AMENDMENT , hereinafter referred to as Amendment Ill, is made and entered 3 into this _1!b_ day of March , 2017 by and between the COUNTY OF FRESNO , a Political 4 Subdivision of the State of California , hereinafter referred to as "COUNTY," and JOHN E. 5 GOODFELLOW, dba GOODFELLOW OCCUPATIONAL THERAPY SERVICES , a Sole 6 Proprietorship , whose address is 2505 West Shaw Ave ., Building A, Fresno , CA 93711, 7 hereinafter referred to as "CONTRACTOR" (collectively the "parties "). 8 WITNESSETH: 9 WHEREAS , the parties entered into that certain Agreement , identified as Purchasing 10 Agreement No . P-15-007-0 , effective January 1, 2015 , and Amendment I to that Agreement, 11 identified as Amendment No. A-15-220 , effective January 1, 2015 , and Amendment II to that 12 Agreement, identified as Amendment No . A-16-189 , effective July 1, 2016, hereinafter 13 collectively referred to as the "Agreement," whereby CONTRACTOR agreed to provide 14 qualified Occupational Therapists to work with children with handicapping conditions, 15 16 17 18 19 20 2 1 22 23 generally due to neurological or musculoskeletal disorders for COUNTY's Department of Public Health (DPH); and WHEREAS, the parties now 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 Agreement , as set forth in Amendment II at Page one (1 ), beginning with Section One (1 ), Line Twenty-Two (22) with the letter "A" and ending on Line 24 Twenty-Eight (28) with the word "annually" be deleted and the following inserted in its place : - 1 - - 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 “A. CONTRACTOR shall provide licensed Occupational and Physical 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 and physical therapy services to COUNTY’S DPH CCS MTP up to nine thousand twenty-five (9,025) hours annually.” 2. That the section of the Agreement, as set forth in Amendment II at Page one (1), beginning with Section Two (2), Line Five (5) with the word “CONTRACTOR’S” and ending on Line Nine (9) with the word “below” be deleted and the following inserted in its place: “B. CONTRACTOR’S Occupational and Physical Therapists shall be CCS Paneled and maintain all licenses, credentials, board regulations, 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 Agreement, as set forth in Amendment II at Page Two (2), beginning with Section Three (3), Line Fourteen (14) with the word “COUNTY” and ending on Page Two (2), Line Twenty (20) 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 Four Hundred - 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 Seventy-Seven Thousand Eight Hundred Ten and No/100 Dollars ($3,477,810) during the term of this Agreement. It is understood that all expenses incidental to CONTRACTOR’S performance of actual services under this Agreement shall be borne by CONTRACTOR.” 4. COUNTY and CONTRACTOR agree that this AMENDMENT III is sufficient to amend the Agreement and that upon execution of this Amendment III, the Agreement, Amendment I, Amendment II, and Amendment III together shall be considered the Agreement. 5. Except as otherwise provided in this Amendment III, all other provisions of the Agreement, Amendment I, and Amendment II remain unchanged and in full force and effect. This Amendment III shall become effective July 1, 2017. /// /// /// /// /// /// /// /// /// /// /// /// /// /// IN WITNESS WHEREOF, the parties hereto have executed this Amendment II to Agreement ac; of the COUNTY OF FRESNO vl~j_ By ____________________ __ Brian Pacheco, Chairman, Board of Supervisors Date : .$ -'7 -I) BERNICE E. SEIDEL, Clerk Board of Supervisors By ~~ ~sho-p ,~ Date : -3 -'I -I ~ PLEASE SEE ADDITIONAL SIGNATURE PAGE ATTACHED