HomeMy WebLinkAboutAgreement A-24-204 First Amendment to Master Agreement for Coroner Services.pdf Agreement No. 24-204
1 FIRST AMENDMENT TO SERVICE AGREEMENT
2 This First Amendment to Master Service Agreement ("First Amendment") is dated
3 May 7, 2024 and is between County of Fresno, a political subdivision of the State of
4 California, Fresno, California ("COUNTY"), and each of the providers who are signatories to this
5 Agreement, and listed in Exhibit A, and individually and collectively hereinafter referred to as
6 "Contractors," and such additional Contractors as may, from time to time during the term of this
7 Agreement, be added by County.
8 Recitals
9 WHEREAS, County and Contractors entered into Agreement number 24-014, dated
10 January 9, 2024 ("Agreement"), to enable County to obtain Coroner services, including
11 Postmortem Autopsies and External Examinations for the Sheriff's Office and case review,
12 research, and other preparations for trial, and pretrial conferences with attorneys on cases that
13 require testimony, as requested from the County, by certified Forensic Pathologists for the
14 County District Attorney's Office (individually each a "County Department" or collectively as
15 "County Departments");
16 WHEREAS, Dr. Kelly Kobylanski, D.O. (Dr. Kobylanski), whose address is 9772
17 Wexford Circle, Granite Bay, CA 95746, desires to be added as a contractor to the Agreement,
18 to provide Postmortem Autopsies and External Examinations and for case review, research, and
19 other preparations for trial, and pretrial conferences with attorneys on cases that require
20 testimony, as requested from the County Departments;
21 WHEREAS, County desires to add Dr. Kobylanski to the Agreement, to increase its list
22 of Contractors ready to provide Postmortem Autopsies and External Examinations and for case
23 review, research, and other preparations for trial, and pretrial conferences with attorneys on
24 cases that require testimony services for the County;
25 WHEREAS, County desires to increase the total Agreement compensation amount for
26 services by Five Hundred Thousand Dollars ($500,000), from Two Million Dollars ($2,000,000)
27 to Two Million Five Hundred Thousand Dollars ($2,500,000);
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1 WHEREAS, County desires to lower the standard insurance requirements if a Contractor
2 does not have any employees; and
3 WHEREAS, County and Contractors now desire to amend the Agreement in order to
4 add Dr. Kobylanski, increase Agreement total compensation amount, and lower the standard
5 insurance requirements if a Contractor does not have employees.
6 NOW, THEREFORE, upon execution of this First Amendment, County agrees that the
7 Agreement and Exhibit "A" to the Agreement are revised, updated, and amended to add as a
8 Contractor hereunder: Kelly Kobylanski, D.O.
9 1. Under Contractors shall be added to the Agreement, as follows:
10 "C. Addition of Contractors: The Sheriff or District Attorney reserve the right at any time
11 during the term of this Agreement to add new Contractors to those listed in Exhibit A. It
12 is understood any such additions will not affect compensation paid to any other
13 Contractor, and therefore such additions may be made by County without notice to or
14 approval of any other Contractor under this Agreement. Contractors also agree that
15 inclusion of Exhibit A does not constitute a guarantee or promise that any Contractor
16 shall provide any certain amount of work or services to County under this Agreement."
17 2. A portion of Section 3.2 of the Agreement, page 4, lines 3 through 6, is deleted, and
18 replaced with the following:
19 "In no event shall the total cumulative amount of compensation paid to all Contractors
20 for services performed under this Agreement exceed Two Million Five Hundred
21 Thousand Dollars ($2,500,000) during the term of this Agreement, commencing January
22 9, 2024, for the entire term of the Agreement."
23 3. A portion of Exhibit C of the Agreement, page C-1, 1. Required Policies for (A)
24 Commercial General Liability, is deleted, and replaced with the following:
25 "Commercial General Liability. If a Contractor has no employees, the required
26 commercial general liability insurance to be maintained by that Contractor is Commercial
27 general liability insurance with limits of not less than One Million Dollars ($1,000,000) per
28 occurrence and an annual aggregate of Two Million Dollars ($2,000,000). If a Contractor
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1 has employees, the required commercial general liability insurance to be maintained by
2 that Contractor remains at the County standard limits of not less than Two Million Dollars
3 ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars
4 ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must
5 include products, completed operations, property damage, bodily injury, personal injury,
6 and advertising injury. The Contractor shall obtain an endorsement to this policy naming
7 the County of Fresno, its officers, agents, employees, and volunteers, individually and
8 collectively, as additional insureds, but only insofar as the operations under this
9 Agreement are concerned. Such coverage for additional insureds will apply as primary
10 insurance and any other insurance, or self-insurance, maintained by the County is
11 excess only and not contributing with insurance provided under the Contractor's policy."
12 4. Exhibit A of the Agreement is deleted in its entirely, and replaced with the new Exhibit A-
13 1, attached to this First Amendment, and incorporated by this reference.
14 5. Article 5, subsection 5.1 is amended to read as follows:
15 a. "Contact Information. The persons and their addresses having authority to give
16 and receive notices provided for or permitted under this Agreement include the
17 following:
18 For the County:
Sheriff-Coroner-Public Administrator's Office
19 Sheriff's Captain or Administrative Services Director
2200 Fresno Street
20 Fresno, CA 93721
Sheriff.Payables@fresnosheriff.org
21 Fax: (559) 600-8318
22 District Attorney's Business Office
County of Fresno
23 2100 Tulare Street
Fresno, CA 93721
24 ---)fresnocountyca.gov
Fax: (559) 600-4100
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26 For the Contractors:
27 Thomas L. Bennett, MD
Forensic Medicine & Pathology
28 4205 Solace Street
Las Vegas, NV 89135
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1 Forensic Medicine and Pathology, PLLC
Email: doctor4n6@gmail.com
2 Phone: (406) 855-5447
3 Christopher Bradley Happy, MD
5159 West Blvd
4 Los Angeles, CA 90043
ForensicPath Expert.com
5 Email: cbhappy@live.com
Phone: (808) 476-6515
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Kelly Kobylanski, D.O.
7 9772 Wexford Circle
Granite Bay, CA 95746
8 Email: oby(a�Vahoo.com
9 Phone: (216) 702-7555"
10 6. The Contractor represents and warrants to the County that:
11 a. The Contractor is duly authorized and empowered to sign and perform its obligations
12 under this First Amendment.
13 b. The individual signing this First Amendment on behalf of the Contractor is duly
14 authorized to do so and his or her signature on this First Amendment legally binds
15 the Contractor to the terms of this First Amendment.
16 7. The parties agree that this First Amendment may be executed by electronic signature as
17 provided in this section.
18 a. An "electronic signature" means any symbol or process intended by an individual
19 signing this First Amendment to represent their signature, including but not limited to
20 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3)
21 an electronically scanned and transmitted (for example by PDF document) version of
22 an original handwritten signature.
23 b. Each electronic signature affixed or attached to this First Amendment (1) is deemed
24 equivalent to a valid original handwritten signature of the person signing this First
25 Amendment for all purposes, including but not limited to evidentiary proof in any
26 administrative or judicial proceeding, and (2) has the same force and effect as the
27 valid original handwritten signature of that person.
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1 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
2 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
3 2, Title 2.5, beginning with section 1633.1).
4 d. Each party using a digital signature represents that it has undertaken and satisfied
5 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
6 through (5), and agrees that each other party may rely upon that representation.
7 e. This First Amendment is not conditioned upon the parties conducting the
8 transactions under it by electronic means and either party may sign this First
9 Amendment with an original handwritten signature.
10 8. This First Amendment may be signed in counterparts, each of which is an original, and
11 all of which together constitute this First Amendment.
12 9. When both parties have signed this First Amendment, the First Amendment and the
13 Agreement together constitute the Agreement.
14 10. The Agreement as amended by this First Amendment is ratified and continued. All
15 provisions of the Agreement and not amended by this First Amendment remain in full
16 force and effect.
17 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this First Amendment on the date stated in the introductory
2 clause.
3
Kelly Kobylanski, D.O. COUNTY OF FRESNO
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6 Kelly K yla ki D.O. Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
7 9772 W xford Circle
Granite Bay, CA 95746 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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11 Deputy
12 For accounting use only:
13 Sheriff-Coroner-Public Administrator
Org No.: 31117000
14 Account No.: 7295
Fund No.: 0001
15 Subclass No.: 10000
16 District Attorney's Office
Org No.: 2860
17 Account No.: 7295
Fund No.: 0001
18 Subclass No.: 10000
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I By executing this signature page, the Contractor becomes a signatory to this First Amendment
dated , May T-, . 2024 and agrees that it is a party to the Agreement with the County
2 and is bound by its'lerms.
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4 Contractor
5 Thomas L. Bennett, MID
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8 Thomas L. Bennett MD
Forensic Medicine& Pathology
9 4205 Solace Street
10 Las Vegas, NV 89135
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1 By executing this signature page, the Contractor becomes a signatory to this First Amendment
dated May 7 , 2024 and agrees that it is a party to the Agreement with the County
2 and is boOnd by its terms.
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4 Contractor
5 Christopher Bradley Happy, MD
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8 Christopher r appy, MD
9 5159 West Blvd
Los Angeles, CA 90043
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1 Exhibit A-1
2 Scope of Services
3 Contractors:
4 . Thomas L. Bennett, MD (Forensic Medicine and Pathology)
5 • Christopher Bradley Happy, MD
6 • Kelly Kobylanski, D.O.
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8 A. Each Contractor shall provide autopsies on cases that are suspicious,
9 homicides, or undetermined, as well as for cases that are natural, accidental, or suicide.
10 B. Each Contractor shall provide case review, research, and other
11 preparations for trial, and pretrial conferences with attorneys on cases that require trial
12 testimony, as requested by County.
13 Price List:
14 Qty Service Description Fee
15 1.0 Routine Autopsies $2,000
16 1.0 Complicated Autopsies (suspicious, homicides, and $3,000
17 Sudden unexpected infant deaths)
18 1.0 External Examinations $500
19 1.0 Medical Records Review No Charge
20 1.0 Case review and research in preparation for and $500 per hour
during conferences, depositions, and trials with $4,000 max
21 per day + reasonable
travel expenses
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Notes:
24 Amounts for examinations are per cases and include performance of the examination, medical
25 and other records review, review of testing utilized to determine the cause and manner of death,
review of histology, and autopsy report preparation, and include transportation and lodging
26 costs. Hourly rate with a maximum daily rate is for work performed that is unrelated to the
performance of the examinations.
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***The party requesting such services or the subpoenaing party shall pay the fees directly to
28 each Contractor for case review, research and other preparations for trial, pre-trial conferences
with attorney/investigators on cases that require testimony.
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