HomeMy WebLinkAboutAgreement A-24-610 Second Amend. to Master Agreement for Coroner Services.pdf Agreement No. 24-610
1 SECOND AMENDMENT TO SERVICE AGREEMENT
2 This Second Amendment to Master Service Agreement ("Second Amendment") is dated
3 December 3, 2024 ("Effective Date") and is between County of Fresno, a political subdivision
4 of the State of California, Fresno, California ("COUNTY"), and each of the providers who are
5 signatories to this Agreement, and listed in Exhibit A, and each contractor (each a "Contractor,"
6 and collectively, the "Contractors"), and such additional Contractors as may, from time to time
7 during the term of this 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, County and Contractors entered into First Amendment to Master Service
17 Agreement number 24-214, dated May 7, 2024 ("First Amendment"), to enable County to add
18 Kelly Kobylanski, DO to the Agreement, lower the insurance requirements for Forensic
19 Pathologists with no employees, and increase the maximum compensation payable with no
20 change in term. The Master Service Agreement, as amended, enables the County to continue
21 Coroner services, including Postmortem Autopsies and External Examinations for the Sheriff's
22 Office and case review, research, and other preparations for trial, and pretrial conferences with
23 attorneys on cases that require testimony, as requested from the County, by certified Forensic
24 Pathologists for the County Departments (as defined in the First Amendment");
25 WHEREAS, Cho Lwin, M.D. ("Dr. Lwin"), whose address is 569 Fairview Avenue,
26 Arcadia, CA, 91007, desires to be added as a contractor to the Agreement, to provide
27 Postmortem Autopsies and External Examinations and for case review, research,
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1 neuropathology and other preparations for trial, and pretrial conferences with attorneys on
2 cases that require testimony, as requested by the County Departments;
3 WHEREAS, County desires to add Dr. Lwin to the Agreement, to increase its list of
4 Contractors ready to provide Postmortem Autopsies and External Examinations and for case
5 review, research, neuropathology and other preparations for trial, and pretrial conferences with
6 attorneys on cases that require testimony services for the County;
7 WHEREAS, County desires to increase the total Agreement compensation payable
8 amount for services by One Hundred Twenty-Five Thousand Dollars ($125,000), from Two
9 Million Five Hundred Thousand Dollars ($2,500,000) to Two Million Six Hundred Twenty-Five
10 Thousand Dollars ($2,625,000); and
11 WHEREAS, County and Contractors are entering into a Second Amendment to the
12 Agreement in order to add Dr. Lwin and increase the Agreement total compensation payable
13 amount.
14 NOW, THEREFORE, upon execution of this Second Amendment, County agrees that
15 First Amendment and Exhibit A-1 are revised, updated, and amended to add Dr. Cho Lwin as a
16 Contractor:
17 1. This Second Amendment shall take effect on the Effective Date.
18 2. Exhibit A-1 of the Agreement is deleted in its entirely, and replaced with the new Exhibit
19 A-2, attached to this Second Amendment, and incorporated by this reference. All references
20 in the Agreement to Exhibit A-1 shall be replaced with Exhibit A-2.
21 3. A portion of Section 3.2 of the Agreement, page 4, lines 3 through 6, is deleted, and
22 replaced with the following:
23 "In no event shall the total cumulative amount of compensation paid to all
24 Contractors for services performed under this Agreement exceed Two Million Six
25 Hundred Twenty-Five Thousand Dollars ($2,625,000) during the term of this
26 Agreement."
27 4. Article 5, subsection 5.1 is amended to read as follows:
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1 "Contact Information. The persons and their addresses having authority to give
2 and receive notices provided for or permitted under this Agreement include the
3 following:
4 For the County:
Sheriff-Coroner-Public Administrator's Office
5 Sheriff's Captain or Administrative Services Director
2200 Fresno Street
6 Fresno, CA 93721
Sheriff.Payables@fresnosheriff.org
7 Fax: (559) 600-8318
8 District Attorney's Business Office
County of Fresno
9 2100 Tulare Street
Fresno, CA 93721
10 DABusinessOffice(a)fresnocountyca.gov
Fax: (559) 600-4100
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12 For the Contractors:
13 Thomas L. Bennett, MD
Forensic Medicine & Pathology
14 4205 Solace Street
Las Vegas, NV 89135
15 Forensic Medicine and Pathology, PLLC
Email: doctor4n6@gmail.com
16 Phone: (406) 855-5447
17 Christopher Bradley Happy, MD
5159 West Blvd
18 Los Angeles, CA 90043
ForensicPathExpert.com
19 Email: cbhappy@live.com
Phone: (808) 476-6515
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Kelly Kobylanski, D.O.
21 9772 Wexford Circle
Granite Bay, CA 95746
22 Email: ellkoby(@_yahoo.com
23 Phone: (216) 702-7555
24 Cho Lwin, MD
569 Fairview Avenue
25 Arcadia, CA 91007
Email: Coronerl40l@gmail.com
26 Phone: (559) 907-3376"
27 5. The Contractor represents and warrants to the County that:
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1 a. The Contractor is duly authorized and empowered to sign and perform its obligations
2 under this Second Amendment.
3 b. The individual signing this Second Amendment on behalf of the Contractor is duly
4 authorized to do so and his or her signature on this Second Amendment legally binds
5 the Contractor to the terms of this Second Amendment.
6 6. The parties agree that this Second Amendment may be executed by electronic signature
7 as provided in this section.
8 a. An "electronic signature" means any symbol or process intended by an individual
9 signing this Second Amendment to represent their signature, including but not limited
10 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
11 (3) an electronically scanned and transmitted (for example by PDF document)
12 version of an original handwritten signature.
13 b. Each electronic signature affixed or attached to this Second Amendment (1) is
14 deemed equivalent to a valid original handwritten signature of the person signing this
15 Second Amendment for all purposes, including but not limited to evidentiary proof in
16 any administrative or judicial proceeding, and (2) has the same force and effect as
17 the valid original handwritten signature of that person.
18 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
19 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
20 2, Title 2.5, beginning with section 1633.1).
21 d. Each party using a digital signature represents that it has undertaken and satisfied
22 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
23 through (5), and agrees that each other party may rely upon that representation.
24 e. This Second Amendment is not conditioned upon the parties conducting the
25 transactions under it by electronic means and either party may sign this Second
26 Amendment with an original handwritten signature.
27 7. This Second Amendment may be signed in counterparts, each of which is an original,
28 and all of which together constitute this Second Amendment.
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1 8. When both parties have signed this Second Amendment, the Second Amendment, First
2 Amendment, and the Agreement together constitute the Agreement.
3 9. The Agreement as amended by this Second Amendment is ratified and continued. All
4 provisions of the Agreement and not amended by this Second Amendment and First
5 Amendment remain in full force and effect.
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7 The parties are signing this Second Amendment, as amended by the First Amendment,
8 on the date stated in the introductory clause.
9
Cho Lwin, M.D. COUNTY OF FRESNO
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11 C- �--� ---,
12 Cho Lwin, MD Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
13 569 Fairview Avenue
Arcadia, CA 91007 Attest:
14 Bernice E. Seidel
Clerk of the Board of Supervisors
15 County of Fresno, State of California
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By:
17 Deputy
18 For accounting use only:
19 Sheriff-Coroner-Public Administrator
Org No.: 31117000
20 Account No.: 7295
Fund No.: 0001
21 Subclass No.: 10000
22 District Attorney's Office
Org No.: 2860
23 Account No.: 7295
Fund No.: 0001
24 Subclass No.: 10000
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1 By executing this signature page, the Contractor becomes a signatory to this Second
Amendment dated December 3 , 2024 and agrees that it is a party to the Agreement, as
2 amended by the First Amendment, with the County and is bound by its terms.
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4 Contractor
5 Thomas L. Bennett, MD
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8 Thomas L. Bennet, 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 Second
Amendment dated December 3 , 2024 and agrees that it is a party to the Agreement, as
2 amended by the First Amendment, with the County and is bound by its terms.
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4 Contractor
5 Kelly Kobylanski, D.O
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7 D.O. 11/6/24
8 Kelly K Ian i, D
9 9772 Wexford Circle
Granite Bay, CA 95746
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1 By executing this signature page, the Contractor becomes a signatory to this Second
Amendment dated December 3 , 2024 and agrees that it is a party to the Agreement, as
2 amended by the First Amendment,with the County and is bound by its terms.
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4 Contractor
5 Christopher Bradley Happy, MD
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8 i6hri-stoMid Bradley Happy,
9 5159 West Blvd
Los Angeles, CA 90043
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1 Exhibit A-2
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.
7 • Cho Lwin, MD
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9 A. Each Contractor shall provide autopsies on cases that are suspicious,
10 homicides, or undetermined, as well as for cases that are natural, accidental, or suicide.
11 B. Each Contractor shall provide case review, research, and other
12 preparations for trial, and pretrial conferences with attorneys on cases that require trial
13 testimony, as requested by County.
14 Price List:
15 Qty Service Description Fee
16 1.0 Routine Autopsies $2,000
17 1.0 Complicated Autopsies (suspicious, homicides, and $3,000
18 Sudden unexpected infant deaths)
19 1.0 External Examinations $500
20 1.0 Medical Records Review No Charge
21 1.0 Case review and research in preparation for and $500 per hour
during conferences, depositions, and trials with $4,000 max
22 per day + reasonable
travel expenses
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24 1.0 Forensic Neuropathology Service/Consultation $1,000
25 Notes:
26 Amounts for examinations are per cases and include performance of the examination, medical
and other records review, review of testing utilized to determine the cause and manner of death,
27 review of histology, and autopsy report preparation, and include transportation and lodging
costs. Hourly rate with a maximum daily rate is for work performed that is unrelated to the
28 performance of the examinations.
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1 ***The party requesting such services or the subpoenaing party shall pay the fees directly to
each Contractor for case review, research and other preparations for trial, pre-trial conferences
2 with attorney/investigators on cases that require testimony.
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