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THIRD AMENDMENT TO AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND
GAMBRO HEALTHCARE RENAL CARE, INC., A NEVADA CORPORATION
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THIS AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 2005 by and between the COUNTY OF SAN MATEO, hereinafter called "County," and GAMBRO HEALTHCARE RENAL CARE, INC., A NEVADA CORPORATION, hereinafter called "Contractor";
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W I T N E S S E T H:
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WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;
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WHEREAS, the parties entered into an Agreement to provide acute inpatient dialysis services to medically indigent adults at San Mateo Medical Center on September 9, 2003. This agreement was subsequently amended on July 27, 2004 by Resolution Number 66846 and on June 28, 2005 by Resolution Number 67428; and
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WHEREAS, the parties wish to amend the Agreement to increase the maximum amount by $1,350.
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NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
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1.
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Paragraph A, Maximum Amount, under Section 2, Payments, of the Original Agreement is hereby amended to read as follows:
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”2,
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Payments
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A.
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Maximum Amount. In full consideration of Contractor's performance of the services described in Schedule A, the amount that County shall be obligated to pay for services rendered under this Agreement shall not exceed FOUR HUNDRED THIRTY-EIGHT THOUSAND THREE HUNDRED FIFTY DOLLARS ($438,350) for the contract term.”
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2.
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Section 15, Corporate Compliance Program, Is hereby added to the original Agreement.
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15.
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Corporate Compliance Program
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County acknowledges that Contractor is under a Corporate Integrity Agreement with the Office of the Inspector General of the Federal Department of Health and Human Services (the “CIA”), and that such CIA imposes various reporting and operational compliance related obligations on Contractor. To the extent not otherwise set forth herein, County agrees to cooperate with Contractor in compliance with the requirements of such CIA, as such requirements may apply to performance of the Agreement. County hereby certifies that it will comply with the terms of Contractor’s Corporate Compliance Program, including any training required to be provided thereunder by Contractor to employees and certain contractors, and Contractor’s Compliance Critical Concepts and policies and procedures related to compliance with 42 U.S.C. § 1320a-7b(b) (the federal “Anti-Kickback Statute”) a copy of each of which will be provided to County (collectively, the “Contractor Compliance Documents”), in each case as applicable to performance of the Agreement. County and Contractor agree and certify that that the Agreement is not intended to generate referrals for services or supplies for which payment may be made in whole or in part under any Federal health care program. County hereby certifies that it will abide by the terms of the Anti-Kickback Statute in connection with performance of the Agreement.
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3.
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All other terms and conditions of the agreement dated September 9, 2003, between the County and Contractor shall remain in full force and effect.
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