AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND DUC MARCEL NGUYEN, M.D. FOR ORTHOPEDIC SERVICES
THIS AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 20_____, by and between the COUNTY OF SAN MATEO, hereinafter called “County,” and Duc Marcel Nguyen, M.D., hereinafter called “Contractor”;
W I T N E S S E T H:
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;
WHEREAS, the parties entered into an Agreement for Orthopedic services on May 11, 2004; and
WHEREAS, the parties wish to amend the Agreement to increase the maximum amount of the contract to reflect the increased level of service and productivity being provided by Contractor;
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1.	Section 1.7.6 under General Duties of Contractor of the Original Agreement is hereby added to read as follows: Compliance with Contractor Employee Jury Service Ordinance. Contractor shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the employees regular pay the fees received for jury service.
2.	Schedule A of the Original Agreement is hereby amended to read as follows: Contractor shall hold two (2) scheduled half-day clinics per week on Tuesday, Wednesday or Thursday, rotate for two (2) half-day emergency clinics per week on Mondays, and rotate two (2) half-day surgery per week.
3.	Schedule B of the Original Agreement is hereby amended to read as follows: Contractor’s quarterly compensation will be no less than a minimum amount specified below: Year I (Monthly = $18,219.64) April 1, 2004 through June 31, 2004: $54,658.93 July1, 2004 through September 31, 2004: $54,658.93 October 1, 2004 through December 31, 2004: $54,658.93 January 1, 2005 through March 31, 2005: $54,658.93 Year II (Monthly = $18,766.23) April 1, 2005 through June 31, 2005: $56,298.70 July1, 2005 through September 31, 2005: $56,298.70 October 1, 2005 through December 31, 2005: $56,298.70 January 1, 2006 through March 31, 2006: $56,298.70 Year III (Monthly = $38,658.44) April 1, 2006 through June 31, 2006: $115,975.32 July1, 2006 through September 31, 2006: $115,975.32 October 1, 2006 through December 31, 2006: $115,975.32 January 1, 2007 through March 31, 2007: $115,975.32 6. If the monthly total of 407 units performed multiplied by the unit value of $44.77 for any quarter result in an amount greater than the quarterly floor amount for that quarter, the County will pay Provider the difference. Effective January 1, 2006, if the monthly total of 814 units performed multiplied by the unit value of $44.77 for any quarter result in an amount greater than the quarterly floor amount for that quarter, the County will pay Provider the difference. 7. If total units performed for any quarter result in an amount less than an average of 814 units per month, Contractor agrees to meet with the Medical Director, or his designee, to determine the source of low productivity no later than 30 days from the end of the preceding quarter. 8. Incomplete Quarters will be Pro-Rated Using the same logic as defined in this agreement. 9. Contractor shall submit the quarterly invoice no later than the 5th day of the month, following the close of the quarter. County shall generate and provide to contractor a verification report for RVU unit reconciliation on the 5th of every month. Any discrepancies between Contractor quarterly invoice and County verification report(s) should be resolved by the 10th of the month, following the close of the quarter. Contractor will make best effort to reconcile encounters monthly. County will reimburse Contractor for all RVU units supported by encounter forms submitted up to and including the 10th of the month, following the close of the quarter. Any outstanding RVU unit encounter forms submitted after the 10th of the month following the close of the quarter will be reimbursed at the following quarter’s settlement. Total payment for services under this agreement will not exceed NINE HUNDRED SIXTY FOUR THOUSAND THIRTY DOLLARS AND FIFTY CENTS ($964,030.50).
4.	All other terms and conditions of the agreement dated May 11, 2004, between the County and Contractor shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.
		COUNTY OF SAN MATEO
		By:
		President, Board of Supervisors, San Mateo County
		Date:
ATTEST:
By:
Clerk of Said Board
Duc Marcel Nguyen, M.D.
Contractor’s Signature
Date: