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AMENDMENT TO AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND
BLOOD CENTERS OF THE PACIFIC
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THIS AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 2009, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and BLOOD CENTERS OF THE PACIFIC, 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 for providing blood and blood products services on January 6, 2009; and
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WHEREAS, the parties wish to amend the Agreement to increase the total fiscal obligation, extend the term, and institute a quarterly rebate system thereunder.
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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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Section 3, Payments, of the Agreement is amended to read as follows:
In consideration of the services provided by the Contractor in accordance with any terms, conditions and specifications set forth herein and in Exhibit “A” County shall make payment to Contractor based on the rates and in the manner specified in Exhibit “B”. The County reserves the right to withhold payment if the County determines that the quantity or quality of the work performed is unacceptable. In no event shall the County’s total fiscal obligation under this agreement exceed ONE-MILLION-FOUR-HUNDRED-TWENTY-FOUR-THOUSAND TWO-HUNDRED DOLLARS ($1,424,200)
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2.
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Section 4, Term and Termination, of the Agreement is amended to read as follows:
Subject to compliance with all terms and conditions, the term of this agreement shall be from January 1, 2009 through December 31, 2010.
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This Agreement may be terminated by Contractor or the Chief Executive Officer of San Mateo Medical Center or his/her designee at any time without a requirement or good cause upon thirty (30) days’ written notice to the other party.
In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Agreement shall become the property of the County and shall be promptly delivered to the County. Upon termination, the Contractor may make and retain a copy of such materials. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that portion of the full payment which is determined by comparing the work/services completed to the work/services required by the Agreement.
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3.
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Original Exhibit B, Blood Services Agreement Price Schedule, Section I, Discounts, is hereby modified to include a quarterly rebate. A Section 1.2. is hereby added to Exhibit B to read as follows:
1.2 Quarterly rebates shall be issued on the monthly invoices of: June 30, 2009, September 30, 2009, December 30, 2009, March 30, 2010, June 30, 2010, September 30, 2010 and December 30, 2010 in the amount of $6,250.
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4.
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All other terms and conditions of the Agreement dated January 6, 2009, between the County and Contractor shall remain in full force and effect.
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