Amend #1 to Contract No. 0653 Georgia Dept. of Cummunity Health



 Exhibit 10.9 
  
 AMENDMENT #1 TO CONTRACT NO. 0653 BETWEEN 
 GEORGIA DEPARTMENT OF COMMUNITY HEALTH AND 
 PEACH STATE 
  
 This Amendment is between the Georgia Department of Community Health (hereinafter referred to as “DCH” or the
“Department”) and Peach State (hereinafter referred to as “Contractor”) and is made effective the 16th day of August, 2005 (hereinafter referred to as the “Effective Date”). Other than the changes, modifications and
additions specifically articulated in this Amendment #1 to Contract # 0653, the original Contract shall remain in effect and binding on and against DCH and Contractor. Unless expressly modified or added in this Amendment #1, the terms and conditions
of the original Contract are expressly incorporated into this Amendment #1 as if completely restated herein. 
  
 WHEREAS, DCH and Contractor executed a contract for the provision of services to Georgia Healthy Families; and, 
  
 WHEREAS, pursuant to Section 32.0, Amendments in
Writing, DCH and Contractor desire to amend the above-referenced Contract by adding additional funding as set forth below. 
  
 NOW THEREFORE, for and in consideration of the mutual promises of the Parties, the terms, provisions and conditions of this Amendment and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, DCH and Contractor hereby agree as follows: 
  

	I.	To delete the current Attachment H in its entirety and insert in lieu thereof the Attachment H of this Amendment No. 1. 

  

	II.	DCH and Contractor agree that they have assumed an obligation to perform the covenants, agreements, duties and obligations of the Contract, as modified and amended herein, and agree
to abide by all the provisions, terms and conditions contained in the Contract as modified and amended. 

  

	III.	This Amendment shall be binding and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. Whenever the provisions of this Amendment and
the Contract are in conflict, the provisions of this Amendment shall take precedence and control. 

  

	IV.	It is understood by the Parties hereto that, if any part, term, or provision of this Amendment or this entire Amendment is held to be illegal or in conflict with any law of this
State, then DCH, at its sole option, may enforce the remaining unaffected portions or provisions of this Amendment or of the Contract and the rights and obligations of the parties shall be construed and enforced as if the Contract or Amendment did
not contain the particular part, term or provision held to be invalid. 

  

	V.	This Amendment shall become effective as stated herein and shall remain effective for so long as the Contract is in effect. 

  


			
	 Amendment #1
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	 Contract #0653
	  	 
	 Peach State for Provision of Services to Georgia Healthy Families
	  	 










	VI.	This Amendment shall be construed in accordance with the laws of the State of Georgia. 

  

	VII.	All other terms and conditions contained in the Contract and any amendment thereto, not amended by this Amendment, shall remain in full force and effect. 


 

	VIII. 	The Contractor and the Department agree that in the event of a disagreement regarding, arising out of, or related to contract language interpretation, the Department’s
interpretation of the contract language in dispute shall control and govern. The Department’s interpretation of the contract language in dispute shall not be subject to appeal under any circumstance. 

  

	IX.	In the event that the Department has entered into or enters into agreements with other Contractors for additional work related to the services rendered hereunder, the Contractor
agrees to cooperate fully with such other Contractors. The Contractor shall not commit any act that will interfere with the performance of work by any other Contractor. 

  
 Additionally, if the Department eventually awards this Contract to another Contractor, the Contractor agrees that it will
not engage in any behavior or inaction that prevents or hinders the work related to the services contracted for in this contract. In fact, the Contractor agrees to submit a written turn-over plan and/or transition plan to the Department within
thirty (30) days of receiving the Department’s intent to terminate letter. The Parties agree that the Contractor has not successfully met this obligation until the Department accepts its turn-over plan and/or transition plan. 

 
 The Contractor’s failure to cooperate and comply with this
provision, shall be sufficient grounds for the Department to halt all payments due or owing to the Contractor until it becomes comply with this or any other contract provision. The Department’s determination on the matter shall be conclusive
and not subject to appeal. 
  
 SIGNATURES ON THE FOLLOWING
PAGE 
  


			
	 Amendment #1
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	 Contract #0653
	  	 
	 Peach State for Provision of Services to Georgia Healthy Families
	  	 









 IN WITNESS WHEREOF, DCH and Contractor, through their authorized officers and agents, have caused this Amendment
to be executed on their behalf as of the date indicated. 
  
 GEORGIA DEPARTMENT
OF COMMUNITY HEALTH 

	
	
	/s/    Tim Burgess        
	Tim Burgess, Commissioner

  

			
	CONTRACTOR
		
	BY:	 	/s/    Daniel R. Paquin        
	 	 	 * SIGNATURE

		
	 	 	 Daniel R. Paquin

	 	 	 Please Print/Type Name Here


  

	
	
	 
	 AFFIX CORPORATE SEAL HERE
 (Corporations without a
seal, attach a
Certificate of Corporate Resolution)



  

			
		
	ATTEST:	 	/s/    Brenda Williams        
	 	 	 ** SIGNATURE

		
	 	 	 Vice President

	 	 	 TITLE



	*	Must be President, Vice President, CEO or Other Authorized Officer 


	**	Must be Corporate Secretary 

  

									
	DOAS STATE PURCHASING REPRESENTATIVE, SIGNED AS TO FORM:
					
	By:	 	/s/    Ann Maize        	 	 	 	Date:	 	 8/18/05



									
	Printed Name and Title	 	        Ann Maize, Contracting Officer	 	 	 	 	 	 

  


			
	 Amendment #1
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	 Contract #0653
	  	 
	 Peach State for Provision of Services to Georgia Healthy Families
	  	 









 CONFIDENTIAL – NOT FOR CIRCULATION 
 ATTACHMENT H 
  
 Amended August 16, 2005 
  
 Attachment H is a table displaying the
contracted rates by rate cell for each contracted region. These rates will be the basis for calculating capitation payments in each contracted Region. 
  

												
	Contracted Rates by Region	  	 	 	  	 	 
				
	CMO NAME	  	 	Peach State	  	 	 	  	 	 
				
	 Rate Category

	  	Atlanta

	  	Central

	  	Southwest


	 LIM/RSM/Refugee
	  	 	  	 	 	  	 	 	  	 	 
	 	  	0 - 2 Months Male & Female	  	$	1,104.24	  	$	1,103.50	  	$	1,110.28
	 	  	3 - 11 Months Male & Female	  	$	177.85	  	$	207.41	  	$	227.72
	 	  	1 - 5 Years Male & Female	  	$	106.42	  	$	115.05	  	$	129.47
	 	  	6 - 13 Years Male & Female	  	$	101.41	  	$	105.43	  	$	117.05
	 	  	14 - 20 Years Female	  	$	166.58	  	$	163.17	  	$	186.23
	 	  	14 - 20 Years Male	  	$	116.04	  	$	100.47	  	$	119.13
	 	  	21 - 44 Years Female	  	$	227.50	  	$	257.47	  	$	280.71
	 	  	21 - 44 Years Male	  	$	255.65	  	$	280.71	  	$	273.03
	 	  	45+ Years Female	  	$	388.74	  	$	467.06	  	$	498.66
	 	  	45+ Years Male	  	$	515.63	  	$	556.30	  	$	566.88
					
	 PeachCare
	  	 	  	 	 	  	 	 	  	 	 
	 	  	0 - 2 Months Male & Female	  	$	181.55	  	$	187.38	  	$	190.06
	 	  	3 - 11 Months Male & Female	  	$	181.55	  	$	187.38	  	$	199.92
	 	  	1 - 5 Years Male & Female	  	$	109.87	  	$	 124.44	  	$	138.65
	 	  	6 - 13 Years Male & Female	  	$	131.20	  	$	135.94	  	$	152.27
	 	  	14 - 20 Years Female	  	$	156.06	  	$	163.26	  	$	181.89
	 	  	14 - 20 Years Male	  	$	144.31	  	$	139.60	  	$	149.64
					
	 Female Services
	  	 	  	 	 	  	 	 	  	 	 
	 	  	Breast and Cervical Cancer	  	$	1,756.82	  	$	1,606.62	  	$	1.637.93
				
	 Maternity and Delivery Services

	  	Unit Cost

	  	Unit Cost

	  	Unit Cost


	 Kick Payment
	  	 	  	$	5,796.83	  	$	5,759.46	  	$	5,709.09

  


			
	 Amendment #1
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	 Contract #0653
	  	 
	 Peach State for Provision of Services to Georgia Healthy Families