Backup Documents 09/24/2013 Item #11BORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I B
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
URGENT - - - - - -- DOCUMENTS MUST BE TO STATE BY OCT.1
Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # I through #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order)
Office
Initials
Date
1. County, Attorney Office
County Attorney Office
JAB
9f2�
Agenda Date Item was
9/24/13 V
Agenda Item Number
11.13
2. BCC Office
Board of County
G�k
JAB
Type of Document
Commissioners
Number of Original
3. Minutes and Records
Clerk of Court's Office
Documents Attached
Agreement (Collier County and NCH)
oZ
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Jennifer A. Belpedio, Assistant County Attorney
Phone Number
252 -8400
Contact / Department
anvrovriate.
(Initial)
Applicable)
Agenda Date Item was
9/24/13 V
Agenda Item Number
11.13
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
JAB
Type of Document
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
Number of Original
Attached
1.
Documents Attached
Agreement (Collier County and NCH)
oZ
PO number or account
Ilia
number if document is
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAB
to be recorded
Office and all other parties except the BCC Chairman and the Clerk to the Board
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise x:24"05; Revised 11/30/12
I
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
anvrovriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
JAB
2.
Does the document need to be sent to another agency for additional signatures? If yes,
JAB
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JAB
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAB
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAB
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAB
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
JAB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 9/24/13 and all changes made during the
JAB
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by th?411
JAB
BCC, all changes directed by the BCC have been made, and the document is ready fo
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise x:24"05; Revised 11/30/12
I
11B
MEMORANDUM
Date: October 3, 2013
To: Jennifer A. Belpedio, Assistant County Attorney
Collier County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County and
Community Health Partners for participation in
the Intergovernmental Transfer Program (IGT)
Attached are an original copy of the agreement referenced above, (Item #1111)
approved by the Board of County Commissioners on Tuesday, September 24, 2013.
The second original agreement will be held on file with the Minutes and Record's
Department for the Board's Official Record.
Thank you.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
11B
AGREEMENT
THIS AGREEMENT is made and entered into on September 24, 2013 by and between Collier County,
Florida, a political subdivision of the State of Florida, hereinafter referred to as "the County" and Naples
Community Hospital, Inc., a Florida not for profit corporation, hereinafter referred to as"the Hospital".
RECITALS:
WHEREAS, Section 125.01(1)(e), Florida Statutes, authorizes the County to provide health
welfare programs for the residents of Collier County to the extent not inconsistent with general or
special law; and
WHEREAS,The establishment and maintenance of such programs are in the common interest of
the people of Collier County: and
WHEREAS, The County desires the Hospital to become a Community Health partner to assist in
providing payments for health prevention programs, and mental health services to residents of the
County, where no existing state or federal resources are available; and
WHEREAS, The Hospital desires to be a Community Health partner and is willing to voluntarily
provide payments for such services, subject to the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree
as follows:
ARTICLE I
SERVICES TO BE PERFORMED
1. The Hospital shall provide documentation and quarterly reports to the County that support
Hospital's expenditures for the reimbursement to Collier partners as stated immediately below for
the delivery of services, designated primary health care services, specialty health care services and
other health care services such as, but not limited to,the following services:
a. Immunization program provided by the Collier County Health Department
b. AIDS Prevention Program provided by the Collier County Health Department
c. Tuberculosis Program provided by the Collier County Health Department
d. Communicable Disease Program provided by the Collier County Health Department
e. Child Health Program provided by the Collier County Health Department
f. Healthy Start Prenatal Program provided by the Foundation for Women's Health
g. School Health Program provided by the Collier County Health Department
h. Adult Health Program provided by the Collier County Health Department
i. Dental Program provided by the Collier County Health Department
j. Community Mental Health Services provided by the David Lawrence Center, Inc.
k. Other health related programs and services.
ARTICLE II
PAYMENTS
1. The County shall make Intergovernmental Transfers, on behalf of the Hospital, in connection with
the State's Medicaid Programs — specifically the self funding of inpatient DRG payments and
buyback of the Medicaid outpatient trend adjustments - to the State of Florida in accordance with
1
2013 Agreement with Naples Community Hospital/IGT
C.)
11 B :. 9
the Letter(s) of Agreement between the County and the Agency for Health Care Administration
(AHCA).
2. There are no pre-arranged agreements (contractual or otherwise) between the County and the
Hospital to re-direct any portion of Medicaid supplemental payments in order to satisfy non-
Medicaid activities.
3. The following document is hereby incorporated by reference as an attachment to this Agreement:
Letter of Agreement with AHCA-Attachment A
ARTICLE III
CLAIMS VALUATION AND CLAIMS PROCESSING
As the claims processing entity, the Hospital will provide quarterly financial reports to the County in
such detail as required by the County.
ARTICLE IV
TERMS OF AGREEMENT AND TERMINATION
1. The term of this Agreement shall be October 1, 2013 through September 30, 2014.
2. Either party may terminate this Agreement thirty (30) calendar days after receipt by the other party
of written notice of intent to terminate.
3. Upon breach of this Agreement, the aggrieved party may, by written notice of breach to the
breaching party, terminate the whole or any part of this Agreement. Termination shall be upon no
less than twenty-four (24) hours notice, in writing, delivered by certified mail, facsimile, or in
person. Waiver by either party of breach of any provisions of this Agreement shall not be deemed
to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of this Agreement.
ARTICLE V
ASSIGNMENT
The Hospital and/or its sub-contractor shall not assign or transfer this Agreement, or any interest, right
or duty herein, without the prior written consent of the County, which consent shall not be
unreasonably withheld by the County. Without obtaining prior consent by the County,the Hospital shall
be allowed to assign or transfer this Agreement or any of the Hospital's obligations hereunder to
affiliates or wholly owned subsidiaries of the Hospital. This Agreement shall run to the County and its
successors.
ARTICLE VI
SUBCONTRACTING
The parties agree that the Hospital shall be permitted to execute subcontracts for the purchase by the
Hospital of such services, articles, supplies, and equipment, which is both necessary and incidental to
the performance of the work, required under this Agreement. However, the Hospital expressly
2
2013 Agreement with Naples Community Hospital/IGT
11B
understands that it shall assume the primary responsibility for performing the services outlined in Article
I of this Agreement.
ARTICLE VII
INSURANCE, SAFETY AND INDEMNIFICATION
1. Indemnity. To the maximum extent permitted by Florida law, the Hospital and/or its sub-contractor
shall indemnify and hold harmless the County against any claims, damages, losses, and expenses,
including reasonable attorneys' fees and costs, arising out of or resulting from the Hospital's failure
to pay for services or performance under this Agreement. This indemnification obligation shall not
be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
Hospitals shall jointly and severally indemnify and hold harmless Collier County for all claims,
demands, actions, suits, losses, costs, charges, expenses, damages and liabilities whatsoever which
the County may pay, sustain, suffer or incur by reason of or in connection with this agreement
including payment of all legal costs, including but not limited to, attorney's fees paid by the County.
2. Insurance Required. During the term of this agreement the Hospital shall procure and maintain
liability insurance coverage. The liability insurance coverage shall be in amounts not less than
$1,000,000 per person and $2,000,000 per incident of occurrence for personal injury, death, and
property damage or any other claims for damages caused by or resulting from the activities under
this Agreement. Such policies of insurance shall name the County as an additional insured. The
Hospital shall purchase all policies of insurance from a financially responsible insurer duly authorized
to do business in the State of Florida. The Hospital shall be financially responsible for any loss due to
failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate
in the amounts set forth herein shall constitute a breach of this agreement.
ARTICLE VIII
BILLING PROCEDURES
The County shall provide the Hospital with invoices pursuant to this Agreement once the County has
verified the validity of the invoices to be paid by the Hospital. The Hospital will not pay any invoices
prior to the County's approval.
The Hospital shall make payments on a voluntary basis in the amount of $1,913,660 to specific
healthcare programs and services, such as the mental health programs of the David Lawrence Center,
specified health programs of the Collier County Health Department, and other social service providers
that are pre-approved by the County for payment. The Hospital shall use reasonable efforts to pay
invoices approved by the County within thirty (30) days of County approval. Payments shall be made in
accordance with this Agreement irrespective of whether Hospital has received funds from AHCA.
If the amount invoiced to Hospital does not result in the amount of$1,913,660 the Hospital will credit
County for the difference and voluntarily make those payments to providers elected by County upon
invoice by the County in Year 2014-2015.
3
2013 Agreement with Naples Community Hospital/IGT
S
11B
ARTICLE IX
RECORDS
The Hospital and/or its sub-contractor shall keep orderly and complete records of its accounts and
operations related to the services provided under this Agreement for the entire term of the Agreement
plus three (3) years. The Hospital and/or its sub-contractor shall keep open these records to inspection
by County personnel at reasonable hours during the entire term of this Agreement. If any litigation,
claim or audit is commenced prior to the expiration of the three (3)year period and extends beyond this
period the records must remain available until any litigation, claim or audits have been resolved. Any
person duly authorized by the County shall have full access to and the right to examine any of said
records during said period. Access to PHI shall be in compliance with federal laws and HIPAA.
ARTICLE X
CIVIL RIGHTS
1. There will be no discrimination against any employee or person served on account of race, color,
sex, age, religion, ancestry, national origin, handicap or marital status in the performance of the
Agreement.
2. It is expressly understood that, upon receipt of evidence of such discrimination, the County shall
have the right to terminate this Agreement for breach of agreement.
3. The Hospital and/or its sub-contractor shall comply with Title VI of the Civil Rights Act of 1964 (42
USC 2000d) in regard to persons served.
4. The Hospital and/or its sub-contractor shall comply with Title VII of the Civil Rights Act of 1964 (42
USC 2000c) in regard to employees or applicants for employment.
5. The Hospital and/or its sub-contractor shall comply with Section 504 of the Rehabilitation Act of
1973 in regard to employees or applicants for employment and clients served.
ARTICLE XI
OTHER CONDITIONS
1. Any alterations, variations, modifications or waivers of provision of this Agreement shall only be
valid when they have been reduced to writing, duly signed and attached to the original of this
Agreement. The parties agree to renegotiate the Agreement if revision of any applicable laws or
regulations makes changes in the Agreement necessary.
2. This Agreement contains all the terms and conditions agreed upon by the parties. All items
incorporated by reference are as though physically attached. No other agreements, oral or
otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any
of the parties hereto.
3. The Hospital and/or its sub-contractor shall obtain and possess throughout the term of this
Agreement all licenses and permits applicable to its operations under federal, state, and local laws,
and shall comply with all fire, health and other applicable regulatory codes.
4. The Hospital and/or its sub-contractor agrees to comply with all applicable requirements and
guidelines prescribed by the County for recipients of funds.
5. The Hospital and/or its sub-contractor agree to safeguard the privacy of information pursuant to the
Health Insurance Portability and Accountability Act of 1996(HIPAA).
4
2013 Agreement with Naples Community Hospital/IGT
CAO
118 fr,4
IN WITNESS WHEREOF,the parties have executed this Agreement on the dates first written above.
ATTEST: BOARD OF CO ` CO MISSIONE S
DWIGHT E.OROCK LERK OF COLLIER C UN ! , FL RI A
... pis
By: 11° A. • . • . .0 . By:
Attest . - : ;1 f CLERK
GEORGIA. HILLER, ESQ.
�signatt re 1 IY CHAIRWOMAN
Approvjfor.form.an5l`legality:
Jennifer A. Belpe
Assistant County Attorney
NAPLES COMMUNITY HOSPITAL, INC., A FLORIDA
NOT FOR PR FIT CORPORATION
�
B
'' IL
By:
Ke✓J.t Co.PCr
Title: CL e..S
5
2013 Agreement with Naples Community Hospital/IGT
cq
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Con At rnffice
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attor a ater
than Monday preceding the Board meeting.
URGENT - - - - - -- DOCUMENTS MUST BE TO STATE BY OCT. I
Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
cntinn nffl, rha;rmaWe cinnahire rlraw a line thrn,iah rontinv line- #I through 42- comnlete the checklist. and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1. County Attorney Office
County Attorney Office
JAB
9/24/13
2. BCC Office
Board of County
Commissioners
G�\ -`
,Z`( 3
3. Minutes and Records
Clerk of Court's Office
�l
o t3
�"SI a/I
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to rnntart staff for additional or missing information.
Name of Primary Staff
Jennifer A. Belpedio, Assistant County Attorney
Phone Number
252 -840
Contact / Department
appropriate.
(Initial)
Agenda Date Item was
9/24/13
Agenda Item Number
I LB
Approved by the BCC
2.
Does the document need to be sent to another agency for additional signatures? If yes,
Type of Document
Letter of Agreement ($3,644,150)
Number of Original
2
Attached
Letter of Agreement ($1,769,118)
Documents Attached
2 ✓ /
Agreement (Collier County and Naples HMA)
signed by the Chairman, with the exception of most letters, must be reviewed and signed
3 ✓
(NOTE: Other Agreements approved as part of this item
by the Office of the County Attorney.
will be routed separately.)
All handwritten strike - through and revisions have been initialed by the County Attorney's
PO number or account
n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
number if document is
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAB
to be recorded
document or the final negotiated contract date whichever is applicable
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
JAB
2.
Does the document need to be sent to another agency for additional signatures? If yes,
JAB
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JAB
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAB
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAB
document or the final negotiated contract date whichever is applicable
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAB
s4 mature and initials are required.
7.
in most cases (some contracts are an exception), the original document and this routing slip
JAB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 9/24/13 and allals made during the
JAB
meeting have been incorporated in the attached document. The County Attorney's
Office-has reviewed the changes, if applicable. l
9.
Initials of attorney verifying that the attached document is the v ion approved by the
JA
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
118
MEMORANDUM
Date: September 30, 2013
To: Jennifer A. Belpedio, Assistant County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Letters of Agreement with the Agency for Health Care
Administration to allow participation in the alternative
intergovernmental transfer programs (IGT)
Attached and requiring further execution are four (4) original copies of the two (2)
Letters of Agreement (Item #1113) approved by the Board of County Commissioners on
Tuesday, September 24, 2013.
After the agreements have been signed by the State if you would please return one
original copy of each agreement to the Minutes and Records Department we will have
a complete original copy for the Board's Official Record.
Thank you.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachments (4)
Letter of Agreement
,; V,
THIS LETTER OF AGREEMENT made and entered into in duplicate on the Q LA- day of
Sept -. 2013, by and between Collier County (the County), and the State of Florida, through its
Agency for Health Care Administration (the Agency),
1. Per Senate Bill 1500, the General Appropriations Act of State Fiscal Year 2013 -2014,
passed by the 2013 Florida Legislature, County and the Agency, agree that County will
remit to the State an amount not to exceed a grand total of $3,644,150.
a. The County and the Agency have agreed that these funds will only be used to
increase the provision of health services for the Medicaid, uninsured, and
underinsured people of the County and the State of Florida at large.
b. The increased provision of Medicaid, uninsured, and underinsured funded health
services will be accomplished through the following Medicaid programs:
i. The Disproportionate Share Hospital (DSH) program.
ii. The removal of outpatient reimbursement ceilings for teaching, specialty
and community hospital education program hospitals.
iii. The removal of outpatient reimbursement ceilings for hospitals whose
charity care and Medicaid days as a percentage of total adjusted hospital
days equals or exceeds 11 percent.
iv. The removal of outpatient reimbursement ceilings for hospitals whose
Medicaid days, as a percentage of total hospital days, exceed 7.3
percent, and are trauma centers.
v. Inpatient DRG add -ons for teaching, specialty, children's, public and
community hospital education program hospitals; hospitals whose charity
care and Medicaid days as a percentage of total adjusted hospital days
equals or exceeds 11 percent; or hospitals whose Medicaid days, as a
percentage of total hospital days, exceed 7.3 percent, and are trauma
centers.
vi. The annual cap increase on outpatient services for adults from $500 to
$1,500.
vii. Medicaid Low Income Pool (LIP) payments to rural hospitals, trauma
centers, specialty pediatric hospitals, primary care services and other
Medicaid participating safety -net hospitals.
viii. Medicaid LIP payments to hospitals in the approved appropriations
categories.
ix. Medicaid LIP payments to Federally Qualified Health Centers.
x. Medicaid LIP payments to Provider Access Systems (PAS) for Medicaid
and the uninsured in rural areas.
9
118
A. Medicaid LIP payments for the expansion of primary care services to low
income, uninsured individuals.
2. The County will pay the State an amount not to exceed the grand total amount of
$3,644,150. The County will transfer payments to the State in the following manner:
a. The first quarterly payment in an amount not to exceed $911,039 for the months
of July, August, and September is due upon notification by the Agency.
b. Each successive payment in an amount not to exceed $911,037 is due as
follows, November 30, 2013, March 31, 2014 and June 15, 2014.
c. The State will bill the County each quarter payments are due.
3. Timelines: This agreement must be signed, submitted, and received to the Agency no
later than October 1, 2013, for self- funded exemptions, buybacks and DRG add -ons, to
be effective for SFY 2013 -2014.
4. Attached are the DSH and LIP schedules reflecting the anticipated annual distributions
for State Fiscal Year 2013 -2014.
5. The County and the State agree that the State will maintain necessary records and
supporting documentation applicable to Medicaid, uninsured, and underinsured health
services covered by this Letter of Agreement. Further, the County and State agree that
the County shall have access to these records and the supporting documentation by
requesting the same from the State.
6. The County and the State agree that any modifications to this Letter of Agreement shall
be in the same form, namely the exchange of signed copies of a revised Letter of
Agreement.
7. The County confirms that there are no pre- arranged agreements (contractual or
otherwise) between the respective counties, taxing districts, and /or the providers to re-
direct any portion of these aforementioned Medicaid supplemental payments in order to
satisfy non - Medicaid, non - uninsured, and non - underinsured activities.
8. The County agrees the following provision shall be included in any agreements between
the County and local providers where funding is provided for the Medicaid program.
Funding provided in this agreement shall be prioritized so that designated funding shall
first be used to fund the Medicaid program (including LIP) and used secondarily for other
purposes.
9. The Agency will reconcile the difference between the amount of the IGTs used by or on
behalf of individual hospitals' buybacks of their Medicaid inpatient and outpatient trend
adjustments or exemptions from reimbursement limitations for SFY 2012 -13 and an
estimate of the actual annualized benefit derived based on actual days and units of
service provided. Reconciliation amount may be incorporated into current year (SFY
2013 -14) LOAs.
10. This Letter of Agreement covers the period of July 1, 2013 through June 30, 2014 and
shall be terminated June 30, 2014.
2
11B
WITNESSETH:
IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day
and year above first written.
State of Florida
Stacey Lampkin
Acting Assistant Deputy Secretary for Medicaid
Finance, Agency for Health Care Administration
C,!&n?,C ►fl !-i 1 L LF fZiESQ .
Name
C- VA A R VJ O ,nn A "J
Title
Approved as to form and legality
ATTM.
� fE 4ork
Assistant County ttorney
By'
�x v%'
3
bJ
118
Automatic DRG Add -On
Self- Funded DRG Add -On $3,644,150
Total Funding$3,644,150,
4
11B
Letter of Agreement
THIS LETTER OF AGREEMENT made and entered into in duplicate on the ay 4- day of
5ePt-2013, by and between Collier County (the County), and the State of Florida, through its
Agency for Health Care Administration (the Agency),
1. Per Senate Bill 1500, the General Appropriations Act of State Fiscal Year 2013 -2014,
passed by the 2013 Florida Legislature, County and the Agency, agree that County will
remit to the State an amount not to exceed a grand total of $1,769,118.
a. The County and the Agency have agreed that these funds will only be used to
increase the provision of health services for the Medicaid, uninsured; and
underinsured people of the County and the State of Florida at large.
b. The increased provision of Medicaid, uninsured, and underinsured funded health
services will be accomplished through the following Medicaid programs:
i. The Disproportionate Share Hospital (DSH) program.
ii. The removal of outpatient reimbursement ceilings for teaching, specialty
and community hospital education program hospitals.
iii. The removal of outpatient reimbursement ceilings for hospitals whose
charity care and Medicaid days as a percentage of total adjusted hospital
days equals or exceeds 11 percent.
iv. The removal of outpatient reimbursement ceilings for hospitals whose
Medicaid days, as a percentage of total hospital days, exceed 7.3
percent, and are trauma centers.
v. Inpatient DRG add -ons for teaching, specialty, children's, public and
community hospital education program hospitals; hospitals whose charity
care and Medicaid days as a percentage of total adjusted hospital days
equals or exceeds 11 percent; or hospitals whose Medicaid days, as a
percentage of total hospital days, exceed 7.3 percent, and are trauma
centers.
vi. The annual cap increase on outpatient services for adults from $500 to
$1,500.
vii. Medicaid Low Income Pool (LIP) payments to rural hospitals, trauma
centers, specialty pediatric hospitals, primary care services and other
Medicaid participating safety -net hospitals.
viii. Medicaid LIP payments to hospitals in the approved appropriations
categories.
ix. Medicaid LIP payments to Federally Qualified Health Centers.
x. Medicaid LIP payments to Provider Access Systems (PAS) for Medicaid
and the uninsured in rural areas.
0
11B
A. Medicaid LIP payments for the expansion of primary care services to low
income, uninsured individuals.
2. The County will pay the State an amount not to exceed the grand total amount of
$1,769,118. The County will transfer payments to the State in the following manner:
a. The first quarterly payment in an amount not to exceed $442,281 for the months
of July, August, and September is due upon notification by the Agency.
b. Each successive payment in an amount not to exceed $442,279 is due as
follows, November 30, 2013, March 31, 2014 and June 15, 2014.
c. The State will bill the County each quarter payments are due.
3. Timelines: This agreement must be signed, submitted, and received to the Agency no
later than October 1, 2013, for self- funded exemptions, buybacks and DRG add -ons, to
be effective for SFY 2013 -2014.
4. Attached are the DSH and LIP schedules reflecting the anticipated annual distributions
for State Fiscal Year 2013 -2014.
5. The County and the State agree that the State will maintain necessary records and
supporting documentation applicable to Medicaid, uninsured, and underinsured health
services covered by this Letter of Agreement. Further, the County and State agree that
the County shall have access to these records and the supporting documentation by
requesting the same from the State.
6, The County and the State agree that any modifications to this Letter of Agreement shall
be in the same form, namely the exchange of signed copies of a revised Letter of
Agreement.
7. The County confirms that there are no pre- arranged agreements (contractual or
otherwise) between the respective counties, taxing districts, and /or the providers to re-
direct any portion of these aforementioned Medicaid supplemental payments in order to
satisfy non - Medicaid, non - uninsured, and non - underinsured activities.
B. The County agrees the following provision shall be included in any agreements between
the County and local providers where funding is provided for the Medicaid program.
Funding provided in this agreement shall be prioritized so that designated funding shall
first be used to fund the Medicaid program (including LIP) and used secondarily for other
purposes.
9. The Agency will reconcile the difference between the amount of the IGTs used by or on
behalf of individual hospitals' buybacks of their Medicaid inpatient and outpatient trend
adjustments or exemptions from reimbursement limitations for SFY 2012 -13 and an
estimate of the actual annualized benefit derived based on actual days and units of
service provided. Reconciliation amount may be incorporated into current year (SFY
2013 -14) LOAs.
10. This Letter of Agreement covers the period of July 1, 2013 through June 30, 2014 and
shall be terminated. June 30, 2014.
2
118
WITNESSETH:
IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day
and year above first written.
State of Florida
Stacey Lampkin
Acting Assistant Deputy Secretary for Medicaid
Finance, Agency for Health Care Administration
� �c� (Z � ► A � . H t LL�2, � SQ
Name
C. A A � 2 ►n) o � �
Title
T 3'
cX. �CSi
A
Approved as to form and lcplity
c oU�
Assistant County A om
S� ,.� ry ► Ff ct -A . 6
3 �q
118
Loc'6[ Government Intergovernmental Transfers.;
Pro rarii'i�L Amount ' State Fiscal .Year 2013;2014
S.0 ,_. Iemental Payments
LIP
DSH
Nursing Home SMP
Out atient Amounts_
Automatic Buyback
Self- Funded Buyback
Automatic Exemption
Self- Funded Exemption
SWI
g' 9n atient Amounts'
Automatic DRG Add -On
Self- Funded DRG Add -On $1,769,118
Total' Fundin $1;769 ",118
Id
�q
1113 1
MEMORANDUM
Date: September 30, 2013
To: Jennifer A. Belpedio, Assistant County Attorney
Collier County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County and Physician's
Regional HealthCare System
Attached are two (2) original copies of the agreement referenced above, (Item #1113)
approved by the Board of County Commissioners on Tuesday, September 24, 2013.
The third original will be held on file with the Minutes and Record's Department for
the Board's Official Record.
Thank you
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachments (2)
116
AGREEMENT
THIS AGREEMENT is made and entered into on September 24, 2013 by and between Collier County,
Florida, a political subdivision of the State of Florida, hereinafter referred to as "the County" and Naples
HMA, L.L.C. d /b /a as Physicians Regional HealthCare System, a Florida Limited liability company,
hereinafter referred to as "the Hospital ".
RECITALS:
WHEREAS, Section 125.01(1)(e), Florida Statutes, authorizes the County to provide health
welfare programs for the residents of Collier County to the extent not inconsistent with general or
special law; and
WHEREAS, The establishment and maintenance of such programs are in the common interest of
the people of Collier County: and
WHEREAS, The County desires the Hospital to become a Community Health partner to assist in
providing payments for health prevention programs, and mental health services to residents of the
County, where no existing state or federal resources are available; and
WHEREAS, The Hospital desires to be a Community Health partner and is willing to voluntarily
provide payments for such services, subject to the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree as
follows:
ARTICLE I
SERVICES TO BE PERFORMED
1. The Hospital shall provide documentation and quarterly reports to the County that support
Hospital's expenditures for the reimbursement to Collier partners as stated immediately below for
the delivery of services, designated primary health care services, specialty health care services and
other health care services such as, but not limited to, the following services:
a. Immunization program provided by the Collier County Health Department
b. AIDS Prevention Program provided by the Collier County Health Department
c. Tuberculosis Program provided by the Collier County Health Department
d. Communicable Disease Program provided by the Collier County Health Department
e. Child Health Program provided by the Collier County Health Department
f. Healthy Start Prenatal Program provided by the Foundation for Women's Health
g. School Health Program provided by the Collier County Health Department
h. Adult Health Program provided by the Collier County Health Department
i. Dental Program provided by the Collier County Health Department
j. Community Mental Health Services provided by the David Lawrence Center, Inc.
k. Other health related programs and services.
ARTICLE II
PAYMENTS
1. The County shall make Intergovernmental Transfers, on behalf of the Hospital, in connection with
the State's Medicaid Programs — specifically the self funding of inpatient DRG payments and
buyback of the Medicaid outpatient trend adjustments - to the State of Florida in accordance with
1
2013 Agreement with Naples HMA /IGT
0
11B
the Letter(s) of Agreement between the County and the Agency for Health Care Administration
(AHCA).
2. There are no pre- arranged agreements (contractual or otherwise) between the County and the
Hospital to re- direct any portion of Medicaid supplemental payments in order to satisfy non -
Medicaid activities.
3. The following document is hereby incorporated by reference as an attachment to this Agreement:
Letter of Agreement with AHCA - Attachment A
ARTICLE III
CLAIMS VALUATION AND CLAIMS PROCESSING
As the claims processing entity, the Hospital will provide quarterly financial reports to the County in such
detail as required by the County.
ARTICLE IV
TERMS OF AGREEMENT AND TERMINATION
1. The term of this Agreement shall be October 1, 2013 through September 30, 2014.
2. Either party may terminate this Agreement thirty (30) calendar days after receipt by the other party
of written notice of intent to terminate.
3. Upon breach of this Agreement, the aggrieved party may, by written notice of breach to the
breaching party, terminate the whole or any part of this Agreement. Termination shall be upon no
less than twenty -four (24) hours notice, in writing, delivered by certified mail, facsimile, or in
person. Waiver by either party of breach of any provisions of this Agreement shall not be deemed
to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of this Agreement.
ARTICLE V
ASSIGNMENT
The Hospital and /or its sub - contractor shall not assign or transfer this Agreement, or any interest, right
or duty herein, without the prior written consent of the County, which consent shall not be
unreasonably withheld by the County. Without obtaining prior consent by the County, the Hospital shall
be allowed to assign or transfer this Agreement or any of the Hospital's obligations hereunder to
affiliates or wholly owned subsidiaries of the Hospital. This Agreement shall run to the County and its
successors.
ARTICLE VI
SUBCONTRACTING
The parties agree that the Hospital shall be permitted to execute subcontracts for the purchase by the
Hospital of such services, articles, supplies, and equipment, which is both necessary and incidental to
the performance of the work, required under this Agreement. However, the Hospital expressly
2
2013 Agreement with Naples HMA /IGT
CAO
kA
understands that it shall assume the primary responsibility for performing the services outlined in Article
I of this Agreement.
ARTICLE VII
INSURANCE, SAFETY AND INDEMNIFICATION
1. Indemnity. To the maximum extent permitted by Florida law, the Hospital and /or its sub - contractor
shall indemnify and hold harmless the County against any claims, damages, losses, and expenses,
including reasonable attorneys' fees and costs, arising out of or resulting from the Hospital's failure
to pay for services or performance under this Agreement. This indemnification obligation shall not
be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
Hospitals shall jointly and severally indemnify and hold harmless Collier County for all claims,
demands, actions, suits, losses, costs, charges, expenses, damages and liabilities whatsoever which
the County may pay, sustain, suffer or incur by reason of or in connection with this agreement
including payment of all legal costs, including but not limited to, attorney's fees paid by the County.
2. Insurance Required.
During the term of this agreement the Hospital shall procure and maintain liability insurance
coverage. The liability insurance coverage shall be in amounts not less than $1,000,000 per person
and $2,000,000 per incident of occurrence for personal injury, death, and property damage or any
other claims for damages caused by or resulting from the activities under this Agreement. Such
policies of insurance shall name the County as an additional insured. The Hospital shall purchase all
policies of insurance from a financially responsible insurer duly authorized to do business in the
State of Florida. The Hospital shall be financially responsible for any loss due to failure to obtain
adequate insurance coverage and the failure to maintain such policies or certificate in the amounts
set forth herein shall constitute a breach of this agreement.
ARTICLE VIII
BILLING PROCEDURES
The County shall provide the Hospital with invoices pursuant to this Agreement once the County has
verified the validity of the invoices to be paid by the Hospital. The Hospital will not pay any invoices
prior to the County's approval.
The Hospital shall make payments on a voluntary basis in the amount of $929,062 to specific healthcare
programs and services, such as the mental health programs of the David Lawrence Center, specified
health programs of the Collier County Health Department, and other social service providers that are
pre- approved by the County for payment. The Hospital shall use reasonable efforts to pay invoices
approved by the County within thirty (30) days of County approval. Payments shall be made in
accordance with this Agreement irrespective of whether Hospital has received funds from AHCA.
If the amount invoiced to Hospital does not result in the amount of $929,062 the Hospital will credit
County for the difference and voluntarily make those payments to providers elected by County upon
invoice by the County in Year 2014 -2015.
3
2013 Agreement with Naples HMA /IGT
CA 0)
ARTICLE IX 11B
RECORDS
The Hospital and /or its sub - contractor shall keep orderly and complete records of its accounts and
operations related to the services provided under this Agreement for the entire term of the Agreement
plus three (3) years. The Hospital and /or its sub - contractor shall keep open these records to inspection
by County personnel at reasonable hours during the entire term of this Agreement. If any litigation,
claim or audit is commenced prior to the expiration of the three (3) year period and extends beyond this
period the records must remain available until any litigation, claim or audits have been resolved. Any
person duly authorized by the County shall have full access to and the right to examine any of said
records during said period. Access to PHI shall be in compliance with federal laws and HIPAA.
ARTICLE X
CIVIL RIGHTS
1. There will be no discrimination against any employee or person served on account of race, color,
sex, age, religion, ancestry, national origin, handicap or marital status in the performance of the
Agreement.
2. It is expressly understood that, upon receipt of evidence of such discrimination, the County shall
have the right to terminate this Agreement for breach of agreement.
3. The Hospital and /or its sub - contractor shall comply with Title VI of the Civil Rights Act of 1964 (42
USC 2000d) in regard to persons served.
4. The Hospital and /or its sub - contractor shall comply with Title VII of the Civil Rights Act of 1964 (42
USC 2000c) in regard to employees or applicants for employment.
5. The Hospital and /or its sub - contractor shall comply with Section 504 of the Rehabilitation Act of
1973 in regard to employees or applicants for employment and clients served.
ARTICLE XI
OTHER CONDITIONS
1. Any alterations, variations, modifications or waivers of provision of this Agreement shall only be
valid when they have been reduced to writing, duly signed and attached to the original of this
Agreement. The parties agree to renegotiate the Agreement if revision of any applicable laws or
regulations makes changes in the Agreement necessary.
2. This Agreement contains all the terms and conditions agreed upon by the parties. All items
incorporated by reference are as though physically attached. No other agreements, oral or
otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any
of the parties hereto.
3. The Hospital and /or its sub - contractor shall obtain and possess throughout the term of this
Agreement all licenses and permits applicable to its operations under federal, state, and local laws,
and shall comply with all fire, health and other applicable regulatory codes.
4. The Hospital and /or its sub - contractor agrees to comply with all applicable requirements and
guidelines prescribed by the County for recipients of funds.
5. The Hospital and /or its sub - contractor agree to safeguard the privacy of information pursuant to the
Health Insurance Portability and Accountability Act of 1996 (HIPAA).
4
2013 Agreement with Naples HMA /IGT
lie
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates first written above.
ATTEST:
DWIGHT E. BROCK, CLERK
Y:,
UTY CLERK
]Aftt 6 0
A.- i a fo'r fot n and''legality:
Jennifer A. Belpedio a,5���
Assistant County Attorney Ck
2013 Agreement with Naples HMA /IGT
BOARD OF COUNTY COMMISSIONERS
OF COLLIER O P
By:
GEOR A. HILLER, ESQ.
CHAIRWOMAN
5
Naples HMA, LLC., d /b /a Physicians Regional
Healthcare System, a Florida limited liability
company
Title:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP .I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
I B-
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1. County Attorney Office
County Attorney Office
JAB
10/21/13
2. BCC Office
Board of County
Commissioners
Agenda Item Number
11.13
3. Minutes and Records
Clerk of Court's Office
JAB
l 1.33gm
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Jennifer A. Belpedio, Assistant County Attorney
Phone Number
252 -840
Contact / Department
a ro riate.
Initial
Applicable)
Agenda Date Item was
9/24/13 V
Agenda Item Number
11.13
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
JAB
Type of Document
Agreement(Collier County and David Lawrence)
Number of Original
1
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
n/a
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAB t/
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
Initial
Applicable)
1.
Does the document require the chairman's original signature?
JAB
2.
Does the document need to be sent to another agency for additional signatures? If yes,
JAB
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JAB
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAB t/
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAB
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAB
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
JAB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 9/24/13 and all changes made during the
JAB
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I
9.
Initials of attorney verifying that the attached document is the version approved by the
JAB
BCC, all changes directed by the BCC have been made, and the document is ready for th
6
Chairman's signature.
C -
I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
iiB "
MEMORANDUM
Date: October 29, 2013
To: Jennifer A. Belpedio, Assistant County Attorney
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Collier County & David Lawrence Agreement
Attached for your records is a copy of document mentioned above, (Item #11B)
approved by the Board of County Commissioners on Tuesday, September 24, 2013.
The original document is being held in the Minutes and Records Department as
part of the Board's Official Records.
If you have any questions, please contact me at 252 -7240.
Thank you.
County of Collier
CLERK OF THE`CIR'QUIT COURT
Dwight E. Brock COLLIER COU1 TY COORTHOUSE
Clerk of Courts 3315 TAMIAMI TRL E STE 102 , % P.O. BOX 413044
NAPLES, FLORIDA Yfi ; NAPLES, FLORIDA
34112 -5324 ;34101 -3044
t
October 30, 2013
David Lawrence Mental Health Center, Inc.
Attn: David C. Schimmel
6075 Bathey Lane
Naples, Florida 34116
11
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Re: Agreement between Collier County & David Lawrence Mental Health
Center, Inc.
Transmitted herewith is a certified copy of the above referenced document for
your records, as adopted by the Collier County Board of County Commissioners of
Collier County, Florida on Tuesday, September 24, 2013, during Regular
Session.
Very truly yours,
DWIGHT E. BROCK, CLERK
Martha Vergara, Dej?uty C erk
Enclosure
Phone- (239) 252 -2646 Fax- (239) 252 -2755
Website-.www.CollierClerk.com Email- CollierClerk@collierclerk.com
11B 0
AGREEMENT
THIS AGREEMENT is made and entered into this September 24, 2013 by and between Collier
County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "the County" and
David Lawrence Mental Health Center, Inc. d /b /a David Lawrence Center, a Florida not - for - profit
corporation, hereinafter referred to as "the Center".
RECITALS:
WHEREAS, Section 125.01(1)(e), Florida Statutes, authorizes the County to provide emergency
medical services (EMS) for the residents of Collier County to the extent not inconsistent with general or
special law; and
WHEREAS, The establishment and maintenance of such programs are in the common interest of
the people of Collier County; and
WHEREAS, The County desires the Center to become a community health partner to assist with
services to the uninsured and underinsured residents of the County, where no existing state or federal
resources are available; and
WHEREAS, The Center desires to be a community health partner and is willing to voluntarily
provide financial assistance for such services, subject to the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree
as follows:
ARTICLE I
CONTRIBUTION OF FUNDS
The Center will provide a financial contribution or donation in the amount of $3,653,242 (three million
six hundred fifty three thousand two hundred forty -two dollars) to the County to help offset the cost of
EMS services to the uninsured and underinsured residents of the county.
ARTICLE II
PAYMENTS
There are no pre- arranged agreements (contractual or otherwise) between the County and the Center
to re- direct any portion of Medicaid supplemental payments in order to satisfy non - Medicaid services.
ARTICLE III
TERMS OF AGREEMENT AND TERMINATION
1. The term of this Agreement shall be October 1, 2013 through September 30, 2014.
2. Either party may terminate this Agreement thirty (30) calendar days after receipt by the other party
of written notice of intent to terminate.
3. Upon breach of this Agreement, the aggrieved party may, by written notice of breach to the
breaching party, terminate the whole or any part of this Agreement. Termination shall be upon no
less than twenty -four (24) hours notice, in writing, delivered by certified mail, facsimile, or in
person. Waiver by either party of breach of any provisions of this Agreement shall not be deemed
to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of this Agreement.
ARTICLE IV
ASSIGNMENT
I le
The Center shall not assign or transfer this Agreement, or any interest, right or duty herein, without the
prior written consent of the County, which consent shall not be unreasonably withheld by the County.
Without obtaining prior consent by the County, the Center shall be allowed to assign or transfer this
Agreement or any of the Center's obligations hereunder to affiliates or wholly owned subsidiaries of the
Center. This Agreement shall run to the County and its successors.
ARTICLE V
SUBCONTRACTING
There are no subcontracts applicable to this Agreement.
ARTICLE VI
INSURANCE, SAFETY AND INDEMNIFICATION
1. Indemnity. To the maximum extent permitted by Florida law, David Lawrence Center shall
indemnify and hold harmless the County against any claims, damages, losses, and expenses,
including reasonable attorneys' fees and costs, arising out of or resulting from the Center's
performance under this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
2. Insurance Required. During the term of this agreement the Center shall procure and maintain
liability insurance coverage. The liability insurance coverage shall be in amounts not less than
$1,000,000 per person and $2,000,000 aggregate for personal injury, death, and property damage
or any other claims for damages caused by or resulting from the activities under this Agreement.
Such policies of insurance shall name the County as an additional insured. The Center shall purchase
all policies of insurance from a financially responsible insurer duly authorized to do business in the
State of Florida. The Center shall be financially responsible for any loss due to failure to obtain
adequate insurance coverage and the failure to maintain such policies or certificate in the amounts
set forth herein shall constitute a breach of this agreement.
ARTICLE VII
BILLING PROCEDURES
The Center will make payment as noted in Article I of this Agreement, to the County on behalf of the
EMS department. Payments will be made as follows:
$1,826,621 on October 15, 2013,
$913,311 on January 15, 2014, and
$913,310 on May 15, 2014.
ARTICLE VIII
RECORDS
The Center shall keep orderly and complete records of its accounts and operations related to the
services provided under this Agreement for the entire term of the Agreement plus three (3) years. The
K
118 is
Center shall keep open these records to inspection by County personnel at reasonable hours during the
entire term of this Agreement. If any litigation, claim or audit is commenced prior to the expiration of
the three (3) year period and extends beyond this period the records must remain available until any
litigation, claim or audits have been resolved. Any person duly authorized by the County shall have full
access to and the right to examine any of said records during said period. Access to PHI shall be in
compliance with federal laws and HIPAA.
ARTICLE IX
CIVIL RIGHTS
1. There will be no discrimination against any employee or person served on account of race, color,
sex, age, religion, ancestry, national origin, handicap or marital status in the performance of the
Agreement.
2. It is expressly understood that, upon receipt of evidence of such discrimination, the County shall
have the right to terminate this Agreement for breach of agreement.
3. David Lawrence Center shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in
regard to persons served.
4. David Lawrence Center shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 2000c) in
regard to employees or applicants for employment.
5. David Lawrence Center shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to
employees or applicants for employment and clients served.
ARTICLE X
OTHER CONDITIONS
1. Any alterations, variations, modifications or waivers of provision of this Agreement shall only be
valid when they have been reduced to writing, duly signed and attached to the original of this
Agreement. The parties agree to renegotiate the Agreement if revision of any applicable laws or
regulations makes changes in the Agreement necessary.
2. This Agreement contains all the terms and conditions agreed upon by the parties. All items
incorporated by reference are as though physically attached. No other agreements, oral or
otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any
of the parties hereto.
3. The Center shall obtain and possess throughout the term of this Agreement all licenses and permits
applicable to its operations under federal, state, and local laws, and shall comply with all fire, health
and other applicable regulatory codes.
4. The Center agrees to comply with all applicable requirements and guidelines prescribed by the
County for recipients of funds.
5. The Center agrees to safeguard the privacy of information pursuant to the Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
SIGNATURE PAGE TO FOLLOW
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
3
118
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates for mentioned above.
ATTEST:
DWIGHir LERK
By.,,
Attu# as to 001 0 S D p
' nat� to only.' ,_�
slg #!
ATTEST:
By:
BOAR OU TY COM ISSIONERS
COLLI R C N
By:
e . H' ler, Esq.,
irwoman
The David Lawrence Mental Health
Center, Inc. d /b /a David Lawrence
Center
By.
Title:
Approved as to form and legality
Assistant County rney
4
I I BI cK ''
Hospitals shall jointly and severally indemnify and hold harmless Collier
County for all claims, demands, actions, suits, losses, costs, charges,
expenses, damages and liabilities whatsoever which the County may
pay, sustain, suffer or incur by reason of or in connection with this
agreement including payment of all legal costs, including but not limited
to, attorney's fees paid by the County.
(PLEASE PRINT CLEARLY)
MEETING DATE �c i1fff+4_' /^ _ � , �1�7
AGENDA ITEM TITLE _L--f , T A-,q q,
Agenda Item # _Z1 1-3
(Circle Meeting Type) Regular Special Workshop Budget
NAME &1k 5,e Cttf,51 � ADDRESS f _
Representing/ Petitioner: _ 4 LL�fl7�g�... Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
(PLEASE PRINT CLEARLY)
MEETING DATE jr�� %�+1V! " , 2V1
Agenda Item # /% 13
(Circle Meeting Type) Regular Special Workshop Budget
AGENDA ITEM TITLE C.' z -//,f-
NAME 0A ADDRESS t
Representing /Petitioner; C // _ Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
(PLEASE PRINT CLEARLY)
MEETING DATE
Agenda Item # /% 29
(Circle Meeting Type) Regular Special Workshop Budget
AGENDA ITEM TITLE ^4 —
NAME ADDRESS -- .._........_. !!
Representing/ Petitioner: '7 'u, a i Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
(PLEASE PRINT CLEARLY)
MEETING DATE
AGENDA ITEM TITLE
Agenda Item #
(Circle Meeting Type) Regular Special Workshop Budget
NAME ( I U/1 !j �fJ' oy ADDRESS
Representing/ Petitioner: ! U C�/i Other:
COLLIER COUNTY ORDINANCE NO, 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
11B