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Backup Documents 01/11/2011 Item #16D 8V1�1V11 \HL LVl.lJ 1V1L`1 \1J l.ilL'1.11L1J 1 L% %"u 111\V oil `+ D 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Boat of has Ulan action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce Lion of the Chairman's signature, draw aline throu h routing lines # I through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer White CAO (Initial) Applicable) 2. 1/11/11 Agenda Item Number 16 D8 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Diem Number of Original � z 5. Ian Mitchell, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepamed the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item 1 Name of Primary Staff Marcy Krumbine, Director Phone Number 774 -8442 Contact Housing and Human Services (Initial) Applicable) Agenda Date Item was 1/11/11 Agenda Item Number 16 D8 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Diem Number of Original 2 Attached - c ­..-C _ r Documents Attached 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 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (AII documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to son in the BCC office within 24 hours of BCC approval. n (� 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 dead] mes! 6. document was approved by the BCC on t/1 /11 and all changes made during the 1The meeting have been incorporated in the attached document. The County Attorney's (1 1✓ Office has reviewed the changes, if applicable. �" I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2 24.05 Letter of Agreement 16 D &I %v ill' THIS LETTER OF AGREEMENT made and entered into in duplicate on the 11'n day of January, 2011„ by and between Collier County (the County), and the State of Florida, through its Agency for Health Care Administration (the Agency), 1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2010 -2011, passed by the 2010 Florida Legislature, County and the Agency, agree that County will remit to the State an amount not to exceed a grand total of $258,667. 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 inpatient and outpatient reimbursement ceilings for teaching, specialty and community hospital education program hospitals. iii. The removal of inpatient and 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 inpatient and outpatient reimbursement ceilings for hospitals whose Medicaid days, as a percentage of total hospital days, exceed 7,3 percent, and are trauma centers. v. Increase the annual cap on outpatient services for adults from $500 to $1,500. vi. Medicaid Low Income Pool (LIP) payments to rural hospitals, trauma centers, specialty pediatric hospitals, primary care services and other Medicaid participating safety -net hospitals. vii. Medicaid LIP payments to hospitals in the approved appropriations categories. viii. Medicaid LIP payments to Federally Qualified Health Centers. ix. Medicaid LIP payments to Provider Access Systems (PAS) for Medicaid and the uninsured in rural areas. x. Medicaid LIP payments for the expansion of primary care services to low income, uninsured individuals. Letter of Agreement for SFY 2010 -11 2. The County will pay the State an amount not to exceed the grand total amount of $258,667. �F The County will transfer payments to the State in the following manner: a) The first quarterly payment of $64,669 for the months of July, August, and September is due upon notification by the Agency. b) Each successive payment of $64,666 is due as follows, January 31, 2011, March 31. 2011 and June 15. 2011. c) The State will bill the County each quarter payments are due. 3. The enhanced FMAP is in effect for the first six months of SFY 2010 -11. Any payments made by the Agency on or after January 1, 2011, will not be eligible for the enhanced FMAP. Therefore, the County will be responsible for funding the State share required as a result of the reduced FMAP. If funding is not adequate due to the FMAP change, the State will reduce the rate to the level of funded by the County. 4. Timelines: This agreement must be signed and submitted to the Agency no later than May 31, 2011, to be effective for SFY 2011. 5. Attached are the DSH and LIP schedules reflecting the anticipated annual distributions for State Fiscal Year 2010 -2011. 6. 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. 7. 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. 8. 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. 9. 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. 10. This Letter of Agreement covers the period of July 1, 2010 through June 30, 2011. Letter of Agreement for SPY 2010 -11 l6D g Local Government Inter overnmental Transfers Program / Amount State Fiscal Year 2010 -2011 DSH __ ----- -- ---- LIP, Exem tions Sr SWI — - - - -- -- - - 258,667 Nursing Home SMP Total Fundin $258,667 Lettcr of Agreement for SFY 2010 -11 160 WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Jennifer B. White v� Assistant County Attorney �' Lettcr of Agreement for SFY 2010 -11 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Board of County Commissioners Date: January 11, 2011 STATE OF FLORIDA: M Phil E. Williams Assistant Deputy Secretary for Medicaid Finance Agency for Health Care Administration Date: January 11, 2011 .r roo MEMORANDUM Date: January 13, 2011 To: Marcy Krumbine, Director Human Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: AHCA Agreement Enclosed please find two (2) originals, as referenced above (Agenda Item #16D8), which were approved by the Board of County Commissioners on Tuesday, January 11, 2011. Please forward a fully executed original back to the Minutes & Records once all signatures have been received for the Board's Records. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosure 16D 8 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the 11" day of January, 2011„ by and between Collier County (the County), and the State of Florida, through its Agency for Health Care Administration (the Agency), 1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2010 -2011, passed by the 2010 Florida Legislature, County and the Agency, agree that County will remit to the State an amount not to exceed a grand total of $258,667. 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 inpatient and outpatient reimbursement ceilings for teaching, specialty and community hospital education program hospitals. iii. The removal of inpatient and 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 inpatient and outpatient reimbursement ceilings for hospitals whose Medicaid days, as a percentage of total hospital days, exceed 7.3 percent, and are trauma centers. v. Increase the annual cap on outpatient services for adults from $500 to $1,500. vi. Medicaid Low Income Pool (LIP) payments to rural hospitals, trauma centers, specialty pediatric hospitals, primary care services and other Medicaid participating safety -net hospitals. vii. Medicaid LIP payments to hospitals in the approved appropriations categories. viii. Medicaid LIP payments to Federally Qualified Health Centers. ix. Medicaid LIP payments to Provider Access Systems (PAS) for Medicaid and the uninsured in rural areas. x. Medicaid LIP payments for the expansion of primary care services to low income, uninsured individuals. Letter of Agreement for SFY 2010 -11 16D 8 2. The County will pay the State an amount not to exceed the grand total amount of $258,667. The County will transfer payments to the State in the following manner: a) The first quarterly payment of $64,669 for the months of July, August, and September is due upon notification by the Agency. b) Each successive payment of $64,666 is due as follows, January 31, 2011, March 31, 2011 and June 15, 2011. c) The State will bill the County each quarter payments are due. The enhanced FMAP is in effect for the first six months of SFY 2010 -11. Any payments made by the Agency on or after January 1, 2011, will not be eligible for the enhanced FMAP. Therefore, the County will be responsible for funding the State share required as a result of the reduced FMAP. If funding is not adequate due to the FMAP change, the State will reduce the rate to the level of funded by the County. 4. Timelines: This agreement must be signed and submitted to the Agency no later than May 31, 2011, to be effective for SFY 2011. 5. Attached are the DSH and LIP schedules reflecting the anticipated annual distributions for State Fiscal Year 2010 -2011. 6. 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. 7. 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. 8. 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. 9. 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. 10. This Letter of Agreement covers the period of July 1, 2010 through June 30, 2011. Letter of Agreement for SFY 2010 -11 16D g WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. ATTEST: DWIGHT L�BROCK, Clerk By ;- Deputy CIerJ Attest a to i aan Approved as to form and legal sufficiency Assistant County Attorney Collier County Letter of Agreement for SFY 2010 -11 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. I E Fred W. Coyle, Chairman Board of County Commissioners Date: January 11, 2011 STATE OF FLORIDA: M Phil E. Williams Assistant Deputy Secretary for Medicaid Finance Agency for Health Care Administration Date: January 11 2011 U. W#e Local Government Inter overnmental Transfers Program / Amount State Fiscal Year 2010 -2011 DSH LIP, Exemptions & SWI 258,667 Nursing Home SMP Total Funding $258,667 Letter of Agreement for SFY 2010 -11 V1�1<T11�t1L LVl.. V1V1L' 1\ I l.11L` 1.11L1O I L% 1%"k) 11114lT OL1r 16 D V TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document Original documents should be land delivered to the Board Office. The completed muting slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the it ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dares, and/or information needed. If the document is already complete with the - . _. . . . __ I . .... .......... ......:.... c...,.. .1 .h.n „oh xa ­ Wd thr rhrekii,o and forward to tan Mitchell (line #5). excetion or me c,nanman s bounuoue, wow a.,...:..� .... ........... Route to Addressee(s) (List in routing order ...._,, ... .._,._ .., .. __....._._.__- ___. ___. Office Initials Date 1. Colleen Greene CAO (Initial) Applicable) 2. 1/11/11 Agenda Item Number 16 D8 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. CHS Agreement Number of Original 2 5, Ian Mitchell, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Site Filson, need to contact staff for additional or missing information. All original documents needing the BCC C}tairman's signature are to be delivered to the BCC office only after the BCC has acted to approvethe item.) Name of Primary Staff Marcy Krumbine, Director Phone Number 774 -8442 Contact Housing and Burnam Services (Initial) Applicable) Agenda Date Item was 1/11/11 Agenda Item Number 16 D8 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document CHS Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INCTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A” in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been sigried/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, r �n resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's L signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue -Pilmm in the BCC office within 24 hours of BCC approval 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! 6. The document was approved by the BCC on 1 /1 /] 1 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if apElicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D 8 MEMORANDUM Date: January 13, 2011 To: Marcy Krumbine, Director Human Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: CHS Agreement Enclosed please find two (2) originals, as referenced above (Agenda Item #16138), which were approved by the Board of County Commissioners on Tuesday, January 11, 2011. Please forward a fully executed original back to the Minutes & Records once all signatures have been received for the Board's Records. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosure 16D 8 AGREEMENT THIS AGREEMENT is made and entered on the 11 day of January 2011, by and between Collier County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "the County" and Collier Health Services, Inc., a Florida not for profit incorporated under the laws of the State of Florida, and a Federal Health Qualified Center hereinafter referred to as "Center'. 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. WHEREAS, The establishment and maintenance of such programs are in the common interest of the people of Collier County. WHEREAS, The County desires to contract with the Center to provide payments for health care services for the medically needy residents of the County. WHEREAS, The Center is willing to 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 Center shall provide payment up to $258,667 for the following services in the manner as described : a. The Center and /or its sub - contractor shall provide payments for health prevention programs identified by the County to the Collier County Health Department. b. The Center and /or its sub - contractor shall provide timely responses to contract requirements. Responses to inquiries from the Public Services Division, County Health Department or designee regarding any aspect of payment of services being provided shall be as indicated below. c. The Center and /or its sub - contractor shall provide payments for emergency room, secondary and tertiary care for those patients determined eligible by the County Human Services Department. d. Secondary and tertiary services shall be provided upon the referring physician or designated physician's order. The referral order shall distinguish between a referral for specific therapeutic services and a diagnostic workup. e. Nothing in this contract shall be construed to limit access for a patient to any service provided by the Center that is medically necessary and approved by the County. 2. The obligation of the Center to provide any services pursuant to this Agreement, or to pay for services provided by other parties approved by the County pursuant to this Agreement, shall be contingent upon designated funds being paid to Center by the state or county in advance of the obligation of the Center to provide any services or to pay for any services. In the event that sufficient designated funds are not on deposit with the Center, the Center shall have no obligations under this Agreement. 16D 8 ARTICLE II PAYMENTS 1. The County shall make four quarterly payments to the State of Florida under the Inter Governmental Transfer Program (IGT): The County will transfer payments to the State in the following manner: C) a) The first quarterly payment of $64,669 for the months of July, August, and September is due upon notification by the State. b) Each successive payment of $64,666 is due as follows, November 1, 2010, March 31, 2011 and June 15, 2011. d) The State will bill the County each quarter payments are due. 2. 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. ARTICLE III CLAIMS VALUATION AND CLAIMS PROCESSING 1. As the claims processing entity, the Center 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 January 1, 2011 through December 30, 2011 with no renewal. 2. Either party may terminate this Agreement thirty (30) calendar days after receipt by the other party of written notice of intent to terminate. In the event of termination, the County shall pay for services rendered, prorated to the date of termination. The County shall continue to pay for any inpatient receiving services on the date of termination until the discharge of such payment. 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, telegram 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. 4. It is further agreed that in the event general funds to finance all or part of this Agreement do not become available, the obligations of each party hereunder may be terminated upon no less than twenty -four (24) hours notice in writing to the other party. Said notice shall be delivered by certified mail, telegram or in person. The County shall be the final authority as to the availability of funds and as to how any available funds will be allocated among its various service providers. 16D 8 ARTICLE V ASSIGNMENT The Center 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 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 VI SUBCONTRACTING The parties agree that the Center shall be permitted to execute subcontracts for the purchase by the Center 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 Center expressly understands that it shall assume the primary responsibility for performing the services outlined in Article I of this Agreement. ARTICLE VIII INSURANCE, SAFETY AND INDEMNIFICATION Indemnity. The Center and /or its sub - contractor shall indemnify the County against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from the Center's failure to pay for services as directed by the County. The County shall indemnify the Center against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from or in any way connected with the performance of the County's responsibilities under this Agreement including the County's review of all invoices to insure that no violations of state of federal laws, rules or regulations occurs in payments made pursuant to this Agreement. Collier County's indemnification is subject to the limits of § 768.28, sovereign immunity. 2. Insurance Required. The Center maintains Medical Malpractice coverage and will provide the County evidence of such coverage. ARTICLE IIIV BILLING PROCEDURES The Center has standard, acceptable billing procedures that the Center will utilize in the performance of its obligations under this Agreement. The County shall direct the Center to make payments pursuant to this Agreement once the County has verified the validity of the invoices to be paid by the Center. The Center will not pay any invoices prior to the County's approval. The Center shall make payments to specific healthcare programs and services, such as the health programs at the Collier County Health Department that are pre- approved by the County for payment. The Center shall use reasonable efforts to pay invoices approved by the County within thirty (30) days of County approval. For the healthcare services provided by the Center, the Center shall be reimbursed at the federally approved Medicare rates. The County shall be responsible for verifying invoices for such services prior to reimbursement to the Center. The Center has the right to bill the balance to the patient for any difference between the Medicare rate and the amount the Center is paid pursuant to the County's authorization. ARTICLE IX RECORDS The Center 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 Center 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 Center 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 Center and /or its sub - contractor shall comply with Title VIl of the Civil Rights Act of 1964 (42 USC 2000c) in regard to employees or applicants for employment. 5. The Center 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 provisions 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. 8 ow 3. The Center 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 Center and /or its sub - contractor agrees to comply with all applicable requirements and guidelines prescribed by the County for recipients of funds. 5. The Center and /or its sub - contractor agree to safeguard the privacy of information pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). IN WITHNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Attest a to 041 4 $ ionau" oaf 0 Approved as to form and legal sufficiency Assistant County Attorney Collier County BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Date: January 11 2011 COLLIER HEALTH SERVICES M Date Richard B. Akin, President and CEO Item # I to DZ A;crida t t, Date tl Dat9 �1 E d ` 5