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Agenda 08/11/2020 Item #16E1 (09/08/2020 Item #16F1H for 08/11/2020 Absentia)08/11/2020 EXECUTIVE SUMMARY Recommendation to authorize payments in excess of $50,000 for annual cost reporting and consulting services for the Medicaid Reimbursement Program (PEMT) for Collier County EMS from Public Consulting Group Inc., a single-source provider. OBJECTIVE: To continue EMS’s participation in the Medicaid Reimbursement Program (PEMT) with Public Consulting Group Inc. which requires a contingency fee of 15% that is anticipated to exceed $50,000 per fiscal year. CONSIDERATIONS: Currently Medicaid reimbursement rates for Ambulance services do not recognize the actual cost for providing ALS services. To offset this revenue deficit, the Florida Agency for Health Care Administration (AHCA) has a Certified Public Expenditure Program for Medicaid Fee for Service Claims that provides additional federal funding for Medicaid eligible recipients such as Collier County EMS. Participation in the PEMT CPE program requires submission of an annual cost report to the Agency for Health Care Administration (AHCA). The consulting service CPE assists with required cost reporting and provides audit support. This service was previously approved by the BCC on November 16, 2016, as a contract amendment, with EMS’s prior billing company, which has since expired. On August 27, 2018, Public Consulting Group, Inc., signed a non-standard agreement 18-7482 with Collier County EMS accompanied by a single source waiver, to provide services directly to Collier County EMS rather than going through a third party. Section 11, subsection 11 of Collier County Procurement Ordinance No. 2017-08, as amended, allows for purchases from a single source “because of standardization, warranty, or other factors, even though other competitive sources may be available.” At the time, these fees were not expected to exceed $50,000. Due to increases in transports and additional funding recently provided under this program, those contingency fees for Public Consulting Group Inc. are now estimated not to exceed $100,000 annually. Board authorization is required when fees from a single source provider exceed $50,000. Staff requests authorization to make these payments to Public Consulting Group Inc., as a single source vendor for services thru FY21, with Procurement Staff annually reviewing the Public Consulting Groups agreement. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Funds for Collier County EMS requirements are budgeted annually in the Emergency Medical Services Fund 490 operating budget. Total expenditures under this single source agreement are estimated not to exceed $100,000 annually. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To authorize payments in excess of $50,000 for annual cost reporting and consulting services for the Medicaid Reimbursement Program (PEMT) for Collier County EMS from Public Consulting Group Inc., a single-source provider. 08/11/2020 Prepared by: Erin Page, Accounting Supervisor, EMS ATTACHMENT(S) 1. 18-7482-NSPCG_FullyExecutedAgreement_20200723144416.968_X (PDF) 2. 18-7482-NSPublicConsultingGroup_Amend#1_FullyExecuted_20200723144400.925_X (PDF) 3. FY20 Waiver Request 090 - Public Consulting Group ( Board Approval) (PDF) 08/11/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.1 Doc ID: 12993 Item Summary: Recommendation to authorize payments in excess of $50,000 for annual cost reporting and consulting services for the Medicaid Reimbursement Program (PEMT) for Collier County EMS from Public Consulting Group Inc., a single-source provider. Meeting Date: 08/11/2020 Prepared by: Title: Accounting Technician – Emergency Medical Services Name: Erin Page 07/23/2020 12:02 PM Submitted by: Title: Division Director - EMS Operations – Emergency Medical Services Name: Tabatha Butcher 07/23/2020 12:02 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 07/23/2020 1:35 PM Emergency Medical Services Tabatha Butcher Additional Reviewer Completed 07/23/2020 2:06 PM Administrative Services Department Paula Brethauer Level 1 Department Reviewer Completed 07/27/2020 10:20 AM Procurement Services Sandra Herrera Additional Reviewer Completed 07/31/2020 1:23 PM Procurement Services Catherine Bigelow Additional Reviewer Completed 07/31/2020 1:36 PM Procurement Services Sara Schneeberger Additional Reviewer Completed 07/31/2020 3:33 PM Administrative Services Department Len Price Level 2 Department Head Review Completed 08/10/2020 8:56 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/10/2020 11:04 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/10/2020 11:30 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 08/10/2020 11:51 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/10/2020 12:20 PM Board of County Commissioners MaryJo Brock Meeting Pending 08/11/2020 9:00 AM PUBLIC. CONSULTING GROUP -- ....... ......... Collier County ErbIS BOCC PEAIT Program Cost Reporting Services CONTRACTOR AGREEMENT This Agreement ("AGREEMENT") is entered into by and between Collier County Board of County Commissioners, c/o Collier County EMS ("COUNTY") and Public Consulting Group, Inc. ("PCG" or "CONTRACTOR") as of 27r14 day of Ay &ys T , 2018 ("Effective Date"). WHEREAS, The Centers for Medicare and Medicaid Services (CMS) allows states to establish alterna- tive payment methodologies for certain classes of providers, including ambulance providers, and WHEREAS, CONTRACTOR possesses professional skills that can assist COUNTY in analyzing and reporting costs to secure "supplemental payments", and WHEREAS, COUNTY wishes to engage CONTRACTOR as an independent contractor to perform pro- fessional services in connection with this initiative; THEREFORE, for good and valuable consideration, the receipt and adequacy of which is acknowledged, COUNTY and CONTRACTOR hereby agree as follows. 1, Description of Services CONTRACTOR will provide the professional services assigned by COUNTY and more fully de- scribed in Attachment A (the "Contracted Services"). CONTRACTOR acknowledges and agrees that time is of the essence in the value of the Contracted Services and shall render such Con- tracted Services in a prompt and diligent manner. 2. Term Unless terminated earlier, this Agreement shall be for a three (3) year term beginning on the Ef- fective Date. CONTRACTOR will commence performance for Contracted Services under this Agreement and will complete performance until additional Medicaid revenues are generated and received for the service periods outlined in Attachment A and Attachment B. Unless otherwise specified by COUNTY in writing, CONTRACTOR will provide the Contracted Services for the full duration of this AGREEMENT. CONTRACTOR and COUNTY acknowledge that the pro- gram services described in Attachments A and B are dependent on receiving state and federal program approval, and it may be necessary to extend the term of this AGREEMENT to receive additional incremental revenues. 3. Compensation a. COUNTY will compensate CONTRACTOR pursuant to the provisions contained in At- tachment B and this Section 3, and will not pay CONTRACTOR any other benefits, ex- penses, or compensation. The compensation arrangement may be changed by written agreement of the parties. b. COUNTY will compensate CONTRACTOR upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." CONTRACTOR shall submit billing statements directly to the COUNTY Contact Person identified in Section 5. Payment by COUNTY will be condi- tioned upon CONTRACTOR's performance of the Contracted Services to the reasonable satisfaction of COUNTY. Page 1 Collier County EMS-BOCC PUBLIC CONSUL TING (. aour PEAIT Program Cost Reporting Services c. Upon termination of this AGREEMENT, other than termination for cause under Section 4, CONTRACTOR will be entitled to receive compensation for Contracted Services sat- isfactorily provided prior to the effective date of termination. d. This Section and all terms concerning compensation paid by COUNTY to CONTRAC- TOR shall survive the termination or expiration of this AGREEMENT. 4. Termination This AGREEMENT may be terminated immediately by either party following a material breach of this AGREEMENT and a failure to cure such breach within a reasonable period not to exceed ten (10) business days. The County may terminate this Agreement for convenience with a thirty (30) day written notice. 5. Notices and Contact Persons Any notices, requests, consents and other communications hereunder shall be in writing and shall be effective either when delivered personally to the party for whom intended, e-mailed with an acknowledgment of receipt, or five days following deposit of the same into the United States mail (certified mail, return receipt requested, or first class postage prepaid), addressed to such party at the address set forth below, who shall serve as Contact Persons unless replaced by a party by written notice to the other party: For COUNTY: Artie Bay Accounting Supervisor 8075 Lely Cultural Parkway Suite 267 Naples, FL 34113 Artie.Bay@colliercountyfl.gov For CONTRACTOR: Camellia Falcon Senior Consultant 816 Congress Ave., Suite 1110 Austin, TX 78701 (512) 777-5468 cfalcon@pcgus.com 6. Approval of Contracted Services The Contracted Services performed by CONTRACTOR are subject to acceptance by COUNTY, which acceptance shall not be withheld unreasonably. 7. CONTRACTOR Representation CONTRACTOR represents that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any federal, Page 2 I (I I III I Collier County EATS=BOCC PUBLIC: CONSULTING — - -- cazour --- PEMT Program Cost Reporting Services state, or local governmental authority. CONTRACTOR shall immediately notify COUNTY re- garding the circumstances if this representation becomes no longer accurate during the term of this AGREEMENT. 8. Standards of Conduct CONTRACTOR shall comply with all applicable laws, rules, regulations, and standards of ethical conduct, including those relating specifically to the performance of the Contracted Services under this AGREEMENT. 9. Relationship of the Parties a. The parties agree that CONTRACTOR is an independent contractor, and that neither it nor any of its employees is an employee of COUNTY. b. CONTRACTOR shall secure and maintain all insurance, licenses, and/or permits neces- sary to perform the Contracted Services. CONTRACTOR shall pay all applicable state and federal taxes including unemployment insurance, social security taxes, and state and federal withholding taxes. CONTRACTOR understands that neither it nor its employees will be eligible for benefits or privileges provided by COUNTY to its employees. COUNTY will deliver to CONTRACTOR statements of income at the end of each tax year consistent with its independent contractor status. e. Except as may be otherwise provided in this Agreement, CONTRACTOR has complete and exclusive authority over the means and methods of performing the Contracted Ser- vices, need not adhere to policies and procedures applicable to COUNTY employees, and may perform the Contracted Services according to its own schedule at its own offices or at any other location. CONTRACTOR shall hire its own employees, use its own tools and equipment, and purchase its own supplies. d. CONTRACTOR has no authority to and shall not purport to bind, represent, or speak for COUNTY or otherwise incur any obligation on behalf of COUNTY for any purpose un- less expressly authorized by COUNTY. 10. Record Maintenance With respect to all records of any kind that PCG acquires or creates for purposes of performing the Contracted Services, PCG shall not knowingly destroy records that are required to be pre- served by law and shall maintain project records in an orderly manner. 11. Insurance CONTRACTOR shall maintain during the term of this AGREEMENT appropriate insurance as will protect both COUNTY and CONTRACTOR from claims that may arise from CONTRAC- TOR's performance of the Contracted Services. 12. Assignments and Subcontracts CONTRACTOR may neither assign nor further subcontract its obligations under this AGREE- MENT to any other entity without the prior written consent of COUNTY. OHO Page 3 Collier County EMS-BOCC PUBLIC CONSULTING - - MOLIr -- - --- PEMT Program Cost Reporting Services 13. Proprietary or Confidential Information For purposes of fulfilling its obligations under this Agreement, one party ("Disclosing Party") may convey to the other party ("Receiving Party") information that is considered proprietary and confidential to the Disclosing Party. a. "Proprietary or Confidential Information" is defined as information — including but not limited to trade secrets, strategies, financial information, sales information, pricing infor- mation, strategies, processes, policies, procedures, operational techniques, software, and intellectual property -- that (i) has not previously been published or otherwise disclosed by the Disclosing Party to the general public, (ii) has not previously been available to the Receiving Party or others without confidentiality restrictions, or (Ili) is not normally fur- nished to others without compensation, and which the Disclosing Party wishes to protect against unrestricted disclosure or competitive use. Proprietary or Confidential Infor- mation does not include information that, without a breach of this Agreement, is devel- oped independently by the Receiving Party, or that is lawfully known by the Receiving Party and received from a source that was entitled to have the information and was not bound to the Disclosing Party by any confidentiality requirement. b. The Receiving Party shall hold Proprietary or Confidential Information in strict confi- dence, in perpetuity, and shall use and disclose such information to its employees only for purposes of this Agreement and the Contracted Services. c. The Receiving Party shall not divulge any such Proprietary or Confidential Information to any employee who is not working on matters relating to this Agreement and the Con- tracted Services, without the prior written consent of the Disclosing Party. d. The Receiving Party shall use at least the same standard of care for protecting Proprietary or Confidential Information that it uses to prevent disclosure of its own proprietary or confidential information, but in no case less than reasonable care. e. Nothing in this Agreement prohibits the Receiving Party from disclosing Proprietary or Confidential Information pursuant to a lawful order of a court or government agency, but only to the extent of such order, and only if the Receiving Party gives immediate notice of such order to the Disclosing Party in order that the Disclosing Party may seek a protec- tive order or take other action to protect the information that was ordered to be disclosed. f. Rights and obligations under this Agreement shall take precedence over specific legends or statements that may be associated with Proprietary or Confidential Information when received. g. The parties agree that the Disclosing Party would suffer irreparable harm hereunder if Proprietary or Confidential Information were improperly released, conveyed, or trans- ferred by a Receiving Party, and that in such situation the Disclosing Party shall be enti- tled to, in addition of any other remedies, the entry of injunctive relief and specific per- formance. h. Confidentiality of information contained in this Agreement is subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat, Page 4 OPJ Collier County EAIS BOCC PUBLIC CONSULTING CKILIP - PEMT Program Cost Reporting Services i. Upon termination of this Agreement, each party shall cease use of Proprietary or Confi- dential Information received from the other party. At the request of the Disclosing Party, the Receiving Party shall promptly destroy all physical copies of such information in its possession, custody, or control and shall furnish the Disclosing Party with written certifi- cation of such destruction within thirty (30) days of such request. Alternatively, if the Disclosing Party fails to provide such a written request to the Receiving Party within ten (10) days of the termination of this Agreement, the Receiving Party shall return all such physical copies of such information to the Disclosing Party. If return is not practicable, the Receiving Party shall so notify the Disclosing Party and shall keep such information secure and confidential in perpetuity. 14. Intellectual Property a. Neither party makes any representation or warranty as to the accuracy or completeness of its Proprietary or Confidential Information disclosed under this Agreement. b. CONTRACTOR guarantees that its use or creation of any intellectual property under this Agreement does not infringe upon the intellectual property rights of any third party. 14. Conflicts; No Raiding Agreement a. During the term of this AGREEMENT and for one year thereafter, each party shall not, without the prior written consent, knowingly solicit or offer employment to employees of the other party. This clause is not intended to restrict any individual's right of employ- ment but rather is intended to preserve the relationship intended under this AGREE- MENT and to prevent the parties from actively recruiting the employees of the other party. b. The parties understand that CONTRACTOR is not required to perform the Contracted Services on a full-time basis for COUNTY and may perform services for other individu- als and organizations consistent with the limitations in this AGREEMENT. 15. Media Communications Except as specifically authorized by COUNTY, CONTRACTOR shall not communicate with the news media concerning COUNTY or the Contracted Services. 16. Waiver The failure of a party to enforce a provision of this AGREEMENT shall not constitute a waiver with respect to that provision or any other provision of this AGREEMENT. 17. Entire Agreement This AGREEMENT (including the attachments) constitutes the entire agreement between the par- ties with respect to the subject matter of the Contracted Services, and supersedes all prior agree- ments and understandings, both written and oral between CONTRACTOR and COUNTY. Not- withstanding the foregoing, any separate written agreement between the parties regarding the confidentiality and security of information exchanged or used by the parties for purposes of this AGREEMENT shall be effective unless and until it is specifically terminated. A` i � i � ►Ill l PUBLIC CONSUL JI ING (AOLI 18. Amendment Cocker County LJPM'-BOCC PEAIT Progrrnn Cost Reporting Services This AGREEMENT may be amended only by written agreement of the parties, signed by author- ized representatives and referencing this AGREEMENT. 19. Severability If any provision in this AGREEMENT is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions in this AGREEMENT shall continue in full force and effect. 20. Applicable Law The parties agree that this AGREEMENT is governed by the laws of the State of Florida. The parties also consent to jurisdiction in the courts of the State of Florida and agree that such courts shall have exclusive jurisdiction over the enforcement of this AGREEMENT. Further, the parties acknowledge that Collier County, Florida is a place where performance of certain terms of this AGREEMENT shall occur. Therefore, the parties agree that venue for any court action or pro- ceeding arising out or relating to this AGREEMENT shall be in the State's courts located in Col- lier County, Florida. 21. Miscellaneous a. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PCG DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE CONTRACTED SERVICES, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IM- PLIED WARRANTIES, WHETHER OF MERCHANTABILITY, SUITABILITY, FIT- NESS FOR A PARTICULAR PURPOSE, OR OTHERWISE FOR SAID CON- TRACTED SERVICES. b. NEITHER PARTY SHALL BE LIABLE TO THE OTHER ANY INCIDENTAL, INDI- RECT, SPECIAL, FUNITNE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM ANY TYPE OR MAN- NER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE OTHER PARTY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POS- SIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAM- AGES WERE FORESEEABLE. c. The parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favor of or against either party by reason of au- thorship. d. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidem- ics, pandemics, shortage of power, or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use dili- gent efforts to re -commence performance as promptly as commercially practicable. e. The captions and headings in this Agreement are for convenience only and are not in- tended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Agreement. nor the meaning of any provisions hereof. Page 6 PU[)LIC CONSULTING -- --_- GROUP ..._... 22. Collier Countp EMS=BOCC PEA1T Program Cost Reporting Services f. Each party represents that: (1) it has the authority to enter into this Agreement; and (2) that the individual signing this Agreement on its behalf is authorized to do so. Supplemental Terms and Conditions a. Indemnification is subject to the limitation set forth in Section 768.28, Fla. State b. Collier County, Florida as a political subdivision of the State of Florida is exempt from the payment of Florida sales tax to its Contractors under Chapter 212, Florida Statutes, Certificate of Exemption #85-8015966531Camel. c. Public Entity Crime: By its execution of this Agreement, CONTRACTOR acknowledges to comply with the terms of Section 287,133 of the Florida Statutes and inform COUNTY of the conviction of a public entity crime. d. Threshold: By execution of this Agreement, CONTRACTOR and COUNTY agree that services acquired under this Agreement shall not exceed Fifty Thousand Dollars ($50,000) per County fiscal year (October I" thru September 30"). This amount is not to be construed as a minimum or maximum guarantee agreement value. e. Non -Appropriation: It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners of Collier County, Florida. (SIGNATURE PAGE TO FOLLOW) i�lllfll���I runuc:CONSucnnc ca:cxu� carrier coun(v Ears Bocc PEA1T Program Cost Reporting Services IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date written above. COLLIER BY: Edward F. Coyman Jr. TITLE: Direc(t,�or of/P�rocurement Services Division DATE: PUBLIC CONSUL' INC. NAME: /`(mil /� e c� S�// ti` �iA TITLE: Al /` ( ez DATE: Collier Count y p EN7S BOCC PUBLIC CONSUL I ING caoui PEMT Progrnnt Cost Reporting Services ATTACHMENT A CONTRACTED SERVICES For Public Emergency Medical Transportation (PEMT) Program A. Collier County EMS provides countywide ambulance and medical services some of which will id. The COUNTY must comply with both U.S. Depart - qualify for the PEMT Program for Medicament of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act and as such, CONTRACTOR shall comply. 1. CONTRACTOR activities shall comply with the Standards for Privacy of Individually Identifiable Health Information, Health Insurance Reform Security Standards that is pub- lished by the HIPAA, and Gramm -Leach -Bliley Act (GLB.) 2. CONTRACTOR shall consider all data provided as confidential information. CON- TRACTOR shall not release any confidential information without prior written consent from the COUNTY. 3. CONTRACTOR shall inform the COUNTY, according to HIPAA guidelines, of any breach of confidential information. This includes unintentional data breaches such as mailing to unintended recipients. B. The COUNTY provides emergency medical h•ansports to Medicaid patients each year and the Contractor shall complete the required paperwork for the COUNTY to participate in the PEMT Program. C. This Program provides for supplemental payments for allowable costs that are in excess of other Medicaid revenue received for emergency medical transportation services to Medicaid eligible recipients. D. The CONTRACTOR shall be familiar with the PEMT Program in the State of Florida and all the rules, regulations and requirements associated with the Program. E. The CONTRACTOR shall have the knowledge, skills, and ability to fully complete the required cost reports to the Agency for Health Care Administration (AHCA) within the time frame pre- scribed by the AHCA. F. CONTRACTOR shall have knowledge of the data and cost reporting principles specified in Chapter 401, Florida Statutes. Page 9 (I III III p EAIS-BOCC i� IBLIC r uu;rwc Collier Cotnttb o i PEAIT Progrant Cost Reporti►tg Services G. CONTRACTOR shall have knowledge and experience in the completion of all ten (10) Schedules as required by the Program. H. The COUNTY will provide the CONTRACTOR with all of the required data needed to complete the Schedules; however, the CONTRACTOR is responsible for accurate completion of the Sched- ules. I. CONTRACTOR shall be able to accept from the COUNTY, in electronic submission form, all in- formation via a secure connection in accordance with the Health Insurance Portability and Ac- countability Act (HIPAA). J. If the completed cost report is rejected by the AHCA, CONTRACTOR shall work with the COUNTY to make the necessaiy corrections and/or modifications and resubmit the report before the required filing deadline. K. CONTRACTOR agrees to receive compensation for contracted Services on a contingency fee ba- sis. This compensation will be based on payments received by the COUNTY under the PEMT Program, L. If, as a result of an audit by ACHA, a refund is required by the COUNTY, the CONTRACTOR agrees to return the portion of the compensation fee that was paid on the amount being refunded. Page 10 Collier County EAIS' BOCC i�u[�i.ic' ( C Uf'ULI TING PEd1T Program Cost Reporting Services ATTACHMENT B COMPENSATION and TERM CONTRACTOR has outlined a contingency fee structure associated with incremental revenues received from the EMS CPE program as described in Attachment A. This AGREEMENT will be in effect for 1(one) state fiscal year, defined as July I" to June 30'h. The AGREEMENT will remain in effect until payments are received in full as a result of the revenue maximization efforts, regardless of the time required to obtain additional revenues. For example, if a program is authorized and in operation for state fiscal year 2018, but additional revenues are not realized until fiscal year 2019, the AGREEMENT will remain in effect for the sole purpose until funds are realized and the CONTRACTOR is paid all fees due in accordance with the fee structure described below. The term of the AGREEMENT shall remain in effect for the 2018 state fiscal year period cost report cycle so long as the initiative is in implementation and until fees have been collected in full. All revenue due COUNTY from the Florida PEMT shall be paid in full directly to COUNTY from the payer. After payment is received in full from the payer, in consideration of the professional services to be performed for PEMT under this Agreement, COUNTY shall pay CONTRACTOR for services performed as outlined in Attach- ment A, a fee of Fifteen percent (15%) based on the payments received by COUNTY under the PEMT Program. CONTRACTOR will not receive any compensation until the Medicaid FFS or Medicaid MCO incremental revenues are received by COUNTY. All incremental revenue realized by COUNTY from the supplemental payment program for EMS shall be paid in full directly from the State of Florida to COUNTY. CONTRAC- TOR will invoice and receive revenue upon the receipt of revenue received by COUNTY for either initia- tive, meaning revenue does not have to be generated for both Medicaid FFS and Medicaid MCO programs, rather revenue simply needs to be generated for either initiative to allow the CONTRACTOR to generate invoices. CONTRACTOR will invoice COUNTY based on the supplemental payments amounts within 45 days of receipt of funds by COUNTY. This AGREEMENT can be extended at the mutual consent of both parties through written notification and execution of an amendment. Page 11 DocuSign Envelope ID: 8EAD1BE5-AD85-4D24-A84F-9A8A4D525D4B FIRST AMENDMENT TO AGREEMENT 918-7482-NS FOR 8/27/2019 THIS AMENDMENT is made and entered into on this of August 2019, by and between Public Consulting Group, Inc. (' PCG" or "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): W13EREAS, on August 27, 2018, the County entered into an Agreement with Contractor to perform professional services in connection with PEMT Program Cost Reporting Services; and WHEREAS, the parties desire to amend the Agreement to remove erroneous references in Attachment B concerning the term, as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. Attachment B of the Agreement is modified as follows: CONTRACTOR has outlined a contingency fee structure associated with incremental revenues received from the EMS CPE program as described in Attachment A. TI. GRn 0 ffiE r iseal year, defined as J* '' to June 30*7 Notwithstanding the term stated in Section 2 of the AGREEMENT Fhe the AGREEMENT will remain in effect until payments are received in full as a result of the revenue maximization efforts; regardless of the time required to obtain additional revenues. For example, if a program is authorized and in operation for state fiscal year 2018, but additional revenues are not realized until fiscal year 2019, the AGREEMENT will remain in effect for the sole purpose until funds are realized and the CONTRACTOR is paid all fees due in accordance with the fee structure described below. Wwg Diva WET A Y 1 -Jwk 1orn the Florida PENIT shall be paid directly• COUNTY• 1 the payer. After payment from isconsideration of the professional to 1. performed for PEMT under th kgreement, COUNTYshall pay CONTRACTOR • performed as outlined in Attachment A, a feeI Fifteen percent ' based• 1- 1: received by COUNTYunder Program. Page i of 3 First Amendment to Agreement #18-7482-NS DocuSlgn Envelope ID: 8EAD1BE5-AD854D24A84F-9AWD525D413 2. Conflict in Terms. Except as amended and/or modified by this Amendment, the Agreement is hereby ratified and confirmed and all other terms of the Agreement shall remain in full force and effect, unaltered and unchanged by this Amendment. Whether or not specifically amended by this Amendment, all of the terms and provisions of the Agreement are hereby amended to the extent necessary to give effect to the purpose and intent of this Amendment. 3. Authorship. The Parties agree that the terms of this Amendment result from negotiations between them. This Amendment will not be construed in favor of or against either Party by reason of authorship. 4. Severability. if any provision in this Amendment is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions in this Amendment shall continue in full force and effect. 5. Waiver. The failure of a party to enforce a provision of this Amendment shall not constitute a waiver with respect to that provision or any other provision of this Amendment. 6. Counterparts, This Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. 7. Authori .Each Party to this Amendment, and each individual signing on behalf of each Party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved, and that no further approvals or consents are required to bind such Party. 8. Entire Agreement; Non -Reliance. The Agreement, as amended by this Amendment, constitutes the entire understanding and agreement of the Parties with respect to the subject matter hereof, and supersedes any and all prior agreements, understandings or representations with respect thereto. Neither Party is relying upon any agreement or representation by the other Party except as set forth in the Agreement, as amended by this Amendment. 9. Apulicable Law, Jurisdiction, and Venue. This Amendment is to be construed, interpreted, and enforced under and in accordance with the same governing law as set forth in the Agreement, without regard to choice of law provisions. The parties consent to personal jurisdiction in that state or district's courts and that venue is appropriate. Page 2 of 3 First Amendment to Agreement #18-7482-NS CAO DocuSign Envelope ID: 8EAD1BE5-AD85-4D24-A84F-9A8A4D525D4B N WITNESS WHEREOF, the parties have executed this First Amendment by an authorized person or agent on the date and year first written above. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DocuSipned by: By:t(wwaVCorlmm, ,�V, Edward F. Coyman, Jr. Director of Procurement Services Division 8/27/2019 TDate Appr ed as to Fo�tn�rtd' Legality: Deputy County Attorney CONTRACTOR: Public Consulting Group, Inc. DocuSigned by: ,�au�t,S �aCIA,OS By: ... Signature lames Dachos TFull NameT Associate Manager TTit1eT s/z7/Zo19 TDate SignedT Page 3 of 3 First Amendment to Agreement #18-7482-NS Collier County Instructions Waiver Request Form Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.) must be submitted to the division’s Procurement Strategist for any procurement, without competition, in excess of $3,000. Waiver requests greater than $50,000 will require approval by the Board of County Commissioners. Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based on having only one supplier in the market place, proprietary technology, copyright, patent, or a supplier’s unique capability. Single source refers to a procurement directed to one source because of standardization, warranty, geographic territory, or other factors, even though other competitive sources may be available. Requester Name: Division: Item/Service: Vendor Name: Historical Countywide Spend: ______________________ Requested date range: _____________ Not to Exceed per Fiscal Year: _______________ Is there an agreement associated with this waiver to be reviewed by Contracts? † Yes † No †Sole Source †Single Source †One Time Purchase †Multiple Purchases Description of Purchase: Enter a description of the item(s) that will be purchased under this waiver. Purpose: Describe in detail, the public purpose of the requested item(s) and why it is essential to County operations. Information Technology: Select Yes if the products/services are related to Information Technology. If yes, please provide the Purchasing Compliance Code (PCC) number or email approval documentation. †Yes †No If yes, provide the PCC number:__________________________________________________ Alice Faye Franklin EMS Consulting services for PEMT Public Consulting Group 66,124.70 07/16/2020-09/30/2021 $100,000.00 Consulting services, annual cost reporting and auditing for the Medicaid Reimbursement Program (PEMT) Collier County EMS is enrolled in. Currently, Medicaid payment rates for ambulance services do not recognize the actual cost of providing services. Reimbursement is much less than the actual cost to EMS providers. The Florida Agency for Health Care Administration (AHCA) has a Certified Public Expenditure Program for Medicaid fee-for-service claims providing additional federal funding to EMS providers that serve Medicaid-eligible recipients. Participation in the PEMT CPE requires submission of an annual cost report to the Agency for Health Care Administration (AHCA). The consulting service will assist in the cost reporting and provide audit support. It is essential to County Operations to help offset the fees not received for services. ✔ ✔ ✔ Justification: Identify the criteria that qualifies this purchase as a sole or single source. Select from the list below. Check all that apply (if box is checked, please make sure to provide an explanation below): †Sole Source †Only Authorized Vendor or Distributor: Is this vendor the only vendor authorized to sell this product/service? If yes, explain below and provide documentation from the manufacturer confirming claims made by the distributors. †No Comparable Product or Service: Is there another vendor who can provide a similar product/service, regardless of cost, convenience, timeliness, etc.? †Product Compatibility: Does this product/service provide compatibility with existing equipment that prohibits switching to another comparable brand/vendor? If yes, provide the detailed explanation below, including what would occur if the other brand/vendor were used. †Proprietary: Is this product/service proprietary? If yes, provide a detailed explanation below on how its use is restricted by patent, copyright or other applicable laws and provide documentation validating that claim. †Single Source †Standardization: Is this product/service part of a purchase that the County has already standardized on? If yes, please provide the detailed information below. Date of BCC Standardization: ___________________ BCC Agenda Item number: __________________ †Warranty: Is this the only vendor able to complete factory-authorized warranty services on County owned equipment? If yes, provide the documentation verifying the warranty. †Geographic Territory: Is this vendor the only vendor authorized to sell this product/service in our region? If yes, provide documentation from the manufacturer confirming those claims. †Other Factors: Any other reason not listed above, explain below. Explain: How does this purchase meet the identified sole or single source criteria listed above? This firm has provided this service for the past two years. Other than financials, they already have all of the other supporting data for submission to AHCA. Also, because they have provided this service in the past, they will offer full audit support for the submissions. ✔ ✔ How was the decision made to use this vendor? Describe in detail if a formal standardization process was performed via Procurement or if there is a historical precedence established for the use of the product, please explain purchase and use history and the current level of County investment in the product. Explain why it is in the County’s best interest to use this product/service rather than issuing a competitive solicitation: What are the benefits from the continued use? Are there costs that would be incurred if a different vendor/product was used? What would occur if another brand/vendor was used? Explain how this pricing compares to other vendors/products and is it considered to be fair and reasonable: Provide information on historical use and whether pricing has increased/decreased. If sole source and no other product is available, provide the cost for addressing the needs via an alternate approach. Will this purchase obligate the County to future ancillary products or services? Either in terms of maintenance or standardization. †Yes †No If yes, explain what types: This service was previously approved by the BCC on November 16, 2016 as a contract amendment with EMS’s prior billing company and on August 27, 2018, Public Consulting Group, Inc., signed an agreement with Collier County EMS to provide services directly to Collier County EMS rather than going through a third party. This firm offers a full range of Medicaid cost consulting services that includes data analytics, policy support, full audit support, and on-line portal access. These added service capabilities combined with PCG's vast nationwide experience are what led them to partner with other agencies in FL several years ago. Since they have already performed this service for Collier County EMS for the past years and have built a working relationship with Collier County EMS, it is important to retain them for the full audit support should it be necessary through AHCA. There is an agreement already in place with this vendor and a set percentage of 15% for contingency fees, which is based on each years reports submitted. This fee is not set to change throughout the contract. Pricing for this service has not increased as it is a set percentage per the agreement of 15% for the entire length of the contract. The cost to Collier County EMS fluctuates each year based on the number of transports reported. Collier County EMS has been using this vendors services since 2018 and based on going through a third party vendor as EMS did in years prior, this seems to be the most fair and reasonable solution to help offset the revenue deficit. ✔ Market research and market alternatives: When was the last time a market evaluation was performed to determine if either the technology or vendor offerings have changed? Based on the life expectancy of the product, when do you anticipate evaluating the market again? Please attach a detailed market evaluation report should the complexity, duration, and dollar amount of the purchase be a high risk to the County. It is a felony to knowingly and intentionally circumvent a competitive process for commodities or services by fraudulently specifying sole source to obtain a benefit for any person or to cause unlawful harm to another. Florida Statute 838.22(2). Requested by: Signature: Date: Division Director: Signature: Date: Department Head: Required if over $50,000 Signature: Date: Procurement Strategist: Signature: Date: Procurement Director: Or designee Signature: Date: For Procurement Use Only:  †Approved †Requesting Additional Information †Requires RFI/Intent to Sole Source †Rejected Procurement Comments: †Current FY Approval †Multi-Year Approval Start Date: ______________ End Date: __________ The last time a market research was done was in 2018, prior to EMS signing into an agreement with PCG. Neither of the EMS billing companies were aware of any other firm that offered a full range of Medicaid cost consulting services such as the ones PCG provides. Another market analysis will be completed prior to the expiration of the current agreement in fiscal year 2021. Alice Faye Franklin Tabatha Butcher Len Price Sara Schneeberger Catherine Bigelow Replaces FY18 Waiver #399 08/11/2020 08/26/2021 FranklinAlice Digitally signed by FranklinAlice Date: 2020.07.16 11:47:39 -04'00' ButcherTabatha Digitally signed by ButcherTabatha Date: 2020.07.17 11:35:48 -04'00' PriceLen Digitally signed by PriceLen Date: 2020.07.22 15:23:32 -04'00' SchneebergerS ara Digitally signed by SchneebergerSara Date: 2020.07.22 16:03:45 -04'00' Cat Bigelow Digitally signed by Cat Bigelow DN: cn=Cat Bigelow, o=Collier County Government, ou=Procurement Services, email=catherinebigelow@colliergov.net, c=US Date: 2020.07.22 16:13:10 -04'00' ✔ ✔