Backup Documents 09/22/2020 Item #16D 9 (Collier Health Services) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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.
**NEW** ROUTING SLIP C j t '
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document 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 Addressee(s) (List in routing order) Office Initials Date
1. Maggie Lopez Community and Human ML 10/8/20
Services
2. County Attorney Office— County Attorney Office ( $out 12.02C,
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3. BCC Office Board of County
:
Commissioners J kD
`
4. Minutes and Records Clerk of Court's Office (c_ IVI QtJ I �y- a k1)f'
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 Maggie Lopez/CHS Phone Number 239-252-4274
Contact/ Department Manager-Financial&Operational Support
Agenda Date Item was Agenda Item Number 16.D.9
Approved by the BCC 9/22/20
Type of Document AGREEMENT Number of Original 6
Attached Documents Attached
PO number or account 001.155930.649030
number if document is
to be recorded
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 signat TAMP OK ML
2. Does the document need to be sent to another agency for a 'tiona atures? If yes,
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 ML
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 N/A(Insert
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A unless
changes
made after
publication)
5. The Chairman's signature line date has been entered as the date of BCC approval of the ML
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 ML
signature and initials are required. _
7. In most cases(some contracts are an exception),the original document and this routing slip N/A(insert N/A
should be provided to the County Attorney Office at the time the item is input into SIRE. unless an
Some documents are time sensitive and require forwarding to Tallahassee within a certain ordinance)
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during ML N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. 's line.
9. Initials of attorney verifying that the attached document is the version approved by the cfrj3N/ is not
BCC, all changes directed by the BCC have been made,and the document is ready for the an ption for
Chairman's signature. th' line.
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INSTR 5941925 OR 5833 PG 2016
RECORDED 1012112020 4 24 PM PAGES 6
CLERK O F THE CI F UIIT R COURT AND COMPTROLLER
COLLIE
REC$52.50
AGREEMENT
This AGREEMENT is made and entered into on the pL'1f'"day of Skt:51crnll, 2020 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.. d/b/a Healthcare Network of
Southwest Florida, 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 the Center to become a community health partner to assist
in providing payments for health prevention programs, and mental health services to residents of
the County.
WHEREAS. The Center 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 Center shall provide documentation and monthly reports to the County related to
payment for the delivery of hospital services. designated primary health care services.
specialty health care services and other health care services.
2. The Center and/or its sub-contractor shall provide timely responses to contract
requirements. Responses to inquiries from the Public Services Division or designee
regarding any aspect of payment of services being provided shall be as indicated below.
a. Emergency room, secondary and tertiary care for those patients determined eligible
by the County Human Services Department.
b. 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.
3. Nothing in this contract shall be construed to limit access for a patient to any service
provided by a Health Services provider that is medically necessary and approved by the
County.
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ARTICLE II
PAYMENTS
The County shall make intergovernmental transfers, on behalf of Collier Health Services in
connection with the LIP program to the State of Florida, hereinafter referred to as"State", in
accordance with the Letter of Agreement between the County and the Agency for Health Care
Administration.
1. The County will remit to the State an amount not to exceed a grand total of$584.907.00.
The County will transfer payments to the State in the following manner:
a. The payments for the months July 2020 - June 2021 are due by October 31, 2020,
to the State.
2. The following document is hereby incorporated by reference as Attachment A to this
Agreement.
a. Low Income Pool Agreement (LIP)with State of Florida AHCA reflecting the
anticipated annual distributions for State Fiscal Year 2020-2021 (Attachment A).
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.
2. Prompt payment of invoices as presented to the Center should be made within 30
business days of receipt from the County.
3. Copies of all checks issued are to be sent to the County for record keeping.
ARTICLE IV
TERMS OF AGREEMENT AND TERMINATION
1. The term of this Agreement shall be October 1, 2020 through September 30, 2021 with
no renewal, or to the date upon which all funds under the agreement are disbursed by
the Center, in accordance with Article VIII.
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.
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,
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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.
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 VII
INSURANCE. SAFETY AND INDEMNIFICATION
1. Indemnity. To the maximum extent permitted by Florida law. the Center 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 Center'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.
Center 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.
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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 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 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 VIII
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 will provide copies of checks for payments as they are remitted. The Center shall
also provide quarterly reports showing invoices paid and pending payments.
The Center shall make payments on a voluntary basis in the amount of S747.021.00 to
specific healthcare programs and services 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 receipt of County approved invoices. Payments shall be made in accordance with
this Agreement irrespective of whether the Center has received funds from AHCA.
If the amount invoiced to the Center does not result in the amount of$747,021.00. the
Center will hold the funds for the County for the difference and voluntarily make those
payments to providers elected by the County until all funds are exhausted.
County and Center acknowledge that this section does not require the use of Low-Income Pool
funding for any voluntary payment that would be out of compliance with the requirements for the
use of Low-Income Pool funding. The voluntary payments contemplated under this section that
are not for services that qualify for Low Income Pool funding use are to the paid from separate
funds.
ARTICLE IX
RECORDS
1. 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
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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 VII 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.
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.
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),
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel. Clerk COLLIER COUNTY, FLORIDA
By:
By:
Burt L. Saunders, CHAIRMAN
Attest as to Cii ►iI
signature only.
Attest as to Chairman's signature only.
COLLIER HEALTH SERVICES. INC.
d/b/a HEALTHCARE NETWORK OF
SOUTHWEST FLORIDA
Approved as to form and legality: Bye,,,
R.F.M�w PsZw.
L, �? Title: S.iNk (CFI
Jennifer A. Belpedio / V.
Assistant County Attorney U� \,�\ Date: _ Jayr ._...__...
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