Agenda 01/27/2015 Item #16D 7 1/27/2015 16.D.7.
EXECUTIVE SUMMARY
Recommendation to approve an agreement with the Physician Led Access Network to provide
medical referral services for low-income residents in Collier County.
OBJECTIVE: To promote availability and access to healthcare for low-income residents of Collier
County.
CONSIDERATIONS: In 2003, the Board directed staff to develop and enter into an agreement
with the Physician Led Access Network (PLAN). The intent of the PLAN agreement was to help
fund medical referral services to low-income residents who lack medical insurance in Collier County.
PLAN is a local community-based referral network that coordinates volunteer medical care for
eligible adults. Led by physicians, it is a community partnership that brings together physicians,
community clinics, hospitals, diagnostic and laboratory facilities, and other healthcare providers
through an integrated delivery system of care.
The PLAN referral service is available to any Collier County low income resident who may not be
able to afford a health care procedure. A resident may be referred by a current volunteer of PLAN,
a specialty healthcare member of PLAN or one of the community clinics or hospitals. If accepted
into the PLAN program,the resident may receive medical care treatment at no cost.
The previous agreement expired on December 31, 2014 and all renewal options have been exhausted.
The term of the new agreement with PLAN is January 1, 2015 to December 31, 2015, and the
cost for the existence and delivery of the PLAN service contract is $12,500 per quarter(total annual
cost: $50,000). County staff will continue to collect performance metrics to quantify the impact of the
PLAN program within the community. Plan must provide a minimum of 500 services per quarter.
In order to provide continuity and support, PLAN continued to provide services to low income
families during the transition period (January 1 through Board approval) and staff asks the Board
to approve a contract commencement date of January 1, 2015.
Staff conducted a search for a no-cost medical care referral service organization in Collier County and
PLAN was the only service found; Healthcare Network of Southwest Florida was identified in the
search, however they do not offer the same comprehensive services as PLAN. Staff recommends that
the Board determine that it is in the best interest of the County (Purchasing Ordinance 9 B 4) and to
waive competition to award this contract.
GROWTHMANAGEMENT: There is no growth management impact from this recommendation.
FISCAL IMPACT: Funds in the amount of$50,000 are budgeted for FY15 in Community and
Human Services Client Assistance cost center within the General Fund(001).
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. -ERP
RECOMMENDATIONS: That the Board of County Commissioners waives the competitive
requirements set forth under the County's purchasing ordinance approves and authorizes the
Chairman to sign the agreement with PLAN effective January 1, 2015.
Prepared by: Leslie Hayes,Grant Coordinator,Community and Human Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.7.
Item Summary: Recommendation to approve an agreement with the Physician Led
Access Network to provide medical referral services for low-income residents in Collier County.
Meeting Date: 1/27/2015
Prepared By
Name: HayesLeslie
Title:VALUE MISSING
1/8/2015 4:01:56 PM
Submitted by
Title:VALUE MISSING
Name: HayesLeslie
1/8/2015 4:01:57 PM
Approved By
Name: TownsendAmanda
Title:Director-Operations Support,Public Services Division
Date: 1/12/2015 11:28:50 AM
Name: GrantKimberley
Title: Director-Community and Human Services, Community&Human Services
Date: 1/12/2015 4:04:44 PM
Name: Bendisa Marku
Title: Supervisor-Accounting,Community &Human Services
Date: 1/12/2015 4:18:30 PM
Name: SonntagKristi
Title:Manager-Federal/State Grants Operation,Community&Human Services
Date: 1/12/2015 4:37:39 PM
Name: MarkiewiczJoanne
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Title: Director-Purchasing/General Services,Purchasing&General Services
Date: 1/13/2015 10:09:55 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 1/13/2015 11:46:19 AM
Name: JohnsonScott
Title: Manager-Procurement,Purchasing&General Services
Date: 1/14/2015 9:03:35 AM
Name: HerreraSandra
Title:Manager-Procurement,Purchasing&General Services
Date: 1/15/2015 9:15:55 AM
Name: DendroulakisEwelina
Title: Procurement Specialist,Purchasing&General Services
Date: 1/15/2015 12:07:22 PM
Name: CarnellSteve
Title: Administrator-Public Services,Public Services Division
Date: 1/16/2015 7:41:45 AM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 1/16/2015 4:09:42 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 1/20/2015 8:56:30 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/20/2015 9:03:57 AM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 1/20/2015 10:31:35 AM
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AGREEMENT14-6358
for
Physician Led Access Network (PLAN)
THIS AGREEMENT, made and entered into on this day of 2015, by and
between Physician Led Access Network of Collier County, Inc. (PLAN), authorized to do
business in the State of Florida, whose business address is 501 Goodlette Road North Suite B-
300, Naples, FL 34102, hereinafter called the "Provider" or "PLAN" and Collier County, a
political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. COMMENCEMENT. The Provider shall commence the work on the date of January 1,
2015, provided a Purchase Order has been issued.
2. CONTRACT TERM. The contract shall be nine (9) months commencing on January 1,
2015, and terminating on September 30, 2015. The County may, at its discretion and with
the consent of the Provider, renew the Agreement under all of the terms and conditions
contained in this Agreement for two (2) additional twelve (12) month periods
commencing October 1 and ending September 30. The County shall give the Provider
written notice of the County's intention to renew the Agreement term not less than ten
(10) days prior to the end of the Agreement term then in effect.
The County Manager,or his designee, may, at his discretion, extend the Agreement under
all of the terms and conditions contained in this Agreement for up to ninety (90) days.
The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the
end of the Agreement term then in effect.
3. STATEMENT OF WORK. The Provider shall assist income eligible residents of Collier
County with access to medical services provided by medical providers in PLAN's
network. The network providers will accept PLAN approved eligible persons and
provide no fewer than five hundred (500) services per quarter. Services are defined as
each encounter with each patient to include but not limited to referral, enrollment, clinical
and routine service,etc.
Intakes will be completed and verified by the Patient Coordinator of PLAN who will
obtain all necessary household documentation and determine eligibility for this program
in accordance with PLAN's policy. PLAN will track performance measures and report
them quarterly to Community and Human Services as part of the invoice process. All
documentation supporting the performance measures will be stored and made
presentable to Community and Human Services upon request for monitoring of this
contract.
This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Provider and the County Project Manager or Contract Manager or his designee, in
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compliance with the County Purchasing Ordinance and Purchasing Procedures in effect
at the time such services are authorized.
Provider's failure to perform any term or condition of this Agreement as a result of
conditions beyond its control such as, but not limited to, war, strikes or lock-outs, fires,
floods, epidemics, quarantine regulations, acts of nature, acts of government or of the
County, shall not be deemed a breach of this Agreement.
4. COMPENSATION. The County shall pay the Provider for the performance of this
Agreement and the total amount of fifty-thousand dollars and 00/100 ($50,000), based on
the submission of the required quarterly report, attached hereto as Attachment A.
Quarterly payments of twelve thousand five hundred dollars and 00/100 ($12,500) will be
made upon receipt of a proper quarterly invoice and in compliance with Section 218.70
Florida Statues, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and/or reduce an appropriate amount of
any payments for work not performed or for unsatisfactory performance of Contractual
requirements.
The Provider shall submit quarterly progress reports to the Community and Human
Services Department on the 30th day of the month following the reporting quarter. The
progress report format is outlined in Attachment A and the reporting schedule is cited
below.
Quarter Service Dates Report Due
1st Quarter January 1 - March 31 April 30th
2nd Quarter April 1 -June 30 July 30th
3rd Quarter July 1 -September 30 October 30th
4th Quarter October 1 - December 31 January 30th
5. SALES TAX. Provider shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State of
Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212,
Florida Statutes,Certificate of Exemption#85-8015966531C-2.
6. NOTICES. All notices from the County to the Provider shall be deemed duly served if
mailed or faxed to the Provider at the following Address:
Physician Led Access Network of Collier County, Inc. (PLAN)
501 Goodlette Road North Suite B-300
Naples,FL 34102
Dr. Bill Kuzbyt,Chair
Phone: (239) 776-3016
Fax: (239) 435-1297
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All Notices from the Provider to the County shall be deemed duly served if mailed or
faxed to the County to:
Community and Human Services Department
3339 Tamiami Trail East,Suite 211
Naples, FL 34112-5361
Attention: Leslie Hayes,Grants Coordinator
Phone: (239) 252-2903
The Provider and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Provider or to constitute the Provider as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Provider. The County
will not be obligated to pay for any permits obtained by Subproviders/Subconsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Provider. The Provider shall also be solely responsible for
payment of any and all taxes levied on the Provider. In addition, the Provider shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Provider agrees to comply with
all laws governing the responsibility of an employer with respect to persons employed by
the Provider.
9. NO IMPROPER USE. The Provider will not use, nor suffer or permit any person to use in
any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Provider or if
the County or its authorized representative shall deem any conduct on the part of the
Provider to be objectionable or improper, the County shall have the right to suspend the
contract of the Provider. Should the Provider fail to correct any such violation, conduct,
or practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Provider further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
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10. TERMINATION. Should the Provider be found to have failed to perform the services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
In the event that the County,terminates this Agreement, Provider's recovery against the
County shall be limited to that portion of the Contract Amount earned through the date
of termination. The Provider shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on
portions of the services not performed.
11. NO DISCRIMINATION. The Provider agrees that there shall be no discrimination as to
race, sex, color,creed or national origin.
12. INSURANCE.The Provider shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of$1,000,000 Per
Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Providers;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits
in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of$500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General
Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Provider during the duration of this Agreement. The Provider shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed
to expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Provider shall also notify County, in a like manner, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Provider of this requirement to provide notice.
Provider shall ensure that all Subproviders/Subconsultants comply with the same
insurance requirements that he is required to meet.
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13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Provider
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Provider, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Provider or
anyone employed or utilized by the Provider in the performance of 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.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Provider, County and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Provider. Provider's obligation to indemnify and defend under this Article 13
will survive the expiration or earlier termination of this Agreement until it is determined
by final judgment that an action against the County or an indemnified party for the
matter indemnified hereunder is fully and finally barred by the applicable statute of
limitations.
14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Community and Human Services Department.
15. CONFLICT OF INTEREST. Provider represents that it presently has no interest and shall
acquire no interest, either direct or indirect,which would conflict in any manner with the
performance of services required hereunder. Provider further represents that no persons
having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Insurance Certificate(s), and Attachment A: Performance Measures Calendar
Year.
17. SUBJECT TO 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.
18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
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Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee
of the firm from contact with County staff for a specified period of time; b. Prohibition by
the individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
19. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Provider is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida
Public Records Law Chapter 119 (including specifically those contractual requirements at
F.S. § 119.0701(2)(a)-(d) and (3))). If Provider observes that the Contract Documents are at
variance therewith, it shall promptly notify the County in writing. Failure by the Provider
to comply with the laws referenced herein shall constitute a breach of this agreement and
the County shall have the discretion to unilaterally terminate this agreement
immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this Agreement to other governmental entities at the discretion of the
successful proposer.
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Provider with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by
representatives of Provider with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached at mediation to
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County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
24. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Agreement shall take precedence over
the terms of all other Contract Documents.
26. ASSIGNMENT. Provider shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Provider does, with approval, assign this Agreement or any part thereof, it shall require
that its assignee be bound to it and to assume toward Provider all of the obligations and
responsibilities that Provider has assumed toward the County.
27. RECORDS AND DOCUMENTATION. The Provider shall maintain sufficient records to
determine compliance with the requirements of this Agreement, and all other applicable
laws and regulations. This documentation shall include, but not be limited to, the
following:
A. All records required by County regulations.
B. Provider shall keep and maintain public records that ordinarily and necessarily
would be required by County in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records and
other data procedures developed, prepared, assembled, or completed by the
Provider for the purpose of this Agreement shall be made available to the
County by the Provider at any time upon request by the County or Community
and Human Services Department. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles (GAAP),
procedures and practices, which sufficiently and properly reflect all revenues
and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income. These records shall be
maintained to the extent of such detail as will properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other
costs and expenses of whatever nature for which reimbursement is claimed
under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to
Community and Human Services Department if requested. In any event the
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Provider shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for three (3) years with the
following exception: if any litigation, claim or audit is started before the
expiration date of the three (3) year period, the records will be maintained until
all litigation, claim or audit findings involving these records are resolved. The
County shall be informed in writing if an agency ceases to exist after closeout of
this Agreement of the address where the records are to be kept. Meet all
requirements for retaining public records and transfer, at no cost, to County all
public records in possession of the Provider upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the County in a format that is compatible
with the information technology systems of the public agency.
E. The Provider will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are
eligible under Income Guidelines. The Provider agrees that Community and
Human Services Department shall be the final arbiter on the Provider's
compliance.
F. Provider shall provide the public with access to public records on the same
terms and conditions that the public agency would provide the records and at a
cost that does not exceed the cost provided in this chapter or as otherwise
provided by law. Provider shall ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law.
28. MONITORING. During the term, Provider shall submit an annual audit report and
monitoring report to the County no later than one hundred eighty (180) days after the
Provider's fiscal year end. The County will conduct an annual financial and
programmatic review.
The Provider agrees that Community and Human Services Department will carry out no less
than one (1) annual on-site monitoring visit and evaluation activities as determined
necessary. At the County's discretion, a desk top review of the activities may be
conducted in lieu of an on-site visit. The continuation of this Agreement is dependent
upon satisfactory evaluations. The Provider shall, upon the request of Community and
Human Services Department, submit information and status reports required by
Community and Human Services Department to enable Community and Human Services
Department to evaluate said progress and to allow for completion of reports required.
The Provider shall allow Community and Human Services Department to monitor the
Provider on site. Such site visits may be scheduled or unscheduled as determined by
Community and Human Services Department.
The County will monitor the performance of the Provider based on performance standards
as stated with all other applicable federal, state and local laws, regulations, and policies
governing the funds provided under this contract. Substandard performance as
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determined by the County will constitute noncompliance with this Agreement. If
corrective action is not taken by the Provider within a reasonable period of time after
being notified by the County, contract suspension or termination procedures will be
initiated. Provider agrees to provide the County's internal auditor(s) access to all records
related to performance measures under this agreement.
29. CORRECTIVE ACTIONS. Corrective action plans may be required for noncompliance,
nonperformance, or unacceptable performance under this contract. Penalties may be
imposed for failures to implement or to make acceptable progress on such corrective
action plans.
(signature page to follow)
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C;)*
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IN WITNESS WHEREOF, the Provider and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
,Chairperson
Dated:
(Seal)
Provider:
Physician Led Access Network of
Collier County, Inc.
Provider's First Witness:
By:
Signature Signature
TType/print witness name?'
Provider's Second Witness:
Signature Type/print signature and title
TType/print witness nameT
Approved as to form and legality:
Assistant County Attorney
Print Name
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Attachment A
Physician Led Access Network of Collier County, Inc.
(PLAN)
Performance Measures Calendar Year(insert correct year)
Performance 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Cumulative
Measures Jan 1-Apr 30 May 1 —June 30 July 1 —Sep 30 Oct 1 —Dec 31 Total
Number of patient
Services:
Value of donated
services:
Number of new
medical providers
enrolled in
program:
Signature & Date:
*Services are defined as all encounters with each patient to include but not limited to Referral
date, Enrolment date, Clinical service date, etc. Services do not include phone calls, and other
routine customer service.
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