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Special Assessment Agreement and Release of Liability <br />This Special Assessment Agreement and Waiver (this "Agreement") is entered into as of the <br />day of September 2021 (the "Effective Date") by and among INDIAN RIVER COUNTY ("the <br />County") and Cleveland Clinic Indian River Hospital, a Florida, not-for-profit corporation, <br />including its successors and/or assigns (the "Hospital"). <br />Recitals: <br />WHEREAS, on September 14, 2021, the Board of County Commissioners (the "Board") <br />may enact Ordinance 2021- i2- , (the "Assessment Ordinance") at the <br />request of the privately -owned hospitals (collectively, the "hospitals") that are located in Indian River <br />County (the "County"); and, <br />WHEREAS, the Assessment Ordinance, if passed, will authorize the Board to annually levy <br />assessments on properties owned or used by the hospitals; and, <br />WHEREAS, the Assessment Ordinance will create the Local Provider Participation Fund, a <br />special revenue fund in which the County shall account for the collected assessments; and, <br />WHEREAS, pursuant to the Assessment Ordinance, the sole purposes for which the Board <br />may utilize the money so collected and accounted for in the Local Provider Participation Fund are to <br />fund participation in Florida's Medicaid supplemental payment programs by makingintergovernmental <br />transfers to the Agency for Health Care Administration ("AHCA") and to fund payment of <br />administrative costs as defined in the Assessment Ordinance; and, <br />WHEREAS, AHCA will apply the intergovernmental transfers that it receives from the <br />County towards the non-federal share of a Medicaid supplement payment program; and, <br />WHEREAS, as a result of the County's payments of the intergovernmental transfers, the <br />State of Florida, through State Medicaid Managed Care organizations or other means, will reimburse <br />the hospitals at a higher rate for the services that they provide to Medicaid -managed care enrollees. <br />NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, <br />covenants, and agreements made by each to the other, do hereby agree as follows: <br />1. Incorporation of Recitals. <br />The foregoing Recitals are incorporated into this Agreement by reference, including the <br />definitions set forth therein. <br />2. Consent, Waiver, and Term. <br />2.1 Consent. <br />