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Home My WebLink About2013-188 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE INDIAN RIVER COUNTY HOSPITAL DISTRICT a FOR PAYMENT BY THE INDIAN RIVER COUNTY HOSPITAL DISTRICT OF MEDICAID EXPENSES L o U) � C 00 Q THIS INTERLOCAL AGREEMENT (the "Agreement") , made and entered into this w cr LL Ln 17th day of September , 2013 , between Indian River County, Florida, a political o subdivision of the State of Florida (the "County") and Indian River County Hospital District, a m w LL o, Special Independent Hospital District of the State of Florida, County of Indian River (the CL v z QW M "District") , provides for the District to pay the portion of Medicaid costs attributable to the = m o r District, allocated to the County by the State of Florida, based upon the recent Medicaid N Z N reimbursement data. r — WC7 No > a 0o } ( � WITNESSETH : CnLwWZ LL 04 U Ow z Y WHEREAS , the District reimburses the County for those specific Medicaid charges from m the Agency for Health Care Administration (the "Agency") that are attributable to the District; and WHEREAS, in 2013 , the Florida Legislature replaced the existing county- state Medicaid cost sharing relationship with a fixed formula-based approach ; and WHEREAS, the total base amount determined for all counties for the State ' s FY 2013 - 14 is $ 269 . 6M ; and WHEREAS, for the State ' s FY 201344 , the County portion of the total county contribution determined by the Department of Revenue is $ 1 , 071 ,296 ; and WHEREAS, for the State ' s future fiscal years (July 04une 301h) , the Department of Revenue will notify each county of its annual contribution by June 1 of each year; and WHEREAS , based upon the past three years of data, the District has reimbursed the County approximately 27 . 8% of the total Medicaid expenses paid by the County to AHCA ; and WHEREAS, now that the Florida Legislature replaced the existing county- state Medicaid cost sharing relationship with the fixed formula-based approach, the County and the District wish to memorialize the percentage amount owed by the District to the County, NOW, THEREFORE , in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties , the County and District agree as follows : SECTION 1 . RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. F. 1AttoraeylLindalGemralVwert"al AgreememjWospitaiDieMet (Me&caid).dx Page 1 of 5 August 30, 2013 SECTION 2 . TERM. The initial term of this Agreement shall be five (5 ) years , commencing on October 1 , 2013 , and terminating on September 30 , 2018 . This Agreement shall automatically renew annually for one -year terms, unless either party provides written notice, in accordance with Section 5 , of non-renewal at least ninety (90) days prior to expiration of the term . SECTION 3 . DUTIES AND RESPONSIBILITIES OF THE DISTRICT AND COUNTY (a) On or before October 7 , 2013 , the District shall wire transfer to the County an initial payment of $ 99 ,273 .40 for the months of July, August, September and October, 2013 . (b) After the initial payment set forth in subsection 3 (a), by the fifth (5th) working day of each month, the District shall wire transfer to the County one-twelfth of the annual amount of the County portion of the State Medicaid payment, as determined by the County using the amount attributable to the County as provided by the Department of Revenue, multiplied by 27 . 8 % . (c) Within fifteen ( 15 ) days of receiving the County portion of the State Medicaid payment from the Department of Revenue, County shall provide the District with the total annual and monthly amount of the County portion of the State Medicaid payment that is attributable to the District. (d) The new monthly amount of the County portion of the State Medicaid payment described in subsection 3 (c), shall commence annually on the 5th working day of July. SECTION 4 . DURATION, TERMINATION, AND MODIFICATION. (a) This Agreement will remain in full force and effect unless terminated by the parties pursuant to the procedure set forth in subsection 3 (b) ; (b) This Agreement may be terminated by the County or District upon ninety (90) days notice to the other party; however, termination of this Agreement does not relieve the obligation of the District to pay its portion of Medicaid expenses under Florida Statute ; and (c) This Agreement may be modified at any time by the mutual consent of the parties and in the same manner as its original adoption. SECTION 5 . NOTICE. (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows : District : Indian River County Hospital District Executive Director 3730 Seventh Terrace, Suite 204-13 Vero Beach, Florida 32960 l 7 F:IArrorrxyVbdalGemralUkertocalAgmemewRospirai Disrrict Wedicaid).doc Page 2 of August 30, 2013 County: County Administrator 180127 1h Street Vero Beach, Florida 32960-3365 The parties will consider notice to be properly given if ( 1 ) personally delivered ; (2) sent by certified U . S . Mail , return receipt requested ; or (3 ) sent by an overnight letter delivery company ; and (b) The parties will consider the effective date of notice to be the date personally delivered ; or, if sent by U . S . Mail, the date of postmark ; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice . SECTION 6 . INDEMNIFICATION, HOLD HARMLESS To the extent permitted by law and subject to the limitations of Section 768 .28 , Florida Statutes and any subsequent revisions thereto, each party agrees to indemnify, defend and hold harmless the other party and respective elected officials , officers, and employees against any claim, action, loss, damage, injury, liability, cost or expense, including , but not by way of limitation, reasonable attorneys ' fees and court costs, arising out of injury to persons, including but not limited to death, or damage to property, caused by the negligence of the indemnifying party in connection with this Agreement. This Agreement does not provide third parties with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege . SECTION 7. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections . All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural , as the identity of the party or parties may require . The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. SECTION 8. MERGER, MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence , conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. F:IAttorwyDndalGewralla rfatal AgreemewsWoipiial DisMct (Medhcaid)Am Page 3 of 5 August 30, 2013 SECTION 9 . COUNTERPARTS. This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. SECTION 10. GOVERNING LAW, VENUE . This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION 11 . CONFLICT. To the extent of any conflict between this Agreement and any existing County or District agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal any existing County ordinance . SECTION 12 . SEVERABILITY. If any section, subsection, sentence, clause , phrase or portion of this Agreement is , for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause , phrase, or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement. SECTION 13. EFFECTIVE DATE . This Agreement will become effective upon its filing with the Clerk of the Circuit Court of Indian River County, Florida, as required by Section 163 . 01 ( l 1 ) , Florida Statutes . APPROVED this 17th day of September , 2013 . ATTEST : Jeffrey R. Smith, Clerk of "• n "� "" BOARD OF COUNTY COMMISSIONERS, Court and Comptroller ^" " INDIAN RIVER COUNTY ("County ) J��ycpMMISs10��9� '' sU : to ' �. Depu ' G` lerk ph E . Flescher, Chairman Approved : , ADI9 • ��Approved as to form and legal sufficiency. af Yseph A . aird, Couniy Administrator Dylan Reingold, County Attorney F:LlttornrylLirdolGenerdVkeri"al AgnementsWospitd Dist iet (Medcaid).doc Page 4 of 5 August 30, 2013 APPROVED - this ' day of , 2013 . INDIAN RIVER COUNTY HOSPITAL DISTRICT, a Special Independent Hospital ATTEST: District of the State of Florida, County of Indian River Sign: By: ichae eiss, Secre Thomas Sp ckman, M.D. Chairman of the Board of Trustees Approved as to form and legal sufficiency. J)", d ) A04?e Je fer Peshke ospital District Attorney F.,Uor=yWnk*pxrdVm rfidAg "ee W pl&DUMn (MeAca*dz Page 5 of 5 August 30, 2013