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Item T2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2003 Division: County Administrator Bulk Item: Yes .lL No _ Department: County Administrator AGENDA ITEM WORDING: Approval of a Grant Agreement with Rural Health Network, Inc. for $15,000 to assist in conducting an actuarial study related to the feasibility of establishing a health insurance trust fund. ITEM BACKGROUND: Rural Health Network in conjunction with a group of citizens has been studying the possibility of a health insurance trust fund to assist with the health insurance crisis in Monroe County. PREVIOUS RELEVANT BOCC ACTION: At the BOCC Meeting in July, 2003, the Board conceptually approved the granting of this funding to be of assistance in the development of the actuarial study. CONTRACT I AGREEMENT CHANGES: N/ A STAFF RECOMMENDATIONS: Approval TOTAL COST: _$15,000 BUDGETED: Yes No X COST TO COUNTY: $15,000 SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No AMOUNT PER MONTH YR APPROVED BY: County Atty $' OMB/Purchasing _ Risk Management DIVISION DIRECTOR APPROVAL: ~J9. C. ~ James L. Roberts, County Administrator DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM # /'..J ~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTS~Y . . Contract with: Rural Health Network Contract # - Effective Date: Refer to Sec. #9 Expiration Date: Contract Purpose/Description: Grant Agreement for $15,000 to assist in conducting an actuarial study related to the feasibility of establishin~ a health insurance trust fund. Contract Manager: Debbie Frederick 4741 Co. Administrator/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 8/20/03 A~enda Deadline: 8/5/03 CONTRACT COSTS Total Dollar Value of Contract: $ 15,000 Budgeted? Yesrgj No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ ~-~-- - - - - ----- - - - - ----- Estimated Ongoing Costs: $ (Not included in dollar value above) ADDITIONAL COSTS /yr For: (eg. maintc:nance, utilities, janitorial, salaries, etc.) - - - - ----- CONTRACT REVIEW Date In Division Director ~. "....- ~ Risk Management 8/5/0 J O.M.B./purchasingg~ County Attorney Changes Needed__~ YesO NoE:J ..- YesONo~ Date Out <f'-i=-~ gld() 3 YesONo[]1". {}~'--~t<-- tJ0ll~ YesDNo(gJ JU'lH'M lIutiot..p Comments: OMB Form Revised 2/27/01 MCP #2 GRANT AGREEMENT Rural Health Network, Inc. THIS GRANT AGREEMENT is entered into this day of 2003, by and between Monroe County, a political subdivision of the State of Florida, (the County) and the Rural Health Network, Inc., a Rorida nonprofit corporation, (RHN). WHEREAS, RHN desires to assist the County and other interested parties in determining the feasibility of establishing a Health Insurance Trust fund to provide health Insurance for the residents of Monroe County who are ages 18-64; WHEREAS, the County desires to utilize the services of RHN to conduct an actuarial study of the County's historical health care payment costs in order to assist the County and others in establishing the financial projections for a Health Insurance Trust Fund for the current residents of Monroe County ages 18-64; WHEREAS, the establishment of such financial projections through an actuarial study serves a primary public purpose; now, therefore In consideration of the mutual covenants and promises set forth below, the parties agree as follows: 1.a) RHN shall conduct a cross sampling of the health histories and expenses of aU County residents regardless of income and prepare an actuarial study and financial projections for a health insurance trust fund to provide health insurance in Monroe County to persons ages 18- 64. RHN must complete the study within sixty (60) days of the effective date of this Agreement. The County Administrator may extend the time for completion past the sixtieth (60th) day, if the delay is due to circumstances beyond the control of RHN; provided, however, the time of completion and payment may not be extended past the one year anniversary date of the effective date of this grant agreement without the approval of the Board of County Commissioners. b) When RHN has completed the actuarial study and financial projections described In subparagraph l(a), RHN shall submit a copy of the study to the County Administrator together with an invoice for the payment of $15,000. If the County Administrator, after he has reviewed the study and projections, determines that RHN has satisfactOrily completed the same, he shall ",:-~ note his approval on the invoice and forward it to the Clerk for payment. If the County Administrator determines that the study and projections have not. been satisfactorily completed, he shall so inform RHN in a written memorandum which must include a description of the deficiencies in need of correction before payment can be made. Upon receipt of satisfactory documentation to remedy the deficiencies, County shall forward the authorization to the Clerk for payment. c) RHN acknowledges that the total amount paid to RHN pursuant to this grant agreement may not exceed $15,000 regardless of the cost of completing the actuarial study described in subparagraph l{a). d) RHN may not assign or subcontract its obligations under this grant agreement without the written permission of the County Administrator, except that RHN may subcontract with Milliman USA for the preparation of the actuarial study and financial projections with no further permission needed from the County Administrator. However, any RHN/Milliman USA contract in no way relieves RHN of Its duties and obligations under this grant agreement. 2. RHN agrees to keep its financial records pertaining to this grant agreement pursuant to generally accepted accounting principles consistently applied and to retain those records for a period of three years from the date of final payment. The records must be made available to an auditor employed by the Clerk or County during regular business hours (M-F, 9 AM - 5 PM, holidays excepted). If an auditor employed by the Clerk or County determines that monies paid to RHN pursuant to this grant agreement were spent for purposes not authorized by this grant agreement, then RHN must repay to the County the amount erroneously spent together with interest calculated at the rate established by Sec. 55.03(1), FS, running from the date the auditor determined that the amount was erroneously spent. 3. RHN agrees to, and shall, defend, hold harmless and indemnify, the County, its officers and employees from and against any and all liability, claims, judgments, charges, fines, costs, damages and expenses (including reasonable market value attorney's fees, costs and expenses, at the administrative, trial and appellate levels) with regard to any damage to property or injury to persons, including death, arising out, or related to, any act or omission of RHN, its 2 officers, employees, volunteers, contractors (in any tier) and agents arising out of RHN's obligations under this grant agreement. This paragraph will survive the termination date described In paragraph 9. 4. All written communication required by this grant agreement must be sent by certified mail, return receipt requested, or by a national courier service (e.g., Federal Express) to the persons and addresses below: County County Administrator 1100 Simonton Street Key West, FL 33040 1lliN Executive Director P. O. Box 4966 Key West, FL 33041 5. RHN acknowledges that all records pertaining to the actuarial study in its possession are public records, except for those medical records that are confidential under federal or state law, and must be made available for examination and copying by a member of the public upon request. A refusal by RHN to make the pUblic records available for examination and copying by a member of the public upon request is a material breach of this grant agreement and entitles the County to Immediately terminate the agreement with no further obligation to RHN including the obligation to pay money. 6. PUBUC ENTITY CRIME STATEMENT. A person or affiliate who has been placed on the convicted vendor list following a conviction for pUblic entity crime may not submit a bid on a contract to prOVide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or RHN under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount prOVided in Sec. 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. If RHN is on the convicted vendor list, then this Contract is void ab initio with the County under no obligation to pay RHN any compensation or damages under any legal theory whatsoever. 3 7. EllfICS CLAUSE. RHN warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibitio!l of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 8. JURISDICTION. This grant agreement is governed by the laws of Florida. Venue for any litigation arising under this grant agreement must be in a court of competent jurisdiction located in Monroe County Rorida. In the event of litigation the prevailing party is entitled to costs plus a reasonable market value attorney's fee. 9. EFFECTIVE DATE. This grant agreement will take effect on the signature date of the last party to sign this grant agreement and will terminate upon the date of the final payment to RHN described in subparagraph l(b) or upon one year from the effective date whichever occurs first, unless the time for completion of the actuarial study and final payment is extended as provided in subparagraph l(a). IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNYL. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson (SEAL) RURAL HEALTH NETWORK, INC. ATTEST: By Title By Title jconRHN N E A. HUTTON Date ASSISTANT ~l~~ANEY 4