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10/13/1999 FINANCIAL AGREEMENT AGREEMENT BETWEEN FLORIDA HEAL THY KIDS CORPORA nON "FHKC" AND MONROE COUNTY GOVERNMENT This Agreement is made and entered into this b!! day of ~ 1999, by and between Monroe County Government and the Florida Healthy Kids Corporation hereinafter called FHKC, a Florida not-for-profit corporation under the provisions of Chapter 617, Florida Statutes. WHEREAS, the Florida Legislature enacted Chapter 624.91, Laws of Florida, creating the Florida Healthy Kids Corporation, a Florida not-for-profit corporation organized to facilitate a program to provide comprehensive health insurance coverage and preventative health care services to Florida children; WHEREAS, FHKC has been specifically empowered to receive federal funds available under Title XXI of the Social Security Act and said Act requires matching dollars; WHEREAS, FHKC implementing statute provides for local matching funds from the participating county and that said local match must be secured prior to introduction of the FHKC program in the participating county by a Financial Agreement with local contributors to provide the required local match on an agreed periodic basis and by the initial deposit of funds as provided in the Agreement; WHEREAS, Monroe County Government has agreed to participate in the FHKC program for Monroe County by providing funds eligible for federal matching dollars under Title XXI to be applied to the local match for Monroe County; NOW THEREFORE, in consideration of the premises and as an inducement to FHKC to commence or continue a FHKC program in Monroe County: I. Monroe County Government agrees to provide matching funds for the provision of ~ .HJSC PFOgram in Monroe County as follows: _ (;) '.. ;;.:, ..1 . (.) 1- <'.tI.. l4J . Z: ~!Alat the local match from the period beginning July 1, 1999 through June 30, ~ Q. ~~~OO shall be calculated according to the following formula: o II) '00 La... _ ....J.o ::. >-:X::l&J C :Z:-'o 1.LJ ~ ZOo:: --J <(:Z: :- 0\ Q 0 u.. 0\ :l: · Number of subsidized children enrolled each month MULTIPLIED by the costs of providing health care coverage (actual premium paid) MINUS family contributions and then MULTIPLIED by the local match rate for that month, lof3 · PLUS the total monthly costs of the Third Party Administrator for all enrolled children x the local match rate. B. Monroe County Government agrees to provide local matching funds for the period October I, 1999 through September 30,2000 in an amount of 15% of the total amount of the premiums and third party administrators costs, not to exceed $38,370 (45% of total matching costs) for the entire period. C. Monroe County Government agrees to be invoiced on a monthly schedule by FHKC for actual expenditures as calculated under subparagraph (A). D. Monroe County Government agrees to remit payment within thirty (30) days of receipt of an invoice from FHKC. E. Prior to commencing a new county program, an initial deposit which is one- quarter of the estimated local match requirement for the first operational year, shall be payable upon execution of this Agreement and shall be applied to the beginning start up costs for the FHKC program in Monroe County. n. FHKC in consideration of the funds paid by Monroe County Government and to provide local matching funds for the Monroe County FHKC program agrees as follows: A. To provide comprehensive health insurance coverage to each participant who has paid the required premium and has met the other eligibility standards for enrollment established by FHKC. B. To invoice Monroe County Government on a scheduled basis in accordance with paragraph I, B. Invoices shall be sent to: County of Monroe - OMB 5100 College Road Key West, FL 33040 C. To monitor enrollment caps in each plan type so as not to exceed the local match commitment as provided in subparagraph I(B). D. To provide an enrollment report each month that shows the enrollment of children by plan type for the coverage month. III. The Parties understand that local matching funds must meet the eligibility criteria set by federal law or regulation under Title XXI of the Social Security Act or by state law or regulation. 20f3 IV. The Parties agree that the non-payment of local matching funds may result in the termination of the Monroe County Healthy Kids program at the sole discretion of FHKC. V. Monroe County Government understands that FHKC will commence the expenditure of state and federal funds to develop a FHKC program in Monroe County based upon the assurances by Monroe County Government to provide local matching funds that are eligible under state and federal law, to assume responsibilities and duties set forth herein and to provide local matching funds in accordance with the terms hereof. In the event the local matching funds provided herein are not forthcoming in the amounts and upon the dates scheduled, FHKC is entitled to enforce the obligations of this Agreement in accordance with the laws of the State of Florida and in such event shall be entitled to additional reimbursement for its costs and attorneys fees necessarily incurred to enforce the completion of the obligations herein. It is understood that the intent of this provision is to protect the children who will receive health insurance benefits upon commencement of the FHKC program in Monroe County and who will thereafter rely upon the continuation of the program. VJ.. The Parties agree that the provisions of this Agreement are not subject to ' assignment without written consent of the other Party. \'11. Any amendments to the Agreement shall be in writing and approved by both '~,: Parties. VIll. This Agreement shall be in effect from the date of its execution by both Parties and shall remain in effect until all obligations under this Agreement have been satisfied. Either Party may terminate this Agreement at any time, with or without cause, in its sole discretion upon thirty (30) days written notice, delivered by certified mail, return receipt requested, to the other Party. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their undersigned officials as duly authorized. DONE this 6+h day of #IJ1I.. 1999 f~., - ..~...~..... ..., '.<;,.~n ~. '_.. ~..-\'~'- " Title Wilhelmina Harvey or, roe unty Board of Commissioner: ~ Witness 30f3 ca~' J!.~ itness