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01/19/2005 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: February 17, 2005 TO: Maria Z. Fernandez Group Insurance Administrator FROM. Pamela G. Hanc�ac L Deputy Clerk At the January 19, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and Florida Keys Mosquito Control District to facilitate the transfer of health insurance coverage responsibilities for the employees of the District from the County to the District by setting out the respective duties of the District and the County for the transition period. Enclosed is a duplicate original of the above -mentioned your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document County Attorney Finance File.1 INTERLOCAL AGREEMENT BETWEEN THE FLORIDA KEYS MOSQUITO CONTROL DISTRICT AND MONROE COUNTY BOARD OF COMMISSIONERS THIS AGREEMENT, made and entered into by and among: Florida Keys Mosquito Control District (the "District"), through it's Board of Commissioners and the County of Monroe, State of Florida (the "County"), through it's Board of County Commissioners. WITNESSETH WHEREAS the District has determined that it is in the best interest of employees of the District to withdraw from the Monroe County Board of Commissioners Insurance Plan; and WHEREAS the parties hereto recognize a continuing obligation to reimburse the County for claims processed for a period of 15 months from May 1, 2004 in order to make the County whole during the transition period; and WHEREAS, Section 163.01(4) of the Florida Statutes provides "a public agency of the State of Florida may exercise jointly with another public agency of the State, or any other State or of the United States Government any power, privilege or authority which such agencies share in common and which each might exercise separately." IN CONSIDERATION of the mutual promises herein contained, the parties agree to develop and enter into an agreement under the laws of the State of Florida, and the laws, rules and regulations of the United States of America. NOW, THEREFORE, be it resolved that this Agreement be made and entered into by and between the District and the County. PURPOSE: The purpose of this Agreement is to facilitate the transfer of health insurance coverage responsibilities for the employees of the District from the County to the District by setting out the respective duties of the District and the County for the transition period. This is necessary to assure that claims accruing prior to May 1, 2004 are paid by the responsible party. Nothing in this Agreement prohibits the parties of this Agreement from entering into similar, but separate agreements with other local governments. II. OBLIGATIONS OF THE DISTRICT: A. Subject to the restrictions of Paragraph B, the District shall reimburse the County for health insurance claims and administrative fees validly processed and paid by the County for District employees through April 30, 2004. Valid administrative fees shall equal a 10% charge on claims validly processed and paid. B. The District shall not be obligated to reimburse any claims paid by the County which were not paid in accordance with the Monroe Board of County Commissioners Employee Benefit Plan as amended on March 19, 2003. Further, the District shall not be obligated to pay claims made by providers based upon amounts not reimbursed by the County as a result of the County applying a reimbursement discount which should not have been taken. III. OBLIGATIONS OF THE COUNTY: A. The County shall pay, or cause to be paid, benefits only in accordance with Monroe Board of County Commissioners Employee Benefit Plan as amended on March 19, 2003. B. The County shall process and pay, or cause to be paid, all properly reimbursable claims incurred by a District employee prior to May 1, 2004, within 30 days of receipt by the County's third party administrator of the claim from any of the County's healthcare networks. Only claims paid in such manner will be considered validly processed and paid. IV. TERM OF AGREEMENT: The term of this agreement shall expire on July 31, 2005. This agreement may only be terminated prior to July 31, 2005 upon mutual agreement of the District and the County. V. MISCELLANEOUS: A. Entire Agreement. This Agreement contains the entire understanding between the parties hereto and supersedes any prior understandings and agreements between them respecting the subject matter of this Agreement. B. Savings Clause. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. C. Waiver. Failure by either party hereto to enforce any rights under this Agreement may not be construed as a waiver of such rights. Any waiver, including waiver of default, in any one instance may not constitute a continuing waiver or a waiver in any other instance. D. Titles and Captions. All article and section titles or captions contained in this Agreement are for convenience only and shall not be deemed part of the context nor affect the interpretation of this Agreement. E. Amendments. No amendment(s) to this Agreement shall be binding unless in writing executed by both parties hereto. F. Governing Law. The laws of the State of Florida shall govern this Agreement without reference to any conflict of laws provision. The parties hereto agree that all claims or actions under this Agreement will be brought and maintained in the courts of competent jurisdiction the State of Florida, unless preempted by federal law. G. Counterparts. This Agreement may be signed in more than one counterpart, in which case each counterpart shall constitute an original of this agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Monroe County, Florida, the day and year first above written. SIGNATURES COUNTY OF MONROE, STATE OF FLORIDA ;, '` BOARD OF COUNTY COMMISSIONERS > ��I,k�AGE, Clerk k Dixie Spehar, Mayor r FLORIDA KEYS MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS Stephen K. SmitA Chairman Witness: r -- MONROE COUNT`,! ATTORNEY A ROVED AS R UZANNE A. HUTTON A ISTANT CglJ NTYATTJdRNEY ©ate