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HomeMy WebLinkAboutC-5747 - Agreement for Recovery of Administrative Costs for Implementation and Recovery of Ground Emergency Medical Transportation PaymentsAGREEMENT FOR RECOVERY OF ADMINISTRATIVE COSTS FOR IMPLEMENTATION AND RECOVERY OF GROUND EMERGENCY MEDICAL TRANSPORTATION PAYMENTS This agreement is made and entered into on this � � day of S�P T 201_5 between the Sacramento Metropolitan Fire District, ("Metro Fire") a political subdivision of the State of California and, the City of Newport Beach, a municipal corporation and charter city ("GEMT Transporter"). WHEREAS, the State Department of Health Care Services ("State") has developed and is administering the Medi -Cal Ground Emergency Transportation Supplemental Reimbursement Program pursuant to the California Welfare and Institutions Code Section 14105.94 ("State Code") and State Plan Amendments ("SPA") 09-024; and, WHEREAS, the State has entered into an agreement with Metro Fire for administrative services related to the Medi -Cal Ground Emergency Transportation Supplemental Reimbursement Program pursuant to the State Code and SPA 09-024 ("State Agreement"), which is attached hereto as Exhibit A, and is incorporated as if set forth fully herein; and, WHEREAS under the State Code an eligible provider of ground emergency medical transportation services may be entitled to supplemental Medi -Cal reimbursement as set forth in those provisions; and, WHEREAS an eligible provider as described in the State Code is required to enter into an agreement to reimburse the State for implementing and administering the Supplemental Reimbursement Program as a condition of receiving supplemental reimbursement pursuant to the State Code; and, WHEREAS pursuant to the State Agreement, Metro Fire has been designated by the State to recover the administrative and implementation costs required to be paid by eligible providers under the State Code; and, WHEREAS Metro Fire will incur administrative and other costs in connection with billing GEMT Transporter for costs, and has assumed the risk of payment, or non- payment of the costs from GEMT Transporter; NOW therefore, the Parties enter into this Agreement for the purpose of setting forth the manner and terms for payment of administrative costs by the eligible GEMT providers to Metro Fire, under the following terms and conditions. Page 1 of 6 I. PARTIES Metro Fire is a designated agency for the collection of costs related to the GEMT Supplemental Medi -Cal Reimbursement Program. GEMT Transporter is an eligible provider of GEMT services as described in the State Code. II. TERMS This Agreement shall be effective and commence as of July 1, 2014 and shall end on June 30, 2017. However, GEMT transporter acknowledges and agrees that cost reports submitted by GEMT Transporters are subject to audit by the State of California for a period of thirty-six (36) months from the date of submission of the reports by the GEMT Transporter to the State of California. During that period of time, State administrative costs as defined in the State Code will continue to be incurred by the State for which the GEMT Transporter agrees to pay to Metro Fire pursuant to Section IV below. The GEMT Transporter agrees to pay its transporter share of administrative costs pursuant to Section V. after the termination of this Agreement, whether this Agreement is terminated by its term, or in the event GEMT Transporter elects to terminate the Agreement, or in the event that Metro Fire terminates the Agreement. III. RATIFICATION Where there has been a need for Metro Fire to provide services essential to the initial start-up of the GEMT program in the State of California and where such services have been provided prior to the date of execution of this Agreement, both Parties agree that the calculation, and payment, of services under this Agreement shall begin on July 1, 2014. IV. SCOPE OF SERVICES AND RESPONSIBILITIES Metro Fire will provide the following services: A. Advance of GEMT administration costs to the State as provided by SPA 09-024 on behalf of the GEMT Transporter. B. Assistance to the State GEMT program on behalf of the GEMT Transporters including: a. Cost Report development b. Information resource to the State and Federal governments c. Program development to expand the scope of eligible costs C. Assistance to the GEMT Transporter including: a. General (offsite) program assistance b. Ombudsman services when needed c. Advocate for reimbursements d. Government relations Page 2 of 6 The GEMT Transporter will provide the following services: A. Accurate reports of transports eligible under the GEMT program B. Accurate record keeping and retention of records for a period of not less than seven (7) years C. Provide all records upon request for audit purposes V. PAYMENT TERMS GEMT Transporter agrees to pay Metro Fire the transporter's share of the State administrative costs as defined in the State Code. The GEMT transporter share will be based upon the administrative costs per fee for service Medi -Cal transport, multiplied by the GEMT Transporter's number of fee for service Medi -Cal transports for each reporting period. The administrative costs per fee for service Medi -Cal transport will be determined by the State of California based on the total administrative costs of the State in administering the GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES SUPPLEMENTAL REIMBURSEMENT PROGRAM divided by the total number of fee for service Medi -Cal transports statewide by all participating transporter agencies for each reporting period. In addition, the GEMT transporter will compensate Metro Fire one percent (1%) of the GEMT transporter's gross State Supplemental Reimbursement of GEMT services under the State Code for each reporting period for Metro Fire's program services, administrative services, expansion of program for future reimbursements, contracting services, other expenses, cost of advancing funds for the State, and the risk of non-payment from GEMT Transporters. A. Metro Fire will notify, via email, the amount due under Section V. of this Agreement by the GEMT Transporter once the amount is determined. B. All amounts due under this Agreement will be paid to Metro Fire no later than 30 days after the first notification is sent to the GEMT Transporter. C. Non-payment by the GEMT Transporter constitutes a breach of this Agreement and, if not cured, will result in a termination of this Agreement pursuant to Section XII below. 1. A breach of this Agreement may be cured by the successful completion of the payment transaction to Metro Fire by GEMT Transporter within 30 days' notice by Metro Fire. 2. The State will not provide GEMT supplemental reimbursements to the GEMT Transporter without a valid Agreement for Recovery of Administrative Costs for Implementation and Recovery of GEMT Payments with Metro Fire. VI. REIMBURSEMENT COSTS ACKNOWLEDGMENT The GEMT Transporter acknowledges and agrees that the compensation paid to Metro Fire pursuant to this Agreement is intended to cover the costs for administering the supplemental reimbursement program under Section 14105.94(d) of the State Code. Page 3 of 6 The compensation payable to Metro Fire is approved by the State, pursuant to the State Agreement attached as Exhibit A. The GEMT Transporter hereby agrees to waive any claim, action, or challenge to the payment method for the collection of costs under Section 14105.94(d) of the State Code, in the manner set forth in this Agreement. VII. DISPUTE RESOLUTION In the event of a dispute between the Parties in the terms of this Agreement as to any issue arising under this Agreement, the Parties agree to meet and negotiate in good faith to resolve such dispute. This shall not limit the Parties' right to pursue any available remedies at law or in equity. VIII. MUTUAL INDEMNIFICATION It is agreed that the GEMT Transporter shall defend, hold harmless and indemnify Metro Fire, its officers, employees, and agents from any and all claims liability, loss or expense (including reasonable attorney fees) for injuries or damage to any person and/or any property which arise out of the terms and conditions of this Agreement and the negligent or intentional acts or omissions of the GEMT Transporter and its officers, employees or agents. It is further agreed that Metro Fire shall defend, hold harmless and indemnify the GEMT Transporter and its officers, employees, and agents from any and all claims liability, loss or expense (including reasonable attorney fees) for injuries or damage to any person and/or any property which arise out of the terms and conditions of this Agreement and the negligent or intentional acts or omissions of Metro Fire, its officers, employees, or agents. IX. SEVERABILITY If any term, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way. Notwithstanding the previous sentence, if a decision by a court of competent jurisdiction invalidates, voids, or renders unenforceable a term, condition, or provision in this Agreement that is included in the purpose of this Agreement then the Parties to this Agreement shall either amend this Agreement pursuant to Section X. Or it shall be terminated. X. AMENDMENT AND WAIVER Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by both Parties. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. Page 4 of 6 XI. INTERPRETATION This Agreement shall be deemed to have been prepared equally by both of the Parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it. XII. TERMINATION Either of the Parties may terminate this Agreement upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. GEMT Transporter's responsibility for administrative costs incurred by the State associated with transporter costs reports and/or the State's audit of those costs shall survive the termination of the Agreement. XIII. PRIOR AGREEMENTS This Agreement constitutes the entire Agreement between Metro Fire and GEMT Transporter regarding the subject matter of this Agreement. Any prior agreements, whether oral or written, between Metro Fire and GEMT Transporter regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this Agreement. XIV. INTEGRATION CLAUSE This Agreement and any exhibits attached hereto shall constitute the entire Agreement among the Parties to it and supersedes any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both Parties to this Agreement. XV. CONTROLLING LAW The validity of this Agreement and its terms or provisions, as well as the rights and duties of the Parties hereunder, the interpretation and performance of this Agreement shall be governed by the laws of the State of California. [SIGNATURES ON NEXT PAGE] Page 5 of 6 SACRAMENTO METROPOR2ITAN FIRE DISTRICT Signature: ✓'""� _ \, Name: Amanda Thomas Title: Chief Financial Officer Date: :2(1-7 lzold APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:/Y/15 By: Aar C. Harp Cit Attorney ATTEST: Date: By: "&� , b�Q—� Leilani I. Brown City Clerk GEMT TRANSPORTER: City of Newport Beach, a California municipal corporation Date: il)1 22 n 2015 By: 4- :�� Scott Poster Fire Chief 01 Fo Rrk"> ; [END OF SIGNATURES] Attachments: Exhibit A - Agreement with the California Department of Health Care Services for Administrative Services Related to Medi -Cal Ground Emergency Medical Transportation Services Supplemental Reimbursement Program, Dated April 9, 2015. Page 6 of 6 Page I of 8 DHCS #14-90001 AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES FOR ADMINISTRATIVE SERVICES RELATED TO MEDT -CAL GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES SUPPLEMENTAL REIMBURSEMENT PROGRAM Parties. The parties to this Agreement are the Sacramento Metropolitan Fire District (SMFD), in its capacity as the host entity, and the California Department of Health Care Services (DHCS). As authorized by California Welfare and Institutions Code section 14105.94, SMFD acts as the administrative agency for the Medi -Cal Ground Emergency Medical Transportation Services (GEMT) Supplemental Reimbursement Program on behalf of all publicly owned and operated GEMT providers in California participating in the program. DHCS is the single state agency responsible for administering the California Medical Assistance Program (Medi—Cal) pursuant to California Welfare and Institutions Code section 14100.1. 2. Term of the Agreement. Subject to the provisions of this Agreement, the term of this Agreement shall be from July 1, 2014, through and including, June 30, 2017. 3. Maximum Payable Amount. In full consideration of DHCS' performance of the services described in Schedule A and the conditions in Section6., the amount that SMFD shall be obligated to pay for services rendered for the term of this Agreement shall not exceed $700,000 each State Fiscal Year (SFY) beginning SFY 2014-15. The State Fiscal Year begins on July 1st each year and ends on June 30th. The maximum payable amount shall be further subject to annual limits not to exceed: $700,000 -for July 1St, 2014, through and including June 301h, 2015. $700,000 - for July 1St, 2015, through and including June 30th, 2016. $700,000 -for July 1St, 2016, through and including June 30th 2017. 4. Purpose of the Agreement. The purpose of this Agreement is for DHCS to perform the administrative .services related to administering the GEMT supplemental reimbursement program as described in Schedule A, attached hereto and incorporated by reference herein. Further, the purpose of this agreement is to designate SMFD as the host entity that will collect administrative costs, as defined in Welfare and Institutions Code section 14105.94, subdivision (d), pursuant to written contracts between SMFD and eligible providers. The eligible providers are required to enter into written contracts by the Provider Page 2 of 8 DHCS #14-90001 Participation Agreement, which are entered into between the eligible providers and DHCS. The Provider Participation Agreement between the eligible providers and DHCS requires the eligible providers to satisfy their responsibilities for reimbursing DHCS for its administrative costs by conditioning their participation in the supplemental payment program and their receipt of such supplemental funds upon entering into the written reimbursement contracts between SMFD and the eligible providers for the payment of DHCS' administrative costs, the subject of this Agreement. It is understood by both SMFD and DHCS that payments set forth under this Agreement are for the purpose of reimbursing DHCS for all direct and indirect expenses related to performing these activities. 5. Contact Persons. Any notice, request, demand or other communication required or permitted hereunder, shall be deemed to be properly given when deposited in the United States mail, postage prepaid, and addressed: In the case of SMFD, to: GEMT Coordinator Sacramento Metropolitan Fire District Attn: Chief Financial Officer 10545 Armstrong Avenue, Suite 200 Mather, CA 95655 l Or to such person or address as SMFD may, from time to time, fumish in writing to DHCS. In the case of DHCS, to: California Department of Health Care Services Safety Net Financing Division Attn: Stacy Fox, Medi -Cal Supplemental Payments Section 1501 Capitol Avenue, MS 4504 P.O. Box 997436 Sacramento, CA 95899-7436 Or to such person or address as DHCS may, from time to time, furnish in writing to SMFD. 6. Payment Terms and Invoicing. A. SMFD shall compensate DHCS for services listed in Schedule A, as authorized by Section 7 of this agreement, within forty-five (45) days of receipt of an invoice from DHCS, which specifies both the total federally claimable administrative cost and the nonfederal share of the total cost. B. Failure by SMFD to timely compensate DHCS pursuant to paragraph A shall constitute a material breach of this Agreement by SMFD, which at DHCS' discretion, may result in termination by DHCS pursuant to Section 9. SMFD may cure such breach by rendering payment of the amount owed to DHCS prior to the Page 3 of 8 DHCS #14-90001 termination of this Agreement pursuant to Section 9, at which point such notice of termination shall be automatically rescinded. C. In no event shall payment be made by SMFD for any invoice or portion thereof exceeding the Agreement amount specified in Section 3. Payment for any services rendered by DHCS exceeding the Agreement amount shall require an amendment to this Agreement pursuant to Section 8. Services rendered by DHCS shall cease until an amendment is executed. D. DHCS shall submit annual invoices to SMFD no sooner than forty-five (45) days following the close of each SFY. DHCS' invoice shall include the supplemental form identifying the following summarized categories of costs for the period billed: salary, benefits, operating expenses, and total costs. E. SMFD shall not be obligated to pay DHCS for the administrative services covered by any invoice if DHCS presents the invoice to SMFD more than one (1) year after this Agreement terminates. F. Payments shall be sent to DHCS at the following address: California Department of Health Care Services Safety Net Financing Division Attn: Medi -Cal Supplemental Payments Section 1501 Capitol Avenue, MS 4504 P.O. Box 997436 Sacramento, CA 95899-7436 Scope of Work. In consideration of the payments hereinafter set forth, DHCS shall perform the activities related to administering the GEMT supplemental reimbursement program as described in Schedule A, attached hereto and incorporated by reference herein. It is understood by both SMFD and DHCS that payments set forth under this Agreement are for the purpose of reimbursing DHCS for all direct and indirect expenses related to performing these activities. Should the scope of work or services to be performed under this Agreement conflict with DHCS' responsibilities as the single agency for Medicaid in California (Medi -Cal), the single state agency responsibilities shall take precedence. DHCS' cessation of any activities due to single state agency responsibilities does not relinquish the obligation of SFMD to reimburse DHCS for administrative costs actually incurred by DHCS. 8. Amendments. Amendments to this Agreement shall be made only by a written agreement signed by the parties to this Agreement, and If required by State law, by approval of the California Department of General Services. Notwithstanding the previous sentence, updates on who will serve as the contact person identified in Section 5 may be transmitted by email to the other contact person or;persons. In conformance with state law requiring SMFD to pay the State for the nonfederal share of its federally reimbursable administrative costs in administering the GEMT supplemental reimbursement program, by entering Page 4 of 8 DHCS #14-90001 into this Agreement, SMFD acknowledges and accepts that this Agreement shall be automatically amended to reflect updates to the State's administrative costs. 9. Termination. This Agreement may be terminated by any party upon written notice given at least thirty (30) calendar days prior to the termination date. Notice shall be addressed to the respective parties as identified in Section 5 of this Agreement. SMFD shall be obligated to pay for all of the administrative costs incurred from the services duly performed by DHCS until the termination date. The terms of Section 6 (Payment Terms and Invoicing), the last sentence of Section 9 (termination), Section 10A (Indemnification), and Section 100 (Records) shall survive the termination of this Agreement. 10. General Provisions. A. Indemnification. It is agreed that SMFD shall defend, hold harmless, and indemnify DHCS, its officers, employees, and agents from any and all claims, liability, loss or expense (including reasonable attorney fees) for injurles or damage to any person and/or any property which arise out of the terms and conditions of this Agreement and the negligent or intentional acts or omissions of SMFD, its officers, employees, or agents. Severability. If any term, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way. Notwithstanding the previous sentence, if a decision by a court of competent jurisdiction invalidates, voids, or renders unenforceable a term, condition, or provision in this Agreement that is included in the purpose of this Agreement then the parties to this Agreement shall either amend this Agreement pursuant to Section 8, or it shall be terminated. C. Records. 1) Upon written notice, DHCS agrees to provide to SMFD, or any federal or State department having monitoring or reviewing authority, access to and the right to examine and audit its applicable records and documents for compliance with relevant federal and State statutes, rules and regulations, and this Agreement. 2) DHCS shall maintain and preserve all records relating to this Agreement for a period of three (3) years from receipt of the last payment of federal financial participation (FFP) or until audit findings are resolved, whichever is greater. D. Compliance with Applicable Laws. All services to be performed by DHCS pursuant to this Agreement shall be performed in accordance with all applicable federal and State laws,'_ including, but not limited to: Page 5 of DHCS #14-90001 1) The Americans with Disabilities Act of 1990, as amended; 2) Section 504 of the Rehabilitation Act of 1973, as amended; 3) Title 42, United States Code (U.S.C.) § 1396 et seq.; 4) Welfare and Institutions Code (W&I), § 14000 et seq; 5) Government Code § 53060; 6) The California Medicaid State Plan; 7) Laws and regulations including, but not limited to licensure, certification, confidentiality of records, quality assurance, and nondiscrimination. E. Controlling law. The validity of this Agreement and its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation and performance of this Agreement shall be governed by the laws of the State of California. F. Integration Clause. Notwithstanding the GEMT supplemental reimbursement program Provider Participation Agreement in Section G. listed below, this Agreement and any exhibits attached hereto shall constitute the entire agreement among the parties to it and supersedes any prior or contemporaneous understanding or agreement with respect to the services contemplated. G. Provider Participation Agreement. This Agreement does not alter, amend, or override any of the eligible provider's obligations and SMFD's obligations contained in the Provider Participation Agreement. The Provider Participation Agreement is an agreement between DHCS and each of the eligible providers, including SMFD in its capacity as an eligible provider. The Provider Participation Agreement provides the terms and conditions for the eligible providers to participate in the supplemental payment program. Such terms and conditions include, but are not limited to, (i) the requirement that the eligible providers reimburse SMFD for their share of the administrative costs incurred by DHCS in administering the supplemental payment program authorized in section 14105.94, subdivision (d), and (ii) the term that DHCS shall immediately and automatically without prior notice cease making supplemental payments and initiate a recovery effort against an eligible provider that fails to pay its administrative costs pursuant to the terms of the Provider Participation Agreement. H. Periodic Assessment. Pursuant to 14105.94, subdivision (d), SMFD enters into this Agreement in order to implement the GEMT supplemental reimbursement program under which its eligible facilities may participate and for which SMFD will pay for the nonfederal share of all federally reimbursable administrative costs incurred by DHCS performing activities described in Section 7. SFMD agrees that DHCS may conduct a periodic assessment, as determined by DHCS, of such costs incurred by DHCS to determine compliance with Welfare and Institutions Code section 14105.94, subdivision (d), and further agrees that all invoicing as described in Section 6 and any other relevant documentation will be accordingly updated to ensure compliance with Welfare and institutions Code section 14105.94, subdivision (d). Conformance Clause. This Agreement is entered in accordance with Welfare and Institutions Code section 14105,94, subdivision (d). Any provision of this Agreement in conflict with the present or future governing authorities of the Page 6 of 8 DHcs #14-90001 Welfare and Institutions Code or other applicable state law or federal law and rules, including but not limited to, Title XIX of the Social Security Act, California's Medicaid State Plan, implementation directives promulgated by DHCS, and implementation directives promulgated by the Centers for Medicare & Medicaid Services, is hereby amended to conform to those authorities. Such amended provisions supersede any conflicting provision in this Agreement. The persons signing this Agreement on behalf of SMFD and DHCS, as applicable, represent and warrant that he or she is an individual duly authorized and having authority to sign on behalf of, and approve for, SMFD or DHCS, as applicable, and is authorized and designated to enter into and approve this Agreement on behalf of SMFD or DHCS, as applicable. SACRAMENTO METROPQa ITAN FIRE DISTRICT Signature: ��s Name: Mark A. Wells— Title: eils Title: Fire Chief Date: .2!,a—n— SACRAMENTO METR0�13P�E DISTRICT Signature: f Namtf Clough Title: Assistant Chief Date: CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES Contract Management Unit Jj Signature: ave of Name: Title: 1n�a' ComF Ct AtiNdM�E 004 Date: 15 CALIFORNIA DEPARTMENT OF GENERAL SERVICES Office of Legal Services ' Signature: Name: Title: Date: Page 7 of 8 1 DHCS #14-90001 SCHEDULE A SCOPE OF WORK CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES JULY 1, 2014 - JUNE 30, 2017 DHCS agrees to: A. Lead the development, implementation, and administration for the GEMT program and ensure compliance with provision set forth in SPA 09-024. Submit claims for federal financial participation (FFP) based on expenditures for GEMT services that are allowable expenditures under federal law. C. On an annual basis, submit any necessary materials to the federal government to provide assurances that claims for FFP will include only those expenditures that are allowable under federal law. D. Reconcile certified public expenditure (CPE) invoices with supplemental reimbursement payments and ensure that the total Medi -Cal reimbursement provided to eligible GEMT providers will not exceed applicable federal upper payment limit as described in 42 C.F.R. 447 -Payments For Services. Complete the audit and settlement process of the interim reconciliations for the claiming period within three years of the postmark date of the cost report and conduct on-site audits as necessary. R Calculate the actual costs for administrative accounting, policy development, and data processing maintenance activities, including the indirect costs related to the Medi -Cal Ground Emergency Medical Transportation Services (GEMT) supplemental reimbursement program provided by its staff based upon a cost accounting system which is in accordance with the provisions of Office of Management and Budget Circular A-87 and 45 Code of Federal Regulations Parts 74 and 95. G. Maintain accounting records to a level of detail which identifies the actual expenditures incurred for personnel services which includes salary/wages, benefits, travel and overhead costs for DHCS' staff, as well as equipment and all related operating expenses applicable to these positions to include, but not limited to, general expense, rent and supplies, and travel cost for identified staff and managerial staff working specifically on activities or assignments directly related to the GEMT supplemental reimbursement program. Accounting records shall include continuous time logs for identified staff that record time spent in the following areas: the GEMT supplemental reimbursement program, general administration. H. Ensure that an appropriate audit trail exists within DHCS records and accounting system and maintain expenditure data as indicated in this Agreement. Page 8 of 8 DHCS #14-90001 k I. Designate a person to act as liaison with SMFD in regard to issues concerning this Agreement. This person shall be identified to SMFD's contact person for this Agreement. J. Provide a written response by email or mail to SMFD's contact person within thirty (30) days of receiving a written request for information related to the GEMT supplemental reimbursement program. K. Provide accounting, and program technical assistance, and training related to the GEMT supplemental reimbursement program to SMFD personnel after receiving a written request from SMFD contact person. r— is AGREEMENT FOR RECOVERY OF ADMINISTRATIVE COSTS FOR IMPLEMENTATION AND RECOVERY OF GROUND EMERGENCY MEDICAL TRANSPORTATION PAYMENTS This Agreement for Recovery of Administrative Costs for Implementation and Recovery of Ground Emergency Medical Transportation Payments ("Agreement") is made and entered into on this _ day of ru a r..ss_s.,2014 between the Sacramento Metropolitan Fire District, a political subdivision of the State'of California ("Metro Fire") and the City of Newport Beach, a municipal corporation and charter city ("GEMT Transporter"). WHEREAS, the State Department of Health Care Services ("State") has developed and is administering the Medi -Cal Ground Emergency Transportation Supplemental Reimbursement Program pursuant to California Welfare and Institutions Code Section 14105.94 ("Section 14105.95") and State Plan Amendments 09-024 ("SPA 09-024"); and WHEREAS, the State has entered into an agreement with Metro Fire for administrative services related to the Medi -Cal Ground Emergency Transportation Supplemental Reimbursement Program pursuant to Section 14105.94 and SPA 09-024, which agreement is attached hereto as Exhibit A, and is incorporated as if set forth fully herein; and WHEREAS, under Section 14105.94, an eligible provider of ground emergency medical transportation services may be entitled to supplemental Medi -Cal reimbursement as set forth in that Section; and WHEREAS, an eligible provider as described in Section 14105.94 is required to enter into an agreement to reimburse the State for implementing and administering the Supplemental Reimbursement Program as a condition of receiving supplemental reimbursement pursuant to that Section; and WHEREAS, Metro Fire has been designated by the agreement attached as Exhibit A, to recover the administrative and implementation costs required to be paid by eligible providers under Section 14105.94; and WHEREAS, Metro Fire will incur administrative and other costs in connection with billing GEMT Transporters for costs, and has assumed the risk of payment, or non- payment of the costs from GEMT Transporters. NOW THEREFORE, Metro Fire and GEMT Transporter enter into this Agreement for the purpose of setting forth the agreement for payment of administrative costs by GEMT Transporter to Metro Fire, under the following terms and conditions. Page 1 of 6 PARTIES Metro Fire is a designated agency for the collection of costs related to the GEMT Supplemental Medi -Cal Reimbursement Program. GEMT Transporter is an eligible provider of GEMT services as described in Section 14105.94. This Agreement shall be effective and commence as of July 1, 2011, and shall terminate on June 30, 2014. However, GEMT Transporter acknowledges and agrees that cost reports are subject to audit by the State for a period of thirty-six (36) months from the date of submission of the reports by GEMT Transporter to the State. During that period of time, State administrative costs as defined in Section 14105.94 will continue to be incurred by the State for which GEMT Transporter agrees to pay to Metro Fire pursuant to Paragraphs IV and V, below. GEMT Transporter agrees to pay its transporter share of administrative costs pursuant to Paragraph V, whether this Agreement is terminated by its term, or in the event GEMT Transporter elects to terminate the Agreement, or in the event that Metro Fire terminates the Agreement. i Where there has been a need for Metro Fire to provide services essential to the initial start-up of the GEMT program in the State and where such services have been provided prior to the date of execution of this agreement, both Parties agree that the calculation, and payment, of services under this Agreement shall begin as of July 1, 2011. IV. SCOPE OF SERVICES AND RESPONSIBILITIES Metro Fire shall provide the following services: A. Advance of GEMT administration costs to the State on behalf of GEMT Transporter as provided by SPA 09-024. B. Assistance to the State GEMT program on behalf of GEMT Transporter including: 1. Cost Report development. 2. Information resources to the State and Federal governments. 3. P ro g ra m development to expand the scope of eligible costs. C. Assistance to GEMT Transporter including: 1. Program guidance via telephone. 2. Ombudsman services when needed. 3. Advocate for reimbursements. 4. Government relations. Page 2 of 6 GEMT Transporter shall provide the following services: A. Accurate reports of transports eligible under the GEMT program. B. Accurate recordkeeping and retention of records for a period of not less than seven (7) years. C. Provide all records upon request for audit purposes. V. PAYMENT TERMS GEMT Transporter agrees to pay Metro Fire its GEMT Transporter share of the State administrative costs as defined in Section 14105.94. GEMT Transporter's share shall be based upon the administrative costs per fee-for-service Medi -Cal transport, multiplied by GEMT Transporter's number of fee-for-service Medi -Cal transports for each reporting period. The administrative costs per fee-for-service Medi -Cal transport shall be determined by the State based on the total administrative costs of the State in administering the GEMT Supplemental Medi -Cal Reimbursement Program divided by the total number of fee-for- service Medi -Cal transports statewide by all participating transporter agencies for each reporting period. In addition, GEMT Transporter shall compensate Metro Fire one percent (1%) of GEMT Transporter's gross State Supplemental Reimbursement of GEMT Services under Section 14105.94 for each reporting period for Metro Fire's program services, administrative services, expansion of program for future reimbursements, contracting services, other expenses, cost of advancing funds for the State, and the risk of non-payment. A. Metro Fire shall notify GEMT Transporter, via email, the amount due under Paragraph V of this Agreement once the amount is determined. B. All amounts due under this Agreement shall be paid via an ACH electronic debit transaction initiated by Metro Fire no sooner than thirty (30) days after the first e-mail notification is sent to GEMT Transporter. C. GEMT Transporter shall complete a Direct Payment Authorization Form authorizing Metro Fire to initiate the debit payment of the amounts due to Metro Fire pursuant to this Agreement. It is the responsibility of GEMT Transporter to keep the Direct Payment Authorization Form up to date with the most current financial institution information. D. Non-payment by GEMT Transporter due to insufficient funds or other reasons will result in a termination of the Agreement pursuant to Paragraph XII. Any breach of this Paragraph V may be cured by: 1) having the amount due plus additional bank fees incurred by Metro Fire (if any) available in the financial institution named on the Form; and 2) the successful completion additional banking fees. Page 3 of 6 Direct Payment Authorization of the debit transaction including E. The State will not provide GEMT supplemental reimbursements to GEMT Transporter without this valid and executed Agreement with Metro Fire for Recovery of Administrative Costs for Implementation and Recovery of GEMT Payments. VL REIMBURSEMENT COSTS ACKNOWLEDGMENT GEMT Transporter acknowledges and agrees that the compensation paid to Metro Fire pursuant to this Agreement is intended to cover the costs for administering the supplemental reimbursement program under Section 14105.94. The compensation payable to Metro Fire is approved by the State, pursuant to the agreement between the State and Metro Fire as set forth in Exhibit A. GEMT Transporter hereby agrees to waive any claim, action, or challenge to the payment method for the collection of costs under Section 14105.94(d), as set forth in this Agreement. Vill. DISPUTE RESOLUTION In the event of a dispute between the Parties to this Agreement as to any issue arising under this Agreement, the Parties agree to meet and negotiate in good faith to resolve such dispute. This shall not limit the Parties' right to pursue any available remedies at law or in equity. VIII. MUTUAL INDEMNIFICATION It is agreed that GEMT Transporter shall defend, hold harmless and indemnify Metro Fire and its officers, employees, and agents from any and all claims, liability, loss or expense (including reasonable attorneys' fees) for injuries or damage to any person and/or any property which arise out of the terms and conditions of this Agreement and the negligent or intentional acts or omissions of GEMT Transporter and its officers, employees or agents. It is further agreed that Metro Fire shall defend, hold harmless and indemnify GEMT Transporter and its officers, employees, and agents from any and all claims, liability, loss or expense (including reasonable attorneys' fees) for injuries or damage to any person and/or any property which arise out of the terms and conditions of this Agreement and the negligent or intentional acts or omissions of Metro Fire and its officers, employees, or agents. IX. SEVERABILITY If any term, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way. Notwithstanding the previous sentence, if a decision by a court of competent jurisdiction invalidates, voids, or renders unenforceable a term, condition, or provision in this Agreement that is included in the purpose of this Agreement then the Parties to this Agreement shall either amend this Agreement pursuant to Paragraph X, or it shall be terminated. Page 4 of 6 X. AMENDMENT AND WAIVER Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by both Parties. Waiver by either Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. XI. INTERPRETATION This Agreement shall be deemed to have been prepared equally by both Parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one Party on the basis that the other Party prepared it. XII. TERMINATION Either Party may terminate this Agreement upon thirty (30) days written notice to the other Party. Notice shall be deemed served on the date of mailing. GEMT Transporters responsibility for administrative costs incurred by the State associated with transporter costs reports and/or the State's audit of those costs shall survive the termination of the Agreement. XIII. PRIOR AGREEMENTS This Agreement constitutes the entire agreement between Metro Fire and GEMT Transporter regarding the subject matter of this Agreement. Any prior agreements, whether oral or written, between Metro Fire and GEMT Transporter regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this Agreement. XIV. INTEGRATION CLAUSE This Agreement and any exhibits attached hereto shall constitute the entire agreement between the Parties to it and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both Parties to this Agreement. XV. CONTROLLING LAW The validity of this Agreement and its terms or provisions, as well as the rights and duties of the Parties hereunder, the interpretation and performance of this Agreement shall be governed by the laws of the State of California. Page 5 of 6 SACRAMENTO METROPOLITAN-FFFEE DISTRICT Signature: Name: Scott Clough Title:. Assistant Chief Date: -7 -1 -z APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ) - 4-1 q By: Aaron C.[Harp City Attorney ATTEST: �, 1 Date: By: Leilani I. Brown City Clerk GEMT TRANSPORTER: CITY OF NEWPORT BEACH, a California municipal corporation Date: rEB 0 6 204 By: Scott Poster Fire Chief ZRORN A [END OF SIGNATURES] Attachments: Exhibit A — Agreement with the California Department of Health Care Services for Administrative Services Related to Medi -Cal Ground Emergency Medical Transportation Services Supplemental Reimbursement Program, dated November 18, 2013 Page 6 of 6 EXHIBIT A D>41l—�t)c959-�A. AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES FOR ADMINISTRATIVE SERVICES RELATED TO MEDI-CAL GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES SUPPLEMENTAL REIMBURSEMENT PROGRAM 1. Parties The parties to this Agreement with the Califomia Department of Health Care Services for Administrative Services Related to Medi -Cal Ground Emergency Medical Transportation Services Supplemental Reimbursement Program (Agreement) are the Sacramento Metropolitan Fire District (SMFD), in its capacity as the host entity, and the California Department of Health Care Services (Contractor). As authorized by California Welfare and Institutions Code section 14105.94, SMFD acts as the administrative agency for the Medi -Cal Ground Emergency Medical Transportation Services (GEMT) Supplemental Reimbursement Program on behalf of all publicly owned and operated GEMT providers in California participating in the program. Contractor is the single state agency responsible for administering the California Medical Assistance Program ("Medi—Cal") pursuant to California Welfare and Institutions Code section 14100.1. 2. Term of the Agreement Subject to the provisions of this Agreement, the term of this Agreement shall be from July 1, 2011, through and including, June 30, 2014. 3. Maximum Payable Amount In full consideration of Contractor's performance of the services described in Schedule A and the conditions in Provision 6., the amount that SMFD shall be obligated to pay for services rendered for the term of this Agreement shall not exceed $250,000 each State Fiscal Year (SFY) beginning SFY 2011-12. The State Fiscal Year begins on July 1st each year and ends on June 30th. The maximum payable amount shall be further subject to annual limits not to exceed: $100,000 -for July 15t, 2011, through and including June 30th, 2012. $125,000 - for July 1st, 2012, through and including June 30th, 2013. $250,000 - for July 1st, 2013, through and including June 30th, 2014, 4. Purpose of the Agreement. The purpose of this Agreement is for Contractor to perform the administrative services related to administering the GEMT supplemental reimbursement program as described in Schedule A, attached hereto and incorporated by reference herein. Further, the purpose of this agreement is to designate SMFD as the host entity that will collect administrative costs, as defined in Welfare and Institutions Code section 14105.94(d), pursuant to written contracts between SMFD and eligible providers. The eligible providers are required to enter into written contracts by the Provider Participation Agreement, which are entered into between the eligible providers and the Contractor. The Provider Participation Agreement between the eligible providers and the Contractor requires the eligible providers to satisfy their responsibilities for reimbursing the Contractor for its administrative costs by conditioning their participation in the supplemental payment program and their receipt of such supplemental funds upon entering into the written reimbursement contracts between SMFD and the eligible providers for the payment of Contractor's administrative costs, the subject of this Agreement. It is understood by both SMFD and Contractor that payments set forth under this Agreement are for the purpose of reimbursing Contractor for all direct and indirect expenses related to performing these activities. 6. Contact Persons. Any notice, request, demand or other communication required or permitted hereunder, shall be deemed to be properly given when deposited in the United States mail, postage prepaid, and addressed: In the case of SMFD, to GEMT Coordinator Sacramento Metropolitan Fire District Attn: Scott Clough, Assistant Chief 10545 Armstrong Avenue Mather, CA 95655 Or to such person or address as SMFD may, from time to time, furnish in writing to Contractor. In the case of Contractor, to: California Department of Health Care Services Safety Net Financing Division Attn: Stacy Fox, Medi -Cal Supplemental Payments Section 1501 Capitol Avenue, MS 4504 P.O. Box 997436 Sacramento, CA 95899-7436 Or to such person or address as Contractor may, from time to time, furnish in writing to SMFD. 6. Payment Terms and Invoicing. A. SMFD shall compensate Contractor for services listed in Schedule A, as authorized by Provision 7 of this agreement, within forty-five (45) days of receipt of an invoice from Contractor, B, Failure by SMFD to timely compensate Contractor pursuant to paragraph A shall constitute material breach of this Agreement by SMFD, which shall result in termination by Contractor pursuant to Provision 9. SMFD may cure such breach by rendering immediate payment of the amount owed to Contractor prior to the termination of this Agreement pursuant to Provision 9. C. In no event shall payment be made by SMFD for any invoice or portion thereof exceeding the Agreement amount specified in Provision 3. Payment for any services rendered by Contractor exceeding the Agreement amount shall require an amendment to this Agreement pursuant to Provision 8. Services rendered by Contractor shall cease until an amendment is executed. D. Contractor shall submit annual invoices to SMFD no sooner than forty-five (45) days following the close of each SFY. Contractor's invoice shall include the supplemental form identifying the following summarized categories of costs for the period billed: salary, benefits, operating expenses, and total costs. E. SMFD shall not be obligated to pay Contractor for the services covered by any invoice if Contractor presents the invoice to SMFD more than one (1) year after this Agreement terminates. F. Payments shall be sent to Contractor at the following address: California Department of Health Care Services Safety Net Financing Division Attn: Medi -Cal Supplemental Payments Section 1501 Capitol Avenue, MS 4504 P.Q. Box 997436 Sacramento, CA 95899-7436 7. Scooe of Work In consideration of the payments hereinafter set forth, Contractor shall perform the activities related to administering the GEMT supplemental reimbursement program as described in Schedule A, attached hereto and incorporated by reference herein. It is understood by both SMFD and Contractor that payments set forth under this Agreement are for the purpose of reimbursing Contractor for all direct and indirect expenses related to performing these activities. Should the scope of work or services to be performed under this Agreement conflict with Contractor's responsibilities as the single agency for Medicaid in California (Medi -Cal), the single state agency responsibilities shall take precedence. 8. Amendments. Amendments to this Agreement shall be made only by a written agreement signed by the parties to this Agreement, and if required by State law, by approval of the California Department of General Services. 9. Termination. This Agreement may be terminated by any party upon written notice given at least thirty (30) calendar days prior to the termination date. Notice shall be addressed to the respective parties as identified in Provision 5 of this Agreement. SMFD shall be obligated to pay for all services duly performed by Contractor until the termination date. 10. General Provisions. A. Indemnification. It is agreed that SMFD shall defend, hold harmless, and indemnify Contractor, its officers, employees, and agents from any and all claims liability, loss or expense (including reasonable attorney fees) for injuries or damage to any person and/or any property which arise out of the terms and conditions of this Agreement and the negligent or intentional acts or omissions of SMFD, its officers, employees, or agents. B. Severability. If any term, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way. Notwithstanding the previous sentence, if a decision by a court of competent jurisdiction invalidates, voids, or renders unenforceable a term, condition, or provision in this Agreement that is included in the purpose of this Agreement then the parties to this Agreement shall either amend this Agreement pursuant to Provision B. Or it shall be terminated. C. Records. 1) Upon written notice, Contractor agrees to provide to SMFD or any federal or State department having monitoring or reviewing authority, access to and the right to examine and audit its applicable records and documents for compliance with relevant federal and State statutes, rules and regulations, and this Agreement. 2) Contractor shall maintain and preserve all records relating to this Agreement for a period of three (3) years from the termination date of this Agreement, or until audit findings are resolved, whichever is greater. D. Compliance with Applicable Laws. All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable federal and State laws, including, but not limited to: 1) The Americans with Disabilities Act of 1990, as amended; 2) Section 504 of the Rehabilitation Act of 1973, as amended; 3) Title 42, United States Code (U.S.C.) § 1396 at seq.; 4) Welfare and Institutions Code (W&I), § 14000 et seq; 5) Government Code § 53060; 6) The California Medicaid State Plan; 7) Laws and regulations including, but not limited to licensure, certification, confidentiality of records, quality assurance, and nondiscrimination. E. Controlling law. The validity of this Agreement and its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation and performance of this Agreement shall be governed by the laws of the State of California. F. Integration Clause. This Agreement and any exhibits attached hereto shall constitute the entire agreement among the parties to it and supersedes any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to this Agreement. G. Provider Participation Agreement. This Agreement does not alter, amend, or override any of the eligible provider's obligations and SMFD's obligations contained in the Provider Participation Agreement. The Provider Participation Agreement is an agreement between the Contractor and each of the eligible providers, including SMFD in its capacity as an eligible provider. The Provider Participation Agreement provides the terms and conditions for the eligible providers to participate in the supplemental payment program. Such terms and conditions include, but are not limited to, (i) the requirement that the eligible providers reimburse SMFD for their share of the administrative costs incurred by the Contactor in administering the supplemental payment program authorized in section 14105.94(d), and (ii) the term that the Contractor shall immediately and automatically without prior notice cease making supplemental payments and initiate a recovery effort against an eligible provider that fails to pay its administrative costs pursuant to the terms of the Provider Participation Agreement. The persons signing this Agreement on behalf of SMFD and Contractor, as applicable, represent and warrant that he or she is an individual duly authorized and having authority to sign on behalf of, and approve for, SMFD or Contractor, as applicable, and is authorized and designated to enter into and approve this Agreement on behalf of SMFD or Contractor, as applicable. SACRAMENven�jll LITAN FIRE DISTRICT Signature:Name: Kurt� Title: Fire Chief Date: SACRAMENTQ-AhET POLITAN FIRE DISTRICT Signaturq-,-'� Name: S gh Title: Assistant Chief Date: '//Z/i3 CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES ContractMa agemen Unit Signature e� Name:La-t-,tNn L6 A-P-C Title: CC'S Date: Z bll��; CALIFORNIA DEPARTMENT OF GENERAL SERVICES Office of Legal Services Signature: Name: Title: Date: APPROVED i --r T OF GENERA.. k�ltlk� z SCHEDULE A SCOPE OF WORK CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES JULY 1, 2011 - JUNE 30, 2014 Contractor agrees to: A. Lead the development, implementation, and administration for the GEMT program and ensure compliance with provision set forth in SPA 09-024. B. Submit claims for federal financial participation (FFP) based on expenditures for GEMT services that are allowable expenditures under federal law. C. On an annual basis, submit any necessary materials to the federal government to provide assurances that claims for FFP will include only those expenditures that are allowable under federal law. D. Reconcile certified public expenditure (CPE) invoices with supplemental reimbursement payments and ensure that the total Medi -Cal reimbursement provided to eligible GEMT providers will not exceed applicable federal upper payment limit as described in 42 C.F.R. 447 -Payments For Services. E. Complete the audit and settlement process of the interim reconciliations for the claiming period within three years of the postmark date of the cost report and conduct on-site audits as necessary. F. Calculate the actual costs for administrative accounting, policy development, and data processing maintenance activities, including the indirect costs related to the Medi -Cal Ground Emergency Medical Transportation Services (GEMT) supplemental reimbursement program provided by its staff based upon a cost accounting system which is in accordance with the provisions of Office of Management and Budget Circular A-87 and 45 Code of Federal Regulations Parts 74 and 95. G. Maintain accounting records to a level of detail which identifies the actual expenditures incurred for personnel services which includes salary/wages, benefits, travel and overhead costs for Contractor's staff, as well as equipment and all related operating expenses applicable to these positions to include, but not limited to, general expense, rent and supplies, and travel cost for identified staff and managerial staff working specifically on activities or assignments directly related to the GEMT supplemental reimbursement program. Accounting records shall include continuous time logs for identified staff that record time spent in the following areas: the GEMT supplemental reimbursement program, general administration. H. Ensure that an appropriate audit trail exists within Contractor records and accounting system and maintain expenditure data as indicated in this Agreement. I. Designate a person to act as liaison with SMFD in regard to issues concerning this Agreement. This person shall be identified to SMFD's contact person for this Agreement. Provide a written response by email or mail to SMFD's contact person within thirty (30) days of receiving a written request for information related to the GEMT supplemental reimbursement program. K. Provide accounting, and program technical assistance, and training related to the GEMT supplemental reimbursement program to SMFD personnel after receiving a written request from SMFD contact person. 4 "" Sacramento Metropolitan Fire Metro Fire WIL 10545 Armstrong Ave., Suite #200, Mather, CA 95655 (916) 859-4300 Fax (916) 859-3700 KURT P. HENKE Fire Chief SACRAMENTO METROPOLITAN FIRE DISTRICT DIRECT PAYMENT AUTHORIZATION FORM I authorize the Sacramento Metropolitan Fire District to initiate electronic debit entries to our organization's ❑ Checking account (or) ❑ Savings account for payment of our annual GEMT administration fee. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. This authority will remain in effect for future annual GEMT administration fees until I have cancelled it in writing. FINANCIAL INSTITUTION NAME FINANCIAL INSTITUTION CITY AND STATE ACCOUNT NUMBER ROUTING NUMBER YOUR EMAIL ADDRESS YOUR TELEPHONE NUMBER ORGANIZATION NAME: PRINTED NAME: SIGNATURE TITLE: DATE Mail completed form to: Sacramento Metropolitan Fire District Attention: Accounts Receivable 10545 Armstrong Ave, Suite 200 Mather, CA 95655