HomeMy WebLinkAboutC-8085-1A - Intergovernmental Transfer Assessment Fee 2017 #16-93702CONTRACT # 16-93702
INTERGOVERNMENTAL TRANSFER ASSESSMENT FEE
This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE
SERVICES ("State DHCS") and the City of Newport Beach, a California municipal corporation and
charter city operating through its Fire Department (GOVERNMENTAL FUNDING ENTITY) with
respect to the matters set forth below.
RECITALS
A. This Agreement is made pursuant to the authority of Welfare & Institutions Code, section
14301.4.
THEREFORE, the parties agree as follows:
AGREEMENT
Transfer of Public Funds
1.1 GOVERNMENTAL FUNDING ENTITY shall make Intergovernmental
Transfer(s) ("IGTs") to State DHCS pursuant to section 14164 of the Welfare and Institutions Code and
paragraph 1.1 of the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds contract
number 16-93671, to be used as a portion of the non-federal share of actuarially sound Medi -Cal managed
care rate range capitation increases ("non-federal share IGT") to HEALTH PLAN (Orange County Health
Authority, a California public agency dba Orange Prevention and Treatment Integrated Medical
Assistance, dba CalOptima) for the periods of July 1, 2015 to June 30, 2016 and July 1, 2016 to June 30,
2017.
1.2 The parties acknowledge that State DHCS will obtain any necessary approvals
from the Centers for Medicare and Medicaid Services ("CMS") pertaining to the acceptance of non -
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CONTRACT # 16-93702
federal share IGTs and the payment of non-federal share IGT related rate range capitation increases to
HEALTH PLAN.
2. Intereovernmental Transfer Assessment Fee
2.1 The State DHCS shall, upon acceptance of non-federal share IGTs pursuant to the
Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as described in paragraph 1
of this Agreement, exercise its authority under section 14301.4 of the Welfare and Institutions Code to
assess a 20 -percent assessment fee on the entire amount of the non-federal share IGTs to reimburse State
DHCS for the administrative costs of operating the IGT program pursuant to this section and for the
support of the Medi -Cal program.
2.2 The funds subject to the 20 -percent assessment fee shall be limited to non-federal
share IGTs made by the transferring entity, GOVERNMENTAL FUNDING ENTITY, pursuant to the
Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as described in paragraph 1
of this Agreement.
2.3 The 20 -percent fee will be assessed on the entire amount of the non-federal share
IGTs pursuant to the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as
described in paragraph 1 of this Agreement, and will be made in addition to, and transferred separately
from, the transfer of funds pursuant to the Intergovernmental Agreement(s) Regarding the Transfer of
Public Funds.
2.4 The 20 -percent assessment fee pursuant to this Agreement is non-refundable and
shall be wired to State DHCS separately from, and simultaneous to, the non-federal share IGTs pursuant
to the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as described in
paragraph 1 of this Agreement. However, if any portion of the non-federal share IGTs is not expended for
the specified rate increases stated in paragraph 2.2 of the Intergovernmental Agreement(s) Regarding the
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Transfer of Public Funds, DHCS shall return a proportionate amount of the 20 -percent assessment fee to
the GOVERNMENTAL FUNDING ENTITY.
3. Other Provisions
3.1 This Agreement contains the entire Agreement between the parties with respect to
the 20 -percent assessment fee on non-federal share IGTs pursuant to the Intergovernmental Agreement(s)
Regarding the Transfer of Public Funds, and as described in paragraph 1, and supersedes any previous or
contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements
between the GOVERNMENTAL FUNDING ENTITY and State DHCS. This Agreement is not,
however, intended to be the sole agreement between the parties on matters relating to the funding and
administration of the Medi -Cal program. One or more other agreements may exist between the parties
regarding such other matters, and other agreements may be entered into in the future. This Agreement
shall not modify the terms of any other agreement between the parties.
3.2 Time is of the essence in this Agreement.
3.3 Each party hereby represents that the person(s) executing this Agreement on its
behalf is duly authorized to do so.
4. State Authority. Except as expressly provided herein, nothing in this Agreement shall be
construed to limit, restrict, or modify State DHCS' powers, authorities, and duties under federal and state
law and regulations.
5. Approval. This Agreement is of no force and effect until signed by the parties.
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SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last
signature below.
CITY OF NEWPORT BEACH, a California
Fire Department:
M
KevinXl�, Mayor
corporation and charter city operating through its
Date: `� -Y
THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES:
By: 9� Date:
Jennifer Lopez, Acting Division Chief, Capitated Rates Development Division
APPROVED AS TO FORM:
CITY ATTQR Y'S OFFICE
Date:
ay:
Aaron C. Harp, City Attorney
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AttesL dour
Leilani I. Brown, MMC Date: