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HomeMy WebLinkAboutCC Resolution 14520 (Intergovernmental Transfer)RESOLUTION NO. 14520 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO ALLOW THE SAN RAFAEL FIRE DEPARTMENT TO PARTICIPATE IN AN INTERGOVERNMENTAL TRANSFER WITH THE CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (DHCS) IN ORDER TO INCREASE THE DEPARTMENT’S REIMBURSEMENT FOR EMS AMBULANCE TRANSPORT SERVICES PROVIDED TO COUNTY HEALTH PLAN (PARTNERSHIP HEALTH PLAN) MEMBERS FOR FY 2017-2018. WHEREAS, the City of San Rafael, through its Fire Department, regularly provides emergency ambulance transport to persons who are Medi-Cal patients enrolled in managed care plans; and WHEREAS, the City participates in various governmental programs that provide reimbursement of costs incurred in providing such emergency services to Medi-Cal patients; and WHEREAS, pursuant to the authority of Welfare & Institutions Code sections 14164 and 14301.4, since 2006 the California Department of Health Care Services (DHCS) has been offering a voluntary rate range Intergovernmental Transfer Program to allow healthcare providers such as the City of San Rafael Fire Department to access federal matching funds for reimbursement through their Medi-Cal Managed Care Health Plan Providers; and WHEREAS, the City may pursue an Intergovernmental Transfer to DHCS through its Medi-Cal Managed Care Health Plan Provider, Partnership Health Plan of California (PHC); and WHEREAS, by participating in the Intergovernmental Transfer Program, the City will receive reimbursements for a larger proportion of its actual costs for providing emergency ambulance transport to Medi-Cal patients enrolled in managed care plans; and WHEREAS, under the Intergovernmental Transfer Program, the funds shall be transferred in accordance with a mutually agreed upon schedule between the City of San Rafael and DHCS. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby authorize the San Rafael Fire Department to participate in an Intergovernmental Transfer (IGT) with the California Department of Health Care Services (DHCS) in order to increase the Department’s reimbursement for EMS ambulance transport services provided to Partnership Health Plan of California (PHC) members for FY 2017-2018, and authorizes the City Manager to execute the Intergovernmental Agreement Regarding Transfer of Public Funds attached hereto as Exhibit I and incorporated herein by reference, subject to final approval as to form by the City Attorney. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute the Health Plan-Provider Agreement with PHC attached hereto as Exhibit II and incorporated herein by reference, for the San Rafael Fire Department’s participation in an Intergovernmental Transfer, subject to final approval as to form by the City Attorney. BE IT FURTHER RESOLVED, that the City Council does hereby authorize the transfer of funds to DHCS pursuant to such agreements, in an amount approved by the City Manager and in accordance with a mutually agreed upon schedule, to be used solely as a portion of the non- federal share of actuarially sound Medi-Cal managed care capitation rate increases for the Partnership Health Care period of July 1, 2017 through June 30, 2018. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 18th day of June, 2018, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, McCullough & Vice-Mayor Gamblin NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin & Mayor Phillips ______________________________ LINDSAY LARA, City Clerk CONTRACT #17-94812 INTERGOVERNMENTAL AGREEMENT REGARDING TRANSFER OF PUBLIC FUNDS This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES ("DHCS") and the CITY OF SAN RAFAEL,FIRE DEP ARTMENT (GOVERNMENTAL FUNDING ENTITY) with respect to the matters set forth below. The parties agree as follows: AGREEMENT 1. Transfer of Public Funds 1.1 The GOVERNMENTAL FUNDING ENTITY agrees to make a transfer of funds to DHCS pursuant to sections 14164 and 14301.4 of the Welfare and Institutions Code. The amount transferred shall be based on the sum of the following rate category per member per month (PMPM) contribution· increments multiplied by member months: Funding Entity: . ~ity of San Rafael Fire Department Health Plan: ~artnership Rating Region: Marin Estimated Contribution Estimated Contribution (Non- Rate Category PMPM Member Months Federal Share) Child -non MCHIP $ 0.30 120,452 $ 36,136 Child -MCHIP $ 0.07 62,220 $ 4,355 Adult -non MCHIP $ 0.72 51,994 $ 37,436 Adult -MCHIP $ 0.17 3,040 $ 517 SPD $ 2.41 26,471 $ 63,795 SPD Full Dual $ 0.36 51,105 $ 18,398 BCCTP $ 5.05 688 $ 3,472 LTC $ 12.78 117 $ 1,495 LTC Full Duals $ 7.49 4,302 $ 32,218 Optional Expansion 7/2017 -1212017 $ 0.09 77,180 $ 6,946 Optional Expansion 1/2018 -6/2018 $ 0.11 77,044 $ 8,475 Estimated Total 474,611 213,243 1 Template Version-3/2018 CONTRACT #17-94812 The GOVERNMENTAL FUNDING ENTITY agrees to initially transfer amounts that are calculated using the Estimated Member Months in the chart above, which will be reconciled to actual enrollment for the service period of July 1,2017 through June 30,2018 in accordance with Sub-Section 1.3 of this Agreement. The funds transferred shall be used as described in Sub- Section 2.2 of this Agreement. The funds shall be transferred in accordance with the terms and conditions, including schedule and amount, established by DHCS. 1.2 The GOVERNMENTAL FUNDING ENTITY shall certify that the funds transferred qualify for Federal Financial Participation pursuant to 42 C.F.R. part 433, subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, Federal money excluded from use as State match, impermissible taxes, and non-bona fide provider- related donations. Impermissible sources do not include patient care or other revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding. 1.3 DHCS shall reconcile the "Estimated Member Months," in Sub-Section 1.1 of this Agreement, to actual enrollment in HEALTH PLAN(S) for the service period of July 1,2017 through June 30, 2018 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated enrollment figures become available . Actual enrollment figures will be considered fmal two years after June 30,2018. If this reconciliation results in an increase to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2 .2, the GOVERNMENTAL FUNDING ENTITY agrees to transfer any additional funds necessary to cover the difference. If this reconciliation results in a decrease to the total amount necessary to fund the nonfederal share of Template Version-3/2018 2 CONTRACT #17-94812 the payments described in Sub-Section 2.2, DHCS agrees to return the unexpended funds to the GOVERNMENTAL FUNDING ENTITY. IfDHCS and the GOVERNMENTAL FUNDING ENTITY mutually agree, amounts due to or owed by the GOVERNMENTAL FUNDING ENTITY may be offset against future transfers. 2. Acceptance and Use of Transferred Funds 2.1 DHCS shall exercise its authority under section 14164 of the Welfare and Institutions Code to accept funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to this Agreement as IGTs, to use for the purpose set forth in Sub-Section 2.2. 2.2 The funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to Section 1 of this Agreement shall be used to fund the non-federal share ofMedi-Cal Managed Care actuarially sound capitation rates described in section 14301.4(b)(4) of the Welfare and Institutions Code as reflected in the contribution PMPM and rate categories reflected in the chart set forth in Sub-Section 1.1. The funds transferred shall be paid, together with the related Federal Financial Participation, by DHCS to HEALTH PLAN(S) as part of HEALTH PLAN(S)' capitation rates for the service period of July 1,2017 through June 30, 2018, in accordance with section 14301.4 of the Welfare and Institutions Code . 2.3 DHCS shall seek Federal Financial Participation for the capitation rates specified in Sub-Section 2.2 to the full extent permitted by federal law. 2.4 The parties acknowledge that DHCS will obtain any necessary approvals from the Centers for Medicare and Medicaid Services. 2.5 DHCS shall not direct HEALTH PLAN(S)' expenditure of the payments received pursuant to Sub-Section 2.2. 3. Assessment Fee Template Version-3/2018 3 CONTRACT #17-94812 3.1 DHCS shall exercise its authority under section 14301.4 of the Welfare and Institutions Code to assess a 20 percent fee related to the amounts transferred pursuant to Section 1 of this Agreement, except as provided in Sub-Section 3.2. GOVERNMENTAL FUNDING ENTITY agrees to pay the full amount of that assessment in addition to the funds transferred pursuant to Section 1 of this Agreement. 3.2 The 20-percent assessment fee shall not be applied to any portion of funds transferred pursuant to Section 1 that are exempt in accordance with sections 1430 1.4( d) or 14301.5(b)(4) of the Welfare and Institutions Code. DHCS shall have sole discretion to determine the amount of the funds transferred pursuant to Section 1 that will not be subject to a 20 percent fee. DHCS has determined that $0.00 of the transfer amounts, will not be assessed a 20 percent fee, subject to Sub-Section 3.3. 3.3 The 20-percent assessment fee pursuant to this Agreement is non- refundable and shall be wired to DHCS separately from, and simultaneous to, the transfer amounts made under Section 1 of this Agreement. If, at the time of the reconciliation performed pursuant to Sub-Section 1.3 of this Agreement, there is a change in the amount transferred that is subject to the 20-percent assessment in accordance with Sub-Section 3.1, then a proportional adjustment to the assessment fee will be made. 4. Amendments 4.1 No amendment or modification to this Agreement shall be binding on either party unless made in writing and executed by both parties. 4.2 The parties shall negotiate in good faith to amend this Agreement as necessary and appropriate to implement the requirements set forth in Section 2 of this Agreement. Template Version-3/2018 4 CONTRACT #17-94812 5. Notices. Any and all notices required, permitted or desired to be given hereunder by one party to the other shall be in writing and shall be delivered to the other party personally or by United States First Class, Certified or Registered mail with postage prepaid, addressed to the other party at the address set forth below: To the GOVERNMENTAL FUNDING ENTITY: Jim Schutz, City Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Jim. Schutz@cityofsanrafael.org With copies to: ToDHCS: Chris Gray, Fire Chief San Rafael Fire Department 1600 Los Gamos Drive, Suite 345 San Rafael, CA 94903 Chris.Gray@cityofsanrafael.org And Carolyn Stewart Senior Director of Financial Analysis Partnership HealthPlan of California 4665 Business Center Drive Fairfield, CA, 94534 CStewart@partnershiphp.org Sandra Dixon California Department of Health Care Services Capitated Rates Development Division 1501 Capitol Ave., Suite 71-4002 MS 4413 Sacramento, CA 95814 Sandra.Dixon@dhcs.ca.gov Template Version-3/2018 5 CONTRACT #17-94812 6. Other Provisions 6.1 This Agreement contains the entire Agreement between the parties with respect to the Medi-Cal payments described in Sub-Section 2.2 of this Agreement that are funded by the GOVERNMENTAL FUNDING ENTITY, and supersedes any previous or contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements between the GOVERNMENTAL FUNDING ENTITY and DHCS relating to the subject matter of this Agreement. 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. This Agreement shall not modify the terms of any other agreement, existing or entered into in the future, between the parties. 6.2 The non-enforcement or other waiver of any provision of this Agreement shall not be construed as a continuing waiver or as a waiver of any other provision of this Agreement. 6.3 Sections 2 and 3 of this Agreement shall survive the expiration or termination of this Agreement. 6.4 Nothing in this Agreement is intended to confer any rights or remedies on any third party, including, without limitation, any provider(s) or groups of providers, or any right to medical services for any individual(s) or groups of individuals. Accordingly, there shall be no third party beneficiary of this Agreement. 6.5 Time is of the essence in this Agreement. 6.6 Each party hereby represents that the person(s) executing this Agreement on its behalf is duly authorized to do so. 6 Template Version-312018 CONTRACT #17-94812 7. State Authority. Except as expressly provided herein, nothing in this Agreement shall be construed to limit, restrict, or modify the DHCS' powers, authorities, and duties under Federal and State law and regulations. 8. Approval. This Agreement is of no force and effect until signed by the parties. 9. Term. This Agreement shall be effective as ofJuly 1,2017 and shall expire as of December 31,2020 unless terminated earlier by mutual agreement of the parties. SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last signature below. THE CITY OF SAN RAF AEL,FIRE DEPARTMENT By: Date: THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES: By: Date: Jennifer Lopez, Acting Division Chief, Capitated Rates Development Division Template Version-312018 7 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: Christopher Gray Extension: x3084 Contractor Name: California Department of Health Care Services (DHCS) Contractor's Contact: Sandra Dixon Contact's Email: Sandra.Dixon@dhcs.ca.gov D FPPC: Check if Contractor/Consultant must file Form 700 Step 1 2 3 4 RESPONSIBLE DEPARTMENT Project Manager City Attorney Project Manager Project Manager DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Forward three (3) originals of final agreement to contractor for their signature When necessary, * contractor-signed agreement agendized for Council approval *P5A > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 COMPLETED DATE Click here to enter a date. Click here to enter a date. CI ick here to enter a date. Click here to enter a date. Click here to enter a date. D N/A Or r-----""" Date of Council approval ( 6/18/2018 ,) PRINT 5 Project Manager 6 City Attorney 7 City Attorney CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed agreement Review and approve insurance in PIN,S I and bonds (for Public Works Contracts) )J J A- REVIEWER Check/Initial D D D D D 8 City Manager / Mayor Agreement executed by Council authorized official 6-U-//f tK 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager I HEALTH PLAN -PROVIDER AGREEMENT Partnership HealthPlan of California and City of San Rafael AMENDMENT 4 This Amendment is made this 28 day of Juneby and between Partnership HealthPlan of California, a County Organized Health System hereinafter referred to as "PLAN", and City of San Rafael hereinafter referred to as "PROVIDER". RECITALS: WHEREAS, PLAN and PROVIDER have previously entered into an Agreement effective June 1, 2014; WHEREAS, Section 9.2 of such Agreement provides for amending such Agreement; WHEREAS, PLAN has been created by its Boards of Supervisors to negotiate exclusive contracts with the California Department of Health Care Services and to arrange for the provision of PLAN covered health care services to PLAN beneficiaries in Marin County and PLAN is a public entity, created pursuant to Welfare and Institutions Code 14087.54 and County Code Chapters 7.2, County Code Chapters 34, County Code Chapters 2.40, County Code Chapters 2.0, 8.69, and County Code Chapters 2.0. WHEREAS, City of San Rafael Fire Department provides emergency medical services and contract with the PLAN to provide these services to Medi -Cal beneficiaries. WHEREAS, PLAN and PROVIDER desire to amend the Agreement to provide for Medi -Cal managed care capitation rate increases to PLAN as a result of intergovernmental transfers ("IGTs") from City of San Rafael to the California Department of Health Care Services ("State DHCS") to maintain the availability of PLAN covered health care services to PLAN beneficiaries. NOW, THEREFORE, PLAN and PROVIDER hereby agree as follows: Attachment D of the Agreement is added to amend the agreement as follows: San Rafael M/Partnership IGT MEDI-CAL MANAGED CARE CAPITATION INCREASES 1. IGT Capitation Increases to PLAN A. Payment Should PLAN receive any Medi -Cal managed care capitation rate increases from State DHCS where the nonfederal share is funded by the City of San Rafael effective July 1, 2017 for Intergovernmental Transfer Medi -Cal Managed Care Increases ("IGT MMCIs"), PLAN shall pay to PROVIDER the amount of the IGT MMCIs received from State DHCS, in accordance with paragraph LE below regarding the form and timing of Local Medi -Cal Managed Care ("LMMC") IGT Payments. LMMC IGT Payments paid to PROVIDER shall not replace or supplant any other amounts paid or payable to PROVIDER by PLAN. B. Health Plan Retention (1) Medi -Cal Managed Care Seller's Tax The PLAN shall be responsible to pay the applicable State Agency pursuant to the Revenue and Taxation Code Section 6175 relating to any IGT MMCIs. (2) The PLAN shall retain a three percent (3%) administrative fee based on the total amount of the IGT MMCIs received from DHCS for PLAN'S administrative costs. Each provider's share of the 3% fee shall be calculated based on that provider's proportionate share of the LMMCIGT payments made by Plan in the PROVIDER'S County. C. Form and Timinia of Pavments PLAN agrees to pay LMMCRR IGT Payments to PROVIDER in the following form and according to the following schedule: (1) PLAN agrees to pay the LMMC IGT Payments to PROVIDER using the same mechanism through which compensation and payments are normally paid to PROVIDER (e.g., electronic transfer). (2) PLAN will pay the LMMCIGT Payments to PROVIDER no later than thirty (30) calendar days after receipt of the IGT MMCIs from State DHCS. D. Consideration (1) As consideration for the LMMC IGT Payments, PROVIDER shall use the LMMC IGT Payments for the following purposes and shall treat the LMMC IGT Payments in the following manner: (a) The LMMC IGT Payments shall represent compensation for Medi - Cal PLAN services rendered to Medi -Cal PLAN members by PROVIDER during the State fiscal year to which the LMMC IGT Payments apply. 2 Template Version -1/20/12 San Rafael FD/Partnership (2) If the retained LMMC IGT Payments, if any, are not used by PROVIDER in the State fiscal year received, retention of funds by PROVIDER will be established by demonstrating that the retained earnings account of PROVIDER at the end of any State fiscal year in which it received payments based on LMMC IGT Payments funded pursuant to the Intergovernmental Agreement, has increased over the unspent portion of the prior State fiscal year's balance by the amount of LMMC IGT Payments received, but not used. (3) Both parties agree that none of these funds, either from the City of San Rafal, or federal matching funds will be recycled back to the City of San Rafael general fund, the State, or any other intermediary organization. Payments made by the health plan to providers under the terms of this Amendment constitute patient care revenues. E. Cooperation Among Parties Should disputes or disagreements arise regarding the ultimate computation or appropriateness of any aspect of the LMMC IGT Payments, PROVIDER and PLAN agree to work together in all respects to support and preserve the LMMC IGT Payments to the full extent possible on behalf of the safety net in Marin County. F. Reconciliation Within one hundred twenty (120) calendar days after the end of each of PLAN's fiscal years in which LMMC IGT Payments were made to PROVIDER, PLAN shall perform a reconciliation of the LMMC IGT Payments transmitted to the PROVIDER during the preceding fiscal year to ensure that the supporting amount of IGT MMCIs were received by PLAN from State DHCS. PROVIDER agrees to return to PLAN any overpayment of LMMCIGT Payments made in error to PROVIDER within thirty (30) calendar days after receipt from PLAN of a written notice of the overpayment error, unless PROVIDER Submits a written objection to PLAN. Any such objection shall be resolved in accordance with the dispute resolution processes set forth in Section 10.3 of the Agreement. The reconciliation processes established under this paragraph are distinct from the indemnification provisions set forth in Section J below. PLAN agrees to transmit to the PROVIDER any underpayment of LMMC IGT Payments within thirty (30) calendar days of PLAN's identification of such underpayment. G. Indemnification PROVIDER shall indemnify PLAN in the event DHCS or any other federal or state agency recoups, offsets, or otherwise withholds any monies from or fails to provide any monies to PLAN, or PLAN is denied any monies to which it otherwise would have been entitled, as a direct result of the LMMC IGT arising from the Intergovernmental Agreement. Recovery by PLAN pursuant to this section shall include, but not be limited to, reduction in future LMMC IGTs paid to PROVIDER in an amount equal to the amount of MMCI payments withheld or 3 Template Version -1/20/12 San Rafael FD/Partnership IGTs paid to PROVIDER in an amount equal to the amount of MMCI payments withheld or recovered from PLAN, or by an offset of any other amounts owed by PLAN to PROVIDER, including but not limited to payments for direct service rendered. Remittance Information The IGT -funded payments made by the PLAN pursuant to this Amendment only, shall be mailed to the PROVIDER at the address set forth below: Jim Schutz, City Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 2. Term The term of this Amendment shall commence on July 1, 2017 through June 30, 2020. PHC reserves the right to immediately terminate this IGT Amendment prior to June 30, 2020, if DHCS suspends or discontinues the IGT funding described in this Amendment. PHC will promptly provide formal notice to the provider upon said suspension or discontinuation. All other terms and provisions of said Agreement shall remain in full force and effect so that all rights, duties and obligations, and liabilities of the parties hereto otherwise remain unchanged; provided, however, if there is any conflict between the terms of this Amendment and the Agreement, then the terms of this Amendment shall govern. SIGNATURES HEALTH PLAN: �- Date: xVtx Iq , V By: Elizabeth Gibboney, CEQ, Partnership HealthPlan u€ California PROVIDER: 'NL U, By: Jim Schutz,(City' anager, City oI San Rafael Date: 4 Template Version -1/20/12 San Rafael FD/Partnership CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: Christopher Gray Extension: x3084 Contractor Name: Partnership HealthPlan of California (PHC) Contractors Contact: Belinda Love Contact's Email: blove@partnershiphp.org D FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PIN)' and bonds (for Public Works Contracts) k J k 8 City Manager / Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE Click here to enter a date . Click h ere to enter a date . Click here to enter a date . Click here to enter a date. Click here to enter a date . D N/A Or (~/18/2018) ~/2Z)Jt? ~ ) '/.;1..-1/~ A-Z6 --/k' ~)A- REVIEWER Check/Initial D D ~ g)r D D D AA- ~ (( K ~fJG-