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R01-306RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LETTER OF AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE AGENCY FOR HEALTH CARE ADMINISTRATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Office of the Attorney General (OAG) commenced an investigation of the City' s medicaid billing to the Agency for Health Care Admlnisl:ration (AIzlCA) for the time period of April 1, 1997 through April 1, 2001; and WHEREAS, the OAG concluded from that investigation that the City billed exclusively at the ALS level; and WltEREAS, the City and the OAG desire to conclude the aforementioned tnvestigation and to settle and compromise all claims arising out of such investigation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does tereby authorize and direct the Mayor and City Clerk to execute a Letter of Agreemem ,etween the City of Boynton Beach and the Agency for Health Care Administration, in full settlement of any and all claims related ro the investigation by the Office of the Attorney General for the time period from April 1, 1997, through April 1,2001, in the amount of $11,576.48, a copy of said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~o day of November, 2001. Commissioner ATTEST: LETTER OF AGREEMENT Entered into this ~o day of Iqt~¢~,mbes' , 2001. This LETTER OF AGREEMENT is entered into between the City of Boynton Beach, a political subdivision of the State of Florida (hereinafter known as the "City"), and the State of Florida, acting through the Office of the Attorney General (hereinafter known as "OAG") and the Agency for Health Care Administration (hereinafter known as the "AHCA"). The OAG commenced an Invesugation of the City's medicaid billing to the AHCA for the time period of April I, 1997 through April 1, 2001. The OAG concluded that during that period, the City billed exclusively at the ALS level. The City and the OAG desire to conclude the aforementioned investigation and to settle and compromise all claims arising out of such investigation that were asserted or maintained, could have been asserted or maintained, or which in the future could be asserted or maintained by the OAG or the AHCA. In consideration of the premises and mutual promises, agreements and convenants herein, including, but not limited to, the payment of the sum of $11,576.48, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows: 1. As used herein the term "Investigation" shall mean the OAG's examination of the City's alleged receipt of Medicaid overpayments for Medicaid claims billed as Advanced Life Support Services when they should have been billed as lower-paying services during the period of April 1, 1997 through April 1, 2001. 2. The term "Parties" used in this letter of Agreement shall collectively refer to the City and the OAG. 3. R is expressly understood and agreed between the Parties that his Letter of Agreement, and the payment and release provided hereunder, are not and shall not be construed to be an admission of liability or any acknowledgment of the validity of any of the claims which were or which could have been asserted bythe OAG against the City, arising out of the Investigation, which liability or validity is hereby expressly denied by the City. The City, on be half of itself, its successors, assi~n~, officers, directors, employees, and other representatives, agrees to pay the State of Florida the sum of $11, 576.48. 5. The City agrees to pay the amount provided in paragraph 4 above in one lump-sum payment to the OAG, within 30 days of the date of this Letter of Agreement. Said payment shall be made by either cashier's check, City check or wire transfer, made payable to the Medicaid Trust Fund. If full payment is not made as provided this Letter of Agreement shall be of no further rome or effect and neither Party shall have any right hereunder unless the payment date is extended by the OAG at its sole discretion. 6. Upon full pa.vment to the OAG of the amount provided ha paragraph 4 above, the OAG hereby agrees to release, acquit, and forever discharge the City from any and all actions, causes of action, obligations, liabilities, claims, or demands for compensatory, special, punitive, exemplary or treble damages, claims or relief, or demand whatsoever m law or in equity, civil, criminal or administrative, which were asserted or maintained against the City by the OAG or the ACHA in any action or proceeding, based upon, arising out of, related to or connected with; directly or indirectly, any of the matters of the Investigation. 7. The Parties have agreed that the payment, agreements and settlement made pursuant to this Letter of Agreement constitute a complete resolution and settlement of all issues and matters relating to or the subject of the Investigation. Upon the City's fulfillment of its obligations under this Letter of Agreement, and payment of the sum provided herein, the Investigation, as defined above, shall be concluded. the Parties. This Letter of Agreemem shall be binding upon and inure to the benefit of This Letter of Agreement constitutes the entire agreement between the Parties with regard to the subject matter contained herein and all prior negotiations and understandings between the Parties shall be deemed merged into this Letter of Agreement. 10. No representatives, warranties or inducements have been made by the OAG concerning this Letter of Agreement other than those representatives, warranties or covenants contained herein. i 1. No waiver, modification or amendment of the terms of this Letter of Agreement shall be valid or binding unless in writing, signed by the Party to be charged and then only to the extent set forth in such written waiver, modification, or amendment. 12. Any failure by any Party to the Letter of Agreement to insist upon the strict performance by any other Part of any of the provisions contained herein, shall not be deemed a waiver of any of the provisions of this Letter of Agreement, and such party: notwithstanding such failure, shall have the fight thereafter to insist upon the specific performance of any and all of the provisions of this Letter of Agreement. 13. This Letter of Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to its conflict of law prmciples~ 14. The Parties acknowledge that this Letter of Agreement is being entered into ro avoid the expense and length of farther legal proceedings, taking into account the uncertainty and risk inherent in any litigation. 15. This Letter of Agreement, any exhibit or document referenced herein, any action taken to reach, effectuate or farther this Letter of Agreement, and the terms set forth.herein, shall not be construed as, or used as, an admission by or against any of the Parties of any fault, wrgngdoing, or liability whatsoever, or as a waiver or limitation of any defenses otherwise available any of the Parties. Entering into or carrying out this Letter of Agreement, or any negotiations or proceedings related thereto, shall not m any event be construed as, or deemed to be evidence of, an admission or concession by any of the Parties, or to be a waiver of any applicable defense. However, nothing in this letter of Agreement. including this paragraph, sliall be construed to limit or restrict the City's right to utilize this Letter of Agreemem, or payments made hereunder, to assert and maintain the defenses of res judicata, collateral estopppel, payment, compromise and settlement, accord and satisfaction, or any l~gal or equitalile defenses in any pending or fature legal or administrative action or proceedings. 16. If any clause, provision, or section of this Letter of Agreemem shall, for any reason, be held illegal, invalid or unenforceable, such illegality, invalidity or unenforeeability shall not affect any other clause, prowsion, or section representatives, warranties or inducements of this letter of Agreement and this Letter of Agreement shall be consumed and enforced as if such illegal, invalid, or unenforceable clause, section or other provision had not been contained herein. 17. This Letter of Agreement was executed after arms length negotiations between the Parties and reflects the conclusion of the Parties that his Letter of Agreement is in the best interests of all the Parties. 18. Each of the Parties has participated jointly in the drafdng of this Letter of Agreement, and therefore the terms of this Settlement Agreement are not intended to be construed against any of the Parties by virtue of draftsmanship. CITY OF BOYNTON BEACH ed as to Form: OFFICE OF THE A~-,OKNEY GENERAL DEPARTMENT O~ Deputy Attorney General of the State of Florida The Cit of Bo mton Beach OFFICE OF THE C1TY'ATTORNEy '100 E. ~yn~on Beach ~ P.O. ~ 310 ~y~on ~ ~o~ ~42~310 PHO~: (S61) 74~0S0 ~: {S6I] 74~0S4 November 7, 2001 Scott J. Flint, Assistant Attorney General Office of the Attorney General 2002 N. Lois Avenue, Suite 515 Westwood Center, 5~ Floor Tampa, Florida 33607-2366 Re: City of Boynton Beach/Medicaid Overpayment Dear Mr. Flint: Please find enclosed two (2) identical drafts of a Letter. of Agreement for your review and comment. Note that the la~,age is close to the same as the Settlement Agreement enclosed with your letter of October 4, 2001. As we discussed, the City of Boynton Beach wishes to forward payment in the sum of $11,576.48, but would prefer to si~n the enclosed document. Because the City can only remit payment upon approval of the City Commission, we have changed the payment terms from 10 days to 30 days from the date of the Letter of Agreement. Kindly let me know whether the Letter of Agreement is acceptable. If same meets with the approval of the Office of the Attorney General, kindly sign both Letters and the City will place the issue on the agenda for the next meeting of the City Commission and forward payment immediately following the meeting. If you should have any questions, please do not hesitate to contact me. Sincerely yours, NANCY R. KRAMER Assistant City Attorney, City of Boynton Beach CC: Kurt Bresner, City Manager Chief J. Ness, Deputy Fire Chief James A. Cherof, City Attorney End H:\1990\900182.BBXLETTI~NAtw Gen Ltrll.0?.01.doc America's Gateway W tile (~lf, strearrt