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
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