Loading...
02/16/2011 AgreementDANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE. February 24, 2011 TO. Suzanne A. Hutton County Attorney ATTN. Kathy M. Peters Executive Assistant FROM. Pamela G. HancW fD. R � C �IV�t� ri'rt �D r At the February 16, 2011, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item N5 Settlement Agreement in the matter of Key West HMA, LLC v. Monroe County, CA K 09 -2158. Enclosed is a the original Agreement for your handling. Should you have any questions, please feel free to contact this office. cc: Finance File CZ w �_ _ R I IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY KEY WEST HMA, LLC d/b /a LOWER KEYS MEDICAL CENTER, and as DEPOO HOSPITAL, Plaintiff, V. MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS, Defendant. Case No. 09CA2158K Judge Audlin SETTLEMENT AGREEMENT THIS AGREEMENT, made as of the 16th da of February, 2011, by and between KEY WEST HMA, LLC DB /A LOWER KEYS MEDICAL CENTER AND AS DEPOO HOSPITAL, a limited liability company organized under the laws of the State of Florida, having an office for the transaction of business at 5811 Pelican Bay Blvd., Naples, Florida 34108 (hereinafter "HMA/LKMC ") and the Board of County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida, having an office for the transaction of business at 1100 Simonton Street, Key West, Florida 33040 (hereinafter "Monroe County"). Although not a party to the suit or the Settlement Agreement, the "County Clerk" is an independently elected, constitutional officer who serves as the auditor for "Monroe County" under Florida law and whose address for receiving notice, reports, and/or audits called for in this Settlement Agreement is 500 Whitehead Street, Key West, Florida 33040. WHEREAS, the parties to the litigation entitled Key West HMA, LLC d/b /a Lower Keys Medical Center and as dePoo Hospital v. Monroe County Board of County Commissioners, Circuit Court of the Sixteenth Judicial Circuit, Monroe County, Florida, Case No. 44- 2009 -CA- 002158- A001 -KW wish to resolve all issues raised in the pleadings amicably and buy peace in the matter, do hereby enter into this Settlement Agreement containing the following terms. NOW, THEREFORE, the parties agree as follows: 1. Subject to approval of this agreement by the Board of County Commissioner of Monroe County at a public meeting held in compliance with F.S. 286.011, Monroe County agrees to pay HMAJLKMC $625,000.00 in full satisfaction of all claims relating to Baker Act Services as described in the Complaint. This figure is inclusive of any and all claims, however characterized, including, but not limited to, statutory obligations, contractual obligations and any obligations relating to payment of interest or attorney's fees or expenses. 2. To satisfy this provision, Monroe County shall make two payments of $312,500.00, the first of which shall be made within 30 days after this agreement is ratified and approved by the Court. The second payment shall be by October 21, 2011. Each payment shall be made payable to Key West HMA, LLC. 2 3. On a going forward basis, the parties wish to agree to a transparent, easily understood method/protocol for payment of the County's local matching for the Department of Children and Families (hereinafter "DCF ") grant contracts for Baker Act mental health services in Monroe County, Florida. a. As soon as HMA/LKMC is awarded a contract grant for Baker Act services, a complete copy of said contract, including the financial terms, shall be made available to Monroe County's Budget Office, 1100 Simonton Street, Key West, FL 33040. b. This information shall be transmitted to Monroe County as soon as possible, upon contract approval, for the purpose of notifying Monroe County of its potential local matching fund obligation for budgeting purposes. MECHANICS OF PAYMENT 4. It is assumed that payments by DCF or its authorized designee to HMA/LKMC will continue to be made as they have been in the past, which is on a monthly basis. 5. Payments to HMA/LKMC by DCF or its authorized designee are based upon requisition/vouchers to DCF or its authorized designee by HMA/LKMC which are accompanied by proof that HMA/LKMC has met the performance criteria specified in the underlying grant contract. 3 6. Payments are made by DCF or its authorized designee by wire transfer to HMA/LKMC. 7. The parties agree that HMA/LKMC, upon receipt of a periodic payment from DCF or its authorized designee, which in the past and it is anticipated in the future will be on a monthly basis, will transmit such proof to the Monroe County Budget Office. 8. Upon receipt of proof of such payment, Monroe County will be obligated to pay HMA/LKMC the statutory local matching funds attributable to such payment which shall be calculated by dividing such payment by three (3) and paying over to HMA/LKMC an amount equal to the result of such calculation. 9. Accompanying each proof of payment by DCF or its authorized designee provided to Monroe County, HMA/LKMC shall certify to the County that it has not received any other qualifying local matching funds, as that term is defined at F.S. 394.67(13), or in the event such qualifying local matching funds have been received by HMA/LKMC, HMA/LKMC shall certify the amount and source of the matching funds. Monroe County shall be entitled to take a credit against its local matching fund obligation as calculated above in the amount of other "qualified" local matching funds received by HMA/LKMC. 4 10. Monroe County specifically agrees that it will take all steps reasonably necessary to assure that this protocol shall ensure the prompt payment to HMA/LKMC of local matching funds on a monthly basis or, in any event not more than sixty (60) days from submission of proof of payment by DCF or its authorized designee to Monroe County, and further such payment shall not be conditioned upon submission of anything other than the documents specified by this Settlement Agreement. 11. Nothing in this Settlement Agreement shall entitle HMA/LKMC to receive funds other than an amount required to satisfy Monroe County's statutory obligation to provide local match funding. Should HMA/LKMC and Monroe County mutually agree to enter into an agreement for Baker Act services separate and distinct from any DCF Baker Act contract(s) described in paragraph 3 herein and calling for an amount in excess of any County local match contribution under such DCF contract(s), the terms of any such agreement shall be memorialized by a separate written instrument, which may modify or supplant the payment protocol set forth in this Settlement Agreement for local matching funds under DCF grant contracts as described in paragraph 3 herein. 5 AUDITS 12. HMA/LKMC agrees to keep such records as are necessary to document the services performed and expenses incurred and billed for under the statute and shall give access to these records at the request of Monroe County and/or the County Clerk. Access to any BNLk/LKMC records made available to the County under the terms of this paragraph shall be consistent with and in compliance with applicable Federal and State laws and regulations regarding the confidentiality of medical records. Pursuant to F.S. 394.76(10), the expenditure of funds by HMA/LKMC shall be audited annually, a complete copy of which shall be provided to the County Clerk within 15 days after said audit becomes final. In addition, HMA/LKMC agrees to provide to the County Clerk a complete copy of any audit of related Baker Act expenses conducted by DCF or by or on the direction of any other governmental entity relating to Baker Act expenses within 15 days after such an audit becomes final. If any audit exceptions result in HMA/LKMC returning or refunding funds to DCF or its authorized designee, Monroe County shall be credited with a corresponding refund under the formula. RELEASE 13. The parties further agree that in consideration of the benefits to each party provided for by this Settlement Agreement, each party hereby releases the other party, its officers, directors, agents, and/or employees, and their 0 respective heirs, assigns, and/or successors, from liability for each and every claim that was raised or which could have been raised in the complaint, or was capable of being raised against the other party either in the complaint or by separate action, arising and accruing from the beginning of time up until the date of this agreement. JUDICIAL ORDER 14. The parties agree that this Settlement Agreement shall be submitted to the Circuit Court for the Sixteenth Judicial Circuit for judicial approval and shall become effective upon Court approval in the form of a stipulated Order Approving Settlement Agreement. The Court may retain jurisdiction over this case to adjudicate any disputes arising as a result of this Settlement Agreement. ASSIGNMENT 15. This agreement is not assignable without the express written consent of the other party; such consent shall not be unreasonably withheld. MISCELLANEOUS 16. The signatories to this Settlement Agreement represent that they are fully authorized to execute this document. 7 For the Plaintiff, HMA/LKMC, Dated: Chief Executive Officer Y y L. Kolhage C rk ti by:� Deputy Cler ,Dated February 16, 2011 Approved for form: obert B. hil mge , FBN: 058262 Chief Assistant County Attorney Attorney for Respondent 8 For Defendant Monroe County