Settlement Agreement 04/16/2003
Cleltl Itlhe
Circul coun
Danny L. Kolhage
Office (805) 292-8550 Fax (805) 295-8668
Memorandum
To:
Louis LaTorre, Director
Social Services
From:
Isabel C. DeSantis, . ~ /J.
Deputy Clerk ~
Date:
Thursday, April 24, 2003
At the BOCC meeting of Apri116, 2003, the Board approved the fOllowing:
Settlement Agreement between the Florida Department of Children and Families
and the Monroe County Board of County CommissionersIMonroe County Social Services
(Monroe County In Home Service Program, the Case Management Agency). Approval of
this Settlement will allow for payment of funds under Contract KG036 (7-1-02 through
2-28-03).
Amendment #0001 to Contract KG042 Community Care for Disabled Adults for
3/01/03 through 6/30/03 between the State of Florida, Department of Children & Families
and the Monroe County Board of County Commissioners/Monroe County Social Services
(Monroe County In Home Service Program, the Case Management Agency).
Enclosed please find four (4) duplicate originals of the Settlement Agreement and
four (4) duplicate originals of the Amendment both executed by Monroe County for your
handling. Please be sure that the sets marked Monroe County Clerk's Office Original
and Monroe County Finance Department's Original are returned to my office as
quickly as possible.
Should you have any questions, please do not hesitate to contact this office.
cc: Finance
County Attorney
File v
MEMORANDUM
TO:
Danny L. Kolhage,
Clerk of Court
Attention: Belle
FROM:
Louis LaTorre, Director
Social Services
DATE:
May 13, 2003
RE: Settlement Agreement between Florida Department of
Children and Families and Board of County Commissioners
Of Monroe County (Reimbursement for Community Care for
Disabled Adults)
For your records, attached please find the fully-executed Clerk's
Original and the Finance Department's Original of the above-
captioned Agreement.
Cc: Suzanne Hutton, Assistant County Attorney (Original)
Dee Simpson, Sr. Adm., In-Home Services (Copy)
File
~((IHIL^DREN
" FAMILIES
Jeb Bush
Governor
Jerry Regier
Secretary
District 11
Dade & Monroe Counties
Samara H. Kramer, D.BA
Acting District Administrator
"COMMITTED TO EXCELLENCE"
May 7, 2003
Louis LaTorre
Monroe County Social Services
1100 Simonton Street
Key West, FL 33040
Dear Louis:
Enclosed please find three executed copies of the settlement agreement which has been developed
to address reimbursement for Community Care for Disabled Adults services provided from July
1,2002 through February 28, 2003.
This agreement and your request for payment have been forward to the Office of the Comptroller
for payment.
Please call with questions or concerns, thanks.
Sincerely,
~
~a helan
Contract Manager
The Department of Children and Families is committed to working in partnership with local communities
to ensure safety, well-being and self-sufficiency for the people we serve.
. :>
Monroe LOLLnt>,Cle~sCUiceOri~",~
SETTLEMENT AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
AND
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
r . l
THIS AGREEMENT, made this tq day of ~f(l ,2003, between the Florida Department
of Children and Families, an agency of the State of Florida, 401 NW 2nd Avenue, Miami, Florida
33128, (hereinafter referred to as "DEPARTMENT"), and the Board of County Commissioners
of Monroe County, Florida, (hereinafter referred to as "PROVIDER").
WHEREAS, on July 1, 2002, the DEPARTMENT and the PROVIDER entered into
Contract # KG036 to provide Community Care for Disabled Adults in Monroe County for the
period of July 1, 2002 through June 30, 2003; and
WHEREAS, said contract provided for unit rates significantly less than the unit rates
provided under similar contracts throughout the state of Florida; and
WHEREAS, this discrepancy led to an early termination of Contract # KG036, effective
February 28, 2003; and
WHEREAS, the PROVIDER has performed the services requested by the
DEPARTMENT; and
WHEREAS, the DEPARTMENT has not paid for the performance of said requested
services; and
WHEREAS, the PROVIDER has made demand for payment for said services and the
DEPARTMENT has determined that the Provider has asserted a colorable legal claim in
support of its demand for payment for the services performed; and
WHEREAS, the DEPARTMENT, by entering into this agreement admits no liability for
payment for the services performed by the PROVIDER under the contract;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1, The PROVIDER, for himself, his attorneys, heirs, executors, administrators,
successors and assigns, does hereby fully finally and forever release and discharge the Florida
Department of Children and Families, and their agents, representatives, and attorneys, of and
from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of
any and every nature whatsoever, arising out of or in any way related to the Contract and work
performed thereunder, and any invoices for such work, including, but not limited to, those claims
asserted or other claims that were or might have been asserted in any federal, state, or
administrative action in any federal, state, or local agency or court, by or on behalf of the
PROVIDER, against those parties hereinabove released relating to these facts or circumstances
whatsoever.
Settlement Agreement
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
Page 2
2. The DEPARTMENT herein agrees to submit to the Comptroller of the State of
Florida for payment of the lump sum amount of Fifty Six Thousand Two Hundred Seventy
Three Dollars and Sixty Cents ($56,273,60) in full and satisfaction of any amounts or costs
associated with the services performed by the PROVIDER and any claims and invoices
associated therewith, or with interest and costs and fees associated with the claim matters
referenced herein,
3. This agreement is contingent upon approval by the Comptroller of the State of
Florida. Until such approval is received, the DEPARTMENT has no obligation to make any
payments pursuant to this agreement.
4. The parties to this agreement further agree and covenant that this agreement is
binding on the parties, their heirs-at-Iaw, and their assigns and successors in interest as
evidenced by their signatures and lawful executions below,
5, All terms and conditions of this settlement as fully set forth in this document and
no other material terms of settlement exist outside this document.
PROVIDER:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
FLORIDA DEPARTMENT OF CHILDREN
AND FAMILIES
SIGNED
#J". >>>. ~,~~
SIGNEDAIl/!/w,r;, JJ.. );,iU1>V./
TITLE:
Mayor/Chairperson
TITLE:
DATE
otf-/~-oJ
DATE
Acting District Administrator
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ATTEST: DANNY L. KOHLAGE, CLERK
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Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
MA VOR Dixie Spehar. District I
Mayor Pro Tern MlImIY E, Nelson. DistrictS
George Neugen~ District 2
Charles "SOMY" McCoy. District 3
David p, Rice. District 4
Social Services Department
Gato Building, Room 1-204
1100 Simonton Street
Key West, FL 33040
(305) 292-4573 - Phone
(305) 292-4517 - Fax
VIA CERl1AED MAIL
RETURN RECEIPT REQUESTED
January 23, 2003
Ms. Theresa Phelan
Department of Children & Families
1111-12th Street #301
Key West, FL 33040
RE: Contract KG036; CCDA
Dear Ms. Phelan:
This letter is a notice of termination of the County's CCDA contract #KG036, to be effective February 28,
2003, in accordance with paragraph III.B.! of said contract, which will give you more than thirty days
notice.
As you are probably aware, the existing contract includes rates at about half the amount being provided
for the rest of the State, notwithstanding Monroe County having the highest cost of living in the State.
There is no doubt that miscommunication resulted in such inappropriate rates placed in our contract and
to the rates not coming to the attention of our respective administrations until recently. It is my
understanding that the Department is willing to re-negotiate the rates for the future and that the
Department is willing to consider a settlement agreement to address the rates through the date of
termination of this contract.
The February 28th termination of the existing contract will require the new contract to be approved
effective March 1, 2003 through June 30, 2003. We expect this to be approved at the next Commission
meeting, February 19th, based on the new rates.
Please contact Mr. LaTorre at 292-4573 or Ms. Hutton at 292-3470 to facilitate the creation and approval
of the new contract.
- -=:6~
~ '"""'-
James L. Roberts
County Administrator
Cc: Jerry Regier, Secretary DCF
Hon. Ken Sorensen
Lucy Hadi, Deputy Secretary, DJ:F r
Dr. Samara Navarro, Director Adult Services, DCF
Louis LaTorre, Monroe County In-Home Services
R1F:CEI\lED
JAN 2 4 2003
Dept. or C:1ildrei1 and Families
1111 12th Stred, Suite 304
KeY\Vest~
In Home Services
1100 Simonton St.
Key West, FL 330~O
(305) 292-4583
(305) 292-4~81 FAX
(- '-----,
JOARD OF COUNTY COMMISSIONERS
MAYOR Dixie Spehar, District I
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonny" McCoy, District 3
David P. Rice, District 4
.O,~~rY ~o~~~E
, (305) 294-4641
January 23, 2003
Ms, Charla Rodriguez, Sub-District Administrator
Department of Children & Families
1111 12th Street
Suite 310
Key West, FL 33040
Dear Ms, Rodriguez:
Monroe County would like to clarify for all involved parties the most recent agreement
reached between the Department of Children and Families and Monroe County In-Home
Services.
The rates and projected units for the time period July 1, 2002 - Feb 28, 2003 are based on
the 2001-2002 CCDA contract:
Services
Case Management
Homemaking
Meals
Chore
Personal Care
Unit Rate
$ 44.498
$ 26,361
$ 6.732
$ 33,859
$ 32.976
Units of service (proiected)
198,0
676,0
3026.0
90.0
177,0
Total
$8,799.48
$18,009,21
$20,371.03
$3,038.54
$5.844,99
$56,063,55
Monroe County legal staff will be negotiating a settlement agreement. The settlement will
include the current rates stated above and the units of services provided for the above
period of time, Be advised that as oftoday's date, Monroe County In-Home Services has
not been reimbur'sed for any funds for services that have been rendered, since July 1, 2002,
We expect in the settlement that we will be reimbursed fully for these services.
The rates and projected units from March 1, 2003 - June 30, 2003 that are being
proposed are as follows:
, '.
"
Services
Case Management
Homemaking
Meals
Chore
Personal Care
Unit Rate
$47,64
$26.64
$ 6.67
$ 35,51
$ 50.78
Units of service (projected)
124.0
338.0
1892.0
,-'
60.0
118,0
j
Total
.$5,907.36
$9,004.32
$12,619,64
$2,130,60
$5.992,04
$35,653,96
Based on the above rates and units (projected) the total costs agrees with the Department
of Children & Families appropriation ofCCDA funds awarded ($91,713,00) to Monroe
County for FY 2002-2003,
Monroe County will need the new contract that includes the above rates and units in our
office no later then Feb, 3, 2003, so that the contract could be agenda for approval at the
next County Commission meeting on February 19,2003. The Department of Social
Services has enjoyed working closely with the Department of Children and Families
throughout the years and will continue to do so.
Our primary goal is to service the Disabled Adults in Monroe County and provide the best
quality of care as possible, Please be advised that we will not be taking on any new
CCDA Clients nor providing additional services. But however, a waiting list will be
established, which has previously not been done in prior years, It's our goal to continue to
provide services to our clients within the fiscal restraints of the current rate changes.
In closing, we would like to sincerely thank State Representative Ken Sorenson and
Secretary Jerry RegIer for their time, understanding and attention in this extremely difficult
and important issue, Without their help this agreement would not have been resolved.
Sincerely, ') ~
~M~
C1 ::; i k~~~ ~
Louis LaTorre, Director
Monroe County Social Services
Deloris Simpson, Senior Administrator
Monroe County In-Home Services
Cc: Representative Ken Sorenson, Miami-Dade, Monroe Counties
Secretary Jerry Regier, Department of Children & Families
James Roberts, Administr~tor, Monroe County
James Malloch, Director, Monroe County Community Services
Suzanne Hutton, Attorney, Monroe County
Theresa Phelan, Contract Manager, Department of Children & Families
Elena Herrera, Program Administrator, Dept. of Children & Families
Josafina Swiman, Program Administrator, Dept. of Children & Families
Dr. Sampara Navarro, Director of Adult Services, DCF
03/ 2[1/ 2[10~: .).::: :.10 ~8523:: 1 1:83
.,' ,-liCF V.EY If.lEST
ORIGINAL INVOICE
CCDA
FOR THE MONTH OF July 02-Feb.03
MONROE COUNTY IN HOME SERVICES STATE CCDA CONTRACT KG-OJ FY 02/03
GATO BUILDING
1100 SIMONTON STREET
KEY WEST FL 33040
July 1, 2002 through February 28,2003
PERIOD OF SERVICE PROVISION
SERVICE
# UNITS
CASE MANAGEMENT
HOMEMAKING .
HOME DELIVERED MEALS
CHORE
PERSONAL CARE
RESPITE
179.5
699
3026
85
194.75
o
SIGNATURE OF PROVIDER
DELORIS SIMPS N
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DATE lI-lVOICE ReC:~_.. R"""O (V/. f'J. - _6 6 , 7
OAT~ GOODS/SERV.....:;.:, .- ~ ~/J(ir
DAiE C00:)S INS?CCj'I:D'::'W~
APPRO'v'ED eY - '
AMOUNT
PER UNIT
44.498
26.631
6.732
33.859
32.976
o
TOTAL DUE
P~?E. 02/03
DATE
03/18/03
61 ;{
?fg'f~
AMOUNT
DUE
7,987.39
18.615.07
20,371.04
2,878.02
6.422,08
0.00
56,273.60
'~,If,o>
DATE APPROVED
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OC4
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3/18/03; 3:21 PM, Ccdabill
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PAGE ' 03103
MONROE COUNTY IN HOME SERVICES
GA TO BUILDING
1100 SIMONTON STREET
KEY WEST FL 33040
STATE CCDA CONTRACT KG~034 FY 02/03
MONTH: July 02-Feb.03
TOTAL UNITS OF SERVICE PROVIDED:
179.5 UNITS X $
699 UNITS X $
3026 UNITS X $
85 UNITS X $
194.75 UNITS X $
o UNITS X $
179.5 UNITS X $
699 UNITS X $
3026 UNITS X $
85 UNITS X $
194.75 UNITS X $
o UNITSXS
179.5 UNITS X $
699 UNITS X $
3026 UNITS X $
85 UNITS X $
194.75 UNITS X $
o UNITS X $
STATE OF FLORIDA COMMUNITY CARE FOR DISABLED ADULTS
49.4422
29.59
7.48
37.6211
36.64
o
$8,874.87
$20,683.41
$22.634.48
$3,197.79
$7.135.64
$0.00
GROSS RATES:
CASE MANAGEMENT
HOMEMAKING
MEALS
CHORE
PERSONAL CARE
RESPITE
TOTAL COST
COUNTY MATCH:
CASE MANAGEMENT
HOMEMAKING
MEALS
CHORE
PERSONAL CARE
RESPITE
TOTAL COUNTY COST
NET RATES:
f.'.
CASE MANAGEMENT
HOMEMAKING
MEALS
CHORE
PERSONAL CARE
RESPITE
TOTAL STATE COST
$621526.19
------------
------------
4.9442
2.959
0.748
3.7621
3.664
o
$887.48
$2,068.34
$2,263.45
$319.78
$713.56
$0.00
$6,252.61
------------
------------
44.498
26.631
6.732
33.859
32.976
o
$7,987.39
$18,615.07
$20,371,04
$2,878.02
$6,422,08
$0.00
$56,273.60
------------
------------
3/18/03; 3:21 PM; Ccdabill