CN-680000-SA065.pdf

SA065-EXD074

AHCA Settlement Agreement No. SA065-EXD074, Page 1 of 2

AHCA Form 2100-0059, Revised (SEP 2017)

SETTLEMENT AGREEMENT

BETWEEN

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

AND

RUTLEDGE ECENIA, P.A.

THIS AGREEMENT made between the State of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION, hereinafter referred to as “AGENCY”, and RUTLEDGE ECENIA, P.A., hereinafter referred to as “VENDOR”, WHEREAS, on September 28, 2017, the AGENCY entered into EXD074 with RUTLEDGE ECENIA, P.A. in the amount of $325,000.00; and

WHEREAS, on September 22, 2017, due to court deadlines Rutledge Ecenia, P.A., began providing services to the Agency because the Agency was not in a position to delay these services in anticipation of execution of the Contract.

WHEREAS, the VENDOR submitted invoices to the AGENCY dated December 1, 2017 in the amount of $18,535.00 and $1,540.00 for a total amount of $20,075.00; and

WHEREAS, the VENDOR, in good faith, provided the necessary services and invoiced the AGENCY accordingly; and

WHEREAS, the VENDOR has asserted a colorable legal claim in support of its demand for payment; and, WHEREAS, the AGENCY, by entering into this Agreement admits no liability for payment of the work performed by the VENDOR.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. Upon receipt of payment as provided in paragraph number 2 below, the VENDOR for itself and for its attorneys, heirs, executors or administrators, does hereby discharge the State of Florida, Agency for Health Care Administration and its agents, representatives, and attorneys 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 contracts and state project, and any invoices for such work including, but not limited to, those claims asserted or other claims that were or may be asserted in any federal, state, or local agency or court, by or on behalf of the VENDOR.

2. The AGENCY herein agrees to submit to the Chief Financial Officer of the State of

Florida for payment the sum of twenty thousand seventy-five dollars ($20,075.00) in full and completed satisfaction of any amounts or costs associated with the work performed by the VENDOR and any claims and invoices associated therewith, or with any other written or verbal supplementation and/or renewal thereto, including all interests and costs and fees associated with the claim matters referenced herein.

3. The Parties acknowledge that AGENCY payments required pursuant to the terms of this Agreement are subject to and contingent upon the review and approval of the Chief Financial Officer pursuant to his authority as set forth in the Florida Constitution

DocuSign Envelope ID: 37D05ADA-2030-4348-A6E5-2F7A3FB8CB6D

SA065-EXD074

AHCA Settlement Agreement No. SA065-EXD074, Page 2 of 2

AHCA Form 2100-0059, Revised (SEP 2017) and Section 17.03, Florida Statutes, which provides in pertinent part: “The Chief Financial Officer of this state, using generally accepted auditing procedures for testing or sampling, shall examine, audit, and settle all accounts, claims, and demands, whatsoever, against the state, arising under any law or resolution of the Legislature, and issue a warrant directing the payment out of the State Treasury of such amount as he or she allows thereon.” Until such approval is received the AGENCY 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–law, and their assigns and successors in interest as evidenced by their signatures and lawful executions below.

5. All terms and conditions of this settlement are fully set forth in this document and no other material terms of settlement exist outside this document.

6. This Agreement is effective upon full execution by both Parties as dated below.

IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed, as dated below.

RUTLEDGE ECENIA, P.A. STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION

By:

By:

Name:

Name:

Title:

Title:

Date:

Date:

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Steve Ecenia

President, Rutledge Ecenia, P.A.

12/18/2017 | 4:57 PM EST 12/20/2017 | 7:34 AM PST

Secretary

Justin M. Senior