Supervisor ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING A LEGAL RETAINER WITH BOND, SCHOENECK & KING TO PURSUE LITIGATION AGAINST FULTON CENTERS TO RECOVER NURSING HOME UNIVERSAL SETTLEMENT FUNDS

WHEREAS, the County of Fulton is entitled to “Universal Settlement” Funds related to prior Medicaid claims dating to its ownership of the former Fulton County Residential Health Care Facility; and

WHEREAS, Resolution 350 of 2016 authorized a Retainer Agreement with Bond, Schoeneck & King to pursue Nursing Home Universal Settlement Funds via negotiation with the nursing home’s purchaser Fulton Centers; and

WHEREAS, due to Fulton Centers resisting any settlement agreement, Bond, Schoeneck & King now recommends that Fulton County pursue formal litigation; and

WHEREAS, the Committee on Finance recommends a Retainer Agreement with Bond, Schoeneck & King to pursue Fulton County’s portion of the Nursing Home “Universal Settlement” Funds via formal litigation; now, therefore be it

RESOLVED, That the Chairman of the Board is authorized and directed to sign a legal Retainer Agreement with Bond, Schoeneck & King to obtain Fulton County’s share of “Universal Settlement” proceeds through formal litigation; and, be it further

RESOLVED, That said Retainer Agreement be at a Base Fee of $4,000.00, plus 20 percent of any proceeds collected; said agreement subject to approval by the County Attorney; and, be it further

RESOLVED, the County Treasurer be and hereby is directed to make the following transfer:

From: A.1000.1990-4907 – EXP – Contingent Fund Expense
To: A.1420.1420-4090 – EXP – Professional Services
Sum: $4,000.00 and, be it further )

RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, County Attorney, Bond, Schoeneck & King, Budget Director/County Auditor, and Administrative Officer/Clerk of the Board.

Seconded by Supervisor CALLERY and adopted by the following vote:
TOTAL: Ayes: 508 (18) Nays: 21 (1) (Supervisor Kinowski) Absent: 22 (1) (Supervisor Waldron)

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