Okaloosa County BOCC — 2013 meeting #1139 (date undetermined) — MEDICAID ORIGINAL 2009 — reading text

STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED MEDICAID NON-EMERGENCVTRANSPORTATION (NET) PROGRAM SUBC0NTRACTED TRANSPORTATION PROVIDER (STP) AGREEMENT Agreement No.: 12zI)N,10 F.E.1.D. No.: 596-000-765-074 Procurement No.: N/A Financial Project 1.0.: 41604318201 OMS Catalog Class No.: 471 BY THIS AGREEMENT, made and entered into this _l_day of January , 2009, by and between the Commission for the Transportation Disadvantaged, hereinafter called "Commission" and Okaloosa County Board of County Commissioners. 600 Transit Way. Fort Walton Beach. Florida 32547 , hereinafter called "STP "for Okaloosa County(ies) of the State of Florida, duly authorized to conduct business in the State of Florida, hereby agree as follows: 1. SERVICES AND PERFORMANCE A. In connection with the delivery of Medicaid Non-Emergency Transportation Services, the Commission does hereby retain the STP to furnish certain services, information, and items as described in Exhibits A and B and Attachments, attached hereto and made a part hereof. B. Before· making any· additions or deletions· to· the work· described in this Agreement; and before undertaking any changes or revisions to such work, the parties shall negotiate any necessary cost changes and shall enter into an Amendment covering such work and compensation. Reference herein to this Agreement shall include any amendment(s). C. All plans, maps,. computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall become the property of the Commission without restriction or limitation on their use and shall be made available upon request, to the Commission at any time during the performance of such services and/or upon completion or termination of this Agreement. Upon delivery to the Commission of said document(s), the Commission shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The STP shall not copyright any material and products or patent any invention developed under this Agreement. The Commission shall have the right to visit the site for inspection of the work and the products of the STP at any time. The Commission shall have the right to use, disclose, or duplicate all information 2008/2009 Medicaid Non·Emergency Transportation Subcontracted Transportation Provider Contract Page 1 of 117  and data developed, derived, documented, or furnished by the STP resulting from this Contract. Nothing herein shall entitle the Commission to disclose to third parties data or information that is otherwise protected from disclosure by State or federal law. D. The STP agrees to provide reports in a format acceptable to the Commission and at intervals established by the Commission. The Commission shall be entitled at all times to be advised, at its request, as to the status of work being done by the STP and of the details thereof. Coordination shall be maintained by the STP with representatives of the Commission, or of other agencies interested in the project on behalf of the Commission. Either party to the Agreement may request and be granted a conference. E. All services shall be performed by the STP to the satisfaction of the Director who shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount of value thereof; and the decision upon all claims, questions, and disputes shall be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses shall be subject to mutual agreement of the parties, and amendment(s) shall be entered into by the parties in accordance herewith. Reference herein to the Director shall mean the Executive Director of the Commission for the Transportation Disadvantaged. 2. TERM A. INITIAL TERM. This Agreement shall begin on January 1, 2009 and shall remain in full force and effect through completion of all services required on June 30, .... 2011. ..... ............. ...... . ......... . B. RENEWALS: This Agreement may be renewed for a period that may not exceed three (3) years or the term of the original Agreement, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Commission and subject to the availability of funds. Any renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. C. EXTENSIONS. In the event that circumstances arise which make performance by the STP impracticable or impossible within the time allowed or which prevent a new Agreement from being executed, the Commission, in its discretion, may grant an extension of this Agreement. Extension of this Agreement shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement; provided the Commission may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be only one extension of this Agreement unless the failure to meet the criteria set forth in 2008/2009 Medicaid Non-Emergency Transportation Subcontracted Transportation Provider Contract Page 2 of 117  this Agreement for completion of this Agreement is due to events beyond the control of the STP. 3. COMPENSATION AND PAYMENT A. Payment shall not be made until funds from Agency for Health Care Administration have been received and deposited by the Commission. Payment shall be made only after receipt and approval of goods and services unless advanced payments are authorized by the Chief Financial Officer of the State of Florida under Section 215.422 (14), Florida Statutes. B. This Agreement involves units of deliverables and they must be received and accepted in writing by the Commission's Contract Manager prior to payments. C. The Commission has eleven (11) working days to inspect and approve the deliverables, unless otherwise specified herein. The Commission has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. D. If a payment is not available within 40 days, a separate interest penalty pursuant to Section 215.422(3)(b), F.S., shall be due and payable, in addition to the invoice amount, to the STP. Invoices which have to be returned to a STp· because of STP preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until payment for Agency for Health Care Administration has been received by the Commission and until a properly completed invoice is provided to the Commission. E. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. All STPs must be registered in the My Florida Market Place. Pursuant to Section 287.057(23), Florida Statutes, all payments shall be assessed a transaction fee of one percent (1 %), which· shall be paid to the State. Services provided under this Contract are exempt pursuant to Rule 60A-1.032(h), Florida Administrative Code . . F. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Consumer Hotline, 1-800-848-3792. . G. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Commission at all times during the period of this Agreement and for five (5) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Commission upon request. Records of costs incurred shall include the STP's general accounting records and the project records, together with supporting documents and records, of the STP and all subcontractors performing work, as provided in Exhibit A, Scope of Work and all other records of the STP and subcontractors considered necessary by the Commission for a proper audit of project costs. 2008/2009 Medicaid Non·Emergency Transportation Subcontracted Transportation ,Provider Contract Page 3 of 117  H. The Commission, during any fiscal year, shall not expend money, incur any liability, or ente~ into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid oli such contract. The Commission shall require a statement from the Comptroller of the Department of Transportation that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the Commission's performance and obligation to pay