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

under this Agreement is contingent upon an annual appropriation by the Legislature. 1. For the satisfactory performance of the services and the submittal of Encounter Data as outlined in Exhibit A, Scope of Services, the STP shall be paid up to a maximum amount of $ 496.460.00 . The maximum amount shall be made up of the following limiting amounts: $ 98.628.00 from State Fiscal Year 08/09 $ 198.916.00 from State Fiscal Year 09/10 $ 198.916.00 from State Fiscal Year 10/11 The STP shall not provide services that exceed the limiting amount(s) without an approved amendment from the Commission. The total amount of this contract is expected to be funded by multiple appropriations and the State of Florida's performance and obligation to pay under this contract is contingent upon annual appropriations by the Legislature. The STP shall submit invoices in a format acceptable to the Commission. The STP will be paid, after the Commission has received-payment from--Agency-for HealthCare-Administration,- in equal payments per month, unless otherwise specified. The STP shall request payment through submission of a properly completed invoice to the Commission in accordance with Exhibit B, Method of Compensation. J. The STP must submit the final invoice for payment to the Commission no more than forty-five (45) days after the Agreement ends or is terminated. If the STP fails to do so, all right to payment is forfeited and the Commission will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this Agreement may be withheld until all reports due from the STP and necessary adjustments thereto have been approved by the Commission K. The State of Florida's (Commission's) performance and obligation to pay under this Agreement is contingent. upon an annual appropriation by the Legislature and nothing herein shall be construed to violate the provisions of Section 339.135(6)(a), Florida Statutes, which provides the Commission, during any fiscal year, shall not expend money, incur any liability, or enter 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, 2008/2009 Medicaid Non-Emergency Transportation Subcontracted Transportation Provider Contract Page 4 of 117  verbal or written, made in violation is null and void and no money may be paid on such contract. 4. INDEMNITY, PAYMENT FOR CLAIMS AND INSURANCE A. INDEMNITY: To the extent allowed by Florida Law, the STP shall indemnify and hold harmless the Commission, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the STP and persons employed by or utilized by the STP in the performance of this Agreement. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms of this Agreement. B, PAYMENT FOR CLAIMS: The STP guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the STP or any subcontractor, in connection with the Agreement. The Commission's final acceptance and payment does not release the STP's responsibilities until all such claims are paid or released. C. LIABILITY INSURANCE: The STP shall carry and keep in force during the period of this Agreement a general liability insurance policy or poliCies with a company or companies authorized to do business in Florida, affording public liability insurance. in accordance with Rule Chapter 41-2.006, Florida Administrative Code. If the STP is a political subdivision of the State of Florida and is self- insured in accordance with the terms and provisions of Section 768.28, Florida Statutes regarding waiver of sovereign immunity in tort actions, the STP shall provide to the Commission a Certificate of Self-Insurance upon execution of this Agreement. . Any lapse in coverage shall be reported in writing to the Commission. D. WORKERS' COMPENSATION. The STP shall carry and keep in force Workers' Compensation Insurance as required for the State of Florida under the Worker's Compensation Law during the term of this Agreement. . E. CERTIFICATION. With respect to any insurance policy required pursuant to this Agreement, all such poliCies shall be issued by companies licensed to do business in the State of Florida. The STP shall provide to the Commission certificates showing the required coverage to be in effect and showing the Commission to be an additional certificate holder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Commission. 5. COMPLIANCE WITH LAWS AND REGULATIONS 2008/2009 Medicaid Non-Emergency Transportation Subcontracted Transportation Provider Contract Page 5 of 117  A. The STP agrees to comply with all applicable federal and State laws, rules and regulations including but not limited to: Title 42 CFR Chapter IV, Subchapter C; Title 45 CFR Part 74, General Grants Administration Requirements; Chapters 409 and 641, F.S.; Part I of Chapter 427, F.S., Rule 41-2, F.A.C., the Electronics Accessibility Act, all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 as amended (42 USC 1857, et seq.); Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served; Title IX of the education amendments of 1972 (regarding education programs and activities); 42 CFR 431, Subpart F; Section 409.907(3)(d), F.S., and Rule 59G- 8.100 (24)(b), F.A.C. in regard to the contractor safeguarding information about Medicaid Beneficiaries; TItle VII of the Civil Rights Act of 1964 (42 USC 2000e) in regard to employees or applicants for employment; Rule 59G-8.100, F.A.C.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794 (which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance); the Age Discrimination Act of 1975, as amended, 42 USC 6101 et. seq. (which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance); the Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance; Medicare - Medicaid Fraud and Abuse Act of 1978; the federal Omnibus Budget Reconciliation Acts; Americans with Disabilities Act (42 USC 12101, et seq.); the Newborns' and Mothers' Health Protection Act of 1996, the Balanced Budget Act of 1997, and the Health Insurance Portability and Accountability Act of 1996. The STP is subject to any changes in federal and state law, rules, or regulations. B. The STP shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the STP in conjunction with this Agreement. Failure by the STP to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Commission. C. The STP agrees that it shall make no statements, press releases or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, without first notifying the Commission's Contract Manager and securing prior written consent. The STP also agrees that it shall not publish, copyright, or patent any of the data developed under this Agreement, it being understood that such data or information are works made for hire and the property of the Commission. D. The STP shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under this Agreement. 2008/2009 Medicaid Non-Emergency Transportation Subcontracted Transportation Provider Contract Page 6 of 117  E. If the STP is licensed by the Department of Business and Professional Regulation to perform the services herein contracted, then Section 337.162, Florida Statutes, applies as follows: 1) If the Commission has knowledge or reason to believe that any person has violated the provisions of the state professional licensing laws or rules, it shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. The complaint shall be confidential. 2) Any person who is employed by the Commission and who is licensed by the Department of Business and Professional Regulation and who, through the course of the person's employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. Failure to submit a