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

complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455, Florida Statutes, and the state licensing law applicable to that license. The complaint shall be confidential. 3) Any complaints submitted to the Department of Business and Professional Regulation are confidential and exempt from Section 119.07(1), Florida Statutes, pursuant to Chapter 455, Florida Statutes, and applicable state law. F. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public eritityiiiexcessof the ttWeshold amoiJnt providedifl Section - 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Vendor list. G. An entity or affiliate who has been placed on the discriminatory Vendor list may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity. H. The Commission shall consider the employment by any STP of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the STP knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 2008/2009 Medicaid Non-Emergency Transportation Subcontracted Transportation Provider Contract Page 7 of 117  1. Pursuant to Section 216.347, Florida Statutes, the STP may not expend any State funds for the purpose of lobbying the Legislature, the judicial branch, or state agency. This Contract contains federal funding, therefore, the STP shall, upon Contract execution, complete the Certification regarding Lobbying Form, Attachment 2. 6. CONTRACT MANAGEMENT A. The Commission shall be responsible for the management of this Contract. The Commission shall make all statewide policy decision-making or Contract interpretation. In addition, the Commission shall be responsible for the interpretation of all federal and State laws, rules and regulations governing, or in any way affecting, this Contract. The Commission shall conduct the management of this Contract in good faith, with the best interest of the State and the Medicaid Beneficiaries it serves being the prime consideration. The Commission shall consult with the Agency for Health Care Administration to provide final interpretation of general Medicaid policy. When interpretations are required, the STP shall submit written requests to the Commission. B. The terms of this contract do not limit or waive the ability, authority or obligation of the Office of Inspector General, the Bureau of Medicaid Program Integrity, its contractors, or other duly constituted government units (State or federal) to audit or investigate matters related to, or arising out of this Contract. C. The parties shall amend the Contract only as follows: 1) The parties cannot amend or alter the terms of this Contract without a written amendment. .2) Only a person. authorized~y the Commission and a pE)rson authorized by the . SIP ri'iilY amend oralter the terms of this Contract. D. Contract Variation. If any provision of the Contract (including items incorporated by reference) is declared or found to be illegal, unenforceable, or void, then both the Commission and the STP shall be relieved of all obligations arising under such provisions. If the remainder of the Contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed. In addition, if the laws or regulations governing this Contract should be amended or judicially interpreted. so as to render the fulfillment of the Contract impossible or economically infeasible, both the Commission and the STP shall be discharged from further obligations created under the terms of the Contract. However, such declaration or finding shall not affect any rights or obligations of either party to the extent that such rights or obligations arise from acts performed or events occurring prior to the effective date of such declaration or finding. E. Representation of Entire Contract. This Contract with exhibits and numbered attachments represents the entire agreement between the STP and the Commission with respect to the subject matter in it and supersedes all other 2008/2009 Medicaid Non·Emergency Transportation Subcontracted Transportation Provider Contract Page 8 of 117  contracts between the parties when the duly authorized representatives of the Commission and the STP Signed the Contract. Correspondence and memoranda of understanding do not constitute part of this Contract. In the event of a conflict of language between the Contract and the exhibits and attachments, the provisions of the Contract shall govern. However, the Commission reserves the right to clarify any contractual relationship in writing with the concurrence of the STP and such clarification shall govern. Pending final determination of any dispute over a Commission decision, the STP shall proceed diligently with the performance of the Contract 7. ASSIGNMENT AND TRANSFER The STP shall maintain an adequate and competent staff so as to enable the STP to timely perform under this Agreement and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the Commission, other than those costs within the limits and terms of this Agreement. The STP is fully responsible for satisfactory completion of all subcontracted work. The STP shall provide the Commission with a listing of any subcontractor it sublets, assigns or transfers work to under this Agreement. 8. CONFLICT OF INTEREST This Contract is subject to the provisions of Chapter 112, F.S. If applicable, the STP and its Subcontractors shall disclose the name of any officer, director, or agent who is an employee of the State of Florida, or any of Its agencies. Further, the STP shall disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the STP's firm or any of its branches. The STP covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services hereunder. The STP furthercbVeriantstliat it will noteinplbyahY suchperso" knowil tohilVe suc:h interests in the performance of the terms of this Contract. No official or employee of the Commission and no other public official of the State of Florida or the federal government who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out the Contract shall, prior to completion of this Contract, voluntarily acquire any personal interest, direct or indirect, in this Contract or proposed Contract. 9. TERMINATION AND DEFAULT PROCEDURES A. This Agreement may be canceled by the Commission in whole or in part at any time the interest of the Commission requires such termination. The Commission reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. B. If the Commission determines that the performance of the STP is not satisfactory, the Commission shall have the option of (a) immediately terminating the Agreement, or (b) notifying the STP of the deficiency with a requirement that 2008/2009 Medicaid Non·Emergenc:y Transportation Subcontracted Transportation Provider Contract Page 9 of 117  the deficiency be corrected within a specified time, otherwise the Agreement will . be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the Commission. C. If the Commission requires termination of the Agreement for reasons other than unsatisfactory performance of the STP, the Commission shall notify the STP of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. The STP shall submit a notice of withdrawal from the Transportation Provider network at least ninety (90) calendar days prior to the effective date of such withdrawal. E. In the event funds to finance this Contract become unavailable, the Commission may terminate the Contract upon no less than twenty-four (24) hours written notice to the STP. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds. F. Termination for Breach. Unless the STP's breach is waived by the Commission in writing, the Commission may, by written notice to the STP, terminate this Contract upon no less than twenty-four (24) hours written notiCe. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the Commission may employ the