Okaloosa County BOCC — October 7, 2014 — AH105 OKALOOSA BCC amendment #7 renewal Fully Executed — reading text

Standards, and (3) the National Provider Identifier Standards, which are administered and enforced by the Centers for Medicare & Medicaid Services (CMS). In 45 C.F.R. Part 160, the Enforcement Rule provides standards for the enforcement of the HIPAA Administrative Simplification Rules. 10 Contract #AH105 e Standard A The Provider also agrees to comply with the American Recovery and Reinvestment Act of 2009 (ARRA), as well as Title XIII of ARRA, known as the Health Information Technology for Economic and Clinical Health Act (HITECH Acct), including, but not limited to the Breach Notification Rule, which requires notification following a breach of unsecured protected health information. Provider will maintain confidentiality on all financial information, statistical data, reports, standards, and membership listings, and agrees not to disclose any information contained within this Subcontract to any third party, except as may be required by law or pursuant to a written consent executed by BBCBC/PSYCHCARE. 13. Assignments and Subcontracts a. The Provider shall not assign the responsibility for this contract to another party without prior - written approval of BBCBC, upon BBCBC’s sole determination that such assignment will not adversely affect the public interest; however, in no event may Provider assign or enter into any transaction having the effect of assigning or transferring any right to receive payment under this subcontract which right is not conditioned on full and faithful performance of Provider's duties hereunder. Any sublicense, assignment, or transfer otherwise occurring without prior approval of BBCBC shall be null and void. The Provider shall not subcontract for any of the work contemplated under this contract without prior written approval of BBCBC, which shall not be unreasonably withheld. To the extent permitted by Florida Law, and in compliance with Section IF. of this Standard Contract, the Provider is responsible for all work performed and for all commodities produced pursuant to this subcontract whether actually furnished by the Provider or its subcontractors. Any subcontracts shall be evidenced by a written document. The Provider further agrees that BBCBC/PSYCHCARE shall not be liable to the Provider’s subcontractor in any way or for any reason. The Provider, at its expense, will defend BBCBC/PSYCHCARE against such claims. The Provider shall make payments to any subcontractor within seven (7) working days after receipt of full or partial payments from BBCBC in accordance with section 287.0585, F.S., unless otherwise stated in the contract between the Provider and its subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the Provider and paid by the Provider to the subcontractor in the amount of one-half of one percent (.005) of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstanding balance due. The Provider shall include, or cause to be included, in all subcontracts (at any tier) the substance of all clauses contained in this Standard Contract that mention or describe subcontract compliance. The Provider shall include the requirements of the Employment Eligibility Verification (E- Verify) clause in Section 15 below appropriately modified for identification of the parties, in each subcontract. 14. Employment Eligibility Verification (E-Verify) 8/25/14 11 Contract #AH105 Standard A a. Provider shall enroll as a Provider in the E-Verify program within thirty (30) calendar days of the start date of this Subcontract if not already enrolled. Within ninety (90) calendar days of enrollment in the E-Verify program, Provider shall begin to use E-Verify to initiate verification of employment eligibility. All new employees assigned by the Provider to perform work pursuant to the contract with BBCBC shall be verified as employment eligible within three (3) business days after the date of hire. b. Provider shall comply, for the period of performance of this contract, with the requirements of E-Verify program enrollment. 1) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Provider’s enrollment and deny access to the E-Verify system in accordance with the terms of the enrollment. In such case, the Provider will be referred to a DHS or SSA suspension or debarment official. 2) During the period between termination of the enrollment and a decision by the suspension or debarment official whether to suspend or debar, the Provider is excused from its obligations under paragraph 14 of this clause. If the suspension or debarment official determines not to suspend or debar the Provider, then the Provider must reenroll in E-Verify. 3) Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify 4) Provider is not required by this clause to perform additional employment verification using E-Verify for any employee whose employment eligibility was previously verified by the Provider/ grantee through the E-Verify program. 5) Evidence of the use of the E-Verify system will be maintained in the employee’s personnel file. 15. Staffing The Provider must engage in and document recruitment plans designed to maintain, as much as possible, staff with the ethnic and racial composition of the individuals served. 16. Return of Funds The Provider shall return to BBCBC any overpayments due to unearned funds or funds disallowed that were disbursed to the Provider by BBCBC and any interest attributable to such funds pursuant to the terms and conditions of this subcontract. In the event that the Provider or its independent auditor discovers that an overpayment has been made, the Provider shall repay said overpayment immediately without prior notification from BBCBC. In the event that BBCBC first discovers an overpayment has been made, the contract manager, on behalf of BBCBC, will notify the Provider by letter of such findings. Should repayment not be made forthwith, the Provider will be charged interest at the lawful rate of interest on the outstanding balance after BBCBC notification or upon Provider discovery. This provision shall survive the termination of this subcontract. 12 8/25/14 Contract #AH105 Standard A 17. Client Risk Prevention and Incident Reporting a. _ If services to clients are to be provided under this contract, the Provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6. Subcontractors must use IRAS in reporting incidents. In addition, Subcontractors must immediately call in all deaths and other serious incidents to BBCBC and the Department of Children and Families relating to individuals served which are likely to have an adverse Departmental impact or statewide media coverage and follow up by entering the incident into the IRAS system. b. — The Provider shall immediately report any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the Provider and its employees. 18. Civil Rights Requirements a. In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992, as applicable the Provider shall not discriminate against any employee (or applicant for employment) in the performance of this contract because of race, color, religion, sex, national origin, disability, age, or marital status. Further, the Provider agrees not to discriminate against any applicant, client, or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR 80, 83, 84, 90, and 91, Title VI of the Civil Rights Act of 1964, or the Florida Civil Rights Act of 1992, as applicable and CFOP 60M 16. These requirements shall apply to all contractors, subcontractors, sub-grantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. b. Complete the Civil Rights Compliance Checklist, CF Form 946 in accordance with CFOP 60:16 and 45 CFR 80. This is required of all Providers that have fifteen (15) or more employees. Subcontractors who are on the discriminatory vendor list may not transact business with any public entity, in accordance with the provisions of 287.134, F.S. 19. Public Entity Crime Pursuant to section 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with BBCBC. When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she 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 the 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 entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 20. Independent Capacity of the Subcontractor 13 8/25/14 Contract #AH105 Standard A a. In performing its obligations under this contract, the Provider shall at all times be acting in the capacity of an independent contractor and not as an officer, employee, or agent of BBCBC/PSYCHCARE or the State of Florida, except where the Provider is a State Agency. Neither the Provider nor its agents, employees, subcontractors, or assignees shall represent to others that it has the authority to bind BBCBC/PSYCHCARE unless specifically authorized in writing to do so. b. This subcontract does not create any right to BBCBC/PSYCHCARE or State retirement, leave benefits or any other benefits of BBCBC or state employees as a result of performing the duties or obligations of this contract. c. The Provider shall take such actions as may be necessary to ensure that each subcontractor of the Provider will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of BBCBC/PSYCHCARE or the State of Florida. d. BBCBC/PSYCHCARE will not furnish services of support (e.g., office space, office supplies. telephone service, secretarial or clerical support) to the Provider, or its subcontractor or assignee, unless specifically agreed to by BBCBC/PSYCHCARE in this subcontract. e. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Provider, the Provider’s officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Provider. 21. Sponsorship As required by section 286.25, E.S., if the Provider is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this subcontract, it shall, in publicizing, advertising, or describing the sponsorship of the program state: "Sponsored by (Provider’s name), Big Bend Community Based Care and the State of Florida, Department of Children and Families". If