Regional Generic Provider Agreement - Ohio Department of Job and ...
Regional Generic Provider Agreement - Ohio Department of Job and ...
Regional Generic Provider Agreement - Ohio Department of Job and ...
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Baseline<br />
Covered Families <strong>and</strong> Children (CFC) Population<br />
Page 10<br />
provider agreement. The provisions <strong>of</strong> this section shall survive the expiration or<br />
termination <strong>of</strong> this provider agreement.<br />
I. MCP agrees to refrain from promising or giving to any ODJFS employee anything <strong>of</strong><br />
value that is <strong>of</strong> such a character as to manifest a substantial <strong>and</strong> improper influence upon<br />
the employee with respect to his or her duties. MCP also agrees that it will not solicit an<br />
ODJFS employee to violate any ODJFS rule or policy relating to the conduct <strong>of</strong><br />
contracting parties or to violate sections 102.03, 102.04, 2921.42 or 2921.43 <strong>of</strong> the <strong>Ohio</strong><br />
Revised Code.<br />
J. By executing this agreement, MCP certifies <strong>and</strong> affirms that HHS, US Comptroller<br />
General or representatives will have access to books, documents, etc. <strong>of</strong> MCP.<br />
K. By executing this agreement, MCP agrees to comply with the false claims recovery<br />
requirements <strong>of</strong> Section 6032 <strong>of</strong> The Deficit Reduction Act <strong>of</strong> 2005 (also see Section<br />
5111.101 <strong>of</strong> the Revised Code).<br />
L. MCP, its <strong>of</strong>ficers, employees, members, any subcontractors, <strong>and</strong>/or any independent<br />
contractors (including all field staff) associated with this agreement agree to comply with<br />
all applicable state <strong>and</strong> federal laws regarding a smoke-free <strong>and</strong> drug-free workplace.<br />
The MCP will make a good faith effort to ensure that all MCP <strong>of</strong>ficers, employees,<br />
members, <strong>and</strong> subcontractors will not purchase, transfer, use or possess illegal drugs or<br />
alcohol, or abuse prescription drugs in any way while performing their duties under this<br />
<strong>Agreement</strong>.<br />
M. MCP hereby represents <strong>and</strong> warrants to ODJFS that it has not provided any material<br />
assistance, as that term is defined in O.R.C. Section 2909.33(C), to any organization<br />
identified by <strong>and</strong> included on the United States <strong>Department</strong> <strong>of</strong> State Terrorist Exclusion<br />
List <strong>and</strong> that it has truthfully answered “no” to every question on the “Declaration<br />
Regarding Material Assistance/Non-assistance to a Terrorist Organization.” MCP<br />
further represents <strong>and</strong> warrants that it has provided or will provide such to ODJFS prior<br />
to execution <strong>of</strong> this <strong>Agreement</strong>. If these representations <strong>and</strong> warranties are found to be<br />
false, this <strong>Agreement</strong> is void ab initio <strong>and</strong> MCP shall immediately repay to ODJFS any<br />
funds paid under this <strong>Agreement</strong>.<br />
ARTICLE XIII - CONSTRUCTION<br />
A. This provider agreement shall be governed, construed <strong>and</strong> enforced in accordance with<br />
the laws <strong>and</strong> regulations <strong>of</strong> the State <strong>of</strong> <strong>Ohio</strong> <strong>and</strong> appropriate federal statutes <strong>and</strong><br />
regulations. The provisions <strong>of</strong> this <strong>Agreement</strong> are severable <strong>and</strong> independent, <strong>and</strong> if any<br />
such provision shall be determined to be unenforceable, in whole or in part, the remaining<br />
provisions <strong>and</strong> any partially enforceable provision shall, to the extent enforceable in any<br />
jurisdiction, nevertheless be binding <strong>and</strong> enforceable.<br />
ARTICLE XIV - INCORPORATION BY REFERENCE