STATE OF CONNECTICUT DEPARTMENT OF SOCIAL SERVICES CONTRACT AMENDMENT
Exhibit
10.2
STATE
OF CONNECTICUT
DEPARTMENT
OF SOCIAL SERVICES
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Amendment
Number:
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15
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Contract
#:
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093-MED-WCC-l
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Contract
Period:
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08/11/2001
- 06/30/2007
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Contractor
Name:
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WELLCARE
OF CONNECTICUT, INC.
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Contractor
Address:
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000
Xxxxxxxxxx Xxxxxx, 0xx
Xxxxx, Xxxxx Xxxxx, XX
00000
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In
response to the Orders by the Freedom of Information Commission, issued December
14,2005 and April 12, 2006, contract number 093-MED-WCC-l by and between
the
Department of Social Services (the "Department") and WELLCARE of CONNECTICUT,
Inc. (the "Contractor") for the provision of services under the HUSKY A program
as amended by Amendments 1,2, 3,4,5,6,7, 8, 9,10,11,12,13 and 14 is hereby
further amended as follows:
1.
In
performing any acts required or described by this Contract, the Contractor
shall
be considered to be performing a governmental function for the Department,
as
that term is defined in section 1-200(11) of the Connecticut General Statutes.
Pursuant to section 1-218 of the Connecticut General Statutes, therefore,
the
Department is entitled to receive a copy of records and files related to
the
performance of the governmental function, as set forth in this Contract.
Such
records and files are subject to the Freedom of Information Act and may be
disclosed by the Department pursuant to the Freedom of Information Act. Requests
to inspect or copy such records or files shall be made to DSS in accordance
with
the Freedom of Information Act. Accordingly, if the Contractor is in receipt
of
a request made pursuant to the Freedom of Information Act to inspect or copy
such records or files, the Contractor shall forward that request to
DSS.
2.
Upon
receipt of a Freedom of Information Act request by the Department that seeks
records or files related to the performance of the governmental function
performed by the Contractor for the Department, the Department shall send
such
request to the Contractor. The Contractor shall review the request and, with
reasonable promptness, search its records and files for documents that are
responsive to the request. The Contractor shall send to the Department a
copy of
those documents that are responsive to the request. If, upon review of the
request, the Contractor determines that it will require more than fourteen
(14)
days to search for and provide copies of responsive documents to the Department,
the Contractor shall contact the Department within seven (7) days of the
receipt
of the request from the Department.
3.
If the
Contractor concludes that any of the responsive documents may be exempt from
disclosure pursuant to section l-210(b) of the Connecticut General Statutes,
the
Contractor shall xxxx said documents prior to sending them to the Department
and
explain the basis for its conclusion. The Department shall review the
Contractor's explanation and, as necessary, discuss said conclusion with
the
Contractor. If the Department agrees that the marked documents may be exempt
under section l-210(b) of the Connecticut General Statutes, the Department
shall
not release those documents in its response to the Freedom of Information
request. If, however, the Department disagrees, in good faith, with the
conclusion by the Contractor that said documents may be exempt pursuant to
section l-210(b) of the Connecticut General Statutes, the Department shall
notify the Contractor, in writing, that it intends to release the documents
fourteen (14) days from the date of the notice.
4.
If the
Contractor concludes that a document is protected by the attorney-client
or work
product privilege, the Contractor may decline to produce the document and
must
specifically assert the privilege by identifying the nature of the document
and
claiming the privilege.
5.
If the
Contractor asserts an exemption under paragraph 3 or a privilege under paragraph
4 of this Contract, and the Department honors said claim, the Contractor
shall
seek to intervene in order to defend the claim for an exemption or privilege
in
any subsequent Freedom of Information Commission proceeding challenging the
Department's refusal to disclose said documents.
6.
This
Amendment is entered into as a result of orders of the Freedom of Information
Commission..If,
at
any time, such orders are reversed or otherwise declared not legal and binding,
this Amendment shall no longer be in effect.
7.
To the
extent that this amendment conflicts with any other provisions of the Contract,
this amendment supersedes those provisions. Otherwise, the other provisions
of
the Contract remain intact.
ACCEPTANCES
AND APPROVALS
This
document constitutes an amendment to the above numbered contract. All provisions
of that contract, except those explicitly changed or described above by this
amendment, shall remain in full force and effect.
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CONTRACTOR
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DEPARTMENT
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WellCare
of Connecticut, Inc
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Department of Social Services | |
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/s/
Xxxx X.
Xxxxx
4/25/06
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/s/ Xxxxxxx
Xxxxxxxxxx
5/1/06
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Signature
( Authorized
Official)
(Date)
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Signature
( Authorized
Official) (Date)
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OFFICE
OF THE ATTORNEY GENERAL
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Attorney
General (as to form)
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(
)This contract does require the signature of the Attorney General
pursuant
to an agreement between the Department and the Office of the Attorney
General dated: _____
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STATE
OF CONNECTICUT DEPARTMENT OF SOCIAL SERVICES
Authorization
of Signature Document
I,
Xxxxxxxx Xxxxxxx, Senior Vice President, General Counsel and
Secretary of
WellCare of Connecticut, Inc. (f/k/a/ FirstChoice Health Plans
of Connecticut,
Inc.), a corporation organized under the laws of the State of
Connecticut,
hereby certifies that the following is a full and true copy of
a resolution
adopted at a meeting of the Board of Directors of said company,
duly held on the
30th
day of
March, 2005:
"RESOLVED
that Xxxx X. Xxxxx, President and Chief Executive Officer is
hereby authorized
to make, execute and approve on behalf of this company, any and
all contracts
and amendments and to execute and approve on behalf of this company,
other
instruments, a part of or incident to such contracts and amendments
effective
until otherwise ordered by the Board of Directors".
Also,
I
do further certify that the above resolution has not been in
anyway altered,
amended or repealed, and is now in full force and effect. IN
WITNESS WHEREOF, I
have hereunto set my hand and affixed the corporate seal of said
company this
26th
day of
April, 2006.
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/s/ Xxxxxxxx Xxxxxxx
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4/26/06
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Authorized
Signature, Title
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Date
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(Seal
or
L.S.)
GIFT
AFFIDAVIT
(CONTRACT
- NO PREVIOUS BID OR PROPOSAL)
Gift
affidavit to accompany state procurements with a value of $50,000
or more in a
calendar year or fiscal year and licensing arrangements with
a cost to the State
greater than $50,000 in a calendar year, pursuant Conn. Stat.
§4-250
and 251, Governor M. Xxxx Xxxx’x Executive Order No. 7B, para.
10.
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Contractor:
WELLCARE of CONNECTICUT, Inc.
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Amount:
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Contract
#: 093-MED-WWC-1
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Period:
08/11/01 - 06/30/07
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I
Xxxx X.
Xxxxx, of WellCare of Connecticut, Inc., hereby swear that during
the two-year
period preceding the date this contract was executed that neither
myself nor any
principals or key personnel of the contracting firm or corporation
who
participated directly, extensively and substantially in the negotiation
of this
contract, nor any agent of the above, gave a gift as defined
in Conn. Gen. Stat.
§1-79(e), including a life event gift as defined in Conn. Gen.
Stat. § 1-79(e)
(12), to (1) any public official or state employee of the state
agency or
quasi-public agency who executed or participated directly, extensively,
and
substantially in the negotiation or award of the contract or
(2) to any public
official or state employee who has supervisory or appointing
authority over the
state agency or quasi-public agency executing this contract,
except the gifts
listed below:
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Benefactor
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Recipient
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Description
of Gift
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Value
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Date
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Further,
neither I nor any principals or key personnel of the contracting
firm or
corporation who participated directly, extensively and substantially
in the
negotiation or award of this contract know of any action to circumvent
this gift
affidavit.
Sworn
as
true to the best of my knowledge and belief subject to the penalties
of false
statement.
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/s/
Xxxx X. Xxxxx
Signature
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4/26/06
Date
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Sworn
and subscribed before me in this 26th
day of April
, 2006
/s/ Xxxxxxx
Xxxx
Commissioner
of the Superior Court Notary
Commission
Expires 6/19/07
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