CN-680000-AA434.pdf

AGREEMENT BETWEEN THE STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

AND

NORWITCH DOCUMENT LABORATORY

'This AGREEMENT is entered inco i.n t.he City of Tallahassee, Leen County, Florida, by ar.d between the Seate of Florida, Ager.cy for Health Care Administrat�on (the AGENCY), an agency of �he Seate of Florida, with headquarters located at 2727 i".ahan Drive, MS #3, Tallahassee, Florida; and Norwitch Document Laboratory (the

VENDOR), located at 1 7026 Hamlin Boulevard, Loxahatchee, F'l orida

33470. This AGREEMENT shall bind t'.'"le parties upon its execution by their representatives.

WHEREAS, the VENDOR is needed as an expert. wi c.ness in

Diagnoscic Medical Imaging LLC et Al. v. Agency for Health Care

Administration, (DOAH No. 21-2581);

WHEREAS, the VENDOR has the expertise necessary 1:.0 perform the duties and responsibilities our.lined in Lhis AGR�EMENT;

NOW, THEREFORE, the pa::-ties agree as follows:

ARTICLE 1. ENGAGEMENT OF THE CONTRACTOR

The /\GENCY agrees to engage the VENDOR and t.he VENDOR agrees t.o per form the services set for:.h be:..ow. The VENDOR understands and agrees that all services contrac:.ed for are to be performed solely by the VENDOR and may no� be subcon:.racLed for or assigned without the prior written :::onsent of the AGENCY.

AHCA Agency Agreement No. AA434 DocuSign Envelope ID: 40770044-97A4-45EB-94C0-FB0B9BDC53ED

ARTICLE 2. SCOPE OF SERVICES

The VENDOR agrees to provide expert services inc i uaing but not limited to the following: Provide and testify on behalf of the AGENCY in the form of affidavit, deposition, or open court via

"Zoom" or equivalent pertaining to the examination and results of the forensic document examination conducted by VENDOR in the instant matter. Additionally, VENDOR will provide exhibits as required to demonstrate such results.

VENDOR will serve as an expect to the AGENCY' s at Lorneys in connection with the Diaqnostic Medical Imaqing et Al v. Aqencv for

Health Care Administration litigation (D01'.H No. 71-2581).

VENDOR' s work product shall be confident.ial and VENDOR shall not disclose it to any per-son or entity other than the AGENCY.

ARTICLE 3. TIME OF PERFORMANCE

This AGREEMENT shall begin upon execution and end upon completion of t.he VENDORS services.

ARTICLE 4. CONSIDERATION

(1) Fees and costs shall be paid :.n accordar:ce with the provisions of EXHIBIT 1.

{2) Justified and reasonable travel expenses which are directly and exclusively related to the professional services rendered under this contract will be paid for by Lhe AGENCY in accordance with §112.061, Florida Statutes. Vendor will not bP.

required to travel pursuant to this agreement.

(3) The AGENCY is exempted from payment of �·1orida stace sales anci use taxes and Federal Excise cax. The VENDOR, however shall not use the AGENCY' s Tax exemption number to secure any materials or services. The VBNOOR shall be responsible and liable for the payment of all its FICA/Social Security and other t.axes resulting from this AGREEMENT, if applicable.

(4) The VENDOR shall noc. pledge the AGENCY's credit er. make the AGENCY a guaram:or of payment or surely for any contracr., debt., obligation, judgment, lien, or any form of indebLedness.

(5) Payrnem: for services sha:.l be issued in accordance wit!:

the provisions of §215.422, Florida Statctes. The VENDOR shall submit an invoice to the AGENCY along wic.h a W-9.

(6) Pursuant te Section 215.422 (5), Florida SLatutes, rhe

Department of Financial Services has established a Vendor

Ombudsman to act as an advocate for vendors. The Vendor Ombudsman may he reached ac. (850) 413-5516 or (800) 342-2762.

ARTICLE 5. DOCUMENTATION

(1) VENDOR shall submlt wri.cten invoices, in accordance with the require�ents of EXHIBI� 2, Fermat for Invoices, for all fees or other compensation for services or expenses in det.a l J su E ficien;:

for a proper pre-audit and post:-audir.. All invoices shall be s·.ibmi r.ted to Mary Clemmons fiai L'e, Agency for Health care

Ad.ministrat:.on, 2727 Mahan Drive, MS #3, TallahaAsee, FJ.erida

32308.

(2) Vendor shall, from the inception of this AGREEHF.NT until at least 4 years after the AGREEMENT expires or terminates, maintain detailed current records, including docu�entation of ell expenses, disbuL·sements, charges, crediLs, under:!.ying receipts and invoices, and other flnancial transactions that concern the provision of VENDCR' s services. VENDOR shall make a.:l such records available for inspection and copying upon request in accordance with Chapter 119, Florida Slatutes.

ARTICLE 6. PUBLIC RECORDS

All documents prepared by the VENDOR pursuant i:o this

AGREEHENT are subject to Florida's Public Records Law. Refusal of the VE1'DOR to allow public access i:o such records as required by such law shall constitute grounds for unilateral cancellation of this AGREEMENT.

ARTICLE 7. TERMINATION OF AGREEMENT

(1) The JI.GENCY and VENDOR may terminate the AGREEMENT for· its convenience or cat.:se by giving five (5) days written notice by registered mail, specifying the effective ciate of ,:,ermination. lf this AGREEMENT is terminated, the VENDOR shall be reimbursed for services satisfactorily performed prior co dar.,e of termination.

(2) If this AGREEMENT is terminar.,ed, all finished or unfinis�ed documents, data, studies, correspondence, reports and other ,noducts prepared by or for the VENDOR under this AGREEMENT shall be made available to and for the exclusive use of the AGENCY.

ARTICLE 8. AMENDMENTS

Any changes must be mutually agreed upon and incorporated in writ:ten amendmP-nts c.o this AGREEMENT.

ARTICLE 9. INDEPENDENT CONTRACTOR

The VENDOR, and any cf its employees, agents, or assigns, are independent contract.ors and not employees or agents of the AGENCY.

ARTICLE 10. LIABLITY

The AGENCY shall not: assume any liability for the acts, omissions co ace or negligence of the VENDOR, :.cs agents, servants, and employees, nor shall the VENDOR disclaim its own negligence to the AGENCY or any third party.

ARTICLE 11. AGREEMENT AS INCLUDING ENTIRE AGREEMENT

This instrument, including any attachments, embodies the entire AGREEMENT between the AGENCY AND VENDOR. There are no oc.her provisions, terms, conditions, or obligations. This AGREEMENT supersedes all previous oral or communications, representations or agreements on thjs subject between the AGENCY

AND VENDOR.

ARTICLE 12. SPECl:AL CONDITIONS

(1) The VENDOR agrees to permanencly refr2..ln rrorn using or mentioning its association wi ch the AGENCY in adver-Lisements, letterhead, business cards, ecc. The VENDOR'S services to �he

AGENCY may be generally described in the VENDOR' s professional resume. The VENDOR may not give the impression in any manner, that t.he AGENCY reco:nmends or endorses che VENDOR.

12) Anything that is produced by or developed in connection with this AGREEMENT shall rema::.n the exclusive property of the

AGENCY and may not be copyrighted, patented, or otherwise restricted as provided by law. Neither the VENDOR nor any individual employed under this AGREEMENT shall have any proprietary interest in any product(s) developed or produced under

,;;his AGREEMENT.

IN WITNESS WHEREOF, the Parties herei;o have caused th:.s eight

(8) page Aqreemeni::, which includes any referenced actachments.

This �.greement is not valid uni::il signed and dated by both Partie,s.

NORWITCH DOCUMENT LABORATORY

Frank Norwi.::ch

Date

AGENCY FOR HEALTH CARE

ADMINISTRATION

William H. Roberts Acting General Counse.i.

Date

AHCA Agency Agreement No. AA434

12/10/2021

EXHIBIT 1 - Fee Schedule

I. Hourly Billing Schedule

NAME

F. Harley Norwitch (Norwitch Document LaboraLcry) $400.00 hourly rate or any portion thereof (2-hour minimum)

II. Pre-Payment

The Agency ,,_.111 provide a pre-payrnent for (2) two hours of Vendor's rate upon submission of an invoice by ConLractor c.o Agency. Should acc.ual time and expenses exceed pre-paymem:, r.hat amount will be invoiced to the Agency.

III. Out-of-Pocket. Expenses

I� addition, the AGENCY shall reimburse VENDOR for out-of-pocket expenses incurred on behalf of AGENCY direcLly relating to expert testimony and must be supported by third party vc:1dor charges.

These expenses may include, but are not limited to, purchase of specific case-related materials, photographic/photocopying needs, exhib.i.Ls, and long-distance courier service. Auy expense more than $100.00, requires prior written approval from the AGENCY.

EXHIBIT 2 - FORMAT FOR INVOICES

1. Wichin 30 days of service provision, each stacement for fees and costs shal 1 be submitted in 2 copies, in a format that includes, at a minimum, the following information:

a. Case name and number.

b. Invoice number for the current bill.

c. VENDPR taxpayer identificacion n.:mber.

ct. Inclusi.ve dates of service covered by the invo·i ce.

e. ItemizaLion of the date; hours bjJled; a concise, meaningful description of the services rendered, with sufficient detail tc enable the l\GENCY and Risk Management to evaluate the services rendered and costs;

;;:he person (s) who performed the services for ea:::h day during which the VENDOR performed work; their hoi.:rly rate (if hourly) as specified in Exhibit l.

f. A listing of all invoiced costs to be accompanied by copies of actual receipts.

g. The cotal of only the current bill. Prior balances or payment history should be s:1own separately, if at all.

h. A certification statement, signed by the \lENDOR t:�ac reads, "I certify that all costs and fees claimed for payment are accurate and were performed in furcherance of the AGRESMENT between Norwi tch Oocume:it Laboratory and the Agency for Heal th Care l,dministrat ion.

i. Any other information as may be requested by the .?;GENCY.