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accounting; security; management systems; management consulting; educational
<br />training programs; research and development studies or reports on the findings
<br />of consultants engaged thereunder; and professional, technical, and social services
<br />and shall apply only to those services rendered by individuals and firms who are
<br />independent contractors. -
<br />(b) "Contractual service" does not include:
<br />1. Artistic services.
<br />2. Academic program reviews or lectures by individuals.
<br />3. Auditing services.
<br />4. Legal services including paralegals, expert witnesses including appraisal
<br />services, and court reporters.
<br />5. Health services involving examination, diagnosis, treatment, prevention,
<br />medical consultation or administration.
<br />6. Services provided to persons with mental or physical disabilities by not-
<br />for-profit corporations which have obtained an exemption under the provisions of
<br />s. 501(x)(3) of the Internal Revenue Code of 1954 or when such services are
<br />governed by the provisions of Office of Management and Budget Circular A-122.
<br />However, in acquiring such services, the agency shall consider the ability of the
<br />contractor, past performances,willingness to meet time requirements, and price.
<br />7. Medicaid services delivered to an eligible Medicaid recipient by a health
<br />care provider who has not previously applied for and received a Medicaid provider
<br />number from the Department of Health and Rehabilitative Services shall be exempt
<br />from the provisions of this section. However, this exception shall be valid for
<br />a period not to exceed 90 days after the date of delivery of service to the
<br />Medicaid recipient and shall not be renewed by the department.
<br />8. Family placement services. The acquisition of services from other
<br />governmental agencies and the performance of services in-house; other than those
<br />performed by an employee in an authorized position, wherein the rate of pay for
<br />the performance of such services does not exceed the rate of pay for an equivalent
<br />authorized position, shall not be subject to the provisions of this part.
<br />Contracts for types of services included in paragraph (b) shall be subject to the
<br />requirements of ss. 287.058, 287.059, 287.094, and the laws relating to the
<br />Comptroller's authority to audit expenditures for contractual services.
<br />(4) "Division" means the Division of Purchasing of the Department of General_
<br />Services.
<br />(5) "Minority-owned firm or company" means any legal entity, other than a joint
<br />venture, which is organized to engage in commercial transactions and which is at
<br />least 51 -percent owned and controlled by minority persons. "Minority person"
<br />means a member of a socially or economically disadvantaged group which for the
<br />purposes of this section includes blacks not of Hispanic origin, Hispanics,
<br />American Indians, Alaska Natives, Pacific Islanders, women, and physically or
<br />mentally disabled persons. As used in this section, "physically or mentally
<br />disabled person" means a person who has a physical, mental, or emotional impair-
<br />ment, defect, disease, ailment, or disability of a permanent nature which in any
<br />way limits the type of employment for which the person would otherwise be
<br />qualified.
<br />(6) "Artist" means an individual or group of individuals who profess and -
<br />practice a demonstrated creative talent and skill in the area of music, dance,
<br />drama, folk art, creative writing, painting, sculpture, photography, graphic
<br />arts, craft arts, industrial design, costume design, fashion design, motion
<br />pictures, television, radio, or tape and sound recording or in any other related
<br />field.
<br />(7) "Extension" means increasing the time allowed for the contract period due
<br />to circumstances which, without fault of either party, make performance impracti-
<br />cable or impossible, or which prevent a new contract from being executed, with a
<br />proportional increase in the total dollar amount, which is to be based on the
<br />method and rate previously established in the contract.
<br />(8) "Renewal" means contracting with the same contractor for an additional
<br />contract period after the initial contract, only if pursuant to contract terms
<br />specifically providing for such renewal.
<br />History. --s. 22, ch. 69-106, s. 1, ch. 80-374; ss. 4, 8, ch. 82-196.
<br />287.022 Purchase of insurance. --
<br />(1) Insurance, while not a commodity, nevertheless shall be purchased for all
<br />agencies by the division, and the procedures for purchasing insurance shall be
<br />the same as those set forth herein for the purchase of commodities.
<br />(2) When an insurer or agent pays a commission or any portion thereof to any
<br />person, on insurance purchased under part I of this chapter, such payment shall
<br />be reported to the division in writing and under oath within 30 days thereafter.
<br />Any failure to report as required herein shall subject the insurer or agent to
<br />the penalties provided in s. 624.15.
<br />History. --s. 22, ch. 69-106.
<br />UN 6 1984 goon 57 PACE 3037
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