27-104-81 - Revenue maximization contracts; indemnification provision required. - Mississippi Statutes

§ 27-104-81. Revenue maximization contracts; indemnification provision required.
 

(1)  For the purpose of this section: 

(a) "Agency" means any agency, department, institution or officer of the State of Mississippi. 

(b) "Revenue maximization contract" means a contract or other agreement between an agency and a person or entity under which the person or entity will seek to maximize federal funds for the use of the agency. 

(2)  If an agency enters into a revenue maximization contract with a person or entity after June 30, 2001, the contract must contain an indemnification provision that holds the person or entity liable to the state for reimbursement of the amount of federal funds that the state may be required to repay to the federal government as a result of any actions taken under the contract by the person or entity on behalf of the agency, or any actions taken by the agency as recommended by the person or entity, up to the amount that the person or entity received from the agency under the contract. 

(3)  If a revenue maximization contract entered into after June 30, 2001, does not contain the indemnification provision required by subsection (2) of this section, the indemnification requirement of subsection (2) shall be considered to be part of the contract by operation of law. 
 

Sources: Laws, 2001, ch. 369, § 1; Laws, 2003, ch. 334, § 1, eff from and after passage (approved Mar. 7, 2003.)