Quote # SC10-17Q
REQUEST FOR QUOTE
SUBSTANCE ABUSE TESTING
REQUIREMENTS AND SPECIFICATIONS
SCOPE OF SERVICE
The Hamilton County Department of Job & Family Services (HCJFS) is seeking proposals for
the purchase of substance abuse testing on adult and minor individuals referred by HCJFS,
Children’s Services. All tests and confirmations will be performed on state of the art equipment
by experienced staff. The analytical methods used for the detection of drugs of abuse should be
scientifically accepted and approved by the appropriate state and/or federal licensing entity. In
addition, substance abuse testings must be legally defensible.
REQUIREMENTS
Providers must have adequate capacity to accommodate referrals. For 2016, approximately 960
screens were completed and results provided to HCJFS. For 2017 to date, approximately 1,724
screens have been completed and results provided.
A. Substance abuse referrals will follow two (2) tracts:
1. Track 1 -Traditional Referrals
These referrals are to be scheduled the same day or within one (1) business day of
receipt of the referral from HCJFS. Provider must be available to be contacted for
scheduling during regular business hours (minimum of 7:00 AM –7:00 PM).
Test results must be provided to HCJFS within:
one (1) business day for urine collections;
three (3) business days for other types of specimen collections.
2. Track 2 - Drug Court Referrals
These referrals are to be provided via an automated randomized methodology
(i.e., call-in, number and color assignments), consistent with criminal drug court
requirements. Provider must be available seven (7) days a week, 365 days a year,
(minimum of 7:00 AM –7:00 PM). Each participant is to be screened twice a
week at a minimum.
Test results must be provided to Juvenile Court Specialized Court Coordinator
within:
one (1) business day for urine collections;
three (3) business days for other types of specimen collections.
Reporting must be provided immediately to Juvenile Court Specialized Court
Coordinator if the following occurs:
test positive;
failed to submit to testing;
submitted an altered sample;
submitted a sample test of another individual;
submitted a diluted sample.
B. Additional requirements for all tracts:
1. Toxicology levels must be provided upon request.
2. Provider must be able to deliver observed urine testing and other alternate testing
options such as, but not limited to, breathalyzer, blood or hair testing.
3. There are to be no gaps or closures (i.e., closed during lunch or other break
periods) during business hours of operations.
4. Result Reporting must be typed, submitted on official business letterhead and
individualized (one referent per report).
5. Provider must give HCJFS notice of closure, due to scheduled service
interruptions (i.e. computer systems upgrades) a minimum of one (1) week, prior
to actual closure.
6. Within 30 days of selection, Provider must submit a FAQ sheet to minimally
address items such as: when to use a specific type of test; provide
recommendation on frequency of testing; and list a contact person who will be
readily available to address additional questions.
QUALIFICATIONS
Provider must submit the following:
1. A copy of all required licensures from any state and/or federal entity;
2. A copy of any accreditations held by your agency; and
3. Details of your staff’s qualifications to conduct substance abuse testing.
TESTING METHODOLOGY
Provider must provide the following information:
1. Detail your procedures to ensure specimen integrity, validity of testing, and how
you ensure the chain of custody is maintained, including additional processing if
there is an initial positive testing.
2. Detail what substances the testing will identify. Testing, at a minimum, must
identify the following substances: 6-acetylmorphine, Alcohol, Amphetamine,
Barbiturates, Benzodiazepines, Buprenorphine (Suboxone), Cocaine, Ketamine,
Ecstasy, Marijuana, Methadone, Opiates, Fentanyl, and Tricyclic Antidepressants.
HCJFS reserves the right to periodically review the panel of substances tested to
determine if appropriate substances are being tested, and modify the panel if
needed.
3. Indicate what the threshold will be for considering a screening positive for a given
substance.
4. In addition to the basic testing described above, if there are additional substances
Provider can test for please list those substances and the additional cost, if any, for
each.
5. Other than urine specimen collection, are there alternative testing methods used by
your agency (i.e. breathalyzer, blood, hair)? If yes, detail what substances can be
identified using these testing methods, the cost of the testing, and the benefit of
using these alternative testing methods.
6. Explain in detail your process if a specimen does indicate positive for a tested
substance.
CAPACITY
Provider must provide the following:
1. Describe in detail your current capacity and how you will address the increased
capacity if awarded a contract with HCJFS;
2. Describe the geographic areas Provider serves; and
3. Describe how Provider will respond to the tracts as described above.
LOCATION/ FACILITY
Provider must describe the following:
1. Provider’s primary facility(ies) location(s) and if the location(s) is on or near a
bus line.
2. Staffing/availability levels at additional facilities (if applicable).
3. Location(s) where substance abuse testings are performed.
4. Provider’s hours of operation and if you operate outside of the hours of 7AM to 7
PM.
5. Method for verifying client identity at time of specimen collection.
6. Accommodations for individuals with disabilities and/or handicapped
accessibility.
7. Accommodations for individuals for whom English is a second language.
COST
HCJFS will only pay for pre-authorized clients that complete substance abuse testing with usable
results. Please provide a unit cost of each substance abuse test. Any additional cost for
toxicology confirmations should also be submitted with bid.
CONTRACT ISSUES
The contract term will be one (1) year.
QUESTIONS
Questions regarding this quote must be e-mailed to Sandra Carson, [email protected]
co.org on or before December 8, 2017 no later than noon. Questions will also be posted on
HCJFS’ website at www.hcjfs.org (select About and then Request for Quotes). HCJFS will
answer questions no later than December 12, 2017 by the close of business.
BID SUBMISSION
Please submit bid no later than 12:00 p.m. EST on or before December 15, 2017 one of the
following ways:
1) Fax:
Attention: Sandra Carson
Fax # 513-946-2384
2) E-mail:
Sandra Carson
3) Mail:
Hamilton County Job & Family Services
Attention: Sandra Carson – Contract Services 3
rd
Floor
222 East Central Parkway
Cincinnati, Ohio 45202
SUBSTANCE ABUSE SCREENING SERVICES
COST SHEET
Descriptions
Testing Methods Available
Unit Rate (s)
Twelve (12) Panel Testing
At a minimum, this screening should
include testing for the following
substances: 6 Acetylmorphine,
Alcohol, Amphetamine, Barbiturates,
Benzodiazepines,Buprenorphine,
Cocaine, Ecstasy, Marijuana,
Methadone, Opiates, Tricyclic
Antidepressants.
Toxicology Confirmations
OTHER SUBSTANCES TESTING FOR AND/OR RECOMMEND IF NEEDED
OUTSIDE OF THE PANEL LISTED ABOVE
Descriptions
Testing Methods Available
Unit Rate (s)
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Contract # __________
HAMILTON COUNTY
DEPARTMENT OF JOB & FAMILY SERVICES
PURCHASE OF SERVICE CONTRACT
This Contract is entered into on _______________________ between the Board of County
Commissioners of Hamilton County, Ohio through the Hamilton County Department of Job &
Family Services (Hereinafter “HCJFS”) and Name of organization, (Hereinafter “Provider”)
doing business as enter only if different name, with an office at Name and Street address,
Cincinnati, Ohio, 452XX, whose telephone number is (513) XXX-XXXX, for the purchase of
Substance Abuse Screening (the “Contract”).
1. TERM
This Contract will be effective from 01/01/2018 through 12/31/2018 (the “Initial Term”)
inclusive, unless otherwise terminated or extended by formal amendment.
The total amount of the Contract cannot exceed $000,000.00 over the life of this
Contract.
This contract was procured via Price Solicitation #SC__-__Q.
In addition to the Initial Term described above, this Contract may be renewed, at the
option of HCJFS, for one (1) additional, one (1) year terms (the “Renewal Term(s)”). If
HCJFS determines it will not enter into any Renewal Term, HCJFS will give Provider
written notice not less than sixty (60) days prior to the expiration of the term then in
effect, of its intention not to renew.
2. SCOPE OF SERVICE
A. EXHIBITS
Ohio Administrative Code 5101:2-36-01 (G) (6) requires Public Children
Services Agency to conduct assessments for parents/families, caregiver(s)
suspected of having any known legal or illegal substance abuse issues.
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Subject to terms and conditions set forth in this Contract and the attached exhibits,
Provider agrees to perform substance abuse screening services for individuals
referred by HCJFS (the “Consumer”) as more particularly described in Exhibit I –
Request For Quote, and Exhibit II – Provider’s Quote, (individually, the
“Service”, collectively the “Services”). The parties agree that a billable unit of
service is defined in Exhibit I – Scope of Work. The following exhibits are
deemed to be a part of this Contract as if fully set forth herein:
1. Exhibit I – Request For Quote
2. Exhibit II –Provider’s Quote
3. Exhibit III – Declaration of Property Tax Delinquency
4. Exhibit IV – Release of Personnel Records and Criminal Record Check
3. CONSUMER AUTHORIZATIONS
A. Form of Consumer Authorizations
Provider agrees that it will only provide Services to Consumers for whom it has
obtained a written pre-authorization from HCJFS (the “Consumer
Authorization”). Provider agrees it will give HCJFS thirty (30) days prior written
notice before terminating any Consumer currently enrolled with such Provider or
on temporary leave.
B. Reimbursement for Services
HCJFS will not reimburse for any Service: 1) not authorized via a Consumer
Authorization; 2) exceeding the total authorized Units of Service set forth on the
Consumer Authorization; or 3) exceeding the total dollar amount set forth on the
Consumer Authorization.
It is the responsibility of Provider to monitor the Units of Service set forth on each
Consumer Authorization. Provider agrees that it will not receive payment for any
Service exceeding a Consumer Authorization or for which no Consumer
Authorization has been issued. Provider is responsible for requesting additional
Consumer Authorizations prior to the time such additional Services are rendered.
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4. BILLING AND PAYMENT
A. Rates of Payment – HCJFS agrees to compensate Provider for completion of the
following screens:
SCREENINGS UNIT RATE
Twelve (12) Panel Testing
At a minimum, this screening should include testing for
the following substances: Acetylmorphine, Alcohol,
Amphetamine, Barbiturates, Benzodiazepines,Buprenorphine,
Cocaine, Ecstasy, Marijuana, Methadone, Opiates, Tricyclic
Antidepressants.
Toxicology Confirmations
Other Screening Test (Please identify)
A billable unit of service is defined as a completed substance abuse screening test,
toxicology confirmation report or any other completed screening test.
B. Unit Rate Calculation
Provider warrants and represents that the Unit Rates, submitted, submitted as a
part of its Quote, Exhibit II, is based upon current financial information and
projections and includes all categories of costs needed to calculate the cost of a
Unit of Service (the “Unit Rate”) and that all revenue sources available to
Provider to serve Consumers have been detailed in the Quote, Exhibit II, and
utilized, where possible, to reduce the Unit Rate.
Provider warrants and represents the following costs are not included in the Unit
Rates and these costs will not be included in any invoice submitted for payment:
1) the cost of equipment or facilities procured under a lease-purchase arrangement
unless it is applicable to the cost of ownership such as depreciation, utilities,
maintenance and repair; 2) bad debt or losses arising from uncollectible accounts
and other claims and related costs; 3) cost of prohibited activities from Section
501(c)(3) of the Internal Revenue Code; 4) contributions to a contingency reserve
or any similar provision for unforeseen events; 5) contributions, donations or any
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outlay of cash with no prospective benefit to the facility or program; 6)
entertainment costs for amusements, social activities and related costs for persons
other than Consumers; 7) costs of alcoholic beverages; 8) goods or services for
personal use; 9) fines, penalties or mischarging costs resulting from violations of,
or failure to comply with, laws and regulations; 10) gains and losses on
disposition or impairment of depreciable or capital assets; 11) cost of depreciation
on idle facilities, except when necessary to meet Contract demands; 12) costs
incurred for interest on borrowed capital or the use of a governmental unit’s own
funds, except as provided in Section 5101:2-47-26.1 of the Ohio Administrative
Code (“OAC”); 13) losses arising from other contractual obligations; 14)
organizational costs such as incorporation, fees to attorneys, accountants and
brokers in connection with establishment or reorganization; 15) costs related to
legal or other proceedings; 16) goodwill; 17) asset valuations resulting from
business combinations; 18) legislative lobbying costs; 19) cost of organized fund-
raising; 20) costs of investment counsel and staff and similar expenses incurred
solely to enhance income from investments; 21) any costs specifically subsidized
by federal monies with the exception of federal funds authorized by federal law to
be used to match other federal funds; 22) advertising costs with the exception of
service-related recruitment needs, procurement of scarce items and disposal of
scrap and surplus; 23) cost of insurance on the life of any officer or employee for
which the facility is beneficiary; and 24) major losses incurred through the lack of
available insurance coverage.
C. Invoice and Payment Procedure
1. Within thirty (30) days of the end of the service month, Provider shall
send an invoice to HCJFS. Provider shall make all reasonable efforts to
include all Service provided during the service month on the invoice.
Separate invoices must be provided for each service month. All invoices
must include the following information:
a. Provider’s name, address and telephone number;
b. Vendor number;
c. Unique invoice number;
d. The number of Units of Service supplied by Provider
multiplied by the Unit Rate for such Service;
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e. Invoice date and service dates;
f. Consumer’s name;
g. PO # (Contract Services or Program area will provide this
#) and Contract #;
h. Invoice must be original;
i. Must have total to be paid listed on the invoice; and
j. Must have both the Vendor’s/Provider’s and JFS Program
Person’s, original signature on the invoice.
The following items are not acceptable on invoices:
a. White out is not allowed anywhere on an invoice;
b. Stamped signatures – all signatures must be original; and
c. Faxed or copied invoices.
2. HCJFS will not pay for any Service if: a) the invoice for such Service is
submitted to HCJFS more than sixty (60) calendar days from the end of
the service month in which the Service was performed; unless timely
issuance of authorizations does not permit Provider the ability to submit
the invoice timely. It is the responsibility of the Provider to request special
consideration and documentation with its invoice if authorizations were
not submitted timely by HCJFS, or b) the invoice is incomplete or
inaccurate and the Provider fails to correct or complete such invoice
during the sixty (60) day period beginning at the end of the service month
in which the Service was performed.
Provider will not be granted an extension of time to correct timely, but
incomplete or inaccurate invoices.
3. HCJFS will make every reasonable effort to pay timely and accurate
invoices within thirty (30) calendar days of receipt for all invoices
received in accordance with the terms of this Contract. Notwithstanding
any other provision of this Contract to the contrary, HCJFS will only pay
for Services for which a Consumer Authorization was issued.
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D. Miscellaneous Payment Provisions
1. Additional Payment
The compensation paid pursuant to this Contract shall be payment in full
for any Service rendered pursuant to this Contract. No fees or costs shall
be charged without prior written approval of HCJFS.
2. Duplicate Payment
Provider warrants and represents claims made to HCJFS for payment for
Services provided shall be for actual Services rendered to Consumers and do
not duplicate claims made by Provider to other sources of public funds for the
same service.
3. Remittance Address
In order to ensure timely payment of submitted invoices, Provider agrees to
immediately report any changes in its organization’s remittance address to
HCJFS’ contract specialist.
5. ELIGIBILITY FOR SERVICES
Service is to be provided only for referrals made to the Provider by HCJFS on behalf of a
HCJFS Consumer.
6. NO ASSURANCES
Provider acknowledges that, by entering into this Contract, HCJFS is not making any
guarantees or other assurances as to the extent, if any, that HCJFS will utilize Provider’s
services or purchase its goods. In this same regard, this Contract in no way precludes,
prevents, or restricts Provider from obtaining and working under additional contractual
arrangement(s) with other parties, assuming the contractual work in no way impedes
Provider’s ability to perform the services required under this Contract. Provider warrants
that at the time of entering into this Contract, it has no interest in nor shall it acquire any
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interest, direct or indirect, in any contract that will impede its ability to provide the goods
or perform the services under this Contract.
7. AVAILABILITY OF FUNDS
This Contract is conditioned upon the availability of federal, state, or local funds
appropriated or allocated for payment for services provided under the terms and
conditions of this Contract. By sole determination of HCJFS, if funds are not sufficiently
allocated or available for the provision of the services performed by Provider hereunder,
HCJFS reserves the right to exercise one of the following alternatives:
A. Reduce the utilization of the services provided under this Contract,
without change to the terms and conditions of the Contract; or
B. Issue a notice of intent to terminate the Contract.
HCJFS will notify Provider at the earliest possible time of such decision. No penalty
shall accrue to HCJFS in the event either of these provisions is exercised. HCJFS shall
not be obligated or liable for any future payments due or for any damages as a result of
termination under this section.
8. TERMINATION
A. Termination for Convenience
1. By HCJFS
This Contract may be terminated by HCJFS upon notice, in writing,
delivered upon the Provider thirty (30) calendar days prior to the effective
date of termination.
2. By Provider
This Contract may be terminated by Provider upon notice, in writing,
delivered upon HCJFS thirty (30) calendar days prior to the effective date
of termination.
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B. Termination for Cause by HCJFS
If Provider fails to provide the Services as provided in this Contract for any
reason other than Force Majeure, or if Provider otherwise materially breaches this
Contract, HCJFS may consider Provider in default. HCJFS agrees to give
Provider thirty (30) days written notice specifying the nature of the default and its
intention to terminate. Provider shall have seven (7) calendar days from receipt of
such notice to provide a written plan of action to HCJFS to cure such default.
HCJFS is required to approve or disapprove such plan within five (5) calendar
days of receipt. In the event Provider fails to submit such plan or HCJFS
disapproves such plan, HCJFS has the option to immediately terminate this
Contract upon written notice to Provider.
If Provider fails to cure the default in accordance with an approved plan, then
HCJFS may terminate this Contract at the end of the thirty (30) day notice period.
Any extension of the time periods set forth above shall not be construed as a
waiver of any rights or remedies the County or HCJFS may have under this
Contract.
For purposes of the Contract, material breach shall mean an act or omission that
violates or contravenes an obligation required under the Contract and which, by
itself or together with one or more other breaches, has a negative effect on, or
thwarts the purpose of the Contract as stated herein. A material breach shall not
include an act or omission, which has a trivial or negligible effect on the quality,
quantity, or delivery of the goods and services to be provided under the Contract.
Notwithstanding the above, in cases of substantiated allegations of: i) improper or
inappropriate activities, ii) loss of required licenses iii) actions, inactions or
behaviors that may result in harm, injury or neglect of a Consumer, iv) unethical
business practices or procedures; and v) any other event that HCJFS deems
harmful to the well-being of a Consumer; HCJFS may immediately terminate this
Contract upon delivery of a written notice of termination to Provider.
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C. Effect of Termination
1. Upon any termination of this Contract, Provider shall be compensated for
any invoices that have been issued in accordance with this Contract for
Services satisfactorily performed in accordance with the terms and
conditions of this Contract up to the date of termination. In addition,
HCJFS shall receive credit for reimbursement made, as of the date of
termination, when determining any amount owed to Provider.
2. Provider, upon receipt of notice of termination, agrees to take all
necessary or appropriate steps to limit disbursements and minimize costs
and furnish a report, as of the date of receipt of notice of termination,
describing the status of all work under this Contract, including without
limitation, results accomplished, conclusions resulting therefrom and any
other matters as HCJFS may require.
3. Provider shall not be relieved of liability to HCJFS for damages sustained
by HCJFS by virtue of any breach of the Contract by Provider. HCJFS
may withhold any compensation to Provider for the purpose of off-set
until such time as the amount of damages due HCJFS from Provider is
agreed upon or otherwise determined.
9. FORCE MAJEURE
If by reason of force majeure, the parties are unable in whole or in part to act in
accordance with this Contract, the parties shall not be deemed in default during the
continuance of such inability. Provider shall only be entitled to the benefit of this
paragraph for fourteen (14) days if the event of force majeure does not affect HCJFS’
property or employees which are necessary to Provider’s ability to perform.
The term “Force Majeure” as used herein shall mean without limitation: acts of God;
strikes or lockout; acts of public enemies; insurrections; riots; epidemics; lightning;
earthquakes; fire; storms; flood; washouts; droughts; arrests; restraint of government and
people; civil disturbances; and explosions.
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Provider shall, however, remedy with all reasonable dispatch any such cause to the extent
within its reasonable control, which prevents Provider from carrying out its obligations
contained herein.
10. TRANSITION PLAN
The Transition Plan to be used in the event of termination or expiration of this Contract
is attached to and incorporated into this Contract as Exhibit n. The goals of the
Transition Plan are to: a) ensure continuity of care; b) not disrupt care unnecessarily; and
c) ensure the safety of Consumers and their families. The parties agree that each shall
provide reasonable cooperation in the transitioning of responsibilities to any other
person or entity selected by HCJFS to assume administration of such responsibilities.
To ensure continuity of services to Consumers and families, the Transition Plan, at a
minimum, includes the following schedule:
A. Consumer records will be provided to HCJFS thirty (30) days prior to the
termination date of the Contract;
B. A monthly Service Authorization report will be provided to HCJFS or designee
until the termination date of the Contract; and
C. “Data dump” to HCJFS of all consumer data from Provider’s electronic systems
will occur within thirty (30) days after the termination date of the Contract.
HCJFS reserves the right to waive any of the above Transition Plan requirements and
dates at its sole discretion.
11. GOOD FAITH EFFORT
In the event of termination of this Contract, both parties agree to work cooperatively and
use their best efforts to minimize any adverse affects of such termination on the
Consumers.
12. DISPUTE RESOLUTION
The Parties agree to work cooperatively to resolve any dispute in the most efficient and
expeditious manner possible. Within thirty (30) calendar days from the time the Provider
discovers or should have discovered that a matter is properly an issue that should be
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determined under Section 13, Provider shall prepare and submit a Notice of Dispute. The
Notice of Dispute shall state the facts surrounding the claim, together with its character
and scope and include any proof to substantiate any dispute and a means by which to
resolve the dispute in the best interest of the parties. The Notice of Dispute shall be
forwarded in writing to the following representatives of the parties as follows:
A maximum of forty-five (45) working days is allowed at each of Step 1 and Step 2
(unless extended in writing by both parties) before the dispute resolution procedure is
automatically elevated to the next higher step. Step 1 representatives are as follows:
Representative for HCJFS: HCJFS’ Unit Supervisor for Contract Services
Representative for Provider: Provider’s Project Manager
If an agreement cannot be reached during Step 1, the grieving party may elevate the
dispute to Step 2 using the following representatives:
Representative for HCJFS: Director of Contract Services
Representative for Provider: Provider’s Project Manager
All representatives shall communicate with each other to readily resolve items in dispute.
Nothing herein shall preclude either party from pursuing its remedies available at law or
in equity.
13. WARRANTIES AND REPRESENTATIONS
A. Provider warrants and represents that, at all times during the Contract term,
Provider shall maintain all required licensure or certifications in good standing.
Provider additionally shall immediately notify HCJFS of any action, modification
or issue relating to said licensure or certification.
B. Provider warrants and represents that its Services shall be performed in a
professional and work like manner in accordance with applicable professional
standards.
C. Provider warrants and represents that Provider and all subcontractors who provide
direct or indirect services under this Contract will comply with all requirements of
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federal, state and local laws and regulations, including but not limited to Office of
Management and Budget Circular A-133, 2 C.F.R. Part 215, 2 C.F.R. Part 220, 2
C.F.R. Part 225, 2 C.F.R. Part 230, ORC statutes and OAC rules, and the statutes
and rules of Provider’s home state in the conduct of work hereunder.
D. Provider warrants and represents all other sources of revenue have been actively
pursued prior to billing HCJFS for Services, including but not limited to, third
party insurance, Medicaid, and any other source of local, state or federal revenue.
All revenue sources currently accessed by Provider and available to serve the
Consumers identified in the Scope of Service shall be listed in the budget and
utilized, where permissible, to reduce the cost of the contracted service to HCJFS.
E. Provider warrants and represents that separate books and records, including, but
not limited to the general ledger account journals and profit/loss statements have
been established and will be maintained for the revenue and expenses of this
program.
F. Provider warrants and represents that it will be responsible for the payment of any
and all unemployment compensation premiums, income tax deductions, pension
deductions, and any other taxes or payroll deductions required for the
performance of the Services by Provider’s employees.
14. QUALITY REVIEW
Provider agrees to participate in and comply with the requirements of HCJFS utilization
review, quality management and credentialing and re-credentialing programs and to
observe and comply with all other protocols, policies, guidelines and programs
established by HCJFS.
15. MAINTENANCE OF SERVICE
Provider certifies the Services being reimbursed are not available from the Provider on a
non-reimbursable basis or for less than the Unit Rate and that the level of service existing
prior to the Contract, if applicable, shall be maintained. Provider further certifies federal
funds will not be used to supplant non-federal funds for the same service.
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16. REPORTS
A. Provider agrees to report all cases of suspected abuse, neglect or dependency to
HCJFS through (513) 241-KIDS, the child welfare hotline for HCJFS. Provider
agrees to cooperate and assist in any investigation and follow-up activities
occurring in relation to such cases.
B. HCJFS reserves the right to request additional reports at any time during the
Contract period. It is the responsibility of Provider to furnish HCJFS with such
reports as requested. HCJFS may exercise this right without a Contract
amendment.
C. HCJFS reserves the right to withhold payment until such time as all required
reports are received.
17. GRIEVANCE PROCESS
Provider will post its grievance policy and procedures in a public or common area at each
contracted site so all Consumers and representatives are able to observe this policy.
Provider will notify HCJFS in writing on a monthly basis of all grievances initiated by
Consumers or their representatives involving the services. Provider shall submit any
facts pertaining to the grievance and the resolution of the grievance to HCJFS Contract
Manager, no less frequently than monthly.
18. NON-DISCRIMINATION IN EMPLOYMENT
Provider certifies it is an equal opportunity employer and shall remain in compliance with
state and federal civil rights and nondiscrimination laws and regulations including, but
not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended, the
Rehabilitation Act of 1973, the Americans with Disabilities Act, the Age Discrimination
Act of 1975, the Age Discrimination in Employment Act, as amended, and the Ohio Civil
Rights Law.
During the performance of this Contract, Provider will not discriminate against any
employee, contract worker, or applicant for employment because of race, color, religion,
sex, national origin, ancestry, disability, Vietnam-era veteran status, age, political belief
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or place of birth. Provider will take affirmative action to ensure that during employment
all employees are treated without regard to race, color, religion, sex, national origin,
ancestry, disability, Vietnam-era veteran status, age, political belief or place of birth.
These provisions apply also to contract workers. Such action shall include, but is not
limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising, layoff, or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Provider agrees to
post in conspicuous places, available to employees and applicants for employment,
notices stating Provider complies with all applicable federal, state and local non-
discrimination laws and regulations.
Provider, or any person claiming through the Provider, agrees not to establish or
knowingly permit any such practice or practices of discrimination or segregation in
reference to anything relating to this Contract, or in reference to any contractors or
subcontractors of said Provider.
19. NON-DISCRIMINATION IN THE PERFORMANCE OF SERVICES
Provider agrees to comply with the non-discrimination requirements of Title VI of the
Civil Rights Act of 1964, 42 USC Section 2000d, and any regulations promulgated
thereunder. Provider further agrees that it shall not exclude from participation in, deny
the benefits of, or otherwise subject to discrimination any HCJFS Consumer in its
performance of this Contract on the basis of race, color, sex, national origin, ancestry,
disability, Vietnam-era veteran status, age, political belief, or place of birth.
Provider further agrees to comply with OAC 5101:9-02-01 and OAC 5101:9-02-05, as
applicable, which require that contractors and sub-grantees receiving federal funds must
assure that persons with limited English proficiency (LEP) can meaningfully access
services. To the extent Provider provides assistance to LEP Consumers through the use of
an oral or written translator or interpretation services in compliance with this
requirement, Consumers shall not be required to pay for such assistance.
20. PUBLIC ASSISTANCE WORK PROGRAM PARTICIPANTS
Pursuant to ORC Chapter 5107 and 5108, the Prevention, Retention, and Contingency
Program, Provider agrees to not discriminate in hiring and promoting against applicants
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for and participants for the Ohio Works First Program. Provider also agrees to include
such provision in any such contract, subcontract, grant or procedure with any other party
which will be providing services, whether directly or indirectly, to HCJFS Consumers.
21. SOLICITATION OF EMPLOYEES
Provider and HCJFS warrant that for one (1) calendar year from the beginning date of
this Contract, Provider and HCJFS will not solicit each other’s employees for
employment. The term “Provider” includes any agent or representative of the Provider.
22. RELATIONSHIP
Nothing in this Contract is intended to, or shall be deemed to constitute a partnership,
association or joint venture with Provider in the conduct of the provisions of this
Contract. Provider shall at all times have the status of an independent contractor without
the right or authority to impose tort, contractual or any other liability on HCJFS or the
BOCC.
23. CONFLICT OF INTEREST
Provider agrees there is no financial interest involved on the part of any employee or
officer of HCJFS or the County involved in the development of the specifications or the
negotiation of this Contract. Provider has no knowledge of any situation that would be a
conflict of interest. It is understood a conflict of interest occurs when a HCJFS employee
will gain financially or receive personal favors as a result of the signing or
implementation of this Contract.
Provider will report the discovery of any potential conflict of interest to HCJFS. If a
conflict of interest is discovered during the term of this Contract, HCJFS may exercise
any right under the Contract, including termination of the Contract.
24. DISCLOSURE
Provider hereby covenants it has disclosed any information that it possesses about any
business relationship or financial interest said Provider has with a County employee,
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employee’s business, or any business relationship or financial interest a County employee
has with Provider or in Provider’s business.
25. CONFIDENTIALITY
Provider agrees to comply with all federal and state laws applicable to HCJFS and the
confidentiality of HCJFS Consumers. Provider understands access to the identities of
any HCJFS Consumers shall only be as necessary for the purpose of performing its
responsibilities under this Contract. Provider agrees that the use or disclosure of
information concerning HCJFS Consumers for any purpose not directly related to the
administration of this Contract is prohibited. Provider will ensure all Consumer
documentation is protected and maintained in a secure and safe manner.
26. PUBLIC RECORDS
This Contract is a matter of public record under the Ohio public records law. By entering
into this Contract, Provider acknowledges and understands that records maintained by
Provider pursuant to this Contract may also be deemed public records and subject to
disclosure under Ohio law. Upon request made pursuant to Ohio law, HCJFS shall make
available the Contract and all public records generated as a result of this Contract.
27. AVAILABILITY AND RETENTION OF RECORDS
A. Provider agrees all records, documents, writing or other information, including
but not limited to, financial records, census records, consumer records and
documentation of legal compliance with OAC rules, produced by Provider under
this Contract, and all records, documents, writings or other information, including
but not limited to financial, census and consumer used by Provider in the
performance of this Contract shall be maintained for a minimum of three (3)
years. All records relating to costs, work performed and supporting
documentation for invoices submitted to HCJFS by Provider, along with copies of
all deliverables submitted to HCJFS pursuant to this Contract, will be retained and
made available by Provider for inspection and audit by HCJFS, or other relevant
governmental entities including, but not limited to the Hamilton County
Prosecuting Attorney, ODJFS, the Auditor of the State of Ohio, the Inspector
General of Ohio or any duly appointed law enforcement officials and the United
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States Department of Health and Human Services for a minimum of three (3)
years after reimbursement for services rendered under this Contract. If an audit,
litigation or other action is initiated during the time period of the Contract,
Provider shall retain such records until the action is concluded and all issues
resolved or the three (3) years have expired, whichever is later.
B. Provider agrees it will not use any information, systems or records made available
to it for any purpose other than to fulfill the contractual duties specified herein,
without permission of HCJFS.
C. Provider agrees to keep all financial records in a manner consistent with generally
accepted accounting principles and OAC 5101:2-47-26.1.
D. Records must be maintained for all Services provided by this Contract and all the
expenses incurred in the operation of the programs described herein. Services
provided and expenses incurred without proper documentation will not be
reimbursed, and overpayments will be recovered through the audit process.
Proper documentation of Service provided is defined as a personal record of
Service maintained by Provider staff that details the Service(s) provided to or on
behalf of a Consumer, with the beginning and ending time(s) of the Service(s).
28. AUDIT REQUIREMENTS
A. Provider shall conduct or cause to be conducted an annual independent audit of its
financial statements in accordance with the audit requirements of ORC Chapter
117. Audits will be conducted using a “sampling” method. Depending on the
type of audit conducted, the areas to be reviewed using the sampling method may
include but are not limited to months, expenses, total units, and billable units.
B. Provider agrees to accept responsibility for receiving, replying to and complying
with any audit exception or finding, related to the provision of Service under this
Contract.
Provider agrees to repay HCJFS the full amount of payment received for duplicate
billings, erroneous billings, or false or deceptive claims. When an overpayment is
identified and the overpayment cannot be repaid in one month, Provider may be
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asked to sign a Repayment Agreement with HCJFS. Provider agrees HCJFS may
withhold any money due and recover through any appropriate method any money
erroneously paid under this Contract if evidence exists of less than full
compliance with this Contract. If repayments are not made according to
the
agreed upon terms, future checks may be held until the repayment of funds is
current. Checks held more than sixty (60) days may be canceled and may not be
re-issued. HCJFS also reserves the right to not increase the rate(s) of payment or
the overall Contract amount for services purchased under this Contract if there is
any outstanding or unresolved issue related to an audit finding. Any change to the
Repayment Agreement will require a formal amendment to be signed by all
parties.
C. Provider agrees to give HCJFS a copy of Provider’s most recent annual report and
most recent annual independent audit report within fifteen (15) days of receipt of
such reports.
D. To the extent applicable, Provider will cause a single or program-specific audit to
be conducted in accordance with OMB Circular A-133. Provider should submit a
copy of the completed audit report to HCJFS within forty-five (45) days after
receipt from the accounting firm performing such audit.
E. HCJFS reserves the right to evaluate programs of Provider and its subcontractors.
The evaluation may include, but is not limited to reviewing records
, observing
programs, and interviewing program employees and Consumers. HCJFS shall not
be responsible for costs incurred by Provider for these evaluations.
29. DEBARMENT AND SUSPENSION
Provider will, upon notification by any federal, state, or local government agency,
immediately notify HCJFS of any debarment or suspension of Provider being imposed or
contemplated by the federal, state or local government agency. Provider will
immediately notify HCJFS if it is currently under debarment or suspension by any
federal, state, or local government agency.
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30. DEBT CHECK PROVISION
The Debt Check Provision, ORC 9.24, prohibits public agencies from awarding a
contract for goods, services, or construction, paid for in whole or in part from state funds,
to a person or entity against whom a finding for recovery has been issued by the Ohio
Auditor of State if the finding for recovery is unresolved. By entering into this Contract,
Provider warrants and represents a finding for recovery has not been issued to the Ohio
Auditor of State. Provider further warrants and represents Provider shall notify HCJFS
within one (1) business day should a finding for recovery occur during any term of the
Contract.
31. CORRECTIVE ACTION PLANS
Provider agrees to notify HCJFS immediately of any Corrective Action Plan (“CAP”)
issued from any state or other county agency regarding the services provided pursuant to
this Contract. HCJFS may withhold Consumer Authorizations or immediately terminate
this Contract, upon written notice, if Provider fails to comply with any state or county
CAP. HCJFS will send written notice to the Provider in the event Consumer
authorizations are being withheld. Upon request, Provider shall meet with HCJFS staff in
a timely manner to provide a written plan detailing how it will respond to any CAP.
Provider will also keep HCJFS informed of the current status regarding a CAP.
32. PROPERTY OF HAMILTON COUNTY
The deliverable(s) and any item(s) provided or produced pursuant to this Contract
(collectively “Deliverables”) shall be considered “works made for hire” within the
meaning of copyright laws of the United States of America and the State of Ohio.
HCJFS is and shall be deemed the sole author of the Deliverables and the sole owner of
all rights therein. If any portion of the Deliverables are deemed not to be a “work made
for hire,” or if there are any rights in the Deliverables not so conveyed to HCJFS, then
Provider agrees to and by executing this Contract hereby does assign to HCJFS all
worldwide rights, title, and interest in and to the Deliverables. HCJFS acknowledges that
its sole ownership of the Deliverables under this Contract does not affect Provider’s right
to use general concepts, algorithms, programming techniques, methodologies, or
technology that have been developed by Provider prior to or as a result of this Contract or
that are generally known and available.
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Any Deliverable provided or produced by Provider under this Contract or with funds
hereunder, including any documents, data, photographs and negatives, electronic
reports/records, or other media, are the property of HCJFS, which has an unrestricted
right to reproduce, distribute, modify, maintain, and use the Deliverables. Provider will
not obtain copyright, patent, or other proprietary protection for the Deliverables.
Provider will not include in any Deliverable any copyrighted matter, unless the copyright
owner gives prior written approval for HCJFS and Provider to use such copyrighted
matter in the manner provided herein. Provider agrees that all Deliverables will be made
freely available to the general public unless HCJFS determines that, pursuant to state or
federal law, such materials are confidential or otherwise exempt from disclosure.
33. INSURANCE
Provider agrees to procure and maintain for the term of this Contract the insurance set
forth herein. The cost of all insurance shall be borne by Provider. Insurance shall be
purchased from a company licensed to provide insurance in Ohio. Insurance is to be
placed with an insurer provided an A.M. Best rating of no less than A-: VII. Waiver of
subrogation shall be maintained by Provider for all insurance policies applicable to this
contract, as further defined in paragraph F. 7. of this section and as required by ORC
2744.05. Provider shall purchase the following coverage and minimum limits:
A. Commercial general liability insurance policy with coverage contained in the
most current Insurance Services Office Occurrence Form CG 00 01 or equivalent
with limits of at least One Million Dollars ($1,000,000.00) per occurrence and
One Million Dollars ($1,000,000.00) in the aggregate and at least One Hundred
Thousand Dollars ($100,000.00) coverage in legal liability fire damage.
Coverage will include:
1. Additional insured endorsement;
2. Product liability;
3. Blanket contractual liability;
4. Broad form property damage;
5. Severability of interests;
6. Personal injury; and
7. Joint venture as named insured (if applicable).
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Endorsements for physical abuse claims and for sexual molestation claims must be a
minimum of Three Hundred Thousand Dollars ($300,000.00) per occurrence and
Three Hundred Thousand Dollars ($300,000.00) in the aggregate.
B. Business auto liability insurance of at least One Million Dollars ($1,000,000.00)
combined single limit, on all owned, non-owned, leased and hired automobiles. If
the Contract contemplates the transportation of the users of Hamilton County
services (such as, but not limited to HCJFS Consumers) and Provider provides
this service through the use of its employees’ privately owned vehicles “POV”,
then the Provider’s Business Auto Liability insurance shall sit excess to the
employees “POV” insurance and provide coverage above its employee’s “POV”
coverage. Provider agrees the business auto liability policy will be endorsed to
provide this coverage.
C. Professional liability (errors and omission) insurance of at least One Million
Dollars ($1,000,000.00) per claim and in the aggregate.
D. Umbrella and excess liability insurance policy with limits of at least One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate, above the
commercial general and business auto primary policies and containing the
following coverage:
1. Additional insured endorsement;
2. Pay on behalf of wording;
3. Concurrency of effective dates with primary;
4. Blanket contractual liability;
5. Punitive damages coverage (where not prohibited by law);
6. Aggregates: apply where applicable in primary;
7. Care, custody and control – follow form primary; and
8. Drop down feature.
The amounts of insurance required in this section for General Liability, Business
Auto Liability and Umbrella/Excess Liability may be satisfied by Provider
purchasing coverage for the limits specified or by any combination of underlying
and umbrella limits, so long as the total amount of insurance is not less than the
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limits specified in General Liability, Business Auto Liability and
Umbrella/Excess Liability when added together.
E. Workers’ Compensation insurance at the statutory limits required by Ohio Revised
Code.
F. The Provider further agrees with the following provisions:
1. All policies, except workers’ compensation and professional liability, will
endorse as additional insured the Board of County Commissioners
Hamilton County, Ohio and Hamilton County Department of Job &
Family Services, and their respective officials, employees, agents, and
volunteers. The additional insured endorsement shall be on an ACORD
or ISO form.
2. The insurance endorsement forms and the certificate of insurance forms
will be sent to: Risk Manager, Hamilton County, Room 707, 138 East
Court Street, Cincinnati, Ohio 45202, Fax number (513) 946- 4720; and to
HCJFS, Contract Services, 3
rd
floor, 222 East Central Parkway,
Cincinnati, Ohio 45202. The forms must state the following: “Board of
County Commissioners, Hamilton County, Ohio and Hamilton County
Department of Job & Family Services, and their respective officials,
employees, agents, and volunteers are endorsed as additional insured as
required by Contract on the commercial general, business auto and
umbrella/excess liability policies.”
3. Each policy required by this clause shall be endorsed to state that coverage
shall not be canceled or materially changed except after thirty (30) days
prior written notice given to: Risk Manager, Hamilton County, Room 707,
138 East Court Street, Cincinnati, Ohio 45202; and to HCJFS, Contract
Services, 3
rd
floor, 222 East Central Parkway, Cincinnati, Ohio 45202.
4. Provider shall furnish the Hamilton County Risk Manager and HCJFS
with original certificates and amendatory endorsements effecting coverage
required by this clause. All certificates and endorsements are to be
received by Hamilton County before the Contract commences. Hamilton
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County reserves the right at any time to require complete, certified copies
of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
Failure of HCJFS to demand such certificate or other evidence of full
compliance with these insurance requirements or failure of HCJFS to
identify a deficiency from evidence provided shall not be construed as a
waiver of Provider’s obligation to maintain such insurance.
5. Provider shall declare any self-insured retention to Hamilton County
pertaining to liability insurance. Provider shall provide a financial
guarantee satisfactory to Hamilton County and HCJFS guaranteeing
payment of losses and related investigations, claims administration and
defense expenses for any self-insured retention.
6. If Provider provides insurance coverage under a “claims-made” basis,
Provider shall provide evidence of either of the following for each type of
insurance which is provided on a claims-made basis: unlimited extended
reporting period coverage which allows for an unlimited period of time to
report claims from incidents that occurred after the policy’s retroactive
date and before the end of the policy period (tail coverage), or; continuous
coverage from the original retroactive date of coverage. The original
retroactive date of coverage means original effective date of the first
claim-made policy issued for a similar coverage while Provider was under
Contract with the County on behalf of HCJFS.
7. Provider will require all insurance policies in any way related to the work
and secured and maintained by Provider to include endorsements stating
each underwriter will waive all rights of recovery, under subrogation or
otherwise, against the County and HCJFS. Provider will require of
subcontractors, by appropriate written contracts, similar waivers each in
favor of all parties enumerated in this section.
8. Provider, the County, and HCJFS agree to fully cooperate, participate, and
comply with all reasonable requirements and recommendations of the
insurers and insurance brokers issuing or arranging for issuance of the
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policies required here, in all areas of safety, insurance program
administration, claim reporting and investigating and audit procedures.
9. Provider’s insurance coverage shall be primary insurance with respect to
the County, HCJFS, their respective officials, employees, agents, and
volunteers. Any insurance maintained by the County or HCJFS shall be
excess of Provider’s insurance and shall not contribute to it.
10. If any of the work or Services contemplated by this Contract is
subcontracted, Provider will ensure that any subcontractors comply with
all insurance requirements contained herein.
34. INDEMNIFICATION & HOLD HARMLESS
To the fullest extent permitted by and in compliance with applicable law, Provider agrees
to protect, defend, indemnify and hold harmless the County, HCJFS and their respective
members, officials, employees, agents, and volunteers (the “Indemnified Parties”) from
and against all damages, liability, losses, claims, suits, actions, administrative
proceedings, regulatory proceedings/hearings, judgments and expenses, subrogation (of
any party involved in the subject of this Contract), attorneys’ fees, court costs, defense
costs or other injury or damage (collectively “Damages”), whether actual, alleged or
threatened, resulting from injury or damages of any kind whatsoever to any business,
entity or person (including death), or damage to property (including destruction, loss of,
loss of use of resulting without injury damage or destruction) of whatsoever nature,
arising out of or incident to in any way, the performance of the terms of this Contract
including, without limitation, by Provider, its subcontractor(s), Provider’s or its
subcontractor’s (s’) employees, agents, assigns, and those designated by Provider to
perform the work or services encompassed by the Contract. Provider agrees to pay all
damages, costs and expenses of the Indemnified Parties in defending any action arising
out of the aforementioned acts or omissions.
In addition, Provider agrees to pay all Damages, liabilities, costs and expenses of the
Indemnified Parties in defending any action arising regardless of any conflict of interest
that may exist between the Indemnified parties and Provider. In the event Provider fails
to defend the Indemnified Parties as set forth in this paragraph, which may result in a
breach of contract, such parties may defend themselves and Provider shall pay all actual
25
costs and expenses for such defense including, but not limited to, judgments, awards,
amounts paid in settlement, applicable court costs, witness fees and attorneys’ fees. The
respective rights and obligations of the parties under this paragraph shall survive the
expiration or termination of the contract for any reason.
35. RESERVED
36. MEDIA RELATIONS, PUBLIC INFORMATION, AND OUTREACH
Although information about and generated under this Contract may fall within the public
domain, Provider will not release information about or related to this Contract to the
general public or media verbally, in writing, or by any electronic means without prior
approval from the HCJFS Communications Director, unless Provider is required to
release requested information by law. HCJFS reserves the right to announce to the
general public and media: award of the Contract, Contract terms and conditions, scope of
work under the Contract, deliverables and results obtained under the Contract, impact of
Contract activities, and assessment of Provider’s performance under the Contract. Except
where HCJFS approval has been granted in advance, Provider will not seek to publicize
and will not respond to unsolicited media queries requesting: announcement of Contract
award, Contract terms and conditions, Contract scope of work, government-furnished
documents HCJFS may provide to Provider to fulfill the Contract scope of work,
deliverables required under the Contract, results obtained under the Contract, and impact
of Contract activities.
If contacted by the media about this Contract, Provider agrees to notify the HCJFS
Communications Director in lieu of responding immediately to media queries. Nothing
in this section is meant to restrict Provider from using Contract information and results to
market to specific consumers or prospects.
37. MARKETING
Any program description intended for internal or external use shall contain a statement
that funding for such program is provided by the Board of County Commissioners,
Hamilton County, Ohio on behalf of the Hamilton County Department of Job and Family
Services.
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38. CHILD SUPPORT ENFORCEMENT
Provider agrees to cooperate with ODJFS and any Ohio Child Support Enforcement
Agency ("CSEA") in ensuring Provider and Provider’s employees meet child support
obligations established under state or federal law. Further, by executing this Contract,
Provider certifies present and future compliance with any court or valid administrative
order for the withholding of support which is issued pursuant to the applicable sections in
ORC Chapters 3119, 3121, 3123, and 3125.
39. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPAA)
Provider agrees to comply with all Health Insurance Portability and Accessibility Act
(“HIPAA”) requirements and meet all HIPAA compliance dates.
40. SCREENING AND SELECTION
A. Criminal Record Check
Provider warrants and represents it will comply with ORC 2151.86 and will
complete criminal record checks on all individuals assigned to work with,
volunteer with or transport Consumers. Provider will obtain a statewide
conviction record check through the Bureau of Criminal Identification and
Investigation (”BCII”) and obtain a criminal record transcript from the Cincinnati
Police Department, the Hamilton County Sheriff’s Office (or appropriate local
Police and Sheriff’s Offices) and any additional law enforcement or police
department necessary to conduct a complete criminal record check of each
individual providing services. Individual’s record checks must be monitored
annually thereafter. Annual checks may be completed via an HCJFS approved
record search company or directly with appropriate local Police and Sheriff’s
Offices. Provider shall insure that every above described individual will sign a
release of information, attached hereto and incorporated herein as Exhibit nn to
allow inspection and audit of the above criminal records transcripts or reports by
HCJFS or a private vendor hired by HCJFS to conduct compliance reviews on
their behalf.
27
Provider shall not assign any individual to work with or transport Consumers until
a BCII report and a criminal record transcript has been obtained. A BCII report
must be dated within six (6) months of the date an employee or volunteer is hired.
Except as provided in Section C below, Provider shall not utilize any individual
who has been convicted or plead guilty to any violations contained in ORC
5153.111(B)(1) and OAC Chapters 5101:2-5, 5101:2-7, 5101:2-48.
B. Bureau of Motor Vehicle Transcript
Any individual transporting Consumers shall possess the following qualifications:
1. prior to allowing an individual to transport a Consumer, an initial
satisfactory Bureau of Motor Vehicle (“BMV”) transcript from the State
of Ohio (or the state the provider conducts its business) and, if applicable,
from the individual’s state of residence must be obtained; and
2. thereafter, an annual satisfactory BMV abstract report must be obtained
from the State of Ohio (or the state the provider conducts its business) and,
if applicable, from the individual’s state of residence; and
3. a current and valid driver’s license must be maintained.
In addition to the requirements set forth above, Provider will not permit any
individual to transport a Consumer if:
1. the individual has a condition which would affect safe operation of a motor
vehicle;
2. the individual has six (6) or more points on his/her driver’s license; or
3. the individual has been convicted of driving while under the influence of
alcohol or drugs.
C. Rehabilitation
Notwithstanding the above, Provider may make a request to HCJFS to utilize an
individual if Provider believes the individual has met the rehabilitative standards
of Ohio Administrative Code Section 5101 as follows:
28
1. If the Provider is seeking rehabilitation for a foster caregiver, a foster care
applicant or other resident of the foster caregiver’s household, Provider
must provide written verification that the rehabilitation standards of OAC
5101:2-7-02 have been met.
2. If the Provider is seeking rehabilitation for any other individual serving
HCJFS Consumers, Provider must provide written verification from the
individual that the rehabilitative conditions of OAC 5101:2-5-09 have
been met.
HCJFS will review the facts presented and may allow the individual to work with,
volunteer with or transport HCJFS Consumers on a case-by-case basis. It is
HCJFS’ sole discretion to permit a rehabilitated individual to work with,
volunteer with or transport our Consumers.
D. Verification of Job or Volunteer Application
Provider will check and document each applicant’s personal and employment
references, general work history, relevant experience, and training information.
Provider further agrees it will not employ an individual to provide Services in
relation to this Contract unless it has received satisfactory employment references,
work history, relevant experience, and training information.
41. LOBBYING
During the life of this Contract, Provider warrants and represents that Provider has not
and will not use Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, office or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. § 1352. Provider further warrants and represents that Provider
shall disclose any lobbying with any non-Federal funds that takes place in connection
with obtaining any Federal award. Upon receipt of notice, HCJFS will issue a
termination notice in accordance with the terms of this Contract. If Provider fails to
29
notify HCJFS, HCJFS reserves the right to immediately suspend payment and terminate
this Contract.
42. DRUG-FREE WORKPLACE
Provider certifies and affirms Provider will comply with all applicable state and federal
laws regarding a drug-free workplace as outlined in 45 CFR Part 630, Subpart F.
Provider will make a good faith effort to ensure all employees performing duties or
responsibilities under this Contract, while working on state, county or private property,
will not purchase, transfer, use or possess illegal drugs or alcohol, or abuse prescription
drugs in any way.
43. FAITH BASED ORGANIZATIONS
Provider agrees it will perform the Services under this Contract in compliance with
Section 104 of the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 in a manner that will ensure the religious freedom of Consumers is not diminished
and it will not discriminate against any Consumer based on religion, religious belief, or
refusal to participate in a religious activity. No funds provided under this Contract will
be used to promote the religious character and activities of Provider. If any Consumer
objects to the religious character of the organization, Provider will immediately notify
HCJFS.
44. CONSUMER EDUCATION & HEALTH INFORMATION DOCUMENTATION
Provider agrees to comply with the provisions of the OAC related to the provision and
documentation of comprehensive health care for children in placement. Such provisions
include but are not limited to OAC 5101:2-42-66.1 and 5101:2-42-66.2. A copy of all
health care documentation shall be maintained in Consumer’s case file and supplied to
HCJFS upon receipt by the Provider.
Provider further agrees to assist HCJFS in securing and maintaining the educational and
school enrollment documentation required by OAC 5101:2-39-08.
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45. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT
Provider agrees to comply with all applicable standards, orders or regulations issued
pursuant to section 306 of the Clean Air Act (42 U.S.C. 7401), section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and any applicable Environmental
Protection Agency regulation. Provider understands that violations of all applicable
standards, orders or regulations issued pursuant to section 306 of the Clean Air Act (42
U.S.C.7401), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and any applicable Environmental Protection Agency regulation must be reported
to the Federal awarding agency and the Regional Office of Environmental Protection
Agency (EPA).
46. ENERGY POLICY AND CONSERVATION ACT
Provider agrees to comply with all applicable standards, orders or regulations issued
relating to energy efficiency that are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89
Stat. 871).
47. DECLARATION OF PROPERTY TAX DELINQUENCY
After award of this Contract and prior to the time this Contract was entered into, Provider
submitted a statement in accordance with ORC Section 5719.042 related to personal
property taxes. In compliance with the statute, a copy of such statement is incorporated
in this Contract as if fully set forth herein.
48. ASSIGNMENT AND SUBCONTRACTING
The parties expressly agree this Contract shall not be assigned by Provider without the
prior written approval of HCJFS. Provider may not subcontract any of the Services
agreed to in this Contract without the express written consent of HCJFS.
Notwithstanding any other provisions of this Contract affording Provider an opportunity
to cure a breach, Provider agrees the assignment of any portion of this Contract or use of
any subcontractor, without HCJFS prior written consent, is grounds for HCJFS to
terminate this Contract with one (1) day prior written notice.
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All subcontracts are subject to the same terms, conditions, and covenants contained
within this Contract. Provider agrees it will remain primarily liable for the provision of
all Services under this Contract and it will monitor any approved subcontractors to assure
all requirements under this Contract, including, but not limited to reporting requirements,
are being met. Provider must notify HCJFS within one (1) business day when Provider
knows or should have known the subcontractor is out of compliance or unable to meet
Contract requirements. Should this occur, Provider will immediately implement a
process whereby subcontractor is immediately brought into compliance or the
subcontractor’s Contract with Provider is terminated. Provider shall provide HCJFS with
written documentation regarding how compliance will be achieved. Under such
circumstances, Provider shall notify HCJFS of subcontractor’s termination and shall
make recommendations to HCJFS of a replacement subcontractor. All replacement
subcontractors are subject to the prior written consent of HCJFS. Provider is responsible
for making direct payment to all subcontractors for any and all services provided by such
contractor.
49. GOVERNING LAW
This Contract and any modifications, amendments, or alterations, shall be governed,
construed, and enforced under the laws of Ohio.
50. LEGAL ACTION
Any legal action brought pursuant to the Contract will be filed in Hamilton County, Ohio
courts under Ohio law.
51. INTEGRATION AND MODIFICATION
This instrument embodies the entire Contract of the parties. There are no promises,
terms, conditions or obligations other than those contained herein; and this Contract shall
supersede all previous communications, representations or contracts, either written or
oral, between the parties to this Contract. This Contract shall not be modified in any
manner except by an instrument, in writing, executed by the parties to this Contract.
32
Provider acknowledges and agrees that only staff from the HCJFS Contract Services
Section may implement written Contract changes. In no event will an oral agreement
with HCJFS be recognized as a legal and binding change to the Contract.
52. SEVERABILITY
If any term or provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid or unenforceable, the remainder of this
Contract or the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable shall not be affected thereby and
each term and provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
53. AMENDMENT
This writing constitutes the entire Contract between Provider and HCJFS with respect to
the Services. This Contract may be amended only in writing. Notwithstanding the above,
the parties agree that amendments to laws or regulations cited herein will result in the
correlative modification of this Contract, without the necessity for executing written
amendments. The impact of any applicable law, statute, or regulation enacted after the
date of execution of this Contract will be incorporated into this Contract by written
amendment signed by Provider and HCJFS and effective as of the date of enactment of
the law, statute, or regulation.
54. WAIVER
Any waiver by either party of any provision or condition of this Contract shall not be
construed or deemed to be a waiver of any other provision or condition of this Contract,
nor a waiver of a subsequent breach of the same provision or condition.
55. NO ADDITIONAL WAIVER IMPLIED
If HCJFS or Provider fails to perform any obligations under this Contract and thereafter
such failure is waived by the other party, such waiver shall be limited to the particular
matter waived and shall not be deemed to waive any other failure hereunder. Waivers
shall not be effective unless in writing.
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56. CONTRACT CLOSEOUT
At the discretion of HCJFS, a Contract Closeout may occur within ninety (90) days after
the completion of all contractual terms and conditions. The purpose of the Contract
Closeout is to verify that there are no outstanding claims or disputes and to ensure all
required forms, reports and deliverables were submitted to and accepted by HCJFS in
accordance with Contract requirements.
57. NON-EXCLUSIVE
This is a non-exclusive Contract, and HCJFS may purchase the same or similar item(s)
from other Providers at any time during the term of this Contract.
58. CONTACT INFORMATION
A. HCJFS Contacts -Provider should contact the following HCJFS staff with
questions:
Name & Email
Address
Telephone Facsimile Department Responsibility
(513) 946- (513) 946-2384 Contract
Services
contract changes, contract
language
(513) 946- (513) 946- Program
Management
service point of contact,
service authorization,
invoice review
(513) 946- (513) 946- Fiscal billing & payment, invoice
processing
B. Provider Contacts -HCJFS should contact the following Provider staff with any
questions:
Name & Email
Address
Telephone Facsimile Department Responsibility
Business
Management
contract changes, contract
language
Program
Management
service point of contact,
service referral contact
34
The terms of this contract are hereby agreed to by both parties, as shown by the signatures of
representatives of each.
SIGNATURES
In witness whereof, the parties have hereunto set their hands on this day of _____, 201x.
Provider or Authorized Representative: _________________________________________
Title: ________________________________________________ Date: __________________
By: ________ Date: __________________
County Administrator
Hamilton County, Ohio
OR
By: ________ Date: __________________
Purchasing Director
Hamilton County, Ohio
Recommended By:
Date: ____________________
Moira Weir, Director
Hamilton County Department of Job & Family Services
Approved as to form:
By: _______________________________________ Date: _____________________
Prosecutor’s Office
Hamilton County, Ohio
Prepared By: ______
Checked By: ______
Approved By:______
222 East Central Parkway Cincinnati, Ohio 45202-1225
General Information: (513) 946-1000
General Information TDD: (513) 946-1295
FAX: (513) 946-2250
www.hcjfs.org
www.hcadopt.org
www.hcfoster.org
Employer Name:
Employee Name:
Employee
Address:
Authorization
Date:
Expiration
Date:
RELEASE OF PERSONNEL RECORDS AND CRIMINAL RECORD CHECKS
Whereas R.C. 2151.86 requires the Hamilton County Department of Job and Family Services (HCJFS) to
obtain a criminal records check on each employee and volunteer of a HCJFS Provider who is responsible for
a consumer’s care during service delivery, and
Whereas HCJFS, and HCJFS’ funding organizations, may be required to audit the records of Providers to
ensure compliance with provisions relating to criminal record checks of Providers’ employees who are
responsible for a consumer’s care during service delivery, and
NOW THEREFORE
I authorize HCJFS, and those entitled to audit its records, to review my personnel records, including, but not
limited to, criminal records checks. This authorization is valid for this, and the three subsequent fiscal years
of HCJFS.
Signature________________________________________ Date _____________________
A. Criminal Record Check
Provider shall comply with R.C. Sections 2151.86 and 5153.111. Generally these require that every
employee or volunteer of Provider who has contact with a Consumer have an effective criminal record
check. Notwithstanding the aforesaid, an employee or volunteer, without an effective criminal record
check, may have contact with a Consumer if he/she is accompanied by an employee with an effective
criminal record check. As used in this section an “effective criminal record check” is a criminal record
check performed by the Ohio Bureau of Criminal Identification and Investigation, done in compliance
with ORC 2151.86, which demonstrates that the employee or volunteer has not been convicted of any
offense listed in R.C. Section 2151.86(C).
