Microsoft Word - 01 Cover Letter Issuance

Adult Services/421-LIFE  Cash Assistance  Child Care Services

Child Support Services  Children’s Services/241-KIDS  Employment and Training

Food Stamps  Medicaid 

Board of Commissioners:

Denise Driehaus, Chris Monzel, Todd Portune

County Administrator: Jeff Aluotto, County

dministrato

Director: Moira Weir

General Information: (513) 946-1000

General Information TDD: (513) 946-1295

www.hcjfs.org

www.hcadopt.org

www.hcfoster.org

222 E. Central Parkway  Cincinnati, Ohio 45202

(513) 946-1408  Fax: (513) 946-2384

E-mail: [email protected]

March 17, 2017

Dear Provider:

The Hamilton County Department of Job & Family Services (HCJFS) is soliciting price quotes from

Providers for Interstate Compact on the Placement of Children (ICPC) Adoption/Foster Care Home

Studies for youth who are being considered for local placement from another state Agency and is

requested under the terms and conditions of the ICPC rules.

Enclosed is a Request for Quote (RFQ) which identifies the service need and service specifications.

Please review the RFQ to determine if this is a service you may be interested in providing.

Please submit questions on or before March 24, 2017 no later than 12:00 p.m. EST.

Responses are due on or before March 31, 2017 no later than 12:00 p.m. EST one of the following ways:

1. Fax:

Attention: Sandra Carson

Fax # 513-946-2384

2. E-mail:

[email protected]

3. Mail:

Hamilton County Job & Family Services

Attention: Sandra Carson – 3NW109

222 E. Central Parkway

Cincinnati, OH 45202

Thank you for your consideration of this matter and I look forward to receiving a response from you.

Sandra Carson

Contract Manager

513-946-1408

Request for Quote

Interstate Compact on the Placement of Children (ICPC) Adoption/Foster Care

Home Studies

Bid # SC10-16Q

CONTRACT TERM:

A contract will be written for twelve (12) months. The anticipated start date of services is May 1,

2017. There is an additional two (2) years renewal option with this contract.

SCOPE OF SERVICE:

Hamilton County Department of Job & Family Services (HCJFS) is seeking a Provider to conduct

(ICPC) adoptive and foster home study assessments in addition to ICPC kinship assessments for

youth who are being considered for local placement from another state Agency and is requested

under the terms and conditions of the ICPC rules. ICPC is the means by which states ensure

protection of, and services to, children who are placed across state lines. ICPC is a binding

contract among all fifty (50) states, the District of Columbia and the U.S. Virgin islands. Upon

request Hamilton County Job & Family Services is required to investigate and assess an individual

for appropriateness of placement for a specific child or sibling group. Provider agrees to conduct

all placement supervision services and complete all required supervision paperwork under

conditions and terms of the ICPC upon placement of the child and in collaboration with HCJFS.

Provider shall also conduct non-ICPC adoption studies for kin families who will adopt children in

HCJFS custody and Provider must waive pre-service training requirement at the request of

HCJFS. In addition, Provider shall be certified by Ohio Department of Job & Family Services

(ODJFS) to act as a representative of ODJFS in recommending approval or denial for foster care

certification.

The services the Provider performs shall meet all of the following: the applicable federal, state,

and local standards, regulations, and licensing requirements of Provider’s jurisdiction; the

established child welfare ethical standards for good practice; the standards established pursuant

to this agreement; and the standards and regulations of the ODJFS for Private Child Placing

Agencies (PCPAs) or Private Non-custodial Agencies (PNCAs) whichever is applicable to the

Provider including all rules specified in chapter 5101:2-48 of the Ohio Administrative Code (OAC)

currently in effect and subsequently adopted by the ODJFS.

PROVIDER RESPONSIBILITIES:

 Provider must be able to jointly approve homes for foster care and adoption services.

 Provider will be responsible to investigate the appropriateness of placement for a specific

child or sibling group through an adoptive/foster care home study assessment in

collaboration with and on behalf of HCJFS. The services shall include provision of all

training, home visits, interviews, reference reviews and any required assessment

necessary to complete a home study for the identified family with a recommendation of

approval or denial. If the family is recommended for approval, Provider shall accept the

child or sibling group for placement under authority of the sending state. Provider shall

enter into agreement with the sending state for placement costs associated to care.

 Provider shall complete a home study (assessment) within sixty (60) days from date

referral is received or submit a written notice with reason for delay and status of

assessment to HCJFS prior to the expiration of the sixty (60) days.

Final completion to approve or to deny may take up to one hundred eighty (180) days and

must comply with all applicable administrative rules in addition to any other applicable

Receiving State requirements. The court may order expedited placement that requires

completion of a home study within twenty (20) days from date referral is received.

 Provider shall submit a completed home study within twenty (20) days from date referral

is received or must submit written notice with reason for delay to HCJFS prior to the

expiration of the twenty (20) day period. Status reports are due every sixty (60) days

thereafter until completion of the home study.

 Provider shall commence the home study within five (5) business days of referral. Provider

shall immediately alert HCJFS in the event the applicant refuses to comply with any of the

home study requirements, fails to respond to attempts to make contacts (3 or more) or

indicates an unwillingness to proceed with the home study. Provider shall discontinue

assessment at any point it is determined the applicant or any household member has a

factor which would prohibit them from being recommended for approval under OAC.

 Provider agrees to conduct at a minimum, monthly face-to-face home visits with children

who are subject to placement and all household members to assess ongoing safety and

the care givers continued ability to meet the needs of the child and submit a monthly report

to the Public Children Service Agency

 Provider agrees to coordinate service provision with the PCSA including health, education

and behavioral health services for the child and any necessary training, education and

supportive services to the care giver.

 Provider agrees to provide all activities associated with ongoing approval and certification

of the home. If placement is made, home visits will commence and Provider agrees to

monitor and maintain the home (by ensuring the home meets all of the licensing

requirements) until the placement disrupts, the child has been discharged from placement,

the adoption has finalized or the sending state’s custody has terminated.

 Provider has the ability to assist and complete ICPC adoption finalization paperwork as

requested by the sending state.

 In the event placement disrupts, Provider must be able to locate a safe alternate setting

for the child and work cooperatively with HCJFS and the sending state to return the child

to his/her home state.

 Upon approval or denial of a placement resource, Provider shall submit two (2) packets

to HCJFS containing the following:

 Results of the home assessment;

 Written statement that assures the prospective caregivers were provided all

available information about the child;

 HCJFS’ recommendation of the approval or denial of the placement. This decision

is based on the caregivers ability and willingness to care for the specific child

proposed for placement;

 All required attachments to the narrative in accordance with the rule for the type of

home that is the subject of the assessment, such as copies of background checks,

references, etc.and;

 Quarterly ICPC reports for the sending state (PCSA who has responsibility for the

child)

For homes currently licensed or approved, Provider shall submit an addendum to include

assessment of the placement resources’ willingness and ability to provide care for the specified

child or sibling group.

HCJFS will enter into a contract with selected Provider for one year beginning May 1, 2017

through April 30, 2018, with the option to renew for two (2) additional one (1) year terms.

Questions:

Questions regarding this quote must be e-mailed to Sandra Carson, [email protected]

co.org on or before March 24, 2017 no later than 12:00 p.m.

Cost Information:

Provider: __________________________

Cost per Completed and Approved Home Study Assessment $ ___________

Cost per Completed But Denied Home Study Assessment $ ___________

Cost per Partially Completed Home Study Assessment

(two (2) or more home visits) $___________

Cost per Monthly Home Visits (for purpose of homestudy

completion or ongoing licensing and placement supervision) $ ___________

Cost per Completed and Approved Kinship Home Study Assessment $ ___________

Cost per Completed But Denied Kinship Home Study Assessment $ ___________

Cost per Partially Completed Kinship Home Study Assessment $___________

(two (2) or more home visits)

Other: Cost per Adoption Finalization $ ___________

20% of payment will be withheld in the event Provider fails to complete the homestudy within the

required timeframes.

All price quotes must be held firm for the period May 1, 2017 through April 30, 2018.

HCJFS reserves the right to award this contract to multiple bidders.

For planning purposes, HCJFS completed sixteen (16) relative adoption studies, two (2) foster

studies and sixteen (16) relative studies in 2016. HCJFS currently supervises eleven (11)

relative homes for children placed via ICPC through another state.

Deadline information:

Please submit response on or before March 31, 2017 no later than 12:00 p.m. EST one of the

following ways:

1) Fax:

Attention: Sandra Carson

Fax # 513.946.2384

2) E-mail:

[email protected]

3) Mail:

Hamilton County Job & Family Services

222 E. Central Parkway

Cincinnati, OH 45202

Attention: Sandra Carson

Contract Services 3NW109

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 (XXX) XXX-XXXX, for the purchase of

ICPC Adoptive and Foster Home Study Assessments and Kinship Assessments (the

“Contract”).

1. TERM

This Contract will be effective from MM/DD/YYYY through MM/DD/YYYY (the

“Initial Term”) inclusive, unless otherwise terminated or extended by formal amendment.

The total amount of the Contract cannot exceed $50,000.00 over the life of this Contract.

Bid # _____________was the procurement method used to procure the service under this

Contract.

In addition to the Initial Term described above, this Contract may be renewed, at the

option of HCJFS, for two (2) additional, one (1) year terms (the “Renewal Term(s)”). If

HCJFS determines it will not enter into any Renewal Term, it 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

Subject to terms and conditions set forth in this Contract and the attached exhibits,

Provider agrees to provide adoptive and foster home study assessments and

kinship assessments for youth who are being considered for placement from

another state Agency request, under the terms and conditions of ICPC, as more

particularly described in Exhibit I, Request for Quote and Exhibit II – Provider’s

Quote (individually, the “Service”, collectively the “Services”). The following

exhibits are deemed to be a part of this Contract as if fully set forth herein:

1. Request For Quote

2. Exhibit II – Providers’ Quote

3. Exhibit III –Declaration of Property Tax Delinquency

4. Exhibit IV – Release of Personnel Records and Criminal Record Checks

B. ORDER OF PRECEDENCE

This Contract is based upon Exhibits I through IV as defined in 2.A. Exhibits

above. This Contract and all exhibits are intended to supplement and complement

each other and shall, where possible, be so interpreted. However, if any provision

of this Contract irreconcilably conflicts with an exhibit, this Contract takes

precedence over the exhibits. In the event there is an inconsistency between the

exhibits, the inconsistency will be resolved in the following order:

1. Exhibit I – Request For Quote

2. Exhibit II – Provider’s Quote

C. HCJFS RESPONSIBILITY

HCJFS agrees to provide all criminal clearings for the applicant and household

members including FBI, BCII, juvenile and local criminal checks. A SACWIS

search will be conducted to determine history of child abuse and neglect for any

household members.

HCJFS shall provide the following information to Provider:

 all ICPC information obtained from the receiving state including a cover

letter clearly identifying the service being requested and the name, office

location and telephone number of the originating supervisor making the

request.

 a child summary that includes all available social, medical, developmental,

psychological and educational information, family history of biological

parents, the reason for placement, the case plan and a copy of the most

recent court order.

HCJFS will act as a liaison between the Provider and the receiving state. HCJFS will be

responsible for all SACWIS documentation as required by ICPC rule 5101:2-52-04.

INVESTIGATION: HCJFS shall have the opportunity to conduct its own investigation

of adoption/foster care applicants and to inspect and verify the results of the assessment

conducted by Provider. Provider shall furnish HCJFS with a complete copy of the home

study and all accompanying documentation for all families they have identified as being

interested in and meeting threshold qualifications for adoption/and or foster care of a

particular child. HCJFS will review the Provider's proposed match with the Provider

before the Provider informs the adoptive/ foster care applicant of the placement. The

final decision to approve the placement must be made by the HCJFS. Finally, a HCJFS

caseworker will make a home visit with the foster/ adoptive applicant prior to approval of

placement.

3. RESERVED

4. BILLING AND PAYMENT

A. Rate Calculation

Provider warrants and represents the following costs are not included in the 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

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.

B. Rates of Payment

HCJFS agrees to compensate Provider for approved and completed home study

assessments. Provider shall receive partial payment for completed but denied

home study assessments (Provider has completed all provisions of the home

study, but has not recommended approval). All supporting documentation must

be submitted with the assessments. Should a home study assessment expire

before the adoption/foster placement is finalized, Provider will submit an updated

home study assessment to HCJFS at no additional cost.

C. Unit Rate

Each category of Service listed below, as defined in Exhibit I, will be

compensated in the following amounts:

1. $_________ per completed and approved Home Study Assessment;

2. $_________ per completed but denied Home Study Assessment;

3. $_________ per partially completed Home Study Assessment (two (2) or

more home visits occurred);

4. $_________ per monthly home visits (for purpose of homestudy

completion or ongoing licensing and placement supervision);

5. $_________per completed and approved Kinship Home Study

Assessment;

6. $_________ per completed but denied Kinship Home Study Assessment;

7. $_________

per partially completed Kinship Home Study Assessment

(two (2) or more home visits;

8. $_________per adoption finalization services

D. 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 Rate for such Service;

e. Invoice date and service dates;

f. Consumer’s name and Person ID;

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; 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.

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.

E. 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.

5. 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

interest, direct or indirect, in any contract that will impede its ability to provide the goods

or perform the services under this Contract.

6. 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:

1. Reduce the utilization of the services provided under this Contract,

without change to the terms and conditions of the Contract; or

2. 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.

7. 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.

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.

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.

8. 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.

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.

9. RESERVED

10. 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.

11. 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

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: ____________________

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.

12. 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

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.

13. 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.

14. 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.

15. 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. The monthly contract program financial report shall be submitted to HCJFS

Contract Services Section no later than forty-five (45) days after the end of the

service month.

C. 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.

D. HCJFS reserves the right to withhold payment until such time as all required

reports are received.

16. 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.

17. 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

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.

18. 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.

19. 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

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.

20. 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.

21. 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.

22. 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.

23. 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,

employee’s business, or any business relationship or financial interest a County employee

has with Provider or in Provider’s business.

24. 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.

25. 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.

26. 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

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).

27. 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

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.

28. 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.

29. 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.

30. 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.

31. 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.

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.

32. 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).

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

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

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

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

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

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.

33. 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.

34. RESERVED

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

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:

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.

40. 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

notify HCJFS, HCJFS reserves the right to immediately suspend payment and terminate

this Contract.

41. 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.

42. 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.

43. 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.

44. 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).

45. 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).

46. DECLARATION OF PROPERTY TAX DELINQUENCY

Remove this section if this contract is not a result of the competitive bid process (i.e.

single source agreement). 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.

47. 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.

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.

48. GOVERNING LAW

This Contract and any modifications, amendments, or alterations, shall be governed,

construed, and enforced under the laws of Ohio.

49. LEGAL ACTION

Any legal action brought pursuant to the Contract will be filed in Hamilton County, Ohio

courts under Ohio law.

50. 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.

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.

51. 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.

52. 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.

53. 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.

54. 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.

55. 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.

56. 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.

57. CONTACT INFORMATION

A. HCJFS Contacts -Provider should contact the following HCJFS staff with

questions:

Name Telephone

Facsimile

Department Responsibility

Deborah Smith (513) 946-1727 (513) 946-2384 Contract

Services

contract changes, contract

language

Margie Weaver (513) 946-1666 (513) 946-1296 Program

Management

service point of contact,

service authorization,

invoice review

Ryan Mitchell (513) 946-1519 (513) 946-1320 Fiscal billing & payment, invoice

processing

B. Provider Contacts -HCJFS should contact the following Provider staff with any

questions:

Name Telephone Facsimile Department Responsibility

Business

Management

contract changes, contract

language

Program

Management

service point of contact,

service referral contact

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 _________,

2017.

Provider or Authorized Representative: _________________________________________

Title: _____________________________________________ Date: __________________

By: _____ Date: __________________

County Administrator

Hamilton County, Ohio

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:______