HomeMy WebLinkAboutResolutions - 2018.09.27 - 23784MISCELLANEOUS RESOLUTION #18324 September 27, 2018
BY: Commissioner Christine Long, Chairperson, General Government Committee
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION —
INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE MICHIGAN DEPARTMENT
OF HEALTH AND HUMAN SERVICES FOR THE PROVISION OF SHELTER RESIDENTIAL FOSTER
CARE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Children's Village continues to provide shelter care services for
neglected and abused youth; and
WHEREAS the Michigan Department of Health and Human Services requires a contract in order for
Oakland County Children's Village to continue to receive reimbursement for shelter care services to
abused and neglected youth placed in shelter care; and
WHEREAS the Michigan Department of Health and Human Services has established $359.13 as the per
diem rate; and
WHEREAS services made available under this contract are effective October 1, 2018 through September
30, 2021 with the provision of a two-year contract extension.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and
authorizes the Chairperson to sign the attached Interlocal Agreement between Oakland County and the
Michigan Department of Health and Human Services for shelter care services at Oakland County
Children's Village.
BE IT FURTHER RESOLVED that this agreement will take effect upon Board of Commissioner approval
and authorization.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
Comnnfttoner Christine Long, Distr
Chairperson, General Government(Gakmmittee
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kochenderfer and Quarles absent.
ADR REVIEW SIGN OFF — Department of Health & Human Services/
Children's Village
RESOLUTION TITLE: Interlocal Agreement Between Oakland County and the Michigan Department of
Health and Human Services for the Provision of Shelter Residential Foster Care
DEPARTMENT CONTACT PERSON: Joanna Overal1/8584164
DATE: 9/5/2018
DEPARTMENT REVIEW
Department of Human Resources:
Approved (No Committee) — Heather Mason (8/31/2018)
Corporation Counsel:
Approved — Bradley Benn (8/31/2018)
Department of Management and Budget:
Approved — Lynn Sonkiss (9/5/2018)
Michigan Department of Health and Human Services
Bureau of Grants and Purchasing (BGP)
PO Box 30037, Lansing, MI 48909
Or
235 S. Grand Avenue, Suite 1201, Lansing, MI 48933
CONTRACT NUMBER: MA-180000000832
Between
MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES
And
CONTRACTOR PRIMARY CONTACT EMAIL
County of Oakland, A Michigan Constitutional Corp. Jody Overall OverallJ@oakgov.com
CONTRACTOR ADDRESS TELEPHONE
1200 N. Telegraph Road, Pontiac, MI 48341 248-858-1164
STATE CONTACT NAME TELEPHONE EMAIL
Contract Administrator Sarah Goad 517-599-8408 goads@Michigan.gov
BGP Analyst Bonnie Fineis 517-373-4108 fineisb@Michigan,gov
CONTRACT SUMMARY
SERVICE DESCRIPTION SHFC19-63001 Shelter Foster Care (SHFC)
GEOGRAPHIC AREA Statewide
INITIAL TERM EFFECTIVE DATE* EXPIRATION DATE AVAILABLE OPTION YEARS
3 years October 1, 2018 September 30, 2021 2
MISCELLANEOUS INFORMATION
ESTIMATED CONTRACT VALUE AT TIME OF EXECUTION $6,000,000.00
CONTRACT TYPE Per Diem
*The effective date of the contract shall be the date listed in the "Effective Date" box above, or the date of Michigan
Department of Health and Human Services (MDHHS) signature below, whichever is later.
The undersigned have the lawful authority to bind the Contractor and MDHHS to the terms set forth in this Contract.
Section 291 of the fiscal year 2016 Omnibus Budget, PA 84 of 2015, requires verification that all new employees of the
Contractor and all new employees of any approved subcontractor, working under this Contract, are legally present to work
in the United States. The Contractor shall perform this verification using the E-verify system
(http://www.uscis.gov/portal/site/uscis). The Contractor's signature on this Contract is the Contractor's certification that
verification has and will be performed. The Contractor's signature also certifies that the Contractor is not an Iran linked
business as defined in MCL 129.312.
FOR THE CONTRACTOR:
County of Oakland, A Michigan Constitutional Corp.
Contractor
Signature of Director or Authorized Designee
Print Name
FOR THE STATE:
MICHIGAN DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Signature of Director or Authorized Designee
Christine H. Sanches
Print Name
Date Date
Contract Number: MA-180000000832
Anticipated Total Contract Value: $6,000,000.00
This Contract will be in effect from the date of MDHHS signature through September 30,
2021. No service will be provided and no costs to the state will be incurred before October 1,
2018 or the effective date of the Contract, whichever is later. Throughout this Contract, the
date of MDHHS signature or October 1, 2018 whichever is later, shall be referred to as the
begin date.
At the discretion of MDHHS this Contract may be renewed by an amendment not less than
30 days before its expiration. This Contract may be renewed for up to two additional one-
year periods.
1 PROGRAM REQUIREMENTS
1.1. Client Eligibility Criteria
a. Eligible Clients
Services provided by the Contractor under this Contract are limited to those
children for whom MDHHS can legally provide care and services and for
whom MDHHS makes a State payment, including those whom are Title IV-E
eligible.
County child-care funded children referred to MDHHS for care and
supervision by probate court but for whom MDHHS may have no legal
responsibility to make a payment are also eligible children.
b. Determination of Eligibility
MDHHS shall determine the children and families' eligibility and document
this in the Michigan Statewide Automated Child Welfare Information System
(MiSACWIS).
1.2. Referrals
a. Referrals
1). MDHHS shall be responsible for determination of client eligibility for
funding.
2). The referring primary caseworker/agency, Regional Placement Unit
(RPU) or shall provide to the Contractor referral material which complies
with this Contract.
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3). MDHHS shall not transfer legal responsibility for any child to the
Contractor except as provided herein.
b. Referral Packet
At the time of referral, the referring primary caseworker/agency or RPU shall
provide the Contractor with a referral packet (every attempt will be made to
include all items) which shall include:
1) A copy of the commitment order or placement and care order from the
court, or appropriate documentation of authorization from the local law
enforcement agency.
MDHHS shall not refer a child for placement prior to a fully executed
Individual Service Contract (DI-IS 3600). In event of an emergency
placement, the DHHS-3600 shall be fully executed no later than the first
working day following placement.
2) A MiHealth card or the Medicaid recipient identification number, if the
child is active for Medicaid and the MiHealth card is not available. If the
child is to be enrolled in Medicaid, MDHHS shall provide a copy of the
Medicaid recipient ID number to the Contractor as soon as it is issued or
the status of the Medicaid ID number application.
3) Child's behavioral history including incidences of aggression, prior
hospitalizations, etc.
4) Child's placement history.
c. Within 10 business days of a child's placement, the referring primary
caseworker/agency or RPU shall provide the following:
1) A photocopy of the birth verification, or copy of the request for verification.
MDHHS shall immediately forward a copy of the birth verification upon
receipt.
2) A photocopy of the Social Security Card or verification provided by
MDHHS identifying the child's Social Security Number.
3) A copy of the Medical Passport (DHS-221).
4) If available, a copy of the Youth Health and Dental Record or other
documentation of physical and dental examination(s) within the past 12
months and history including immunization record.
5) Court studies and reports, when available.
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6) Copies of all psychological/psychiatric reports, evaluations, assessments,
medication monitoring visits related to mental health care.
7) Trauma assessments.
8) Psychological assessments are not to be routinely required for intake
decision-making. If the Contractor requests a psychological evaluation
and the local MDHHS office agrees that a psychological evaluation is
appropriate, the local MDHHS office shall arrange and pay for the
evaluation within the allowable payment maximum.
If the local MDHHS office does not agree that an evaluation is necessary,
the Contractor is responsible for arranging the evaluation. The cost of the
evaluation may be billed to the child's medical insurance provider if the
service is covered, if not the costs are covered by the per diem
reimbursement rate.
9) Copies of current Psychotropic Medication Consent (DHS-1643) for
current prescriptions. (See FOM 802-1). The referring MDHHS/PAFC
caseworker shall coordinate with the attending medical provider to ensure
the child has a minimum of a 14-day supply of prescribed medications
AND a prescription for all current medications, OR a 30-day supply of all
medications.
10) Copy of the Child Protective Services Transfer Summary as specified in
the FOM 722-01.
11) Educational reports, when available.
12) Exception request approval from DCWL for the placement of an
adjudicated delinquent child in an abuse/neglect program. Court order
required for the specific contracted abuse/neglect program.
When a child is discharged from the shelter the Contractor is not required to
continue efforts to obtain any items not obtained above prior to discharge.
1,3 Admission Criteria
The emergency shelter program is available to males and females ages 0
through 17; who are unable to be placed in a family foster home and need
temporary placement due to at least one of the following factors:
a. Presents at removal significant behavioral challenges or other complex
factors requiring a comprehensive assessment to either reunify or select an
out-of-home placement.
b. Currently be on a waiting list for a long term residential program
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c. Be in the process of stepping down from hospitalization
d. Have a documented severe score on the Mental Health and Well-Being item
on the Child Assessment of Needs and Strengths within the past 90 days
and have repeated placement instability and a more thorough assessment is
needed to either reunify or make a stable next placement
The Contractor shall accept all children referred 24 hours per day, 7 days per
week, 365 days a year. The Contractor shall not reject or eject any eligible child
referred for placement by any MDHHS County Office, PAFC agency, RPU or 24
Hour Unit.
The Contractor shall verify with MDHHS, RPU or referring agency that approval
for placement in the shelter program has been obtained from the Business
Service Center (BSC) 5 Director or their designee, prior to accepting any youth
for placement if that placement occurs during regular business hours. If a
placement is made after regular business hours the Contractor shall notify the
BSC 5 Director (or designee) immediately the morning of the next business day.
1.4. Service Planning and Delivery
a. MDHHS shall cooperate with the Contractor in completing the DHS-3600
and developing a service plan for the child and family. MDHHS shall ensure
the Contractor receives the DHS-3600 at the time of the child's admission. In
event of an emergency placement, the DHS-3600 shall be completed and
signed no later than the first working day following placement.
b. When a child is placed in an out-of-county, private, child-caring institution and
the MDHHS caseworker may request monitoring service from the local
MDHHS office where the child is placed. In that event, the MDHHS
caseworker responsible for placement shall ensure that the DHS-3600
clearly states which local MDHHS office is responsible for ongoing
monitoring of the child's care, as well as determining if the MDHHS
caseworker or the Contractor will be responsible for ongoing service to the
child's family. In the event of an emergency placement, the MDHHS
caseworker responsible for placement shall ensure that the DHS-3600 is
completed and signed no later than the first working day following placement.
c. The primary caseworker/agency or RPU responsible for placement shall
have weekly contact (phone, e-mail or face-to-face) with the Contractor to
provide status updates regarding achievement of the discharge plan.
d. The primary caseworker/agency or RPU responsible for placement shall
review and approve or request modification of the Contractor's initial and
updated case plans submitted by the Contractor.
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e. The primary caseworker/agency or RPU responsible for placement shall
provide the Contractor a copy of the Foster Care Payment Authorization
(DHS-626-YA) at the time of placement for all State paid placements.
f. The primary caseworker/agency or RPU responsible for placement shall
assure that the child has a basic wardrobe, as defined and documented by
the DHS-3377 upon entering the Contractor's care.
g. The primary caseworker/agency or RPU responsible for placement , except
in emergencies or when constrained by a court order or parental demand,
shall give at least 14 calendar days notification to the Contractor of any
discharge decision made without the Contractor's concurrence.
h. The primary caseworker/agency or RPU provider responsible for placement
shall visit the child weekly face-to-face until discharge. The first visit shall
occur within five business days of placement. The caseworker's visit includes
observing the child's daily living and sleeping areas (F0M-722-06H,
Caseworker Contacts). The Contractor shall allow the primary
caseworker/agency or RPU provider responsible for placement to meet in
private with the child during a portion of each visit.
i. The Contractor shall allow the assigned primary caseworker/agency or RPU
provider responsible for placement or another staff designated by the primary
caseworker/agency or RPU provider responsible for placement to visit the
child face-to-face upon request, and shall provide a place for them to meet
privately, if requested.
If an primary caseworker/agency or RPU provider responsible for placement
does not meet the responsibilities outlined in this Contract, the Contractor
shall notify the local MDHHS office County Director responsible for child
welfare case management. If the dispute is not resolved, the Contractor is to
contact the MDHHS Director of Field Operations, located in MDHHS Central
Office Administration.
1.5. Legal or Court Related
MDHHS shall not transfer legal responsibility for any child to the Contractor
except as provided herein.
MDHHS shall involve the Contractor, to the extent allowed by law, in matters
relating to any legal or court activities concerning the child while in the
Contractor's care. If the Contractor is to be involved in the court proceedings,
MDHHS shall provide the Contractor with applicable written reports for court use
upon request, subject to confidentiality requirements imposed by statute.
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The Contractor shall ensure all directives and services ordered by the court are
completed to the satisfaction of the court within the timeframes ordered.
2. CONTRACTOR RESPONSIBILITIES
2.1. Email Address
The Contractor authorizes MDHHS to use the contact information below to
send Contract related communications. The Contractor shall provide
MDHHS with updated contact information if it changes. The Contractor
confirms that this person is either authorized to sign Contracts or is
recognized by this organization to assume this responsibility.
Contact email address: OverallJ@oakgov.com
2.2. Requests for Information
The Contractor may be required to meet and communicate with MDHHS
representatives and from time to time MDHHS may require that the
Contractor create reports or fulfill requests for information as necessary to
fulfill the MDHHS' obligations under statute and/or Dwayne B. v. Snyder, et
al., 2:06-cv-13548, herein referred to as the Implementation, Sustainability,
and Exit Plan (1SEP).
2.3. Geographic Area
The Contractor shall provide all services described herein in the following
geographic area: Statewide
2.4. Licensing Requirements and Number of Children in Care
The MDHHS DCWL Division of Child Welfare Licensing (DCWL) is the licensing
agency for Child Caring Institutions (CC1). A license is issued to a certain person
or organization at a specific location, is non-transferable, and remains the
property of the Department. Therefore, an institution must be established at a
specific location.
The Contractor shall ensure that, for the duration of this Contract, it shall
maintain a license for those program areas and services that are provided for in
this Contract. If the Contractor fails to comply with this section, MDHHS may
terminate this Contract for default.
The Contractor is licensed to provide service under this Contract under the
following license number: CE630201059
At no time shall the number of children in care exceed the licensed capacity of
the facility specified in the Contractor's license. On no day during this Contract
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period, shall there be more than 18 children in placement for whom MDHHS has
the responsibility to make a State payment. MDHHS does not guarantee any
minimum number of referrals or children in care at any point in time. If the
Contractor is able to admit more than the contracted number of youth (but not
more than the licensed capacity), a Bed Capacity Exception must be obtained by
the primary caseworker/agency through DCWL prior to placement.
2.5. Location of Facilities
The Contractor shall provide services described herein at the following
location(s):
1300 N. Telegraph Road, Pontiac, MI 48341
2.6. Program Name ,Statement and Focus
Program Name: Children's Village-Mandy's Place
a. The focus of the shelter program is to:
1) Provide a safe residential environment in which children who have been
removed from their home can be evaluated for services.
2) Provide an evaluation of the appropriate placement for a child to ensure
that appropriate information is obtained in order to facilitate service
planning and placement stability.
b. This program is only available for thirty days or less unless an exception is
made in writing by the MDH HS County Director or designee. An exception to
this limitation may be made for:
1) Children who have an identified and approved placement but the
placement is not available within 30 days of the child's entry to an
emergency or temporary facility.
2) Children whose behavior has changed so significantly that the County
Director or his/her manager designee has certified that a temporary
placement for the purposes of assessment is critical for the determination
of an appropriate foster placement. In no case shall a child remain in an
emergency or temporary facility more than 45 days.
c. The Contractor shall provide MDHHS with copies of its program statement
for the program covered under this Contract. The program statement shall
comply with the requirements of MDHHS DCWL standards specific to the
license listed in Section 2.4 and with all federal laws related to the mixing of
abuse/neglect and juvenile justice programs. The Contractor shall inform
MDHHS of any changes made to the program statement at any point during
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the term of this Contract and provide copies of the new statement to
MDHHS.
2.7. Provider Numbers
MiSACW1S Provider Number: 10400607
Bridges Provider Number: 6358407
2.8. Credentials
The Contractor shall assure that all staff performing functions under this
Contract, including contractor employees, volunteers and/or subcontractors, are
appropriately screened, credentialed, and trained. Additional staff requirements
are identified in Section 2.10, d. of this Contract.
2.9. Compliance Requirements
a. The Contractor shall comply with all applicable MDHHS policy Children's
Foster Care Manual (FOM) and MDHHS policy amendments, including
interim policy bulletins.
b. Throughout the term of this Contract, the Contractor shall ensure that it
provides all applicable MDHHS policy and MDHHS policy amendments
(including interim policy bulletins) and applicable Administrative Codes to
social service staff. The Contractor shall ensure that social service staff
complies with all applicable requirements.
MDHHS policies, amendments and policy bulletins, are published on the
following internet link: https://dhhs.michigan.gov/olmweb/ex/html/.
Administrative Codes are published at on the following intemet link:
http://michigan.gov/lara/0,4601,7-154-35738 5698-118524--,00.html
c. Michigan Department of Health and Human Services (MDHHS) will not
discriminate against any individual or group because of race, sex,
religion, age, national origin, color, height, weight, marital status, gender
identity or expression, sexual orientation, political beliefs, or disability.
The above statement applies to all MDHHS supervised children, and to
all licensed and unlicensed caregivers and families that could potentially
provide care or are currently providing care for MDHHS supervised
children, including MDHHS supervised children assigned to a contracted
agency.
d. The Contractor shall provide services within the framework of Michigan's
Child Welfare Practice Model, MiTEAM. The Contractor shall utilize the
skills of engagement, assessment, teaming and mentoring in partnering
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and building trust based relationships with families and children by
exhibiting empathy, professionalism, genuineness and respect.
Treatment planning shall be from the family driven, youth guided
perspective clearly articulated with all relevant members of the treatment
team.
e. The Contractor shall comply with the following provisions of 2015 PA 53.
Specifically, once a Contractor accepts a referral from MDHHS, by doing
either of the following:
1) Submitting to MDHHS a written Contract to perform the services related
to the particular child or particular individuals that the Department referred
to the Contractor; or
2) Engaging in any other activity that results in the MDHHS being obligated
to pay the Contractor for the services related to the particular child or
particular individuals that the Department referred to the Contractor.
The Contractor acknowledges that it has waived any legal protections under
MCL 722.124e, MCL 722.1241, and/or MCL 71023g to decline to provide
such services based on an assertion that to do so would conflict with the
Contractor's sincerely held religious beliefs contained within its statement of
faith, written policy, or other document adhered to by the Contractor.
f. The Contractor shall ensure compliance with all applicable provisions
and requirements of the Dwayne B. v. Snyder, et al., 2:06-cv-13548,
Implementation, Sustainability, and Exit Plan.
Additional Compliance Provisions
The contractor shall also comply with the provisions of:
1) 1984 Public Act, 114, as amended being M.C.L. 3.711 et seq., Interstate
Compact on the Placement of Children.
2) 1975 Public Act 238, as amended, being M.C.L. 722.621 et seq., Child
Protection Law.
3) 1982 Public Act 162, as amended, being M.C.L. 450.2101 et seq., Michigan
Nonprofit Corporation Act.
4) 1994 Public Act 204, as amended, being M.C.L. 722.921 et seq., Michigan
Children's Ombudsman Act.
5) 1973 Public Act 116, as amended, being M.C.L. 722.111 et seq., Michigan
Child Care Organization Act.
6) 1939 Public Act 288, Chapter X, being M.C.L. 710.1 et seq., Michigan
Adoption Code.
7) 1984 Public Act 203, as amended, being M.C.L. 722.951 et seq., Michigan
Foster Care and Adoption Services Act.
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8) The Social Security Act as amended by the Multiethnic Placement Act of
1994 (MEPA); Public Law 103-382, and as amended by Section 1808 of the
Small Business Job Protection, the Interethnic Adoption Provision (IEAP).
9) The Indian Child Welfare Act (ICWA); Public Law 95-608 being 25 U.S.C.
1901 et seq.
10)1976 Public Act 453, as amended, being M.C.L 37.2101 et seq., Elliott-
Larsen Civil Rights Act.
11) Fostering Connections to Success Act of 2008
12) Preventing Sex Trafficking and Strengthening Families Act, Federal PL113-
183
13) Social Security Act, 42 USC 671(a)(20)
14) 2017 Public Acts 246 through 255, Michigan °plaid Laws
2.10. Services to be Provided
Services provided under this Contract shall be trauma informed and based on
evidence and best practices to effect optimal outcomes. Services must be
delivered according to each child's assessed needs with interventions aligned
with the identified needs and desirable outcomes. Resources for evidence based
interventions and practices can be found at:
• Building Bridges Initiative (BBI); www.buildingbridges4youth.org
• American Academy of Pediatrics;
httNa_www2.aap.org/commpeds/dochs/mentalhealth/KevResources.html
• SAMHSA's National Registry of Evidence-based Programs and Practices;
www.nrepp.samhsa.qov
• California Evidence-Based Clearinghouse for Child Welfare;
hftp://www.cebc4cw.org
• The National Child Traumatic Stress Network; www.NCTSN.org
• American Academy of Child and Adolescent Psychiatry (AACAP);
www.aacap.orq.
The Contractor, within the constraints of the agency's Contract, shall incorporate
normalcy activities into residential programing. These activities must comply
with the reasonable and prudent parent standard to help children develop skills
essential for positive development.
a. Residential Care
The Contractor shall ensure that each child in its care shall be provided with
the elements of residential care outlined in the MDHHS DCWL Child Caring
Institution standards specific to the license listed in Section 2.4 of this
Contract.
b. Standardized Assessment Tools
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The Contractor shall utilize the following assessment tools to assess the
child's overall progress in functioning while in the program:
1) Child Assessment of Needs and Strengths (CANS)
2) Casey Life Skills Assessment or Daniel Memorial Assessment (For
children 14 years of age and older)
The Contractor shall administer the assessment tools within 14 calendar
days of admission.
Throughout the term of this Contract the Contractor shall maintain the
capability to provide services 24 hours a day, 365 days a year as specified in
the treatment plan for each child and his/her family accepted for care.
The range of services specified below establishes a range and number of
services to be provided. Services provided to each child shall be individually
determined based on the CANS, and Casey Life Skills Assessment, and
shall be documented in the child's assessment.
c. Referral and Intake Process
1) Referral Packet
At the time of referral, the primary caseworker/agency or RPU shall
provide the contractor with a complete referral packet as outlined in
Section 1.2 of this Contract.
2) Referral
a) The Contractor shall accept and act on referrals from primary
caseworker/agency or RPU or 24 hour unit upon receipt of a referral.
The Contractor shall obtain approval of the Business Service Center
Director prior to accepting any youth from outside Contractor's county
of operation. The referring primary caseworker/agency or RPU shall
not be required to complete application or other Contractor forms for
inclusion in the agency case record or agency files or for any other
purpose.
b) The Contractor shall not accept a child for placement prior to a fully
executed Individual Service Contract (DHS-3600). In event of an
emergency placement, the DHS-3600 shall be fully executed no later
than the first working day following placement.
3) Intake
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a) The Contractor and the assigned primary caseworker/agency or RPU
shall meet at the time of placement to share information which will
assist in the care and supervision of the child. If the placement occurs
after normal business hours, the meeting shall take place in the next
business day.
b) The Contractor shall complete a DHS-3377 and document all of the
personal belongings that a child has at placement,
c) The Contractor shall develop a preliminary assessment within seven
calendar days of admission. The plan shall include:
i. A comprehensive assessment of the child's physical/mental health
needs
ii. An assessment of the child's immediate and specific needs &
diagnosis.
iii. The specific services to be provided by the contractor and other
resources to meet the identified needs
iv. Goals, outcomes, and timeframes for achievement
v. Placement recommendation
vi. Barriers to achievement of the recommended placement and plans
to eliminate barriers
d) The Contractor shall develop an assessment-based plan within 20
calendar days of placement, and every 15 calendar days thereafter.
The Contractor shall document the assessment-based plan on the
identified Children's Foster Care Residential Care Case Plans. The
Contractor shall ensure that licensed clinical personnel (master's level
social worker, master's level counselor, licensed psychiatrist, and/or
psychologist) conduct a bio-psychosocial evaluation, or review a
recent bio-psychosocial evaluation (within the past year) that includes:
i. A psychiatric history, as necessary
ii. Social history
iii. A mental status examination
iv. A trauma assessment
v. Intelligence and projective tests, if necessary
vi. A behavioral appraisal
vii. Family, environmental, cultural, and religious or spiritual
preferences
viii. Behaviors that necessitated a more restrictive placement setting
for the child
ix. Reviewing previous psychotherapeutic and psychiatric
assessments and treatment
x. An updated assessment of the child's specific needs & diagnosis.
xi. Placement recommendations
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xii. Recommended service to meet the child's identified needs.
d. Staffing
The Contractor shall provide trained staff sufficient to adequately fulfill the
temis of this Contract and shall demonstrate a good faith effort to recruit and
employ staff that reflect the racial, ethnic and cultural composition of the
Contractor's client population.
1) Child Care Services
Child care services are defined as those activities necessary to meet the
daily physical, social and emotional needs of the child. Specific direct
care staffing ratios are defined within. The Contractor shall:
a) Assure the availability, within 10 minutes, of on-call Contractor
support staff or contracted staff for emergency assistance at all times.
b) Have available to all staff a written emergency plan for contacting
police, fire, or emergency medical staff.
c) Develop and implement standard operating procedures relative to
emergency planning, to be shared with all staff and contain at a
minimum the following:
i Procedures that provide direction to staff encountering the following
situations:
• Bomb threat/device
• Chemical spill
• Fire
• Natural disaster (tornado, heavy snow, flood, etc.)
• Loss of utilities (heat, electricity, water, or other power outages)
• Other disruptions (hostage situations, armed intruders, etc.)
ii A list of emergency telephone numbers (Police, Fire Department,
Ambulance and Utilities).
iii Clear direction:
• For emergency evacuation, including type of evacuation and exit
route assignments.
• To employees performing rescue or medical duties.
• To ensure notification of administration.
• To account for all children and staff.
• For contacting emergency services.
• To provide notification to MDHHS of the emergency no later
than the next business day.
Directions must be placed in areas readily available to staff. The
Contractor shall review and annually update (or more frequently as
needed) the emergency plans and written directions.
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2) Staff Education and Experience Qualifications:
a) All program staff shall possess the following minimum qualifications:
i A non-judgmental, positive attitude toward children with mental
health and behavioral problems
ii Training, education or experience in the area of human services
iii Training or experience working with at risk children and families
iv Cultural and ethnic sensitivity, as well as diversity competency
v Knowledge and training of and skills in the area of mental health,
substance abuse, child sexual behavior and child development
vi Ability to engage with, and relate to, children with multiple problems
vii Skills in crisis intervention, assessment of potentially violent
situations and short-term goal setting
b) Therapy services shall be provided by one of the following:
i. Licensed Masters Level Social Worker
ii. Licensed Masters Level Counselor
iii. Limited License Masters Level Psychologist
iv. Licensed Psychologist, PhD
v. Limited License Master's level counselor or Limited License
Masters level Social Worker under the supervision of a Licensed
Counselor or a Licensed Masters level Social Worker
vi. Psychiatrist trained to work with youth and families: Board
Certified in Child/Adolescent Psychiatry is preferred.
If therapy services are subcontracted, the Contract must ensure the
subcontracted provider has the appropriate credentials outlined in this
Contract.
3) Staff Training Requirements
a) The Contractor shall provide 50 hours of training during a new hire's first
year of employment. The Contractor shall provide a minimum of 40
hours within the first 30 calendar days of employment. Sixteen of the 40
hours of training shall occur prior to direct care staff having
unsupervised contact with children. The remaining 10 hours shall be
completed prior to the end of the first year of employment.
Orientation shall include topics identified in the Licensing Rules for
Child Caring Institutions R400.4128, as well as the Child Protection
Law, mandated reporting requirements, family/child engagement,
interpersonal communication, appropriate discipline, crisis intervention,
child handling and de-escalation techniques and basic group dynamics.
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b) A minimum of 25 hours per year of staff training shall be provided to
existing direct care staff.
C) Annual training topics shall be selected from but not limited to the areas
identified in R400.4128 and the following:
i. Working as part of a team
ii. Relationship building
iii. Family/child engagement
iv. Understanding and analyzing problem behaviors
v. Positive behavior support
vi. Setting clear limits
vii. Interpersonal communication
viii. Appropriate discipline, crisis intervention, child handling and de-
escalation techniques
ix. The significance of the birth family, value of visitation, importance
of attachment and strengthening family relationships, impact of
separation, grief and loss issues for children in foster care, and
children's need for permanency
x. Understanding and recognizing the emotional and behavioral
issues and/or physical needs of abused/neglected children
xi. Medication management: Administration, monitoring, recording,
secure storage, medication side effects and procedure for
reporting side effects, medication reviews and foster care child
specific process for obtaining informed consents for medication
changes
xii. Cultural competency
xiii. Effects of trauma
xiv. Suicide prevention and/or intervention
xv. Child development
xvi. Trauma informed practices
xvii. Strength-based interventions and interactions
xviii. Defusing threatening behaviors
xix. Solution focused assessment and case planning
d) All program staff will be trained to serve as a role model for the
following: appropriate social skills, prioritizing needs, negotiation
skills, accessing local resources, hygiene and grooming
preparation, food preparation and anger management.
e) All program staff shall be provided with annual trauma-focused program
training to maintain a trauma-informed milieu and treatment
environment. Trauma-focused programming must be based on an
evidence-based treatment model.
4) Staffing Ratio
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The Contractor shall:
a) Provide a minimum of one on-duty direct child care staff for every four
children during waking hours
b) Maintain a minimum of one on-duty direct child care staff for every
eight children during sleeping hours. All of these staff shall be awake
during this period. Room checks must be conducted at variable
intervals of no more than every 15 minutes between checks during
sleeping hours.
If the child poses a threat to self or others, the Contractor may be approved
to provide 1:1 staffing ratio. The approval for 1:1 staffing must be requested
in writing to DCWL by email or fax. For requests sent via email, the request
must be secured and encrypted to protect the child's personal information.
e. Reporting
The Contractor shall develop and submit to the primary caseworker/agency
or RPU responsible for placement: all case summaries, incident reports,
arrests, death notifications and other reports as required in the Children's
Foster Care Manual (FOM) and the MDHHS DCWL standards specific to the
Contractors license specified in Section 2.4 of this Contract.
The Contractor shall submit the Preliminary Assessment to the responsible
primary caseworker/agency or RPU provider within 14 calendar days of
placement.
The Contractor shall complete a comprehensive assessment-based plan
within 20 calendar days of placement and every 15 calendar days thereafter.
The Contractor shall submit all subsequent case service plans to the primary
caseworker/agency or RPU responsible for placement within 7 calendar days
after the due date.
The Contractor shall submit a photo of the child to the primary
caseworker/agency or RPU responsible for placement taken at the time of
placement. A copy of the photo shall be maintained in the child's file.
The Contractor shall provide the local MDHHS County Office and RPU with a
daily bed availability report.
f. Restraint and Seclusion
The Contractor shall not use Positive Peer Culture, peer-on-peer restraint or
any forms of corporal punishment.
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The Contractor shall report the use of seclusion/isolation and restraint within
24 hours (or the next business day) of the use of seclusion/isolation or
restraint. The Contractor will utilize the Incident Reporting Form in
MiSACWIS to record all incidents of seclusion/isolation and restraint.
g. Transition and Discharge Planning
Transition and discharge planning shall begin at the time of admission. The
Contractor shall develop a transition/discharge plan in collaboration with the
child, parent or guardian, agency with placement responsibility, foster
parents, relative caregiver and Lawyer Guardian ad Litem (LGAL) during the
initial and subsequent Family Team Meeting to be held, within seven
calendar days of admission. The child's transition/discharge plan shall
include:
1) A projected date for discharge
2) The level of care projected to be needed at discharge
3) Transfer of information (e.g. medical records, mental health records, etc.)
4) A planned contact schedule, to prepare the family/caregiver(s) for a well-
supported discharge placement
The Contractors shall provide the following for a child whose placement
recommendation is residential:
1) Child-specific information and provide all required documentation for a
child whose placement recommendation is residential.
2) Notification to the local MDHHS County Office or RPU staff and assigned
caseworker of pre-placement interviews held at the facility.
3) Will work with the case worker to ensure transportation and coordinate
transportation for the child to pre-placement interviews held off site if
requested by the primary caseworker/agency or RPU responsible for
placement.
h. Family Team Meetings
Family Team Meetings are an essential component of MiTEAM and serve as
the primary forum for collaborative case planning for the child and family.
The overall goals of the Family Team Meetings are used to plan and review
for the child ensuring the child receives an appropriate array and quantity of
services necessary to stabilize him/her clinically and behaviorally and to
prepare him/her to succeed in less restrictive community based settings after
discharge.
Upon admission, the Contractor shall coordinate with the primary
caseworker/agency or RPU responsible for placement, the family and the
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child to identify members of the child's team for ongoing participation in case
planning Family Team Meetings facilitated by primary caseworker/agency or
RPU. The Contractor shall incorporate relevant planning goals/action steps
regarding the child(ren) from previous Family Team Meetings into the
Contractor developed initial case plan due 30 days from admission. The
Contractor and child(ren) shall participate in quarterly Case Planning Family
Team Meetings facilitated by the assigned primary caseworker/agency or
RPU, and align Contractor developed quarterly case plans with Family Team
Meeting/Parent Agency Treatment plans.
For youth who are 'developmentally appropriate to participate in a Family
Team Meeting, the Contractor shall facilitate a Pre-Meeting Discussion with
the child at least 24 hours prior to the Family Team Meeting. The Contractor
shall participate with the youth in person or via phone conference at all Case
Planning/Case Plan Reassessment Family Team Meeting.
The Contractor shall work with the child, family, treatment team, primary
caseworker/agency or RPU and local CMH provider to assist the child in
developing ties to his/her community and other non-family resources. These
ties provide assistance and connections with caregivers to help meet the
child's relationship needs.
i. Legal or Court Related
The Contractor shall cooperate with the primary caseworker/agency or RPU
responsible for placement of the child in matters relating to any legal or court
activities concerning the child. These activities may include, but are not
limited to:
1) Transportation of the child to and from court hearings
2) Supervision of the child during transport or while present at the hearing
3) Court testimony, recommendations, and reports to the court as requested
by the court. If court reports and recommendations are requested, the
Contractor shall send the reports to the local MDHHS County Office or
RPU for review three business days prior to the court hearing.
J. Absent Without Legal Permission
The Contractor shall have a clearly defined process for determining when a
child is AWOLP from the placement. The process shall delineate how the
facility and grounds are searched, what personnel will be involved in the
search, and how the determination will be made that the child is AWOLP
from the placement.
Once determined that a child is AWOLP from the placement, the Contractor
shall:
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1) Immediately notify law enforcement agencies that the child under their
care has failed to return at the expected time
2) Immediately file a missing person report with law enforcement
3) Immediately notify the local office the primary caseworker/agency or RPU
responsible for placement of the child's AWOLP status
k. Independent Living Preparation
Independent Living preparation is defined as a comprehensive and
coordinated set of activities that will assist children aged 14 and older in
preparing for a state of independence or providing care of oneself socially,
economically, and psychologically.
The Contractor shall support the child's independent living plan as outlined in
the child's case plan including any independent living preparation skills
including, but not limited to: budgeting and money management;
employment seeking skills; communication skills; relationship building;
establishing health and hygiene routines; household maintenance and
upkeep; educational assistance; preventive health services; parenting skills
and accessing community services.
Clinical Case Management and Day to Day Crisis Counseling
The Contractor shall provide clinical case management and day-to-day crisis
counseling for each child.
m. Inclusion and Involvement of Parents, Other Family Members or Caregivers:
Families (including incarcerated parents) and placement caregiver(s) shall be
included as extensively as possible from the beginning of the admission
process through discharge whenever it is in the best interest of the child.
Families and caregiver(s) shall be supported and involved in all aspects of
the child's treatment and discharge planning. All services shall be provided
in a manner that ensures children, families and placement caregiver(s)
receive comprehensive, culturally competent interventions.
The Contractor shall, in accordance with each child's individual plan:
1) Include the family (birth, relative, identified adult support or permanent
caregiver) in the development of the initial and updated plans and
specifically document the family's involvement in the plan and
permanency goal.
2) Provide routine transportation and flexible hours to accommodate the
family's time schedule to facilitate the family's accomplishment of the
treatment goals. Routine transportation is defined as any travel, including
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travel for family visitation, required by the child or family for treatment
purposes which occurs in the Contractor's geographic area to be served,
that may not reasonably be provided by the parents or other funding
source. The Contractor shall coordinate/collaborate with the primary
caseworker/agency or RPU responsible for placement to resolve
transportation barriers.
3) Describe the agency's plan to reduce the barrier of distance of a family to
the agency to ensure ongoing family contact as outlined in the FOM 722-
061, Maintaining Connections Through Visitation and Contact.
4) Actively facilitate and supervise parental visits as outlined in the FOM
722-061, Maintaining Connections Through Visitation and Contact. The
Contractor shall maintain for each child a record of parental visits
including dates, times, lengths of visit, and any other significant
information.
5) Provide an identifiable area for family visits which offer privacy and
comfort.
6) In collaboration with the agency responsible for placement, allow for
regular sibling visitation and other required sibling interaction as outlined
in the FOM and provide supported intervention, based on the child's
treatment needs, to encourage and strengthen sibling relationships.
7) Make arrangements for the child to make immediate phone contact
(within two hours of placement) with his parents and/or siblings whenever
reasonably possible.
8) Not withhold family contact (in any form) as a method of discipline.
9) Make concerted efforts to ensure the child is present for identified special
recruitment activities if the child is available for adoption without an
identified adoptive family. If there are safety concerns or other identified
treatment concerns, the Contractor shall consult with the primary
caseworker/agency or RPU responsible for placement.
n. Religion and Cultural
The Contractor shall respect the religious preference of the child and his/her
parent(s) or legal guardian.
The Contractor shall ensure each child is afforded opportunities to attend
religious services or activities in his/her religious faith of choice. The
Contractor shall arrange for or ensure reasonable means are provided for
transportation of a child to services or activities on or off site. Safety of the
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child must always be a priority concern when transporting and supervising
children.
The Contractor shall not require or coerce a child to participate in religious
services or activities, shall not discipline, discriminate against, or deny
privileges to any child who chooses not to participate. The Contractor shall
recognize and take into consideration the racial, cultural, ethnic and religious
backgrounds of a child when planning various activities or religious activities.
o. Education
The Contractor shall ensure every child is provided with appropriate
educational services. Those services shall be provided in accordance with
the requirements set forth in the FOM, and MDHHS DCWL standards for the
license specified in Section 2.4 of this Contract, and as detailed in the
Implementation, Sustainability, and Exit Plan.
In addition, the Contractor shall:
1) Collaborate with the child's identified school to screen for possible
educational disabilities; and if a disability is suspected, refer the child for
an Individual Education Program Team (IEPT) evaluation within the first
five calendar days of placement to assess, plan and place the child in the
most appropriate educational/vocational program.
2) Request prior educational assessments within five calendar days of
placement to assist in assessing the current educational needs.
Documentation of diligence in requesting records must be included in the
child's file.
3) Assure that program staff are available to the school staff in crisis
situations to assist in managing the crisis or to call for assistance.
4) Provide or arrange structured educational and/or vocational activities for
children suspended from or expelled from school, or who have passed
their General Education Development (GED) test, (i.e., structured
homework time, additional reading or writing activities, online educational
programming, independent study assignments and independent living
skills).
5) Take an active role in monitoring and maintaining school progress for
children whether or not they attend a structured school program.
Interventions may include, but are not limited to, obtaining school
assignments, monitoring completion of homework, capturing and
reporting grades and test scores when and where available, and
additional tutoring.
6) Provide tutorial services to a child, as necessary, based on the child's
Individualized Education Plan (IEP) or treatment plan. Tutorial staff must
have appropriate educational credentials to provide tutorial services.
Appropriate educational credentials are determined by the Contractors
Permanency/Educational Specialist.
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7) Provide advocacy and service planning for children that are expelled.
8) Be in compliance with Michigan's Department of Education rules and
requirements if operating a school on grounds.
9) Provide transportation to and from the child's identified school if public
school transportation is not available.
10) Provide behavioral aides as necessary to maintain a child in school.
P. Medical and Dental Care
The Contractor shall assure that children receive routine and non-routine
medical and dental care as required in the FOM 801, Health Services for
Foster Children and the MDHI-IS DCWL standards for the license specified in
Section 2.4 of this Contract and as detailed in the Implementation,
Sustainability, and Exit Plan. The Contractor shall provide all medical and
dental information to the primary caseworker/agency or RPU responsible for
placement to facilitate maintenance of the Medical Passport (DHS-221). In
addition, the Contractor shall assure that specific health care is provided,
including:
1) Rehabilitative, physical or dental procedures by medical personnel as
necessary.
2) Utilization of enrolled Medicaid providers or a board certified physician or
dentist volunteering his/her time for health procedures.
3) Provision of medication as prescribed by a treating physician. Agency
must have a Standard Operating Procedure for dispensing and storage
of medication.
4) Special diets provided as needed and regularly reassessed utilizing
appropriate specialized personnel.
5) Forwarding the above DCWL required medical and dental examination
reports to the primary caseworker/agency or RPU within five (5) working
days of completion.
6) Coordination with the primary caseworker/agency or RPU responsible for
placement for securing of prosthetic or mechanical equipment.
7) Review of prescriptive non-routine health care by medical personnel.
q. Wardrobe
The Contractor shall assure that children have an adequate wardrobe as
defined by and documented on the Clothing Inventory Checklist (DHS-3377)
while in placement and upon leaving placement. The Contractor shall
complete the DHS-3377 upon placement and discharge. The Contractor
shall provide the DHS-3377 to the primary caseworker/agency or RPU
responsible for placement within five business days of placement and
discharge. When the child is absent or at the conclusion of the placement,
the Contractor shall have a process in place to keep the child's wardrobe and
possessions safe until claimed by the child or MDHHS. If the possessions
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are not claimed within 90 calendar days, the Contractor may dispose of the
items at its discretion.
r. Recreation Activities
The Contractor shall provide daily access to appropriate recreation activities
as defined by MDHHS DCWL standards for the license specified in Section
2.4 of this Contract.
s. Transitional Service Following Discharge
The Contractor shall send the case worker the discharge report based on the
child's assessment and subsequent Contractor's recommendation.
2.11. Program Performance Objectives
During the contract period, the Contractor shall track individual youth for the
performance objectives listed below The Contractor shall supply the Oakland
County Business Service Center contract administrator with monthly reports that
include the statistics for the expected outcome measures listed below. These
reports shall be submitted no later than the tenth day of the month following the
reporting period.
a. The number and percentage of all children supervised by the Contractor
who were victims of substantiated maltreatment by facility staff.
b. The percentage of children who were fully assessed within 7 days of
placement.
c. The percentage of children who remain in their home school if the
referral originates in the county the shelter is located.
d. The percentage of children discharged from the Contractor's program,
who were discharged due to AWOLP status.
e. The percentage of children who had a family visit within seven calendar
days of placement and weekly thereafter unless any of the following
exceptions are documented:
1) The court orders less frequent visits
2) The parents are not attending the visits despite the worker taking
adequate steps to ensure the parent's ability to visit.
3) One or both parents cannot attend the visits due to compelling
circumstances such as hospitalization or incarceration
4) The child is above the age of 16 and refuses such visits take place.
f. The percentage of the children discharged from the program who have
participated in a planned visitation schedule as outline in his/her
transition plan.
g. The percentage of children and families who were offered the
opportunity to participate in Family Team Meetings.
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h. The percentage of families who were actively involved in the planning for
the child unless any of the following exceptions are documented:
1) The court orders no contact with the child
2) The parents are not cooperating despite the worker taking adequate
steps to engage the parents in the process
3) One or both parents cannot participate due to compelling
circumstances such as hospitalization or incarceration.
4) The child is above the age of 16 and refuses such involvement with
parent(s).
2.12. Audit Requirements
ContractorNendor Relationship
This Contract constitutes a contractor/vendor relationship with MDHHS. The
Contractor must immediately report to the MDHHS Bureau of Audit any audit
findings of fraud, an Going Concern, financial statement misstatements, or
accounting irregularities, including noncompliance with provisions of this
Contract.
2.13 Financial Audit Requirements
a. Required Audit or Audit Exemption Notice
Contractors must submit to the Department either a Single Audit, Financial
Statement Audit, or Audit Exemption Notice as described below. If
submitting a Single Audit or Financial Statement Audit, Contractors must also
submit a Corrective Action Plan for any audit findings that impact MDHHS-
funded programs, and management letter (if issued) with a response.
1) Single Audit
Contractors that are a non-profit organization and that expend $750,000
or more in federal awards during the Contractor's fiscal year, must submit
a Single Audit to the Department, regardless of the amount of funding
received from the Department. The Single Audit must comply with the
requirements of Title 2 Code of Federal Regulations, Subpart F.
2) Financial Statement Audit
Contractors exempt from the Single Audit requirements with fiscal years
that receive $750,000 or more in total funding from the Department in
State and Federal grant funding must submit to the Department a
Financial Statement Audit prepared in accordance with generally
accepted auditing standards (GAAS).
3) Audit Exemption Notice
Contractors exempt from the Single Audit and Financial Statement Audit
requirements (1 and 2 above) must submit an Audit Exemption Notice
that certifies these exemptions. The template and further instructions are
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available at http://www.michigan.gov/mdhhs by selecting Inside MDHHS
menu, then MDHHS Audit, then Audit Reporting.
b. Due Date and Where to Send
The required audit and any other required submissions (i.e. Corrective Action
Plan and management letter with a response), or Audit Exemption Notice
must be submitted to the Department within nine months after the end of the
Contractor's fiscal year by e-mail to the Department at MDHHS-
AuditReports@michigan.gov. The required submissions must be in PDF
files and compatible with Adobe Acrobat (read only). The subject line must
state the agency name and fiscal year end. The Department reserves the
right to request a hard copy of the audit materials if for any reason the
electronic submission process is not successful.
c. Penalty
1) If the Contractor does not submit the required Single Audit or Financial
Statement Audit, including any management letter and applicable
corrective action plans within nine months after the end of the
Contractor's fiscal year, the Department may withhold from the current
funding an amount equal to five percent of the audit year's contract
funding (not to exceed $200,000) until the required filing is received by
the Department. The Department may retain the amount withheld as a
penalty if delinquency reached 120 days past due. The Department may
terminate the contract if the Contractor is 180 days delinquent in meeting
the audit requirements.
2) Failure to submit the Audit Exemption Notice, when required, may result
in withholding from the current funding an amount equal to one percent of
the audit year's funding until the Audit Exemption Notice is received,
d. Other Audits
The Department or federal agencies may also conduct or arrange for
"agreed upon procedures" or additional audits to meet their needs.
2.14. Cost Reporting
The Contractor shall submit annual financial cost reports based on the state's
fiscal year which begins October 1 and ends September 30 in the following
calendar year. The reports shall contain the actual costs incurred by providers in
delivering services required in this Contract to MDHHS clients for the reporting
period. Costs for non-MDHHS children are not to be included. Reports will be
submitted using a template provided by MDHHS. The financial reports shall be
submitted annually, and will be due November 30 of each fiscal year, The
Contractor must comply with all other program and fiscal reporting procedures
as are or may hereinafter be established by MDHHS. Reports shall be
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submitted electronically to MDHHS-Foster-Care-Auditsmichigan.gov with the
subject line: SHFC Cost Report.
Failure to meet reporting responsibilities as identified in this Contract may result
in MDHHS withholding payments until receipt of annual financial cost report.
MDHHS may withhold from current payments an amount equal to five percent of
the Contractor's reporting year MDHHS revenue (not to exceed $60,000) until
the required filing is received by the Department. MDHHS may retain withheld
funds as a penalty if delinquency reaches sixty (60) days past due. MDHHS
may terminate the contract if the Contractor is ninety (90) days delinquent in
submitting the required annual financial cost report.
2.15. Service Documentation
The Contractor agrees to maintain program records required by MDHHS,
program statistical records required by MDHHS, and to produce program
narrative and statistical data at times prescribed by, and on forms furnished by,
MDHHS.
2.16. Private Agency MiSACWIS
The Contractor shall ensure that residential payment staff has access to the
Michigan Statewide Automated Child Welfare Information System (MiSACWIS)
through a web-based interface, henceforth referred to as the "MiSACWIS
application." Requirements for MiSACW1S for CCI contracts may be found at
http://www.mich igan .gov/md h hs/0,5885,7-339-71551 7199---,00.htm I
2.17. Billing
The Contractor shall submit through the MiSACWIS system the bi-weekly roster
for any child in the Contractors care per the instructions within the MiSACWIS
system. The billing shall only indicate the units of service provided by the
Contractor and shall be submitted to MDHHS within 30 days from the end of the
billing period.
No original request for payment submitted by the Contractor more than one year
after the close of the two week billing period during which services were provided
shall be honored for payment.
When the Contractor's financial records reveal that payment for a child has not
been provided by MDHHS within 30 days of receiving all necessary
documentation, the Contractor will seek payment resolution by contacting the
direct supervisor of the assigned MDHHS worker in writing. Any concerns over
a payment authorization or issuance that cannot be resolved within 30 days of
the written notice must be reported to the MDHHS County Director for immediate
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resolution. The Contractor will apprise MDHHS Office of Child Welfare Services
and Support of any ongoing, unresolved payment concerns.
2.18. Fees and Other Sources of Funding
The Contractor guarantees that any claims made to MDHHS under this Contract
shall not be financed by any source other than MDHHS under the terms of this
Contract. If funding is received through any other source, the Contractor agrees
to deduct from the amount billed to MDHHS the greater of either the fee
amounts, or the actual costs of the services provided.
The Contractor may not accept reimbursement from a client unless the Contract
specifically authorizes such reimbursement in the "Contractor Responsibility"
Section. In such case, a detailed fee scale and criteria for charging the fee must
be included. If the Contractor accepts reimbursement from a client in accordance
with the terms of the Contract, the Contractor shall deduct these fees from
billings to MDHHS.
Other third party funding sources, e.g., insurance companies, may be billed for
contracted client services. Third party reimbursement shall be considered
payment in full unless the third party fund source requires a co-pay, in which
case MDHHS may be billed for the amount of the co-pay. No supplemental
billing is allowed.
2.19. Recovery of Funding and Repayment of Debts
a. Recovery of Funding
If the Contractor fails to comply with requirements as set forth in this
Contract, or fails to submit a revised payment request within allotted time
frames established by MDFIFIS in consultation with the Contractor, MDHHS
may require the Contractor to reimburse payments made under this Contract
to which MDHHS has determined that the Contractor was not entitled. If the
Contractor becomes aware of any situation involving payments received
under this Contract to which the Contractor was not entitled, the
overpayment amount must be repaid to MDHHS within 30 days of the
Contractor becoming aware. The Contractor is liable for any cost incurred by
MDHHS in the recovery of any funding.
Upon notification by MDHHS that repayment is required, or upon any other
awareness of an overpayment to the Contractor, the Contractor shall make
payment directly to MDHHS within 30 days or MDHHS may withhold future
payments made under this or any other Contract(s), between MDHHS and
the Contractor.
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If the Contractor fails to: (1) correct noncompliance activities identified by
MDHHS, (2) submit revised billings as requested as part of a Corrective
Action Plan when required; or (3) remit overpayments or make arrangements
to have the overpayments deducted from future payments within 30 days,
such failure shall constitute grounds to terminate immediately any or all of
MDHHS Contracts with the Contractor. MDHHS shall also report
noncompliance of the Contractor to Michigan's Department of Technology,
Management and Budget. Such report may result in the Contractor's
debarment from further contracts with the state of Michigan.
b. Repayment of Other Amounts due MDHHS
By entering into this Contract, the Contractor agrees to honor all prior
repayment Contracts established by MDFIFIS with the Contractor or
Contractor's predecessors. In the absence of a repayment Contract for
amounts due MDHHS, the Contractor agrees to make monthly payments to
MDHHS at an amount not less than 5% of any outstanding balance and to
begin on the date this Contract is executed. If any of these required
payments are made more than 30 days past the due date, MDHHS may
reduce or withhold future payments made under this or any other Contract(s)
between MDHHS and the Contractor.
The payment reduction will be made either at the amount originally
established in the repayment Contract or at an amount not less than 5% of
any outstanding balance effective on the date this Contract is executed.
2.20. Child Protection Law Reporting Requirements
a. The Contractor shall ensure that all employees who have reasonable
cause to suspect child abuse or neglect shall report any suspected
abuse or neglect of a child in care to MDHHS for investigation as
required by Public Acts of 1975, Act Number 238.
b. Failure of the Contractor or its employees to report suspected abuse or
neglect of a child to MDHHS shall result in an immediate investigation to
determine the appropriate corrective action up to and including
termination of the contract.
c. Failure of the Contractor or its employees to report suspected child
abuse or neglect two or more times within a one-year period shall result
in a review of the contract agency's violations by a designated
Administrative Review Team, which shall include the Director of GSA
and the Director of DCWL or its successor agency, that shall consider
mitigating and aggravating circumstances to determine the appropriate
corrective action up to and included license revocation and contract
termination.
2.21. The Division of Child Welfare Licensing (DCWL)
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DCWL shall be responsible for review of the Contractor's compliance with the
Contract and any court orders, via an Annual Compliance Review (ACR) and
Special Investigations. DCWL may review, analyze and comment on all
activities covered within the terms of the Contract or court order. If the ACR of
Special Investigation reveals that the Contractor has not complied with the
requirements of this Contract or court order, the following procedures shall be
implemented:
a. DCWL shall notify the Contractor of the Contract or court noncompliance.
This notification shall occur verbally during an exit conference, and be
followed with a written report of the findings. The Contractor may request a
meeting to discuss and examine the identified Contract or court
noncompliance.
b. Following the identification of the Contract or court noncompliance, DCWL
will request the Contractor submit a Corrective Action Plans (CAP) to DCWL
within 15 days of receiving the written report of findings.
c. After the Contractor's CAP has been reviewed and approved by DCWL, the
Contractor's compliance with the CAP shall be reviewed in accordance with
time frames established by DCWL in the written notification of acceptance of
the CAP.
d. Based on the severity or repeated nature of cited violations, a
recommendation may be made by DCWL at any time to place a moratorium
on new placements with the contractor or to cancel the contract. If either
recommendation is made, a meeting will be convened with the director of the
contracted agency, the division director of DCWL and the Children's Services
Agency (CSA) director or designee to provide the contractor with the
opportunity to provide documented information on why the moratorium or
cancellation of the contract should not occur.
e. If a moratorium on new placements is put into place, it shall be for a
minimum of 90 days to allow the contractor to remedy cited violations and
comply with any agreed on CAP. If the cited violations are not corrected
during the period of the moratorium or additional serious violations are cited,
consideration shall be given to cancellation of the agency's contract. Final
decisions regarding the cancellation of a contract shall be made by the CSA
director.
2.22 Corrective Action Requirements
If a program review by MDHHS reveals a lack of compliance with the
requirements of this Contract, the Contractor shall:
a. Meet with MDHHS to discuss the noncompliance.
b. Prepare a corrective action plan within 30 days of receiving MDRHS' written
findings.
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c. Achieve compliance within 60 days of receipt of MDHHS' approval of the
corrective action plan (unless other time frames are agreed to in writing by
MDHHS) or MDHHS may terminate this Contract, subject to the standard
contract terms.
3. MDHHS RESPONSIBILITIES
3.1. Payment
MDHHS shall make payments to the Contractor pursuant to MCL 17.51-17.57
and State of Michigan Financial Management Guide, Part II-Accounting and
Financial Reporting, Chapter 25, Section 100, "Prompt Payment for Goods and
Services."
a. The per diem rate(s) for services provided under this Contract shall be
Service Code
Program Name
Per Diem Rate
Effective Date
Bridges Provider Number
MiSACWIS Provider Number
745
Children's Village-Mandy's Place
$359.13
10/01/18
6358407
10400607
b. For County Child Care Fund funded children, MDHHS is not statutorily
obligated to make payment to the Contractor. Payment for these children is
the statutory responsibility of the County. If payment is not made, MDHHS
shall make reasonable efforts to assist the Contractor to obtain payment.
3.2. Performance Evaluation and Monitoring
The services provided by the Contractor under this Contract shall be evaluated
and assessed at least annually by MDHHS.
MDHHS shall perform contract monitoring through activities such as:
a. MDHHS shall be responsible for performance reviews as outlined in Section
2.11 of this Contract.
b. MDHHS shall be responsible for contract compliance audits as outlined in
Section 2.11 of this Contract.
4. STANDARD TERMS
4.1 Duties of Contractor
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Contractor must perform the services and provide the deliverables described
in Sections 1 and 2 (the "Contract Activities"). An obligation to provide
delivery of any commodity is considered a service and is an Contract Activity.
Contractor must furnish all labor, equipment, materials, and supplies
necessary for the performance of the Contract Activities, and meet
operational standards, unless otherwise specified in Section 2.10 — Services
to be Provided.
Contractor must:
a. Perform the Contract Activities in a timely, professional, safe, and
workmanlike manner consistent with standards in the trade, profession, or
industry;
b. Meet or exceed the performance and operational standards, and
specifications of this Contract;
c. Provide all Contract Activities in good quality, with no material defects;
d. Not interfere with MDHHS's operations;
e. Obtain and maintain all necessary licenses, permits or other
authorizations necessary for the performance of this Contract;
f. Cooperate with MDHHS, including MDHHS's quality assurance personnel,
and any third party to achieve the objectives of this Contract;
g. Return to MDHHS any State-furnished equipment or other resources in
the same condition as when provided when no longer required for this
Contract;
h. Not make any media releases without prior written authorization from
MDHHS;
i. Assign to MDHHS any claims resulting from state or federal antitrust
violations to the extent that those violations concern materials or services
supplied by third parties toward fulfillment of this Contract;
Comply with all State physical and IT security policies and standards
which will be made available upon request; and
k. Provide MDHHS priority in performance of this Contract except as
mandated by federal disaster response requirements.
Any breach under this provision is considered a material breach.
Contractor must also be clearly identifiable while on State property by
wearing identification issued by the State, and clearly identify themselves
whenever making contact with the State.
4.2 Notices
All notices and other communications required or permitted under this
Contract must be in writing and will be considered given and received: (a)
when verified by written receipt if sent by courier; (b) when actually received
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if sent by mail without verification of receipt; or (c) when verified by
automated receipt or electronic logs if sent by facsimile or email.
4.3 Reserved
4.4 Reserved
4.5 Reserved
4.6 Insurance Requirements
Contractor is self-insured and will provide the following:
a. Proof of self-insurance from the Michigan Department of Insurance and Financial
Services for auto liability.
b. Proof of self-insurance from the Michigan Department of Licensing and Regulatory
Affairs for worker's compensation and employer's liability.
c. A copy of most recent independently audited financial statements.
This Section is not intended to and is not to be construed in any manner as waiving,
restricting or limiting the liability of either party for any obligations under this Agreement.
4.7 Reserved
4.8 Extended Purchasing Program
This contract is extended to MiDEAL members. MiDEAL members include
local units of government, school districts, universities, community colleges
and nonprofit hospitals. A current list of MiDEAL members is available at
www.michigan.gov/mideal . Upon written Contract between MDHHS and
Contractor, this contract may also be extended to (a) State of Michigan
employees and (b) other states (including governmental subdivisions and
authorized entities).
If extended, Contractor must supply all Contract Activities at the established
Contract prices and terms. MDHHS reserves the right to impose an
administrative fee and negotiate additional discounts based on any increased
volume generated by such extensions.
Contractor must submit invoices to, and receive payment from, extended
purchasing program members on a direct and individual basis.
4.9 Independent Contractor
Contractor is an independent contractor and assumes all rights, obligations
and liabilities set forth in this Contract. Contractor, its employees, and
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agents will not be considered employees of MDHHS. No partnership or joint
venture relationship is created by virtue of this Contract. Contractor, and not
MDHHS, is responsible for the payment of wages, benefits and taxes of
Contractor's employees and any subcontractors. Prior performance does not
modify Contractor's status as an independent contractor.
4.10 Subcontracting
Contractor remains responsible for the completion of the Contract Activities,
compliance with the terms of this Contract, and the acts and omissions of the
subcontractor.
4.11 Staffing
MDHHS's Contract Administrator may require Contractor to remove or
reassign personnel by providing a notice to Contractor.
4.12 Reserved
4.13 Assignment
Contractor may not assign this Contract to any other party without the prior
approval of MDHHS. Upon notice to Contractor, MDHHS, in its sole
discretion, may assign in whole or in part, its rights or responsibilities under
this Contract to any other party. If MDHHS determines that a novation of this
Contract to a third party is necessary, Contractor will agree to the novation
and provide all necessary documentation and signatures.
4.14 Reserved
4.15 Reserved
4.16 Acceptance
Contract Activities are subject to inspection and testing by MDHHS within 30
calendar days of MDHHS's receipt of them ("State Review Period"), unless
otherwise provided in Section 2.10— Services to be Provided. If the Contract
Activities are not fully accepted by MDHHS, MDHHS will notify Contractor by
the end of the State Review Period that either: (a) the Contract Activities are
accepted, but noted deficiencies must be corrected; or (b) the Contract
Activities are rejected. If MDHHS finds material deficiencies, it may: (i) reject
the Contract Activities without performing any further inspections; (ii) demand
performance at no additional cost; or (iii) terminate this Contract in
accordance with Section 4.23, Termination for Cause.
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Within 10 business days from the date of Contractor's receipt of notification
of acceptance with deficiencies or rejection of any Contract Activities,
Contractor must cure, at no additional cost, the deficiency and deliver
unequivocally acceptable Contract Activities to MDHHS. If acceptance with
deficiencies or rejection of the Contract Activities impacts the content or
delivery of other non-completed Contract Activities, the parties' respective
Program Managers must determine an agreed to number of days for re-
submission that minimizes the overall impact to this Contract. However,
nothing herein affects, alters, or relieves Contractor of its obligations to
correct deficiencies in accordance with the time response standards set forth
in this Contract.
If Contractor is unable or refuses to correct the deficiency within the time
response standards set forth in this Contract, MDHHS may cancel the order
in whole or in part. MDHHS, or a third party identified by MDHHS, may
perform the Contract Activities and recover the difference between the cost
to cure and the Contract price plus an additional 10% administrative fee.
4.17 Reserved
4.18 Reserved
4.19 Reserved
4.20 Terms of Payment
Invoices must conform to the requirements communicated from time-to-time
by MDHHS. All undisputed amounts are payable within 45 days of MDHHS's
receipt. Contractor may only charge for Contract Activities performed as
specified in Section 2.10 — Services to be Provided. Invoices must include
an itemized statement of all charges. MDHHS is exempt from State sales tax
for direct purchases and may be exempt from federal excise tax, if Services
purchased under this Contract are for MDRHS's exclusive use.
Notwithstanding the foregoing, all prices are inclusive of taxes, and
Contractor is responsible for all sales, use and excise taxes, and any other
similar taxes, duties and charges of any kind imposed by any federal, state,
or local governmental entity on any amounts payable by MDHHS under this
Contract.
MDHHS has the right to withhold payment of any disputed amounts until the
parties agree as to the validity of the disputed amount. MDHHS will notify
Contractor of any dispute within a reasonable time. Payment by MDHHS will
not constitute a waiver of any rights as to Contractor's continuing obligations,
including claims for deficiencies or substandard Contract Activities.
Contractor's acceptance of final payment by MDHHS constitutes a waiver of
all claims by Contractor against MDHHS for payment under this Contract,
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other than those claims previously filed in writing on a timely basis and still
disputed.
MDHHS will only disburse payments under this Contract through Electronic
Funds Transfer (EFT). Contractor must register with the State at
http://www.michican.dov/SIGMAVSS to receive electronic fund transfer
payments. If Contractor does not register, MDHHS is not liable for failure to
provide payment. Without prejudice to any other right or remedy it may have,
MDHHS reserves the right to set off at any time any amount then due and
owing to it by Contractor against any amount payable by MDHHS to
Contractor under this Contract.
4.21 Reserved
4.22 Stop Work Order
MDHHS may suspend any or all activities under this Contract at any time.
MDHHS will provide Contractor a written stop work order detailing the
suspension. Contractor must comply with the stop work order upon receipt.
Within 90 calendar days, or any longer period agreed to by Contractor,
MDHHS will either: (a) issue a notice authorizing Contractor to resume work,
or (b) terminate this Contract or purchase order. MDHHS will not pay for
Contract Activities, Contractor's lost profits, or any additional compensation
during a stop work period.
4.23 Termination for Cause
MDHHS may terminate this Contract for cause, in whole or in part, if
Contractor, as determined by MDHHS:
a, Endangers the value, integrity, or security of any location, data, or
personnel;
b. Becomes insolvent, petitions for bankruptcy court proceedings, or has an
involuntary bankruptcy proceeding filed against it by any creditor;
c. Engages in any conduct that may expose MDHHS to liability;
d. Breaches any of its material duties or obligations; or
e. Fails to cure a breach within the time stated in a notice of breach.
Any reference to specific breaches being material breaches within this
Contract will not be construed to mean that other breaches are not material.
If MDHHS terminates this Contract under this Section, MDHHS will issue a
termination notice specifying whether Contractor must: (a) cease
performance immediately, or (b) continue to perform for a specified period. If
it is later determined that Contractor was not in breach of this Contract, the
termination will be deemed to have been a Termination for Convenience,
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effective as of the same date, and the rights and obligations of the parties will
be limited to those provided in Section 4.24, Termination for Convenience.
MDHHS will only pay for amounts due to Contractor for Contract Activities
accepted by MDHHS on or before the date of termination, subject to
MDHHS's right to set off any amounts owed by the Contractor for MDHHS's
reasonable costs in terminating this Contract. The Contractor must pay all
reasonable costs incurred by MDHHS in terminating this Contract for cause,
including administrative costs, attorneys' fees, court costs, transition costs,
and any costs MDHHS incurs to procure the Contract Activities from other
sources.
4.24 Termination for Convenience
MDHHS may immediately terminate this Contract in whole or in part without
penalty and for any reason, including but not limited to, appropriation or
budget shortfalls. The termination notice will specify whether Contractor
must: (a) cease performance of the Contract Activities immediately, or (b)
continue to perform the Contract Activities in accordance with Section 4.25,
Transition Responsibilities. If MDHHS terminates this Contract for
convenience, MDHHS will pay all reasonable costs, as determined by
MDHHS, for MDHHS approved Transition Responsibilities.
The Contractor may terminate this Contract upon 30 days written notice to
MDHHS at any time prior to the completion of the Contract period.
4,25 Transition Responsibilities
Upon termination or expiration of this Contract for any reason, Contractor
must, for a period of time specified by MDHHS (not to exceed 120 calendar
days), provide all reasonable transition assistance requested by MDHHS, to
allow for the expired or terminated portion of the Contract Activities to
continue without interruption or adverse effect, and to facilitate the orderly
transfer of such Contract Activities to MDHHS or its designees. Such
transition assistance may include, but is not limited to:
a. Continuing to perform the Contract Activities at the established Contract
rates;
b. Taking all reasonable and necessary measures to transition performance
of the work, including all applicable Contract Activities, training,
equipment, software, leases, reports and other documentation, to MDHHS
or MDHHS's designee;
c. Taking all necessary and appropriate steps, or such other action as
MDHHS may direct, to preserve, maintain, protect, or return to MDHHS all
materials, data, property, and confidential information provided directly or
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indirectly to Contractor by any entity, agent, vendor, or employee of
MDHHS;
d. Transferring title in and delivering to MDHHS, at MDHHS's discretion, all
completed or partially completed deliverables prepared under this
Contract as of the Contract termination date; and
e. Preparing an accurate accounting from which MDHHS and Contractor
may reconcile all outstanding accounts (collectively, "Transition
Responsibilities").
This Contract will automatically be extended through the end of the transition
period.
4.26 General Indemnification
Each Party shall be responsible for any Claims made against that Party, and to
the extent required by law, for the acts of its Employees or Agents.
In any Claim that may arise from the performance of this Agreement, each Party
shall seek its own legal representation and bear the costs associated with such
representation including any attorney fees.
Except as otherwise provided in this Agreement, neither Party shall have any
right under any legal principle to be indemnified by the other Party or any of its
employees or Agents in connection with any Claim.
This Agreement does not, and is not intended to, impair, divest, delegate or
contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty or immunity of the Parties. Nothing in this Agreement shall be
construed as a waiver of governmental immunity for either Party.
4.27 Infringement Remedies
If, in either party's opinion, any piece of equipment, software, commodity, or
service supplied by Contractor or its subcontractors, or its operation, use or
reproduction, is likely to become the subject of a copyright, patent,
trademark, or trade secret infringement claim, Contractor must, at its
expense:
a. Procure for MDHHS the right to continue using the equipment, software,
commodity, or service, or if this option is not reasonably available to
Contractor,
b. Replace or modify the same so that it becomes non-infringing; or
c. Accept its return by MDHHS with appropriate credits to MDHHS against
Contractor's charges and reimburse MDHHS for any losses or costs
incurred as a consequence of MDHHS ceasing its use and returning it.
4.28 Limitation of Liability and Disclaimer of Damages
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In no event will the state's aggregate liability to contractor under this contract,
regardless of the form of action, whether in contract, tort, negligence, strict
liability or by statute or otherwise, for any claim related to or arising under
this contract, exceed the maximum amount of fees payable under this
contract. MDHHS is not liable for consequential, incidental, indirect, or
special damages, regardless of the nature of the action.
4.29 Disclosure of Litigation, or Other Proceeding
Contractor must notify MDHHS within 14 calendar days of receiving notice of
any litigation, investigation, arbitration, or other proceeding (collectively,
"Proceeding") involving Contractor, a subcontractor, or an officer or director
of Contractor or subcontractor, that arises during the term of this Contract,
including:
a. A criminal Proceeding;
b. A parole or probation Proceeding;
a A Proceeding under the Sarbanes-Oxley Act;
d. A civil Proceeding involving:
1) A claim that might reasonably be expected to adversely affect
Contractor's viability or financial stability; or
2) A governmental or public entity's claim or written allegation of fraud; or
e. A Proceeding involving any license that Contractor is required to possess
in order to perform under this Contract.
4.30 Reserved
4.31 State Data or Compromise
a. Ownership. MDHHS's data ("State Data," which will be treated by
Contractor as Confidential Information) includes:
1) MDHHS's data collected, used, processed, stored, or generated as the
result of the Contract Activities;
2) Personally identifiable information ("PII") collected, used, processed,
stored, or generated as the result of the Contract Activities, including,
without [imitation, any information that identifies an individual, such as
an individual's social security number or other government-issued
identification number, date of birth, address, telephone number,
biometric data, mother's maiden name, email address, credit card
information, or an individual's name in combination with any other of
the elements here listed; and,
3) Personal health information ("PHI") collected, used, processed, stored,
or generated as the result of the Contract Activities, which is defined
under the Health Insurance Portability and Accountability Act (HIPAA)
and its related rules and regulations. State Data is and will remain the
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sole and exclusive property of MDHHS and all right, title, and interest
in the same is reserved by MDHHS.
This Section survives the termination of this Contract.
b. Contractor Use of State Data. Contractor is provided a limited license to
State Data for the sole and exclusive purpose of providing the Contract
Activities, including a license to collect, process, store, generate, and
display State Data only to the extent necessary in the provision of the
Contract Activities. Contractor must:
1) Keep and maintain State Data in strict confidence, using such degree
of care as is appropriate and consistent with its obligations as further
described in this Contract and applicable law to avoid unauthorized
access, use, disclosure, or loss;
2) Use and disclose State Data solely and exclusively for the purpose of
providing the Contract Activities, such use and disclosure being in
accordance with this Contract, any applicable Statement of Work, and
applicable law; and
3) Not use, sell, rent, transfer, distribute, or otherwise disclose or make
available State Data for Contractor's own purposes or for the benefit of
anyone other than MDHHS without MDHHS's prior written consent.
This Section survives the termination of this Contract.
c. Extraction of State Data. Contractor must, within five business days of
MDHHS's request, provide MDHHS, without charge and without any
conditions or contingencies whatsoever (including but not limited to the
payment of any fees due to Contractor), an extract of the State Data in the
format specified by MDHHS.
d. Backup and Recovery of State Data. Unless otherwise specified in
Section 2.5 — Services to be Delivered, Contractor is responsible for
maintaining a backup of State Data and for an orderly and timely recovery
of such data. Unless otherwise described in Section 2.10— Services to be
Provided, Contractor must maintain a contemporaneous backup of State
Data that can be recovered within two hours at any point in time.
e. Loss or Compromise of Data. In the event of any act, error or omission,
negligence, misconduct, or breach on the part of Contractor that
compromises or is suspected to compromise the security, confidentiality,
or integrity of State Data or the physical, technical, administrative, or
organizational safeguards put in place by Contractor that relate to the
protection of the security, confidentiality, or integrity of State Data,
Contractor must, as applicable:
1) Notify MDHHS as soon as practicable but no later than 24 hours of
becoming aware of such occurrence;
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2) Cooperate with MDHHS in investigating the occurrence, including
making available all relevant records, logs, files, data reporting, and
other materials required to comply with applicable law or as otherwise
required by MDHHS;
3) In the case of P11 or PHI, at MDHHS's sole election, (i) with approval
and assistance from MDHHS notify the affected individuals who
comprise the Pll or PHI as soon as practicable but no later than is
required to comply with applicable law, or, in the absence of any legally
required notification period, within five calendar days of the
occurrence; or (ii) reimburse MDHHS for any costs in notifying the
affected individuals;
4) In the case of PII, provide third-party credit and identity monitoring
services to each of the affected individuals who comprise the Pll for
the period required to comply with applicable law, or, in the absence of
any legally required monitoring services, for no less than 24 months
following the date of notification to such individuals;
5) Perform or take any other actions required to comply with applicable
law as a result of the occurrence;
6) Pay for any costs associated with the occurrence, including but not
limited to any costs incurred by MDHHS in investigating and resolving
the occurrence, including reasonable attorney's fees associated with
such investigation and resolution;
7) Without limiting Contractor's obligations of indemnification as further
described in this Contract, indemnify, defend, and hold harmless
MDHHS for any and all claims, including reasonable attorneys' fees,
costs, and incidental expenses which may be suffered by, accrued
against, charged to, or recoverable from MDHHS in connection with
the occurrence;
8) Be responsible for recreating lost State Data in the manner and on the
schedule set by MDHHS without charge to MDHHS; and,
9) Provide to MDHHS a detailed plan within 10 calendar days of the
occurrence describing the measures Contractor will undertake to
prevent a future occurrence.
Notification to affected individuals, as described above, must comply with
applicable law, be written in plain language, not be tangentially used for
any solicitation purposes, and contain, at a minimum: name and contact
information of Contractor's representative; a description of the nature of
the loss; a list of the types of data involved; the known or approximate
date of the loss; how such loss may affect the affected individual; what
steps Contractor has taken to protect the affected individual; what steps
the affected individual can take to protect himself or herself; contact
information for major credit card reporting agencies; and, information
regarding the credit and identity monitoring services to be provided by
Contractor. MDHHS will have the option to review and approve any
notification sent to affected individuals prior to its delivery. Notification to
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any other party, including but not limited to public media outlets, must be
reviewed and approved by MDHHS in writing prior to its dissemination.
This Section survives termination or expiration of this Contract.
4.32 Non-Disclosure of Confidential Information
The parties acknowledge that each party may be exposed to or acquire
communication or data of the other party that is confidential, privileged
communication not intended to be disclosed to third parties. The provisions
of this Section survive the termination of this Contract.
a. Meaning of Confidential Information. For the purposes of this Contract,
the term "Confidential Information" means all information and
documentation of a party that:
1) Has been marked "confidential" or with words of similar meaning, at
the time of disclosure by such party;
2) If disclosed orally or not marked "confidential" or with words of similar
meaning, was subsequently summarized in writing by the disclosing
party and marked "confidential" or with words of similar meaning; and,
3) Should reasonably be recognized as confidential information of the
disclosing party.
The term "Confidential Information" does not include any information or
documentation that was:
1) Subject to disclosure under the Michigan Freedom of Information Act
(FO IA);
2) Already in the possession of the receiving party without an obligation of
confidentiality;
3) Developed independently by the receiving party, as demonstrated by
the receiving party, without violating the disclosing party's proprietary
rig hts;
4) Obtained from a source other than the disclosing party without an
obligation of confidentiality; or,
5) Publicly available when received, or thereafter became publicly
available (other than through any unauthorized disclosure by, through,
or on behalf of, the receiving party).
For purposes of this Contract, in all cases and for all matters, State Data is
deemed to be Confidential Information.
b. Obligation of Confidentiality. The parties agree to hold all Confidential
Information in strict confidence and not to copy, reproduce, sell, transfer,
or otherwise dispose of, give or disclose such Confidential Information to
third parties other than employees, agents, or subcontractors of a party
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who have a need to know in connection with this Contract or to use such
Confidential Information for any purposes whatsoever other than the
performance of this Contract. The parties agree to advise and require
their respective employees, agents, and subcontractors of their obligations
to keep all Confidential Information confidential. Disclosure to a
subcontractor is permissible where:
1) Use of a subcontractor is authorized under this Contract;
2) The disclosure is necessary or otherwise naturally occurs in
connection with work that is within the subcontractor's responsibilities;
and
3) Contractor obligates the subcontractor in a written contract to maintain
MDHHS's Confidential Information in confidence.
At MDHHS's request, any employee of Contractor or any subcontractor
may be required to execute a separate Contract to be bound by the
provisions of this Section.
c. Cooperation to Prevent Disclosure of Confidential Information. Each party
must use its best efforts to assist the other party in identifying and
preventing any unauthorized use or disclosure of any Confidential
Information. Without limiting the foregoing, each party must advise the
other party immediately in the event either party learns or has reason to
believe that any person who has had access to Confidential Information
° has violated or intends to violate the terms of this Contract and each party
will cooperate with the other party in seeking injunctive or other equitable
relief against any such person.
d. Remedies for Breach of Obligation of Confidentiality. Each party
acknowledges that breach of its obligation of confidentiality may give rise
to irreparable injury to the other party, which damage may be inadequately
connpensable in the form of monetary damages. Accordingly, a party may
seek and obtain injunctive relief against the breach or threatened breach
of the foregoing undertakings, in addition to any other legal remedies
which may be available, to include, in the case of MDHHS, at the sole
election of MDHHS, the immediate termination, without liability to MDHHS,
of this Contract or any Statement of Work corresponding to the breach or
threatened breach.
e. Surrender of Confidential information upon Termination. Upon termination
of this Contract or a Statement of Work, in whole or in part, each party
must, within five calendar days from the date of termination, return to the
other party any and all Confidential Information received from the other
party, or created or received by a party on behalf of the other party, which
are in such party's possession, custody, or control; provided, however,
that Contractor must return State Data to MDHHS following the timeframe
and procedure described further in this Contract. Should Contractor or
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MDHHS determine that the return of any Confidential Information is not
feasible, such party must destroy the Confidential Information and must
certify the same in writing within five calendar days from the date of
termination to the other party. However, MDHHS's legal ability to destroy
Contractor data may be restricted by its retention and disposal schedule,
in which case Contractor's Confidential Information will be destroyed after
the retention period expires.
4.33 Data Privacy and Information Security
a. Undertaking by Contractor. Without limiting Contractor's obligation of
confidentiality as further described, Contractor is responsible for
establishing and maintaining a data privacy and information security
program, including physical, technical, administrative, and organizational
safeguards, that is designed to:
1) Ensure the security and confidentiality of the State Data;
2) Protect against any anticipated threats or hazards to the security or
integrity of the State Data;
3) Protect against unauthorized disclosure, access to, or use of the State
Data;
4) Ensure the proper disposal of State Data; and
5) Ensure that all employees, agents, and subcontractors of Contractor, if
any, comply with all of the foregoing. In no case will the safeguards of
Contractor's data privacy and information security program be less
stringent than the safeguards used by MDHHS, and Contractor must at
all times comply with all applicable State IT policies and standards,
which are available to Contractor upon request.
b. Audit by Contractor. Contractor may conduct a comprehensive
independent third-party audit of its data privacy and information security
program and provide such audit findings to MDHHS.
c. Right of Audit by the State. Without limiting any other audit rights of
MDHHS, MDHHS has the right to review Contractor's data privacy and
information security program prior to the commencement of Contract
Activities and from time to time during the term of this Contract. During
the providing of the Contract Activities, on an ongoing basis from time to
time and without notice, MDHHS, at its own expense, is entitled to
perform, or to have performed, an on-site audit of Contractor's data
privacy and information security program. In lieu of an on-site audit, upon
request by MDHHS, Contractor agrees to complete, within 45 calendar
days of receipt, an audit questionnaire provided by MDHHS regarding
Contractor's data privacy and information security program.
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d. Audit Findings. Contractor must implement any required safeguards as
identified by MDHHS or by any audit of Contractor's data privacy and
information security program.
e. State's Right to Termination for Deficiencies. MDHHS reserves the right,
at its sole election, to immediately terminate this Contract or a Statement
of Work without limitation and without liability if MDHHS determines that
Contractor fails or has failed to meet its obligations under this Section.
4.34 Reserved
4.35 Reserved
4.36 Records Maintenance, Inspection, Examination, and Audit
MDHHS or its designee may audit Contractor to verify compliance with this
Contract. Contractor must retain, and provide to MDHHS or its designee and
the auditor general upon request, all financial and accounting records related
to this Contract through the term of this Contract and for four years after the
latter of termination, expiration, or final payment under this Contract or any
extension ("Audit Period"). If an audit, litigation, or other action involving the
records is initiated before the end of the Audit Period, Contractor must retain
the records until all issues are resolved.
Within 10 calendar days of providing notice, MDHHS and its authorized
representatives or designees have the right to enter and inspect Contractor's
premises or any other places where Contract Activities are being performed,
and examine, copy, and audit all records related to this Contract. Contractor
must cooperate and provide reasonable assistance. If any financial errors
are revealed, the amount in error must be reflected as a credit or debit on
subsequent invoices until the amount is paid or refunded. Any remaining
balance at the end of this Contract must be paid or refunded within 45
calendar days.
This Section applies to Contractor, any parent, affiliate, or subsidiary
organization of Contractor, and any subcontractor that performs Contract
Activities in connection with this Contract.
4.37 Warranties and Representations
Contractor represents and warrants:
a. Contractor is the owner or licensee of any Contract Activities that it
licenses, sells, or develops and Contractor has the rights necessary to
convey title, ownership rights, or licensed use;
b. All Contract Activities are delivered free from any security interest, lien, or
encumbrance and will continue in that respect;
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Contract Number: MA-180000000832
c. The Contract Activities will not infringe the patent, trademark, copyright,
trade secret, or other proprietary rights of any third party;
d. Contractor must assign or otherwise transfer to MDHHS or its designee
any manufacturer's warranty for the Contract Activities;
e. The Contract Activities are merchantable and fit for the specific purposes
identified in this Contract;
f. The Contract signatory has the authority to enter into this Contract;
g. All information furnished by Contractor in connection with this Contract
fairly and accurately represents Contractor's business, properties,
finances, and operations as of the dates covered by the information, and
Contractor will inform MDHHS of any material adverse changes;
h. All information furnished and representations made in connection with the
award of this Contract is true, accurate, and complete, and contains no
false statements or omits any fact that would make the information
misleading and that;
i. Contractor is neither currently engaged in nor will engage in the boycott of
a person based in or doing business with a strategic partner as described
in 22 USC 8601 to 8606
A breach of this Section is considered a material breach of this Contract,
which entitles MDHHS to terminate this Contract under Section 4.23,
Termination for Cause.
4.38 Conflicts and Ethics
Contractor will uphold high ethical standards and is prohibited from:
a. Holding or acquiring an interest that would conflict with this Contract;
b. Doing anything that creates an appearance of impropriety with respect to
the award or performance of this Contract;
c. Attempting to influence or appearing to influence any State employee by
the direct or indirect offer of anything of value; or
d. Paying or agreeing to pay any person, other than employees and
consultants working for Contractor, any consideration contingent upon the
award of this Contract.
Contractor must immediately notify MDHHS of any violation or potential
violation of these standards. This Section applies to Contractor, any parent,
affiliate, or subsidiary organization of Contractor, and any subcontractor that
performs Contract Activities in connection with this Contract.
4.39 Compliance with Laws
Contractor must comply with all federal, state and local laws, rules and
regulations.
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4.40 Reserved
4.41 Reserved
4.42 Nondiscrimination
Under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et
seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL
37.1101, et seq., Contractor and its subcontractors agree not to discriminate
against an employee or applicant for employment with respect to hire, tenure,
terms, conditions, or privileges of employment, or a matter directly or
indirectly related to employment, because of race, color, religion, national
origin, age, sex, height, weight, marital status, or mental or physical disability.
Breach of this covenant is a material breach of this Contract.
4.43 Unfair Labor Practice
Under MCL 423.324, MDHHS may void any Contract with a Contractor or
subcontractor who appears on the Unfair Labor Practice register compiled
under MCL 423.322.
4.44 Governing Law
This Contract is governed, construed, and enforced in accordance with
Michigan law, excluding choice-of-law principles, and all claims relating to or
arising out of this Contract are governed by Michigan law, excluding choice-
of-law principles. Any dispute arising from this Contract must be resolved in
Michigan Court of Claims. Contractor consents to venue in Ingham County,
and waives any objections, such as lack of personal jurisdiction or forum non
conveniens. Contractor must appoint agents in Michigan to receive service
of process.
4.45 Non-Exclusivity
Nothing contained in this Contract is intended nor will be construed as
creating any requirements contract with Contractor. This Contract does not
restrict the State or its agencies from acquiring similar, equal, or like Contract
Activities from other sources.
4.46 Force Maieure
Neither party will be in breach of this Contract because of any failure arising
from any disaster or acts of god that are beyond their control and without
their fault or negligence. Each party will use commercially reasonable efforts
to resume performance. Contractor will not be relieved of a breach or delay
caused by its subcontractors. If immediate performance is necessary to
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ensure public health and safety, MDHHS may immediately contract with a
third party.
4.47 Dispute Resolution
The parties will endeavor to resolve any Contract dispute in accordance with
this provision. The parties must submit the dispute to a senior executive if
unable to resolve the dispute within 15 business days. The parties will
continue performing while a dispute is being resolved, unless the dispute
precludes performance. A dispute involving payment does not preclude
performance.
Litigation to resolve the dispute will not be instituted until after the dispute
has been elevated to the parties' senior executive and either concludes that
resolution is unlikely, or fails to respond within 15 business days. The parties
are not prohibited from instituting formal proceedings: (a) to avoid the
expiration of statute of limitations period; (b) to preserve a superior position
with respect to creditors; or (c) where a party makes a determination that a
temporary restraining order or other injunctive relief is the only adequate
remedy. This Section does not limit MDHHS's right to terminate this
Contract.
4.48 Media Releases
News releases (including promotional literature and commercial
advertisements) pertaining to the Contract or project to which it relates must
not be made without prior written MDHHS approval, and then only in
accordance with the explicit written instructions of MDHHS.
4.49 Website Incorporation
MDHHS is not bound by any content on Contractor's website unless
expressly incorporated directly into this Contract.
4.50 Entire Contract
This Contract is the entire Contract of the parties related to the Contract
Activities. This Contract supersedes and replaces all previous
understandings and Contracts between the parties for the Contract Activities.
4.51 Severabilitv
If any part of this Contract is held invalid or unenforceable, by any court of
competent jurisdiction, that part will be deemed deleted from this Contract
and the severed part will be replaced by agreed upon language that achieves
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the same or similar objectives. The remaining Contract will continue in full
force and effect.
4.52 Waiver
Failure to enforce any provision of this Contract will not constitute a waiver.
4.53 Survival
The provisions of this Contract that impose continuing obligations, including
warranties and representations, termination, transition, insurance coverage,
indemnification, and confidentiality, will survive the expiration or termination
of this Contract.
4.54 Contract Modification
This Contract may not be amended except by signed Contract between the
parties. Notwithstanding the foregoing, no subsequent Statement of Work or
amendment executed after the effective date will be construed to amend this
Contract unless it specifically states its intent to do so and cites the section or
sections amended.
The Contractor shall, upon request of MDHHS and receipt of a proposed
amendment, amend this Contract, if and when required in the opinion of
MDHHS and Contractor, due to the revision of federal or state laws or
reg u lations.
4.55 Reserved
4.56 Certification Regarding Debarment, Suspension, and Other Responsibility
Matters
• Assurance is hereby given to MDHHS that the Contractor will comply with
Federal Regulation, 2 CFR part 180 and certifies to the best of its knowledge and
belief that it, its employees and its subcontractors:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of federal benefits by a state or federal court,
or voluntarily excluded from covered transactions by any federal or state
department or agency;
b. Have not within a three-year period preceding this Contract been convicted of
or had civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
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of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in section 2, and;
d. Have not within a three-year period preceding this Contract had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the parties are unable to certify to any of the statements in this
certification, the Contractor shall attach an explanation to this Contract.
The Contractor certifies to the best of its knowledge that within the past three
years, the Contractor has not;
a. Failed to substantially perform a state contract, Contract, or subcontract
according to its terms, conditions, and specifications within specified time
limits.
b. Refused to provide information or documents required by a contract or
Contract including, but not limited to information or documents necessary for
monitoring contract performance.
c. Failed to respond to requests for information regarding contract or Contract
compliance, or accumulated repeated substantiated complaints regarding
performance of a contract or Contract.
d. Failed to perform a state contract, Contract, or subcontract in a manner
consistent with any applicable state or federal law, rule, regulation, order, or
decree.
The Contractor shall include Section 4.56 (Certification Regarding Debarment,
Suspension, and Other Responsibility Matters) language as written above in all
subcontracts with other parties.
The Contractor shall require each primary subcontractor, whose subcontract will
exceed $25,000, to disclose to the Contractor, in writing, whether at the time of
the award of the subcontract, the subcontractor, or its principals, is or is not
debarred, suspended, or proposed for debarment by the state of Michigan. The
Contractor shall then inform MDHHS of the subcontractor's status and reasons
for the Contractor's decision to use such subcontractor, if the Contractor so
decides.
If it is determined that the Contractor knowingly rendered an erroneous
certification under this provision, in addition to the other remedies available to the
state, MDHHS may immediately terminate this Contract.
If the state finds that grounds to debar exist, it shall send notice to the Contractor
of proposed debarment indicating the grounds for proposed debarment and the
procedures for requesting a hearing. If the Contractor does not respond with a
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written request for a hearing within 20 calendar days, the state shall issue the
decision to debar without a hearing. The debarment period may be of any length
up to eight years.
5. ADDENDUM FEDERAL PROVISIONS
The provisions in this addendum may apply if the purchase will be paid for in whole
or in part with funds obtained from the federal government. If any provision below
is not required by federal law for this Contract, then it does not apply and must be
disregarded. If any provision below is required to be included in this Contract by
federal law, then the applicable provision applies and the language is not
negotiable. If any provision below conflicts with the State's terms and conditions,
including any attachments, schedules, or exhibits to the State's Contract, the
provisions below take priority to the extent a provision is required by federal law;
otherwise, the order of precedence set forth in the Contract applies. Flyperlinks
are provided for convenience only; broken hyperlinks will not relieve Contractor
from compliance with the law.
A. Federally Assisted Construction Contracts
If this contract is a "federally assisted construction contract" as defined in 41 CRF
Part 60-1.3, and except as otherwise may be provided under 41 CRF Part 60, then
during performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be 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. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
PAGE 51 of 55
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applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
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B. Davis-Bacon Act (Prevailing Wage)
If applicable, the Contractor (and its subcontractors) for prime construction contracts
in excess of $2,000 must comply with the Davis-Bacon Act (40 USC 3141-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction").
C. Copeland "Anti-Kickback" Act
If applicable, the Contractor must comply with the Copeland "Anti-Kickback" Act (40
USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"), which prohibits the Contractor
and subrecipients from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled.
D. Contract Work Hours and Safety Standards Act
If the Contract is in excess of $100,000 and involves the employment of mechanics
or laborers, the Contractor must comply with 40 USC 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5), as applicable.
E. Rights to Inventions Made Under a Contract or Agreement
If the Contract is funded by a federal "funding agreement" as defined under 37 CFR
§401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment
or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
F. Clean Air Act
If this Contract is in excess of $150,000, the Contractor must comply with ail applicable
standards, orders, and regulations issued under the Clean Air Act (42 USC 7401-
7671q) and the Federal Water Pollution Control Act (33 USC 1251-1387). Violations
must be reported to the federal awarding agency and the regional office of the
Environmental Protection Agency.
G. Debarment and Suspension
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A "contract award" (see 2 CFR 180.220) must not be made to parties listed on the
government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
H. Byrd Anti-Lobbying Amendment
If this Contract exceeds $100,000, bidders and the Contractor must file the certification
required under 31 USC 1352.
I. Procurement of Recovered Materials
Under 2 CFR 200.322, a non-Federal entity that is a state agency or agency of a
political subdivision of a state and its contractors must comply with section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that
contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
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Attachment A: Glossary of Acronyms and Forms
ABPN:
AWOLP:
BBI:
DCWL:
CANS:
FOM:
GED:
IEP:
IETP:
LGAL:
MiSACVVIS:
PAFC:
RPU:
American Board of Psychiatry and Neurology
Absent Without Legal Permission
Building Bridges Initiative
Division of Child Welfare Licensing
Child Assessment of Needs and Strengths
Foster Care Online Manual
General Education Development
Individualized Education Plan
Individual Education Program Team
Legal Guardian ad Litem
Statewide Automated Child Welfare Information System
Placing Agency Foster Care
Regional Placement Unit
DHS-815-Non MDHHS: Staff Profile Security Contract
DHS-65: Children's Foster Care Initial Service Plan
DHS-66:
DHS-69:
DHS-221:
DHS-365:
DHS-366:
DHS-626-YA:
OHS-1643:
DHS-2840:
DlS-3307:
DHS-3377:
DHS-3600:
Updated Service Plan
Foster Care Juvenile Justice Action Summary
Medical Passport
Residential Initial Treatment Plan
Residential Updated Treatment Plan
Foster Care Payment Authorization
Psychotropic Medication Consent
Prescription Information Form
Initial Placement Outline and Information Record
Clothing Inventory Checklist
Individual Service Contract
PAGE 55 of 55
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FISCAL NOTE (MISC. #18324)
September 27, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/ CHILDREN'S VILLAGE DIVISION —
INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE MICHIGAN DEPARTMENT OF
HEALTH AND HUMAN SERVICES FOR THE PROVISION OF SHELTER RESIDENTIAL FOSTER
CARE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. Resolution approves the Interlocal Agreement between Oakland County and the Michigan
Department of Health and Human Services for shelter care services for neglected and abused
youth,
2. Oakland County Children's Village will be reimbursed in accordance with the established
Michigan Department of Health and Human Services per diem rate of $359.13.
3. The agreement period is from October 1, 2018 through September 30, 2021 with the provision of
a two-year contract extension.
4. No budget amendment is required.
Commissioner Thornas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with KowaII absent.
0/1/4V, 3
Resolution #18324 September 27, 2018
Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
1 HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 27,
2018, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 27th day of September, 2018.
Lisa Brown, Oakland County