HomeMy WebLinkAboutReports - 2023.09.14 - 40526
AGENDA ITEM: Approval of the Michigan Department of Health and Human Services - FY 2024
Children's Village Shelter Care
DEPARTMENT: Public Services - Children's Village
MEETING: Board of Commissioners
DATE: Thursday, September 14, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3270
Motion to approve the attached Interlocal Agreement between Oakland County and the Michigan
Department of Health and Human Services effective October 1, 2023, to September 30, 2026 and
authorize the Chair of the Board of Commissioners to execute the agreement.
ITEM CATEGORY SPONSORED BY
Contract Penny Luebs
INTRODUCTION AND BACKGROUND
The Oakland County Children’s Village provides shelter care services for neglected and abused
youths. The Michigan Department of Health and Human Services (MDHHS) requires a contract in
order for Oakland County Children’s Village to receive reimbursement for shelter care services
provided to abused and neglected youths placed in shelter care. The MDHHS has issued a new
contract, effective October 1, 2023, to September 30, 2026, with the option to extend for two years.
The MDHHS will continue the per diem rate of $853.72. Corporation Counsel and Risk
Management have reviewed and approved the contract.
POLICY ANALYSIS
A budget amendment is not required at this time.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Heather Calcaterra, Manager Children's Village
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 9/14/2023
AGENDA DEADLINE: 09/14/2023 6:00 PM
ATTACHMENTS
1. E. MA230000001090.pdf FINAL 8-29-23
COMMITTEE TRACKING
2023-09-05 Public Health & Safety - Recommend to Board
2023-09-14 Full Board - Adopt
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Christine Long
Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Brendan Johnson, Gary McGillivray, Michael Gingell (3)
Passed
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:MA230000001090
Between
MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES
And
CONTRACTOR PRIMARY CONTACT EMAIL
County of Oakland, A Michigan Constitutional Corp.Heather Calcaterra CalcaterraH@OakGov.com
CONTRACTOR ADDRESS TELEPHONE
1200 N Telegraph Rd., Bldg. 34E., Pontiac, MI 48341 248-858-1164
STATE CONTACT NAME TELEPHONE EMAIL
Contract Administrator Renee Gonzales 517-249-0111 gonzalesr@Michigan.gov
BGP Analyst Bonnie Fineis 517-335-0932 fineisb@Michigan.gov
CONTRACT SUMMARY
SERVICE DESCRIPTION Shelter Foster Care (SHFC)
GEOGRAPHIC AREA Statewide
INITIAL TERM EFFECTIVE DATE*EXPIRATION DATE AVAILABLE OPTION YEARS
3 years October 1, 2023 September 30, 2026 2
MISCELLANEOUS INFORMATION
ESTIMATED CONTRACT VALUE AT TIME OF EXECUTION $10,000,000.00
CONTRACT TYPE Per Diem
*The effective date of this Contract will 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. The
Contractor’s signature certifies that the Contractor is not an Iran linked business as defined in MCL 129.312.
FOR THE CONTRACTOR:FOR THE STATE:
County of Oakland, A Michigan Constitutional Corp.
MICHIGAN DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Contractor
Signature of Director or Authorized Designee Signature of Director or Authorized Designee
Print Name Print Name
Date Date
Contract Number:MA230000001090
PAGE 2 of 62
Rev. 10-2023
Anticipated Total Contract Value: $10,000,000.00
This Contract will be in effect from the date of Michigan Department of Health and Human
Services (MDHHS) signature through September 30, 2026. No service will be provided and no
costs to the state will be incurred before October 1, 2023, or the effective date of the Contract,
whichever is later. Throughout this Contract, the date of MDHHS signature or October 1, 2023,
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 who 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) or the Comprehensive Child Welfare Information System (CCWIS).
1.2 Referrals
a. Referrals
1). MDHHS shall be responsible for determination of client eligibility for funding.
2). The Regional Placement Unit (RPU) shall provide to the Contractor referral
material which complies with this Contract. Emergency placements may occur
during non-business hours ONLY with the approval of Business Service
Center (BSC) 5 Deputy Director or the RPU Director.
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Rev. 10-2023
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 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 (DHS-3600). In event of an emergency placement, the DHS-
3600 shall be fully executed no later than the first business 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 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.
6) Copies of all psychological/psychiatric reports, evaluations, assessments,
medication monitoring visits related to mental health care.
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Rev. 10-2023
7) Child’s behavioral history including incidences of aggression, prior
hospitalizations, etc.
8) Trauma assessments.
9) 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.
10)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.
11)Copy of the Child Protective Services Transfer Summary as specified in the
FOM 722-01.
12)Educational reports, when available.
13)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/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.
c. Be in the process of stepping down from hospitalization.
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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 must accept all children referred by the Department when a
placement bed is available 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
RPU. The Contractor may request an objection to a referral, and provide
circumstances for the placement objection, but the final decision for placement will
rest with the RPU. The Contractor must provide a detailed explanation to the RPU
if safety or appropriate concerns exist that prevents the Contractor from admitting
the youth.
If the Contractor rejects or ejects any agreed upon placement by RPU, the
Contractor will forego the guaranteed bed payment for the month they reject or
eject any youth placement requests when their census is eight or less.
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 business day following placement.
b. The primary caseworker/agency shall have weekly contact (phone, e-mail or face-
to-face) with the Contractor to provide status updates regarding achievement of
the discharge plan.
c. The primary caseworker/agency shall review and approve or request modification
of the Contractor's initial and updated case plans submitted by the Contractor.
d. The primary caseworker/agency 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.
e. The primary caseworker/agency shall assure that the child has a basic wardrobe,
as defined, and documented by the DHS-3377 upon entering the Contractor's
care.
f. The 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.
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g. The primary caseworker/agency 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
(FOM-722-06H, Caseworker Contacts). The Contractor shall allow the primary
caseworker/agency provider responsible for placement to meet in private with the
child during a portion of each visit.
h. The Contractor shall allow the assigned primary caseworker/agency, or another
staff designated by the primary caseworker/agency to visit the child face-to-face
upon request and shall provide a place for them to meet privately, if requested.
i. If the primary caseworker/agency 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 Business Service Center (BSC) Director.
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.
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.
Contact email address: CalcaterraH@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. Whitmer, et al., 2:06-cv-13548,
herein referred to as the Modified Implementation, Sustainability, and Exit Plan
(MISEP).
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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 Division of Child Welfare Licensing (DCWL) is the licensing agency for
Child Caring Institutions (CCI). 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 period,
shall there be more than ten 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 children (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):
1200 N. Telegraph, Pontiac, MI 48341
2.6 Program Name, Statement and Focus
Program Name: Mandy's Place
a. The focus of the shelter program is to:
1) Provide a safe residential environment for children who have been removed
from their home and do not otherwise have an appropriate family foster care
placement available.
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b. This program is available for thirty days or less unless an exception is made
in writing by the MDHHS 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.
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
the term of this Contract and provide copies of the new statement to
MDHHS.
2.7 Provider Numbers
MiSACWIS/CCWIS Provider Number: 10400607
Bridges Provider Number: 6358407
2.8 Credentials
The Contractor shall ensure 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.
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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 internet link:
https://ars.apps.lara.state.mi.us/AdminCode/DeptBureauAdminCode?Depar
tment=Health%20and%20Human%20Services&Bureau=All
c. The Michigan Department of Health and Human Services will not discriminate
against any individual or group because of race, sex, religion, age, national
origin, color, height, weight, marital status, gender identification or
expression, sexual orientation, partisan considerations, or a disability or
genetic information that is unrelated to a beneficiary’s eligibility or a person’s
ability to perform the duties of a particular job. The statement is supported by
MDHHS policy bulletins APB 2020-013/APB 2020-20, Elliott-Larsen Civil
Rights Act (ELCRA) and Executive Directive 2019-09. The policy and
directive highlight staff and affiliates expectation of being proactive in
identifying and eliminating barriers to our customers specific needs, ensuring
there is no inequitable impact on any individual or group, so we may all
achieve our highest potential.
The above statement applies to all MDHHS supervised children, and to all
licensed and unlicensed caregivers and families and/or relatives that could
potentially provide care or are currently providing care for MDHHS supervised
children, including MDHHS supervised children receiving services in a MDHHS
contracted residential program.
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 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 and 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.
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The Contractor acknowledges that it has waived any legal protections under
MCL 722.124e, MCL 722.124f, and/or MCL 710.23g to decline to provide any
services that conflict with, or under circumstances that conflict with, the child
placing agency’s sincerely held religious beliefs unless those beliefs are
contained in a written policy, statement of faith, or other document adhered to
by the child placing agency.
f. The Contractor shall ensure compliance with all applicable provisions and
requirements of the Dwayne B. v. Whitmer, et al., 2:06-cv-13548, Modified
Implementation, Sustainability, and Exit Plan (MISEP).
g. A lack of MDHHS conducting contract performance monitoring and evaluation or
failure of MDHHS to bring to the attention of the Contractor, a lack of compliance
in fulfilling its obligations under this Contract, does not relieve the Contractor from
its past, current, or future obligations, nor penalty for failure to comply with this
contract.
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.
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)
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14) 2017 Public Acts 246 through 255, Michigan Opioid Laws
15) The Michigan Indian Family Preservation Act (MFPA), 2012 PA 565.
16) Rehabilitation Act of 1973, Section 504 Protecting Students with
Disabilities
17) Free Appropriate Public Education (FAPE) as per the Rehabilitation Act
of 1973
18) Individuals with Disabilities Act (IDEA)
2.10 Services to be Provided
Services provided under this Contract shall be trauma informed, evidence-based,
evidence-informed and based on 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;
http://www2.aap.org/commpeds/dochs/mentalhealth/KeyResources.html
•SAMHSA’s National Registry of Evidence-based Programs and Practices;
www.samhsa.gov/ebp-resource-center
•California Evidence-Based Clearinghouse for Child Welfare;
http://www.cebc4cw.org
•The National Child Traumatic Stress Network; www.NCTSN.org
•American Academy of Child and Adolescent Psychiatry (AACAP);
www.aacap.org.
•Washington State Institute for Public Policy;
http://www.wsipp.wa.gov/BenefitCost?topicId=1
The Contractor must incorporate normalcy activities into residential programing such
as activities that a child(ren)/family in a community setting would have the ability to
participate in. These activities must comply with the Reasonable and Prudent Parent
Standard to help child(ren) and families develop skills essential for positive
development.
The Reasonable and Prudent Parent Standard is characterized by careful and
sensible parental decisions that maintain a child(ren)’s health, safety, and best
interests while at the same time encouraging the child(ren)’s emotional and
developmental growth. The contractor must use the standard when determining
whether to allow a child(ren) in foster care including those participating in residential
intervention to participate in extracurricular, enrichment, cultural, and social activities.
The Contractor must reference DHS-5331 to assist in determining the appropriate
level of approval for such activities.
a. Residential Care
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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
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) or Child and Adolescent
Needs and Strengths (CANS), or Child and Adolescent Functional
Assessment Scale (CAFAS), and
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/CANS/CAFAS, and Casey Life Skills Assessment/Daniel
Memorial Assessment, and shall be documented in the child’s assessment.
c. Referral and Intake Process
1) Referral Packet
At the time of referral, RPU/Case Worker 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 RPU upon receipt of
a referral. The 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 business day following placement.
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3) Intake
a) The Contractor and the assigned primary caseworker/agency 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 within 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 comprehensive 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. Identify long-term service needs for the youth and document them in
the treatment plan.
iv. The specific services to be provided by the contractor and other
resources to meet the identified needs.
v. Goals, outcomes, and timeframes for achievement
vi. Placement recommendation
vii. Barriers to achievement of the recommended placement and plans
to eliminate barriers.
d) The Contractor shall develop an assessment-based plan within 15
calendar days of placement, and every 15 calendar days thereafter.
e) The service plans shall include:
i. Placement recommendation.
ii. Barriers to achievement of the recommended placement and plans
to eliminate barriers.
iii. Identified long-term service needs.
iv. The Contractor must submit the service plans, treatment plans, and
any assessments that were completed for that reporting period, to the
primary caseworker.
v. 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:
a) A psychiatric history, as necessary
b) Social history
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c) A mental status examination
d) A trauma assessment
e) Intelligence and projective tests, if necessary
f) A behavioral appraisal
g) Family, environmental, cultural, and religious or spiritual
preferences
h) Behaviors that necessitated a more restrictive placement setting
for the child
i) Reviewing previous psychotherapeutic and psychiatric
assessments and treatment
j) An updated assessment of the child’s specific needs & diagnosis.
k) Placement recommendations
l) Recommended service to meet the child’s identified needs.
d. Staffing
The Contractor must provide sufficient staff who are trained to provide and
consistently demonstrate effective child(ren) engagement that encourages
child(ren) to be empowered, educated, and given a decision-making role in the
care of their own lives while creating a safe environment to adequately fulfill the
terms of this Contract.
1) Diversity, Equity and Inclusion
The Contractor will recruit and employ a diverse staff reflective of the
Contractor’s client population.
2) Child Care Services
Childcare 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 assure the availability of on-call
Contractor support staff or contracted staff for emergency assistance within 10
minutes of identified need.
3) Staff Education and Experience Qualifications:
a) All program staff must possess the minimum qualifications prior to working
with the child(ren) outlined in Child Caring Institution Administrative Rules
and FOM 912.
b) Therapy services shall be provided by one of the following:
i. Licensed Master's Level Social Worker.
ii. Licensed Master's Level Counselor.
iii. Limited License Master's Level Psychologist.
iv. Licensed Psychologist, PhD.
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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. Licensed Psychologist, PhD, or Psychiatrist.
vii. Psychiatrist trained to work with child(ren) 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 in addition to training, experience and a conceptual approach
to child(ren) and families consistent with the intent of this contracted
service.
4) Staff Training Requirements
The Contractor must choose a training practice model that fully operationalizes
the values of family-driven, youth-guided, trauma-informed, permanency,
strong involvement with the home communities, and culturally and
linguistically competent care.
The training model must have an urgent focus on permanency practices and
engaging and working with families in their homes and communities towards
successful and sustained reunification.
The Contractor must provide 50 hours of training during a new hire’s first year
of employment.
The Contractor must provide a minimum of 40 hours within the first 30 calendar
days of employment. Sixteen of the 40 hours must occur prior to direct care
staff having contact with children. The remaining hours must be completed
prior to the end of the first year of employment.
a) Orientation must include topics identified in R400.4128, as well as the Child
Protection Law, Mandated Reporting Requirements, Family/Child/Youth
Engagement, interpersonal-communication, appropriate discipline, crisis
intervention, effects of trauma, secondary trauma, MiTEAM Case Practice
Model Overview, youth handling and de-escalation techniques and basic
group dynamics.
b) A minimum of 25 hours per year of staff development training must be
provided to direct care staff following the first year of employment.
c) All program staff must be provided with training on the topic of engaging
youth and family to ensure ongoing development and support of
knowledge and skills in this area. This does not have to be accomplished
solely through traditional classroom or online training methods.
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d) All program staff must be provided with trauma-focused program training
to maintain a trauma-informed milieu and treatment environment. Trauma-
focused programming must be based on an evidence-based, evidence-
informed, or promising practice treatment model.
e) Based on the assessment of a staff persons identified training needs,
annual training topics must be selected from, but not limited to, the areas
identified in licensing rule R400.4128 and FOM 912
f) All program staff must be trained to serve as a role model to the
child(ren) for appropriate social skills, prioritizing needs, negotiation
skills, accessing local resources, hygiene and grooming preparation,
food preparation and anger management.
5) Staffing Ratio
The Contractor shall:
a) Provide a minimum of one on-duty direct childcare staff for every two
children during waking hours. The Contractor is not required to provide the
identified staffing ratio during school hours.
b) Maintain a minimum of one on-duty direct childcare staff for every eight
children during sleeping hours. All the 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 on agency letterhead and emailed to the DHHS
Local Office and DCWL Analyst. The emailed request must be secured
and encrypted to protect the child’s personal information.
e. Reporting
The Contractor shall develop and submit to RPU and the primary
caseworker/agency 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
Contractor’s license specified in Section 2.4 of this Contract. The Contractor shall
submit all RPU items to MDHHS-Regional-Placement-Unit@michigan.gov.
The Contractor shall submit the preliminary assessment to RPU at the MDHHS-
Regional-Placement-Unit@michigan.gov and the responsible primary
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caseworker/agency within 14 calendar days of placement and any applicable
updates every 7 days thereafter.
The Contractor shall provide the RPU with a current census and bed availability
report to MDHHS-Regional-Placement-Unit@michigan.gov daily.
f. Restraint and Seclusion
The use of Positive Peer Culture, peer-on-peer restraint or any form of
corporal punishment is prohibited by the Contractor. The Contractor shall
promote cultures of care that are family-driven, youth-guided, trauma
informed and responsive, and culturally and linguistically competent.
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/CCWIS 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) Long-term clinical service needs identified through assessments for the youth.
4) Transfer of information (e.g., medical records, mental health records, etc.).
5) 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 and RPU responsible for
placement.
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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 responsible for placement, the family, and the child to identify
members of the child’s team for ongoing participation in case planning Family
Team Meetings facilitated by primary caseworker/agency. 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 15 days from admission. The Contractor and child(ren) shall participate in
quarterly Case Planning Family Team Meetings facilitated by the assigned
primary caseworker/agency, and align Contractor developed quarterly case plans
with Family Team Meeting/Parent Agency Treatment plans.
For child(ren) 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 child(ren) 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 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 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/recommendations to the primary caseworker/agency for
review three business days prior to the court hearing.
j. Absent Without Legal Permission
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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:
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 and RPU
responsible for placement of the child's AWOLP status.
The Contractor and primary caseworker/agency are expected to discuss the
factors that led to the child(ren) leaving placement, the plan to alleviate these
factors, and the activities of the child(ren) while AWOLP, including if the child(ren)
was a victim of trafficking so that appropriate services and treatment can be
implemented. It is imperative that the Contractor and primary caseworker/agency
communicate regarding any service needs subsequent to an AWOLP child(ren)
being trafficked consistent with SRM 300 Human Trafficking of Children and the
MDHHS Human Trafficking of Children Protocol.
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.
l. 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.
Services must include weekly individual therapy supplemented with group therapy
and psychiatric services as needed.
The Contractor shall provide psychiatric services as needed and determined by
the child’s treatment plan.
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The Contractor shall facilitate continuation of mental and/or behavioral services
the child is participating in at the time of admission through telehealth or other
methods whenever possible.
The Contractor must take the following actions if a youth has attempted
suicide or has known suicidal ideation:
1) A conversation between the program nurse, clinical staff and prescribing
clinician must occur within 24 hours if a youth has attempted suicide or
has expressed active suicidal ideation. The conversation shall include
discussion about the youth’s diagnosis, current status, ongoing safety
planning and need for changes in treatment or further evaluation for
psychiatric hospitalization.
2) The youth must be seen at the next scheduled clinic time if they are not
admitted for inpatient care.
3) If the youth is admitted for inpatient psychiatric care, the youth must be
seen within seven business days of inpatient psychiatric services
discharge.
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 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 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 to resolve
transportation barriers.
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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 722-06I,
Maintaining Connections Through Visitation and Contact.
4) Actively facilitate and supervise parental visits as outlined in the FOM 722-06I,
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) Arrange 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.
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 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 Modified Implementation,
Sustainability, and Exit Plan.
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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.
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. Tutorial services must not be a substitute
for special education and related services.
7) Provide advocacy and service planning for children that are expelled or
suspended including actively engaging the youth’s family in the advocacy and
planning process.
8) Follow 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)Whenever possible, maintain enrollment in the child(ren)’s school of origin.
11)Forward the above education reports to the primary caseworker/agency and
RPU within five (5) working days of completion.
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 MDHHS 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 to facilitate maintenance of the Medical Passport (DHS-221).
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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 and RPU within five (5) working days of
completion.
6) Coordination with the primary caseworker/agency 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 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 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
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During the contract period, the Contractor will be responsible for tracking
performance objectives using the CCI Dashboard. In addition to the performance
objectives below, other performance objectives may be developed by MDHHS in
collaboration with the Contactor.
Performance Objectives for contract compliance:
a. Substantiated allegations of maltreatment by staff of the provider.
b. Use of restraints and seclusion.
2.12 Audit Requirements
Contractor/Vendor 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, ongoing 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 available
at http://www.michigan.gov/mdhhs by selecting Inside MDHHS menu, then
MDHHS Audit, then Audit Reporting.
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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 December 15 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 submitted electronically to MDHHS-Foster-Care-
Audits@michigan.gov with the subject line to include the Cost Report Fiscal Year and
the Contractors License Number.
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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/CCWIS
The Contractor shall ensure that residential payment staff has access to the Michigan
MiSACWIS or CCWIS through a web-based interface, henceforth referred to as the
“MiSACWIS/CCWIS application.” Requirements for MiSACWIS/CCWIS for CCI
contracts may be found at http://www.michigan.gov/mdhhs/0,5885,7-339-
71551_7199---,00.html
2.17.Billing
The Contractor must bill MDHHS in accordance with Schedule B Pricing Matrix
for Filled Beds and Guaranteed Beds.
a. Filled Bed Procedure
Filled Beds are the number of contracted beds in which a youth is placed. The
Contractor shall submit through the MiSACWIS/CCWIS system the bi-weekly
roster for any child in the Contractors care per the instructions within the
MiSACWIS/CCWIS 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.
b. Guaranteed Bed Procedure
Guaranteed Beds are the number of contracted beds guaranteed for MDHHS use
which do not result in placement. All invoices submitted to MDHHS must include
a spreadsheet identifying the following:
1) Date
2) Contract number
3) Delivery Order number
4) Number of contracted shelter beds
5) Total number of placements days for the month
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6) Total number of unfilled shelter beds for the month
7) Number of eject/rejects NOT agreed upon with MDHHS
The information must be submitted electronically to: MDHHS-
FederalComplianceDivision@michigan.gov. The subject line shall read:
Guaranteed Shelter Bed Payment.
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
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 MDHHS in consultation with the Contractor, MDHHS may require the
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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.
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 MDHHS 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
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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 Children’s Services Agency (CSA)
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 Contract Evaluation and Assessment
The Contractor shall participate in an annual contract evaluation to assess contract
compliance and overall service provision. The participation shall include, but is not
limited to, the following:
a. Provide quantitative and qualitative data as requested by MDHHS.
b. Attend and engage in meetings as requested.
c. Develop and implement an Agency Focus Plan with MDHHS staff to address all
areas of non-compliance.
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 and develop an Agency Focus
Plan.
b. Achieve compliance within 60 days of receipt of MDHHS' approval of the Agency
Focus Plan (unless other time frames are agreed to in writing by MDHHS) or
MDHHS may terminate this Contract, subject to the standard contract terms.
2.23 Criminal and Children’s Protective Services Background Checks
As a condition of this Contract, the Contractor certifies that the Contractor shall, prior
to any individual performing work under this Contract, conduct or cause to be
conducted for each new employee, employee, subcontractor, subcontractor
employee or volunteer who works directly with Clients and/or children under this
Contract, or who has access to client information:
a. An Internet Criminal History Access Tool (ICHAT) check and a National and State
Sex Offender Registry check.
Information about ICHAT can be found at http://apps.michigan.gov/ichat.
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The Michigan Public Sex Offender Registry web address is
http://www.mipsor.state.mi.us.
The National Sex Offender Public Website address is http://www.nsopw.gov.
b. A Central Registry (CR) check.
Information about CR can be found at
http://www.michigan.gov/mdhhs/0,5885,7-339-73971_7119_50648_48330-
180331--,00.html
c. A Children’s Protective Services confirmed case background check.
A clearance shall be completed prior to the hiring of an individual to provide
services within this contract. Prior to hire, the Contractor shall submit a
request to clear any new employee, subcontractor, subcontractor employee
utilizing the CWL-4624 form. This form must be submitted to MDHHS-LASO-
DCWL@michigan.gov. The results of the clearance will be returned to the
Contractor.
The Contractor must have a written policy that requires employees to notify
the Contractor when the employee has a Children’s Protective Services’
investigation in which the employee was found to have a confirmed case of
child abuse or neglect, regardless of whether the employee’s name was
placed on the Central Registry. The Contractor shall notify MDHHS, in writing,
of the confirmed case within one business day.
The Contractor shall ensure the policies are implemented for the agency
pertaining to adherence to the Central Registry changes. The policies at
minimum shall include the following provisions:
1) All applicants are required to disclose CPS case history where the
applicant was found responsible for the abuse or neglect of a child
regardless of whether the case resulted in placement on CR. The
applicant must provide a written narrative describing case/s as well as
explanation of changes the individual has made to mitigate their previous
actions.
2) All employees are required to disclose CPS cases where the employee
was found responsible for the abuse or neglect of a child regardless of
whether the case resulted in placement on CR immediately but no later
than the beginning of the next business day after receiving notice. It is the
employee’s responsibility to immediately communicate this information to
their immediate supervisor and the applicable Human Resources (HR)
department. The employee must provide a written narrative describing the
case details as well as an explanation of changes the individual has made
to mitigate their previous actions.
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A staff member or unsupervised volunteer who has been confirmed by the
department as a perpetrator of abuse or neglect that does not result in a
central registry placement, shall not have contact with children until the
appropriate entity has reviewed the CPS history, in addition to the current
confirmation, and determines the staff member or unsupervised volunteer
does not pose a substantial risk to children.
d. The Contractor shall require each employee, subcontractor, subcontractor
employee or volunteer who works directly with clients or who has access to client
information, under this Contract to timely notify the Contractor in writing of
criminal convictions (felony or misdemeanor) and/or pending felony charges or
placement on the Central Registry as a perpetrator.
Additionally, the Contractor shall require each new employee, employee,
subcontractor, subcontractor employee or volunteer who works directly with
clients under this Contract or who has access to client information and who
has not resided or lived in Michigan for each of the previous ten (10) years to
sign a waiver attesting to the fact that they have never been convicted of a
felony or identified as a perpetrator, or if they have, the nature and recency of the
felony.
e. The Contractor further certifies that the Contractor shall not submit claims for
or assign to duties under this Contract, any employee, subcontractor,
subcontractor employee, or volunteer based on a determination by the
Contractor that the results of a positive ICHAT and/or a CR response or
reported criminal felony conviction or perpetrator identification make the
individual ineligible to provide the services.
f. If MDHHS determines that an individual provided services under this Contract
for any period prior to completion of the required checks as described above,
MDHHS may require repayment of that individual's salary, fringe benefits, and
all related costs of employment for the period that the required checks had not
been completed.
g. Upon request, Contractor must perform criminal and CPS background checks on
all employees and subcontractors and its employees prior to their assignment.
The scope is at the discretion of the State and documentation must be provided
as requested. Contractor is responsible for all costs associated with the requested
background checks. The State, in its sole discretion, may also perform
background checks.
2.24 Ordering
The appropriate authorizing document for the Contract will be the executed Master
Agreement.
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3. MDHHS RESPONSIBILITIES
3.1. Payment
See Attached Schedule B PRICING MATRIX for Shelter Foster Care Program
Payments.
3.2 Contract Monitoring and Compliance
MDHHS shall conduct annual and as needed contract reviews.
a. MDHHS shall provide a contract compliance report to the contractor within 60
days following the review.
b. Following the identification of the contract noncompliance, Bureau of Out of Home
Services (OOHS) will request the Contractor submit a Corrective Action Plans
(CAP) to OOHS within 15 days of receiving the written report of findings.
c. Based on the severity or repeated nature of cited violations, a recommendation
may be made by OOHS at any time to place a moratorium on new referrals 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 OOHS and the 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.
d. If a moratorium on new referrals 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.
4. STANDARD CONTRACT TERMS
4.1 Duties of Contractor
Contractor must perform the services and provide the deliverables (the
“Contract Activities”) described in Sections 1 and 2. An obligation to provide
delivery of any commodity is considered a service and is a Contract Activity.
Contractor must furnish all labor, equipment, materials, and supplies
necessary for the performance of the Contract Activities 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 the Contract; (c) provide all Contract Activities
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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 the Contract; (f) cooperate
with MDHHS, including MDHHS’s quality assurance personnel, and any third
party to achieve the objectives of the Contract; (g) return to MDHHS any State-
furnished equipment or other resources in the same condition as when
provided when no longer required for the Contract; (h) 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 the Contract; (i) comply with all State physical and IT security
policies and standards which will be made available upon request; and (j)
provide MDHHS priority in performance of the Contract except as mandated
by federal disaster response requirements. Any breach under this paragraph
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 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 Performance Guarantee
Contractor must at all times have financial resources sufficient, in the opinion
of the State, to ensure performance of the Contract and must provide proof
upon request. The State may require a performance bond (as specified in a
Statement of Work) if, in the opinion of the State, it will ensure performance of
the Contract.
4.6 Insurance Requirements
a. General Requirements. Contractor, at its sole expense, must maintain the
insurance coverage as specified herein for the duration of the Term. Minimum
limits may be satisfied by any combination of primary liability, umbrella or
excess liability, and self-insurance coverage. To the extent damages are
covered by any required insurance, Contractor waives all rights against the
State for such damages. Failure to maintain required insurance does not limit
this waiver.
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b. Qualification of Insurers. Except for self-insured coverage, all policies
must be written by an insurer with an A.M. Best rating of A- VII or higher unless
otherwise approved by DTMB Enterprise Risk Management.
c. Primary and Non-Contributory Coverage. All policies for which the State
of Michigan is required to be named as an additional insured must be on a
primary and non-contributory basis.
d. Claims-Made Coverage. If any required policies provide claims-made
coverage, Contractor must:
(1)Maintain coverage and provide evidence of coverage for at least 3
years after the later of the expiration or termination of the Contract or the
completion of all its duties under the Contract;
(2)Purchase extended reporting coverage for a minimum of 3 years
after completion of work if coverage is cancelled or not renewed, and not
replaced with another claims-made policy form with a retroactive date prior
to the Effective Date of this Contract
e. Proof of Insurance
(1)Insurance certificates showing evidence of coverage as required
herein must be submitted to the Contract Administrator within 10 days of
the contract execution date.
(2)Renewal insurance certificates must be provided on annual basis or
as otherwise commensurate with the effective dates of coverage for any
insurance required herein.
(3)Insurance certificates must be in the form of a standard ACORD
Insurance Certificate unless otherwise approved by DTMB Enterprise Risk
Management.
(4)All insurance certificates must clearly identify the Contract Number
(e.g., notated under the Description of Operations on an ACORD form).
(5)The State may require additional proofs of insurance or solvency,
including but not limited to policy declarations, policy endorsements, policy
schedules, self-insured certification/authorization, and balance sheets.
(6)In the event any required coverage is cancelled or not renewed,
Contractor must provide written notice to the Contract Administrator no later
than 5 business days following such cancellation or nonrenewal.
f. Subcontractors. Contractor is responsible for ensuring its subcontractors
carry and maintain insurance coverage.
g. Limits of Coverage & Specific Endorsements. (See Table 4.6.1 Below)
Table 4.6.1
Required Limits Additional Requirements
Commercial General Liability Insurance
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Minimum Limits:
$1,000,000 Each Occurrence
$1,000,000 Personal & Advertising
Injury
$2,000,000 General Aggregate
$2,000,000 Products/Completed
Operations
If the contractor will deal with
children, schools, or the
cognitively impaired, coverage
must not have exclusions or
limitations related to sexual abuse
and molestation liability.
Umbrella or Excess Liability Insurance
Minimum Limits:
$4,000,000 General Aggregate
Contractor must have their policy
follow form.
Automobile Liability Insurance
Minimum Limits:
$1,000,000 Per Accident
Contractor must have their policy:
(1) endorsed to add “the State of
Michigan, its departments,
divisions, agencies, offices,
commissions, officers,
employees, and agents” as
additional insureds; and (2)
include Hired and Non-Owned
Automobile coverage.
Workers’ Compensation Insurance
Minimum Limits:
Coverage according to applicable
laws governing work activities.
Waiver of subrogation, except
where waiver is prohibited by law.
Employers Liability Insurance
Minimum Limits:
$500,000 Each Accident
$500,000 Each Employee by
Disease
$500,000 Aggregate Disease.
Privacy and Security Liability (Cyber Liability) Insurance
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Minimum Limits:
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
Contractor must have their policy
cover information security and
privacy liability, privacy
notification costs, regulatory
defense and penalties, and
website media content liability.
Professional Liability (Errors and Omissions) Insurance
Minimum Limits:
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
h. Non-Waiver. This Section 6 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 Contract, including any provisions hereof requiring
Contractor to indemnify, defend and hold harmless the State.
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 agreement 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 Relationship of the Parties
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The relationship between the parties is that of independent contractors.
Contractor, its employees, and 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. Neither party has authority to contract for nor bind the other party
in any manner whatsoever.
4.10 Intellectual Property Rights
If Sections 1 and 2 (the “Contract Activities”) require Contractor to create any
intellectual property, Contractor hereby acknowledges that the State is and will
be the sole and exclusive owner of all right, title, and interest in the Contract
Activities and all associated intellectual property rights, if any. Such Contract
Activities are works made for hire as defined in Section 101 of the Copyright
Act of 1976. To the extent any Contract Activities and related intellectual
property do not qualify as works made for hire under the Copyright Act,
Contractor will, and hereby does, immediately on its creation, assign, transfer
and otherwise convey to the State, irrevocably and in perpetuity, throughout
the universe, all right, title and interest in and to the Contract Activities,
including all intellectual property rights therein.
4.11 Subcontracting
Contractor may not delegate any of its obligations under the Contract without
the prior written approval of MDHHS. Contractor must notify MDHHS at least
90 calendar days before the proposed delegation and provide MDHHS any
information it requests to determine whether the delegation is in its best
interest. If approved, Contractor must: (a) be the sole point of contact regarding
all contractual matters, including payment and charges for all Contract
Activities; (b) make all payments to the subcontractor; and (c) incorporate the
terms and conditions contained in this Contract in any subcontract with a
subcontractor. 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. MDHHS, in its sole discretion, may require
the replacement of any subcontractor.
4.12 Staffing
MDHHS’s Contract Administrator may require Contractor to remove or
reassign personnel providing services by providing a notice to Contractor.
4.13 Reserved
4.14 Assignment
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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 the Contract to a
third party is necessary, Contractor will agree to the novation and provide all
necessary documentation and signatures.
4.15 Change of Control
Contractor will notify MDHHS, within 30 days of any public announcement or
otherwise once legally permitted to do so, of a change in Contractor’s
organizational structure or ownership. For purposes of this Contract, a change
in control means any of the following: (a) a sale of more than 50% of
Contractor’s stock; (b) a sale of substantially all of Contractor’s assets; (c) a
change in a majority of Contractor’s board members; (d) consummation of a
merger or consolidation of Contractor with any other entity; (e) a change in
ownership through a transaction or series of transactions; (f) or the board (or
the stockholders) approves a plan of complete liquidation. A change of control
does not include any consolidation or merger effected exclusively to change
the domicile of Contractor, or any transaction or series of transactions
principally for bona fide equity financing purposes.
In the event of a change of control, Contractor must require the successor to
assume this Contract and all of its obligations under this Contract.
4.16 Ordering
Contractor is not authorized to begin performance until receipt of authorization
as identified in a Statement of Work.
4.17 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 4.24, Termination for Cause.
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-
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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 the 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.
4.18 Reserved
4.19 Reserved
4.20 Reserved
4.21 Invoices and 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 provided 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 MDHHS’s exclusive use.
Notwithstanding the foregoing, all fees are exclusive 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, 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.michigan.gov/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
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owing to it by Contractor against any amount payable by MDHHS to Contractor
under this Contract.
Excluding federal government charges and terms, Contractor warrants and
agrees that each of the fees, economic or product terms or warranties granted
pursuant to this Contract are comparable to or better than the equivalent fees,
economic or product term or warranty being offered to any commercial or
government customer (including any public educational institution within the
State of Michigan) of Contractor. If Contractor enters into any arrangements
with another customer of Contractor to provide the products or services,
available under this Contract, under more favorable prices, as the prices may
be indicated on Contractor’s current U.S. and International price list or
comparable document, then this Contract will be deemed amended as of the
date of such other arrangements to incorporate those more favorable prices,
and Contractor will immediately notify the State of such fee and formally
memorialize the new pricing in a change notice.
4.22 Service Level Agreements (SLAs)
The contractor is accountable and must meet the requirements and the SLAs
established in this Contract. SLAs for this contract will be as follows:
Adherence to the Scope of Work
Acceptable
Standard
The Contractor must adhere to all aspects outlined in the Statement of
Work, as agreed-upon in the final version of this contract. The acceptable
standard is 100% compliance.
Methodology The MDHHS Program Manager will review performance per language in
this contract and will denote any instances where the successful contractor
fails to fulfill aspects of the contract.
Late or improper completion of the Contract Activities may cause loss and
damage to the State and it would be impracticable and extremely difficult
to fix the actual damage sustained by the State. Therefore, the State will
withhold final payment until all contractual activities have been completed
in full.
4.23 Stop Work Order
MDHHS may suspend any or all activities under the 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,
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or (b) terminate the Contract, or delivery order. MDHHS will not pay for
Contract Activities, Contractor’s lost profits, or any additional compensation
during a stop work period.
4.24 Termination for Cause
(a) MDHHS may terminate this Contract for cause, in whole or in part, if
Contractor, as determined by MDHHS: (i) endangers the value, integrity,
or security of any facility, data, or personnel; (ii) becomes insolvent,
petitions for bankruptcy court proceedings, or has an involuntary
bankruptcy proceeding filed against it by any creditor; (iii) engages in any
conduct that may expose MDHHS to liability; (iv) breaches any of its
material duties or obligations under this Contract; or (v) fails to cure a
breach within the time stated by MDHHS in a notice of breach, if in its sole
discretion MDHHS has chosen to provide a time to cure. Any reference to
specific breaches being material breaches within this Contract will not be
construed to mean that other breaches are not material.
(b) If MDHHS terminates this Contract under this Section, MDHHS will issue a
termination notice specifying whether Contractor must: (i) cease
performance immediately. Contractor must submit all invoices for Contract
Activities accepted by the State within 30 days of the date of termination.
Failure to submit an invoice within that timeframe will constitute a waiver
by Contractor for any amounts due to Contactor for Contract Activities
accepted by the State under this Contract or (ii) continue to perform for a
specified period. If it is later determined that Contractor was not in breach
of the Contract, the termination will be deemed to have been a Termination
for Convenience, effective as of the same date, and the rights and
obligations of the parties will be limited to those provided in Section 4.25,
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. Contractor must promptly reimburse to
MDHHS any fees prepaid by MDHHS prorated to the date of such termination,
including any prepaid fees. 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.
4.25 Termination for Convenience
MDHHS may immediately terminate this Contract in whole or in part without
penalty and for any reason or no 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.
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Contractor must submit all invoices for Contract Activities accepted by MDHHS
within 30 days of the date of termination. Failure to submit an invoice within
that timeframe will constitute a waiver by Contractor for any amounts due
Contractor for Contract Activities accepted by MDHHS under this Contract, or
(b) continue to perform the Contract Activities in accordance with Section 4.26,
Transition Responsibilities. If MDHHS terminates this Contract for
convenience, MDHHS will pay all reasonable costs, as determined by
MDHHS, for MDHHS approved Transition Responsibilities to the extent the
funds are available.
The Contractor may terminate this Contract upon 30 days written notice to
MDHHS at any time prior to the completion of the Contract period.
4.26 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 |90 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) 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 (d) 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.
4.27 Return of State Property
Upon termination or expiration of this Contract for any reason, Contractor must
take 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 indirectly to the
Contractor by any entity, agent, vendor, or employee of the State.
4.28 Indemnification
Except as otherwise provided by law neither Party shall be obligated to the
other, or indemnify the other for any third party claims, demands, costs, or
judgments arising out of activities to be carried out pursuant to the
obligations of either party under this Contract, nothing herein shall be
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construed as a waiver of any governmental immunity for either party or its
agencies, or officers and employees as provided by statute or modified by
court decisions.
4.29 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.
4.30 Limitation of Liability and Disclaimer of Damages
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.
4.31 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 the Contract,
including: (a) a criminal Proceeding; (b) a parole or probation Proceeding; (c)
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 (3) any complaint filed in a legal or administrative
proceeding alleging the Contractor or its subcontractors discriminated against
its employees, subcontractors, vendors, or suppliers during the term of this
Contract; or (e) a Proceeding involving any license that Contractor is required
to possess in order to perform under this Contract.
This section only applies to litigation or other proceedings involving this
Contract, being Contract Number MA230000001090.
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4.32 Reserved
4.33 State Data
a. Ownership. MDHHS’s data (“State Data,” which will be treated by
Contractor as Confidential Information) includes: (a) MDHHS’s data, user
data, and any other data collected, used, processed, stored, or generated
as the result of the Contract Activities; (b) personally identifiable information
(“PII“) collected, used, processed, stored, or generated as the result of the
Contract Activities, including, without limitation, 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, (c) protected 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 sole and exclusive property of MDHHS and all
right, title, and interest in the same is reserved by MDHHS.
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: (a) 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; (b) 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; (c) keep and
maintain State Data in the continental United States and (d) not use, sell,
rent, transfer, distribute, commercially exploit, 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.
Contractor's misuse of State Data may violate state or federal laws,
including but not limited to MCL 752.795.
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.
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d. Backup and Recovery of State Data. Unless otherwise specified in Section
2.10 – Services to be Provided, 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: (a) notify MDHHS as soon as practicable
but no later than 24 hours of becoming aware of such occurrence; (b)
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;
(c) in the case of PII or PHI, at MDHHS’s sole election, (i) with approval and
assistance from MDHHS, notify the affected individuals who comprise the
PII 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; (d) in the case of PII, provide
third-party credit and identity monitoring services to each of the affected
individuals who comprise the PII 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; (e) perform or take any other actions required to comply with
applicable law as a result of the occurrence; (f) 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; (g)
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; (h) be
responsible for recreating lost State Data in the manner and on the schedule
set by MDHHS without charge to MDHHS; and, (i) 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
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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 any other party,
including but not limited to public media outlets, must be reviewed and
approved by MDHHS in writing prior to its dissemination. The parties agree
that any damages relating to a breach of this Section 4.33 are to be
considered direct damages and not consequential damages.
f. State’s Governance, Risk and Compliance (GRC) platform. Contractor is
required to assist the State with its security accreditation process through
the development, completion and ongoing updating of a system security
plan using the State’s automated GRC platform, and implement any
required safeguards or remediate any security vulnerabilities as identified
by the results of the security accreditation process.
4.34 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.
a. Meaning of Confidential Information. For the purposes of this Contract, the
term “Confidential Information” means all information and documentation
of a party that: (a) has been marked “confidential” or with words of similar
meaning, at the time of disclosure by such party; (b) 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; or, (c) should reasonably be
recognized as confidential information of the disclosing party. The term
“Confidential Information” does not include any information or
documentation that was or is: (a) subject to disclosure under the Michigan
Freedom of Information Act (FOIA); (b) already in the possession of the
receiving party without an obligation of confidentiality; (c) developed
independently by the receiving party, as demonstrated by the receiving
party, without violating the disclosing party’s proprietary rights; (d) obtained
from a source other than the disclosing party without an obligation of
confidentiality; or, (e) 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.
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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 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: (a) use of a subcontractor is authorized under this
Contract; (b) the disclosure is necessary or otherwise naturally occurs in
connection with work that is within the subcontractor's responsibilities; and
(c) 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 agreement 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
compensable 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 MDHHS determine
that the return of any Confidential Information is not feasible, such party
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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.
4.35 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: (a) ensure the security and confidentiality
of the State Data; (b) protect against any anticipated threats or hazards to
the security or integrity of the State Data; (c) protect against unauthorized
disclosure, access to, or use of the State Data; (d) ensure the proper
disposal of State Data; and (e) 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. No less than annually, Contractor must 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.
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.
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4.36 Reserved
4.37 Reserved
4.38 Records Maintenance, Inspection, Examination, and Audit
Pursuant to MCL 18.1470, 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 records
related to the Contract through the term of the 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 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 the 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.
4.39 Representations and Warranties
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; (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 the Contract; (f) the Contract signatory has the authority
to enter into this Contract; (g) all information furnished by Contractor in
connection with the 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
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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 4.24, Termination for Cause.
4.40 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 the 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 the 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.
4.41 Compliance with Laws
Contractor must comply with all federal, state and local laws, rules and
regulations.
4.42 Reserved
4.43 Reserved
4.44 Nondiscrimination
Under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq.,
the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et
seq., and Executive Directive 2019-09, 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 (as defined in Executive Directive 2019-09),
height, weight, marital status, partisan considerations, any mental or physical
disability, or genetic information that is unrelated to the person’s ability to
perform the duties of a particular job or position. Breach of this covenant is a
material breach of this Contract.
4.45 Unfair Labor Practice
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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.
4.46 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
the Michigan Court of Claims. Complaints against the State must be initiated
in Ingham County, Michigan. Contractor waives any objections, such as lack
of personal jurisdiction or forum non conveniens. Contractor must appoint an
agent in Michigan to receive service of process.
4.47 Non-Exclusivity
Nothing contained in this Contract is intended nor is to be construed as
creating any requirements contract with Contractor, nor does it provide
Contractor with a right of first refusal for any future work. This Contract does
not restrict the State or its agencies from acquiring similar, equal, or like
Contract Activities from other sources.
4.48 Force Majeure
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 ensure
public health and safety, MDHHS may immediately contract with a third party.
4.49 Dispute Resolution
The parties will endeavor to resolve any Contract dispute in accordance with
this provision. The dispute will be referred to the parties' respective Contract
Administrators or Program Managers. Such referral must include a description
of the issues and all supporting documentation. 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
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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 the Contract.
4.50 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 the prior written approval of MDHHS, and then only in
accordance with the explicit written instructions of MDHHS.
4.51 Schedules
All Schedules and Exhibits that are referenced herein and attached hereto are
hereby incorporated by reference. The following Schedules are attached
hereto and incorporated herein:
Schedule B Pricing Matrix
4.52 Entire Agreement and Order of Precedence
This Contract, which includes Schedule B Pricing Matrix, is the entire
agreement of the parties related to the Contract Activities. This Contract
supersedes and replaces all previous understandings and agreements
between the parties for the Contract Activities. If there is a conflict between
documents, the order of precedence is: (a) first, this Contract, excluding its
schedules, (b) second, Schedule B Pricing Matrix. NO TERMS ON
CONTRACTOR’S INVOICES, ORDERING DOCUMENTS, WEBSITE, OR
OTHER NON-NEGOTIATED TERMS AND CONDITIONS PROVIDED WITH
ANY OF THE CONTRACT ACTIVITIES, OR DOCUMENTATION
HEREUNDER, EVEN IF ATTACHED TO THE STATE’S DELIVERY OR
PURCHASE ORDER, WILL CONSTITUTE A PART OR AMENDMENT OF
THIS CONTRACT OR IS BINDING ON THE STATE OR ANY AUTHORIZED
USER FOR ANY PURPOSE. ALL SUCH OTHER TERMS AND CONDITIONS
HAVE NO FORCE AND EFFECT AND ARE DEEMED REJECTED BY THE
STATE AND THE AUTHORIZED USER, EVEN IF ACCESS TO OR USE OF
THE CONTRACT ACTIVITIES REQUIRES AFFIRMATIVE ACCEPTANCE
OF SUCH TERMS AND CONDITIONS.
4.53 Severability
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 the
same or similar objectives. The remaining Contract will continue in full force
and effect.
4.54 Waiver
Failure to enforce any provision of this Contract will not constitute a waiver.
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4.55 Survival
Any right, obligation or condition that, by its express terms or nature and
context is intended to survive, will survive the termination or expiration of this
Contract; such rights, obligations, or conditions include, but are not limited to,
those related to transition responsibilities; indemnification; disclaimer of
damages and limitations of liability; State Data; non-disclosure of Confidential
Information; representations and warranties; insurance and bankruptcy.
4.56 Contract Modification
This Contract may not be amended except by signed agreement 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.
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FEDERAL PROVISIONS ADDENDUM
This addendum applies to purchases that will be paid for in whole or in part with funds
obtained from the federal government. The provisions below are required, and the
language is not negotiable. Contractor agrees to comply with all obligations under
federal rules or regulations for such funding, including but not limited to the provisions
contained in this addendum. If any provision below conflicts with the State’s terms and
conditions, including any attachments, schedules, or exhibits to this 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. Further, Contractor
agrees to, through a Contract Change Notice, append or modify specific federal
provisions to this Contract, if reasonably necessary to keep the State and Contractor in
compliance with federal funding requirements, and comply with the terms set forth
therein. Hyperlinks are provided for convenience only; broken hyperlinks will not relieve
Contractor from compliance with the law.
A. Equal Employment Opportunity
This Contract is not a “federally assisted construction contract” as defined in 41
CFR Part 60-1.3.
B. Davis-Bacon Act (Prevailing Wage)
This Contract is not a “federally assisted construction contract” as defined in 41
CFR Part 60-1.3, nor is it a prime construction contract in excess of $2,000.
C. Copeland “Anti-Kickback” Act
This Contract is not a “federally assisted construction contract” as defined in 41
CFR Part 60-1.3, nor is it a prime construction contract in excess of $2,000 where the
Davis-Bacon Act applies.
D. Contract Work Hours and Safety Standards Act
The Contract does not involve the employment of mechanics or laborers.
E. Rights to Inventions Made Under a Contract or Agreement
If this 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 and the Federal Water Pollution Control Act
If this Contract is in excess of $150,000, the Contractor must comply with all
applicable standards, orders, and regulations issued under the Clean Air Act (42
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USC 7401-7671q) and the Federal Water Pollution Control Act (33 USC 1251-1387),
and during performance of this Contract the Contractor agrees as follows:
(1) Clean Air Act
(i) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.
§ 7401 et seq.
(ii) The Contractor agrees to report each violation to the State and
understands and agrees that the State will, in turn, report each violation
as required to assure notification to the Federal Emergency
Management Agency or the applicable federal awarding agency, and
the appropriate Environmental Protection Agency Regional Office.
(iii) The Contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with
Federal assistance provided by FEMA or the applicable federal
awarding agency.
(2) Federal Water Pollution Control Act
(i) The Contractor agrees to comply with all applicable standards, orders,
or regulations issued pursuant to the Federal Water Pollution Control
Act, as amended, 33 U.S.C. 1251 et seq.
(ii) The Contractor agrees to report each violation to the State and
understands and agrees that the State will, in turn, report each violation
as required to assure notification to the Federal Emergency
Management Agency or the applicable federal awarding agency, and
the appropriate Environmental Protection Agency Regional Office.
(iii) The Contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with
Federal assistance provided by FEMA or the applicable federal
awarding agency.
G. Debarment and Suspension
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 (51 FR 6370; February 21, 1986) and 12689 (54 FR 34131; August 18, 1989),
“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.
(1) This Contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2
C.F.R. Part 3000. As such, the Contractor is required to verify that none of the
Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2
C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935).
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(2) The Contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part
3000, subpart C, and must include a requirement to comply with these regulations
in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the State. If it is
later determined that the contractor did not comply with 2 C.F.R. Part. 180,
subpart C and 2 C.F.R. Part. 3000, subpart C, in addition to remedies available to
the State, the Federal Government may pursue available remedies, including but
not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part
180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or
proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
H. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractor has applied or bid for an award of more than $100,000 and shall file the
required certification in Exhibit 1 – Byrd Anti-Lobbying Certification attached to the
end of this Addendum. Each tier certifies to the tier above that it will not and has not
used federally appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
officer or employee of Congress, or an employee of a Member of Congress in
connection with obtaining any federal contract, grant, or any other award covered by
31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds
that takes place in connection with obtaining any federal award. Such disclosures are
forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the federal awarding agency.
I. Procurement of Recovered Materials
If this Contract is a procurement to purchase products or items designated by the
EPA under 40 C.F.R. part 247 during the course of a fiscal year, then under 2 CFR
200.323, Contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act.
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless
the product cannot be acquired:
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii)At a reasonable price.
(2) Information about this requirement, along with the list of EPA- designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
(3) The Contractor also agrees to comply with all other applicable requirements of
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Section 6002 of the Solid Waste Disposal Act.
J. Prohibition on Contracting for Covered Telecommunications Equipment or
Services
Contractor acknowledges and agrees that Section 889(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (the
“McCain Act”), and 2 C.F.R. §200.216, prohibit the obligation or expending of federal
award funds on certain telecommunication products or with certain entities for national
security reasons on or after August 13, 2020.
During performance of this Contract, the Contractor agrees as follows:
(a)Definitions. As used in this Section J. Prohibition on Contracting for Covered
Telecommunications Equipment or Services (“Section J”):
(1) the terms “backhaul,” “critical technology,” “interconnection
arrangements,” “reasonable inquiry,” “roaming,” and “substantial or
essential component” have the meanings defined in 48 CFR § 4.2101;
(2) the term “covered foreign country” has the meanings defined in § 889(f)(2)
of the McCain Act; and
(3) the term “covered telecommunications equipment or services” has the
meaning defined in § 889(f)(3) of the McCain Act.
(b)Prohibitions.
(1) Unless an exception in paragraph (c) of this Section J applies, neither the
Contractor nor any of its subcontractors may use funds received under
this Contract to:
(i) Procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of
any system;
(iii)Enter into, extend, or renew a contract with an entity that uses
any covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system; or
(iv)Provide, as part of its performance of this contract, subcontract, or
other contractual instrument, any equipment, system, or service
that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system.
(c)Exceptions.
(1) This Section J does not prohibit Contractor from providing—
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(i) A service that connects to the facilities of a third-party, such as
backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user
data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
(d)Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications
equipment or services used as a substantial or essential component of
any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a
subcontractor at any tier or by any other source, the Contractor shall
report the information in paragraph (d)(2) of this Section J to the recipient
or subrecipient, unless elsewhere in this contract are established
procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to
paragraph (d)(1) of this Section J:
(i) Within one business day from the date of such identification or
notification: The contract number; the order number(s), if
applicable; supplier name; supplier unique entity identifier (if
known); supplier Commercial and Government Entity (CAGE)
code (if known); brand; model number (original equipment
manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information
about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in
paragraph (d)(2)(i) of this Section J: Any further available
information about mitigation actions undertaken or recommended.
In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications
equipment or services, and any additional efforts that will be
incorporated to prevent future use or submission of covered
telecommunications equipment or services.
(e)Subcontracts. The Contractor shall insert the substance of this Section J,
including this paragraph (e), in all subcontracts and other contractual
instruments.
K. Domestic Preferences for Procurements
As appropriate, and to the extent consistent with law, the Contractor should, to the
greatest extent practicable, provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States. This includes, but is not
limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this Section K – Domestic Preferences for Procurements:
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“Produced in the United States” means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
“Manufactured products” mean items and construction materials composed in whole or
in part of non-ferrous metals such as aluminum; plastics and polymer-based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
L. Affirmative Socioeconomic Steps
For all contracts utilizing federal funding sources subject to Title 2 of the Code of
Federal Regulations (C.F.R.) Part 200 issued on or after November 12, 2020, if
subcontracts are to be let, the prime contractor is required to take all necessary steps
identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses,
women’s business enterprises, and labor surplus area firms are used when possible.
M. Copyright and Data Rights
Pursuant to 2 CFR § 200.315(b), the State may copyright any work which is subject to
copyright and was developed, or for which ownership was acquired, under a Federal
award. The Federal awarding agency reserves a royalty-free, nonexclusive and
irrevocable right to reproduce, publish, or otherwise use the work for Federal
purposes, and to authorize others to do so.
N. Additional FEMA Contract Provisions
This Contract does not involve purchases that will be paid for in whole or in part with
funds obtained from the Federal Emergency Management Agency (FEMA).
O. Other Federal Contract Provisions
No additional federal provisions currently apply to this Contract.
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EXHIBIT 1
BYRD ANTI-LOBBYING CERTIFICATION
Contractor must complete this certification if the purchase will be paid for in whole or in
part with funds obtained from the federal government and the purchase is greater than
$100,000.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
Title 31, U.S. C. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
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The Contractor, County of Oakland, A Michigan Constitutional Corp., certifies or
affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the
provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and
Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
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State of Michigan
Michigan Department of Health and Human Services
SCHEDULE B
PRICING MATRIX
MDHHS must make payments to the Contractor based upon the following rates per unit
of service delivered as identified below:
Unit Title Rate
Guaranteed Beds $853.72 per bed per day
Filled Beds $853.72 per bed per day
Payments must not exceed the amounts allocated as identified below. Payments made
above the allocated amounts identified will require an amendment to the contract.
Contract Period Contract Amount
Begin date through September 30, 2026 $10,000,000.00
1) Dollar amounts allocated for Guaranteed beds are identified in the annual fiscal
year Delivery Order (DO).
2) The annual fiscal year DO number must be included on all invoices to ensure
prompt payment.
Guaranteed Beds are the number of contracted beds guaranteed for MDHHS use
but which do not result in placement. A monthly invoice must be submitted to
MDHHS which identifies the number of guaranteed beds not filled. Payment for a
guaranteed bed will be made via SIGMA. The number of Guaranteed Beds under
this contract are identified in the table below.
Filled Beds are the number of contracted beds in which a youth is placed. Payment
for a filled bed is made via MiSACWIS/CCWIS.
Service Code 745
Program Name Mandy's Place
Number of Contracted Beds 10
Number of Guaranteed Beds 8
Filled Bed Effective Date 10/01/2023
Guaranteed Bed Effective Date 10/01/2023
Bridges Provider Number 6358407
MiSACWIS/CCWIS Provider Number 10400607