Ohio's Families and Children Rule Review Site

Master Contract Agreement for Title IV-E Agencies and Providers for the Provision of Child Placement

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Note: The Master Contract was automated in SACWIS in 2016. At the time of the original implementation, OFC agreed to review the language at a later point in time to see if changes need to be made. We will soon be reconvening the original contract workgroup and would like to solicit feedback from our partners prior to our meeting.
3I Agree1I Disagree
Mark Mecum
08-25-2017 (1:21pm)
Article XIX INSURANCE, Section F, Sub section 3. Please replace the sentence with this one: "Provider shall provide written notice to the Agency Director or Designee 30 days prior to any cancellation or material change to any policy required by this clause." Rationale: It is not reasonable to require insurance policy endorsements to not be cancelled or changed until written notice is provided to the Agency Director. This section also implies that the notification may be required to be made by the insurance carrier to the county, which won't ever happen.
4I Agree1I Disagree
marsha coleman
08-31-2017 (10:21am)
Under Article V. Provider responsibilities – notification to the agency Q. When there is a rule violation of a caregiver, a copy of the corrective action plan, if applicable, must be submitted to the Agency when the investigation is complete. I think the agency should be notified when there is an allegation in the foster home – I didn’t see any language on this except after the fact. Under Article XXII – Screening and Selection D. Verification of Job or Volunteer Application: Provider shall check and document each applicant’s personal and employment references, general work history, relevant experience, and training information. Provider further agrees it will not employ an individual in relation to this Agreement unless it has received satisfactory employment references, work history, relevant experience, and training information. I’m not seeing anything regarding SACWIS checks for CAN for people transporting or job/volunteers
3I Agree2I Disagree
Chris Zuercher
09-01-2017 (8:48am)
Art V. Sect. D. Currently says notify immediately "or" within 24 hours. This reads as if the provider may choose between alternatives. Perhaps something like, notify "immediately, but in any case within 24 hours..."
2I Agree2I Disagree
Chris Zuercher
09-01-2017 (8:52am)
Art. VII, Sect. A. This section lists a number of items in 1-6. It is not clear to me what we're saying about these items? Based on placement, I suspect these are pieces of information or other considerations that are required to be in the invoice. However, its not actually stated. IF that is what is intended, perhaps add the following language just before the listed items: "Each invoice shall include at least the following elements:"
2I Agree2I Disagree
Chris Zuercher
09-01-2017 (8:56am)
Art. XXII - Screening/Selection, Sect. B(2)(c) talks about not permitting a person to transport who has an OVI or similar conviction, but only if they have had three within a three year period. Does this offer the Agency sufficient protection?
4I Agree1I Disagree
Chris Zuercher
09-01-2017 (9:00am)
Just one more general comment... Many of the articles include references to other articles in the agreement by citing the Article No. using roman numerals. It looks like some of the articles have been renumbered, but the references to other Articles weren't updated. I suspect there's a plan for this to happen before the doc is finalized, but wanted to point it out just in case... Thanks.
2I Agree2I Disagree
Steve Ehrle
09-05-2017 (11:03am)
Article V.B. Change wording to read " Provider agrees to submit a monthly progress report as negotiated by the parties to the Children Services Assistant Director for each child no later than the fifteenth (15th) day of each month. The progress report will be based on the child’s ICCA and case plan and should include documentation of services provided to the child (visits to the child, counseling outcome(s), etc.). Failure to submit the progress reports may result in a delay of payment until such time that the Provider comes into compliance."
2I Agree2I Disagree
Steve Ehrle
09-05-2017 (11:06am)
Article V.E. Add the following situation to notify the Agency "j. The child's medication has changed."
2I Agree2I Disagree
Steve Ehrle
09-05-2017 (11:14am)
V. S Recommend the following be added: " Provider agrees to transfer copies of the child’s records to the Agency within forty-eight (48) hours of the request. Copies of the records are to be submitted electronically via email as an attached, scanned pdf file(s) or via facsimile (fax)."
2I Agree2I Disagree
Steve Ehrle
09-05-2017 (11:15am)
V.T. Recommend the following be added: "Provider agrees to provide transportation for the child to subsequent placements including those outside the Provider network. Transportation shall be limited to within the State of Ohio."
2I Agree1I Disagree
Steve Ehrle
09-05-2017 (11:18am)
Article VIII.J. Recommend the following be added: "Provider agrees to provide written notification to the Agency of requested per diem rate changes. Written notification shall contain the total per diem rate and the per diem rate components (Maintenance, Administration, Transportation, Other, etc.). Per diem rate changes shall take effect the first calendar day of the month after the per diem rate change has been formally approved by the Provider and Agency in a contract amendment."
2I Agree2I Disagree
Steve Ehrle
09-05-2017 (11:23am)
Article XX.A. Recommend the requirement for "...One Hundred Thousand Dollars ($100,000) coverage in legal liability fire damage." be removed from the clause. We have observed that no provider seems to include this endorsement in their certifications in the Commercial General liability section.
1I Agree1I Disagree
andrew wannemacher
09-18-2017 (11:38am)
Article XX and Article XXI are problematic if both parties to the contract are governmental agencies. Article XXI Indemnification & Hold Harmless - According to our prosecutor, governmental agencies can not enter into indemnification & hold harmless agreements. There is an Ohio Attorney General’s Opinion 2005-007, which indicates that indemnification clauses entered into by governmental agencies are void and unenforceable unless the governmental agency entering into the contract has appropriated funds matching the maximum dollar amount of the contract. Article XX(F) Additional insured provision - Our county participates in the County Risk Sharing Authority (CORSA) and we have yet to receive an answer on whether we can add additional insureds. Article I - Section 1.03 Exhibits. This provision automatically deems the scope of work an exhibit, even if one is not done.
0I Agree0I Disagree
Leah Zuck
09-22-2017 (2:36pm)
There are a few contract clauses that were not included in this contract. FCCS recommends the following clauses to be added: Add “Integration”: This Contract constitutes the entire agreement of the Parties. There are no promises, terms, conditions, or obligations binding the Parties other than those stated herein. This Contract supersedes all previous placement contracts, communications, representations, or agreements, either written or oral, between the Parties. Add “Interpretation”: Unless the context of this Contract clearly requires otherwise, references to the plural include the singular, references to the singular include the plural, and the term “including” is not limiting. The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in this Contract refer to this Contract as a whole and not to any particular provision of this Contract. Any reference in this Contract to any agreement, instrument, or document shall include all amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders and supplements, thereto and thereof, as applicable. Any reference herein to any person will be construed to include such person’s successors and assigns as otherwise permitted herein. Add “Counterparts”: This Contract may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, and each of these counterparts shall constitute one and the same instrument. It shall not be necessary in making proof of this Contract to produce or account for more than one such counterpart. An electronic signature or a scanned or otherwise reproduced signature shall be a binding signature and carry the same legal force as the original. Add “Severability”: If any term of this Contract or its application thereof to any person or circumstance shall to any extent be held invalid or unenforceable, the remainder of this Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby. Each term and provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:11pm)
Oesterlen is offering recommendations without benefit of review or consideration of the ODJFS compilation and analysis of the statewide PCSA's Addenda / Amendments. 1. To the fullest extent possible--upon completion of this first-year review--as much of the SACWIS / Master Contract as possible should be mandated as disallowed from modification without specific written prior approval of ODJFS. 2. Articles I through IV—Articles I through V appear to be Contract Language that can be mandated and disallowed from modification.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:32pm)
Article V, J., Provider Responsibilities—The following “language modification and new language” is suggested to be added to Article V, J. The suggested revision is: “The Provider shall participate in a Placement Preservation meeting with the Agency prior to issuing a notice of removal of a child. Unless otherwise mutually agreed upon a minimum of 14 calendar days’ notice shall be given if placement preservation is unable to be achieved. A Discharge Plan Summary shall be provided no later than thirty (30) calendar days after the …”
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:33pm)
Article VI B., (see the last part of the first sentence) Agency Responsibilities—It is suggested that the following language be deleted: “…or within a reasonable time thereafter as agreed to by the parties.”
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:34pm)
Article VI, B., Agency Responsibilities—It is recommended that the following language be added to Article VI B unless the Review Group wishes to “reorder the alpha sequencing” of this Article and add it as another “item” under this Article: “Agency agrees to also provide a copy of each child’s social history, full disclosure of medical history and assigned Medicaid Managed Care Organization once obtained by the Agency for new cases or at placement for existing cases.”
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:34pm)
Article VI C., Agency Responsibilities—The referenced “Article XIIIII” is incorrect. The referenced Article should be “Article XIV”.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:35pm)
Article VI F., Agency Responsibilities—Near the middle of the second sentence of this Article VI, F, there is a “typo” of the word “of”. The word “of” should be deleted.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:37pm)
Article VI G., Agency Responsibilities— The following “language modification and new language” is suggested to become Article VI, G. The suggested modification is: “The Agency shall participate in a Placement Preservation meeting with the Provider prior to the removal / termination of a child from placement with the Provider unless otherwise mutually agreed upon. The Agency shall issue a thirty (30) calendar days’ notice for planned removals. The exception is if a termination of a placement is ordered by a court of competent jurisdiction. Court Orders shall be followed.”
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:37pm)
Article VII, A., Invoicing For Placement Services—It is suggested the following language be added to the first sentence: “…within the 1st ten calendar days…” The first sentence would then read: “The Provider agrees to submit a monthly invoice within the 1st ten calendar days following the end of the month in which services were provided. The invoice shall be for services delivered in accordance with Article I of this Agreement.” If the time frame for invoice submittal is stated within Article VII, A, the hope is that it would address the need for all the counties and not require an Amendment. The number of days could possibly be left as a “fill in”.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:38pm)
Article VIII, E., Reimbursement For Placement Services—The current Contract Language is suggested to be deleted and replaced with the following: “The Agency may agree to reimburse for the days that a child is temporarily absent from the direct care of the Provider—Planned or Unplanned, due to matters, such as but not limited to, AWOL, Hospitalization, Visitation—for no more than 3 days unless otherwise agreed to by the parties in writing, prior to the expiration of the third day.” The number of days could possibly be left as a “fill in”.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:39pm)
Article VIII, H., last sentence, Reimbursement For Placement Services—The referenced Article VI in the last sentence of this section of the Contract is incorrect. The referenced Article VI should be Article VII.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:40pm)
Article VIII, I., last paragraph, first and last sentences, Reimbursement For Placement Services—The first reference Article VI should be Article VII and the last referenced Article XIII should be Article XIV.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:40pm)
Article IX, D., second sentence, Termination; Breach and Default-- The referenced Article VI should be Article VIII. Article IX, E., first sentence, near the end, Termination; Breach and Default-- The referenced Article V should be Article VIII.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:41pm)
1Article X, Records Retention and Confidentiality Requirements—Article X appears to be Contract Language that can be mandated and disallowed from modification.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:42pm)
15. Article XI, A., Provider Assurances and Certifications—The referenced Article XXI should be Article XXII. Additionally: It appears that the word “interns” at the end of the sentence is misplaced. Should it not be as follows?: “…concerning criminal record checks, arrests, convictions and guilty pleas relative to foster caregivers, employees, volunteers and interns who are involved in the care for a child.”
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:43pm)
Article XI, H, 2., Provider Assurances and Certifications—There is a reference to notification “…to the Agency within five (5) business days.” It is being suggested that the referenced business days be changed to “ten (10) business days.” Articles VI, E.; XIV, A.1 and XXIV already have references to ten business days. It is realized that not all referenced time frames can be the same but to the extent that as many as appropriate can be referenced for the same time frame helps bring consistency and “memory recall” for specifics of the contract.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:44pm)
Article XII, Independent Contractor Article XIII, Audits and other Financial Matters Article XIV, Grievance / Dispute Resolution Process Article XV, Amendments Article XVI, Notice Article XVII, Construction Article XVIIII, No Assurances Article XIX, Conflict of Interest Article XX, Insurance Article XXI, Indemnification and Hold Harmless The above noted Articles (Articles XII through XXI) appear to be Contract Language that can be mandated and disallowed from modification.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:45pm)
Article XXII, A., 1., Screening and Selection-- The referenced Article X should be Article XXII. Article XXII, B., 1., Screening and Selection— The referenced “Childs” should be “children”. Article XXII, B., 1.b., near the end of the sentence, Screening and Selection— The use of the word “of” in “…of in accordance with…”should be deleted.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:46pm)
Article XXIII, Prohibition of Corporal and Degrading Punishment-- The use of the word “child” in “…against child served by Agency.” should be “children”.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:46pm)
Article XXIV, Excluded Parties List Article XV, Public Records Article XXVI, Child Support Enforcement Article XXVII, Declaration of Property Tax Delinquency Article XXVIII, Subcontracting and Delegation Article XXIX, Property of Agency Article XXX, Waiver Article XXXI, No Additional Waiver Implied The above noted Articles (Articles XXIV through XXXI) appear to be Contract Language that can be mandated and disallowed from modification.
0I Agree0I Disagree
Don Warner, Oesterlen
09-23-2017 (8:48pm)
Article XXXII, first paragraph, Applicable Law and Venue—It is believed that the reference to legal action having to be “…filed in the courts located in Cuyahoga County, Ohio.” is a mistake. It is suggested that the following language be substituted: “…filed in the courts located in the county in which the PCSA is located.” Or something similar.
0I Agree0I Disagree
Jonathon Hart
09-25-2017 (2:51pm)
1. Article I. Section 1.03 Exhibits - please add space and reference to additional exhibits, addendums, and schedules as we would like the ability to add additional provisions outside of the master contract that are more specific. Additionally, you reference addendums and a "schedule A" later in the agreement (see Article V and Article VIII) without any early reference incorporating them. We are asking for the option to add as many exhibits as desired for flexibility. 2. Article V. Provider Responsibilities Section C. - it would be preferable that all placement changes (even in an emergency) occur only with the approval of the PCSA, and this should be possible as all PCSAs should be available 24/7. 3. Article XXI. Indemnification and Hold Harmless - please add language stating that the PCSA retains all rights regarding decisions in representation, defense, strategy, and possible resolution of any and all claims. 4. Article XXXII. Applicable Law and Venue - this draft includes Cuyahoga. Will this automatically change based on the location of the PCSA? How will that work? We will not contract with an entity unless the jurisdiction is limited to Summit County (for us). 5. Article III. Order of Precedence - there may be occasion where we would like to override the master agreement with an exhibit - we propose adding the language "unless explicitly set forth in the Exhibit that it takes precedence over this Agreement, then if any provision of this Agreement irreconcilably conflicts...the Agreement takes precedence..."