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.
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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.
3I Agree0I 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
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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 Agree1I 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 Agree1I 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?
3I Agree0I 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 Agree1I 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 Agree1I 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 Agree1I 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 Agree1I 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."
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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 Agree0I 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 Agree0I 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.