Human Services Department.pdf

Revision Date: April 2026

THE CITY OF PHILADELPHIA

PROFESSIONAL SERVICES CONTRACT

GENERAL PROVISIONS

FOR

DEPARTMENT OF HUMAN SERVICES CONTRACTS

PSC GP (DHS)

Rev. Date: April 2026 Page ii

The City of Philadelphia Professional Services Contract

General Provisions Department of Human Services

TABLE OF CONTENTS

ARTICLE I: DEFINITIONS

1.1 ADA

1.2 Additional Services and Materials

1.3 Additional Term

1.4 Aftercare

1.5 Agency

1.6 Aggregate Actual Cost

1.7 Amendment

1.8 Applicable Law

1.9 Applicant

1.10 Appropriated Fiscal Year

1.11 CBES

1.12 Certification of Restrictions on Lobbying

1.13 Charter

1.14 City

1.15 City Agency

1.16 City Council

1.17 City Data

1.18 City-Related Agency

1.19 Code

1.20 Commissioner

1.21 Commonwealth

1.22 Community Behavioral Health

1.23 Community Umbrella Agency

1.24 Consultant

1.25 Contract

1.26 Contract Cost Principles

1.27 Contract Documents

1.28 Contributions

1.29 CRU

1.30 CWO

1.31 CYD Policy Manual

1.32 Department

1.33 Departmental and Administrative Policy Directives

1.34 Discharge Plan

1.35 Discharge Summary

1.36 EPSDT

1.37 Event of Default

1.38 Event of Insolvency

Page iii

1.39 Family Court

1.40 Financial Assistance

1.41 Fiscal Year

1.42 Form Authorizations

1.43 FSP

1.44 Functional Expenditure Report

1.45 General Provisions

1.46 HealthChoices

1.47 Improving Outcomes for Children

1.48 Independent Audit Report

1.49 Initial Term

1.50 Intent to Adopt

1.51 Interpretation; Number; Gender

1.52 ISP

1.53 JJS

1.54 JPO

1.55 Materials

1.56 Medical Assistance

1.57 Mental Health Procedures Act

1.58 Modification Notice

1.59 Non-Competitively Bid Contract

1.60 Out-of-Home Placement

1.61 PA DHS

1.62 Party

1.63 Performance Based Contract

1.64 Person

1.65 Personal Information

1.66 Placement Amendment

1.67 Policy Transmittals and Guides

1.68 Professional Services Contract

1.69 Provider

1.70 Provider Agreement

1.71 Provisional

1.72 Referring Agency

1.73 Responsible Official

1.74 Scope of Services

1.75 Services

1.76 Shared Case Responsibility

1.77 Single Case Plan

1.78 Subcontract

1.79 Subcontractor

1.80 Subrecipient Audit Guide

1.81 Suspension Notice

1.82 Suspension Period

1.83 SWAN

1.84 Term

1.85 Termination Notice

Page iv

1.86 Total Actual Cost

1.87 Transition

1.88 Transition Notice

1.89 Vacancy

ARTICLE II: TERM

2.1 Initial Term

2.2 Additional Terms

ARTICLE III: PROVIDER’S DUTIES AND COVENANTS

3.1 Performance Requirements

3.2 Compliance with Applicable Law

(a) Title IV-E of the Social Security Act (“Title IV-E”) and Adoption and Safe Families Act (“ASFA”) and Applicable Law Compliance

(b) Compliance with Title VI of the Civil Rights Act of 1964

(c) Compliance with the Prison Rape Elimination Act of 2003

(d) Fostering Connections to Success and Increasing Adoption Act of 2008

(e) Activities and Experiences for Children in Out-of-Home Placements Act of 2015

3.3 Additional Services and Materials; Change in Scope of Services

3.4 Responsibility

3.5 Subcontracts

3.6 Conflict of Interest; Related Party Transactions

3.7 Relationship with the City or Family Court

3.8 Time Frame for Submissions

3.9 Prompt Payment by Provider

3.10 Sales and Use Tax

3.11 Adherence to Departmental Policy

3.12 Adoption License

3.13 Routine Transportation Costs

3.14 Family Visit Food Costs

3.15 Payments for Placement Services

3.16 EPSDT; Managed Care

3.17 Service Requirements

3.18 Web-Based Central Referral Unit (CRU) System Participation

3.19 Dependent Placement Referrals

3.20 Referral Disputes

3.21 Notice of Referral Acceptance or Rejection

3.22 Documentation of Referrals

3.23 Vacation, Holiday Placement

3.24 Adequate Clothing

3.25 Return of Medical Assistance Card

3.26 Service Reports

(a) Progress Reports

(b) Placement Objectives; Adjustment Reports

(c) Notice of Child/Youth’s Location

(d) Copies of Single Case Plan, Other Reports

(e) In Home Services and Resource Home Care Outcomes Requirements

Page v

(f) Compliance with Temporary Assistance for Needy Families (“TANF”) Reporting Requirements

(g) HCSIS Reports, Reporting, Other Incidents and Mandated Reporting to ChildLine

(h) Documentation of Arrests of Children/Youth

(i) Documentation of Restraints of Children/Youth

(j) Documentation of Truancy

(k) Documentation of Aftercare Plan

3.27 Transitional and Discharge Planning

(a) Discharge Upon Agreement of the Parties

(b) Discharge Upon Request of Provider

(c) Delinquent Children and Youth

(d) Documentation of Discharges of Children/Youth

3.28 Absence of Child/Youth

3.29 Provider’s Publications

3.30 Certifications

3.31 Child Death Review

3.32 Resource Home Agreements

3.33 Group Home Provision

3.34 Adoption and Permanent Legal Custodianship

ARTICLE IV: PROVIDER’S REPRESENTATIONS AND WARRANTIES

4.1 Provider’s Representations and Warranties

(a) Good Standing

(b) Authority to Act

(c) No Litigation Preventing Performance

(d) Requisite Licensure and Qualifications

(e) No Adverse Interests

(f) No Indebtedness to the City

(g) Commercial Activity License

(h) Non-Suspension; Debarment

(i) Prohibiting Religious Activities

(j) Non-Lobbying Certification

(k) Additional Representations and Warranties

4.2 Notice of Change

ARTICLE V: SERVICE REQUIREMENTS

5.1 Scope of Services

5.2 Placement and Referral Process

(a) Eligibility for Services

(b) Referral Process

(c) Residential Treatment Facility Placement

(d) Emergency Shelter Placement

(e) Availability of Placement Providers

(f) Information Sharing Following Acceptance for Placement

(g) Information Sharing in Emergency Out-of-Home Placement Cases

(h) Collaborative Planning

(i) Clothing

(j) Life Skills Training for Children and Youth in Placement

Page vi

5.3 Medical and Dental Costs

(a) Responsibility for Payment

(b) Medical Assistance

(c) Limits of the City’s Responsibility

(d) Elective Services

5.4 Change in Laws

5.5 Right of Review and Rejection

5.6 Reimbursement

ARTICLE VI: COMPENSATION

6.1 Requisite Documents

6.2 Certification of Available Funds

6.3 Unavailability of Funds

6.4 Crossing Fiscal Years

6.5 Allowability of Cost Items

6.6 Advances

6.7 Income from Contract Funds

6.8 Monitoring of Fund Utilization

6.9 Maximum Daily Rate, Days of Care or Units of Service (or combination thereof)

6.10 Total Actual Cost

6.11 Excess Compensation

6.12 Unpaid Amounts

6.13 Invoices

6.14 Golden Parachute Agreements

6.15 Indirect Rate Requests

6.16 Timely Payment from Commonwealth Funds

ARTICLE VII: AUDITS; INSPECTION RIGHTS; RECORDS

7.1 City Audit

7.2 Inspection

7.3 Availability of Records

7.4 Retention of Records

7.5 Independent Audit

(a) Combined City Contracts That Total Less Than $300,000 in a Fiscal Year

(b) Combined City Contracts That Total $300,000 or More in a Fiscal Year

7.6 Compliance Audit Reports

7.7 Program Records; Reporting Costs

(a) Reports Concerning Provider’s Costs

(b) Purchase Category

(c) Unallowable Costs; Third-Party Funds

7.8 Audits Pursuant to Section 6-400 of the Home Rule Charter

ARTICLE VIII: ASSIGNMENT

8.1 Assignment by Provider

8.2 Applicability to Event of Insolvency

8.3 Personal Services

ARTICLE IX: INDEPENDENT CONTRACTOR; INDEMNIFICATION; LITIGATION

COOPERATION

9.1 Independent Contractor

9.2 Indemnification

Page vii

9.3 Litigation Cooperation

9.4 Notice of Claims

ARTICLE X: INSURANCE

10.1 Insurance Policies

(a) Workers’ Compensation and Employers’ Liability

(b) General Liability Insurance

(c) Automobile Liability Insurance

(d) Professional Liability Insurance

10.2 Self-Insurance

10.3 Evidence of Insurance Coverage

10.4 Fidelity Bond; Crime Insurance

ARTICLE XI: OWNERSHIP OF MATERIALS; PROPRIETARY INFORMATION;

CONFIDENTIALITY

11.1 Ownership of Materials

11.2 Non-Disclosure and Destruction of Data

ARTICLE XII: EVENTS OF DEFAULT

12.1 Events of Default

12.2 Notice and Cure

ARTICLE XIII: REMEDIES

13.1 The City’s Remedies

13.2 Concurrent Pursuit of Remedies; No Waiver

ARTICLE XIV: TRANSITION, TERMINATION AND SUSPENSION

14.1 Transition

14.2 Termination or Suspension for Any Reason

14.3 Provider’s Responsibilities Upon Transition, Termination or Suspension

14.4 Payment of Provider Upon Transition, Termination, or Suspension

14.5 Special Suspension Rules

ARTICLE XV: ADDITIONAL REPRESENTATIONS AND COVENANTS OF PROVIDER

RELATING TO CERTAIN APPLICABLE LAWS

15.1 Non-Discrimination; Fair Practices

15.2 Chapter 17-400 of The Philadelphia Code: Exclusionary Private Organizations

15.3 Antidiscrimination and Equal Opportunity in Contracting

15.4 Federal Laws

15.5 Americans with Disabilities Act

15.6 Northern Ireland

15.7 Limited English Proficiency

15.8 Business, Corporate and Slavery Era Insurance Disclosure

15.9 Terms and Conditions Relating to Protected Health Information

15.10 Chapter 17-1300 of The Philadelphia Code: Philadelphia 21st Century Minimum

Wage and Benefits Standard

15.11 Chapter 17-1400 of The Philadelphia Code: Contributions and Other Mandatory

Disclosures

15.12 Gifts

15.13 Chapter 17-1900 of The Philadelphia Code: Equal Benefits Ordinance

15.14 Appropriations Act

ARTICLE XVI: MISCELLANEOUS

16.1 Governing Law

Page viii

16.2 Amendments; Waiver

16.3 Integration

16.4 No Joint Venture

16.5 No Third-Party Beneficiaries

16.6 Counterparts

16.7 Severability and Partial Invalidity

16.8 Survival

16.9 Determination of Disputes

16.10 Interpretation; Order of Precedence

16.11 Headings

16.12 Statutes and Other Citations

16.13 Days

16.14 Forum Selection Clause; Consent to Jurisdiction

16.15 Waiver of Jury Trial

16.16 Notices

16.17 E-signatures

(a) Technology Changes

(b) Electronic Submissions

(c) Breach

The City of Philadelphia Professional Services Contract

General Provisions Department of Human Services

GENERAL PROVISIONS

ARTICLE I: DEFINITIONS

1.1 ADA has the meaning set forth in Section 15.5 (Americans with Disabilities Act) below.

1.2 Additional Services and Materials has the meaning set forth in Section 3.3 (Additional Services and Materials; Change in Scope of Services) below.

1.3 Additional Term has the meaning set forth in Section 2.2 (Additional Terms) below.

1.4 Aftercare means services designed to support the reunification, stability or attainment of another permanency goal for children and youth. Aftercare services are meant to be creative in their design and implementation and are provided post placement for up to one year or after In-Home Services for 6 months. Aftercare plans must focus on preventing children and youth from re-entering the formal child welfare system and include funds necessary for concrete goods, services, and other costs over the course of the year. Aftercare will be required for all levels of placement within the Improving Outcomes for Children Framework.

1.5 Agency has the meaning set forth in Section 7.8 (Audits Pursuant to Section 6-400 of the Home Rule Charter) below.

1.6 Aggregate Actual Cost means the sum of all Total Actual Costs incurred by Provider in provision of the Services.

1.7 Amendment means (a) a written modification or change to any Contract Document signed by both Parties and, as to the City, approved by the Law Department; and

(b) a Modification Notice (see Section 6.9 (Maximum Daily Rate, Days of Care or Units of Service (or combination thereof)) below).

1.8 Applicable Law means all applicable present and future federal, state or local laws, ordinances, executive orders, rules, regulations and all court orders, injunctions, decrees and other official interpretations thereof of any federal, state or local court, administrative agency or governmental body, including the City, the Commonwealth and the United States of America. Applicable Law includes, without limitation, the Charter, the Code, all public health guidance issued or promulgated by the City, the Pennsylvania Code and the specific laws set forth in Article XV (Additional Representations and Covenants of Provider Relating to Certain Applicable Laws) below, each as amended from time to time.

1.9 Applicant means a Person who has filed an application to be awarded a Non- Competitively Bid Contract.

1.10 Appropriated Fiscal Year has the meaning set forth in Section 6.4 (Crossing Fiscal Years) below.

1.11 CBES means Community Based Emergency Shelter, an emergency placement facility for delinquent or alleged delinquent children and youth.

1.12 Certification of Restrictions on Lobbying if required in the Contract Documents, means a certificate concerning lobbying referenced in or made part of to the Contract Documents.

1.13 Charter means the Philadelphia Home Rule Charter.

1.14 City means the City of Philadelphia, a corporation and body politic existing under the laws of the Commonwealth, and includes its various executive and administrative departments, agencies, boards and commissions, including the Department and City Council. The City is a City of the First Class under the laws of the Commonwealth.

1.15 City Agency has the meaning set forth in Subsection 17-1401(5) of the Code.

1.16 City Council means the Council of the City of Philadelphia, as described in Article

II of the Charter. City Council is the legislature of the City.

1.17 City Data means any and all records, documents, and data furnished by the City to

Provider in relation to the work required under the Contract; and all deliverables, work product(s), items of work and other Materials created by Provider as part of, or to perform work required under, the Contract. “City Data” does not, however, include any information that was known to Provider, prior to the commencement of its performance of the Contract, free of any obligation to keep it confidential; is proprietary to Provider; was generally known to the public at the time of receipt by Provider, or becomes generally known to the public through no act or omission of Provider; or was independently developed by Provider, unrelated to work performed for the City, and without knowledge or use of any information obtained from the City.

1.18 City-Related Agency has the meaning set forth in Subsection 17-1401(9) of the Code.

1.19 Code means The Philadelphia Code of Ordinances.

1.20 Commissioner means the Commissioner of the Department of Human Services of the City.

1.21 Commonwealth means the Commonwealth of Pennsylvania.

1.22 Community Behavioral Health or “CBH” means a Pennsylvania nonprofit corporation incorporated for the purpose of helping to ensure that Philadelphians with mental health and substance abuse needs receive the most appropriate and effective treatment in the least restrictive and most cost-effective setting.

1.23 Community Umbrella Agency or “CUA” means an agency located in a defined geographic area that provides a continuum of services to children and youth at risk of abuse, neglect, or delinquency.

1.24 Consultant has the meaning set forth in Section 17-1401 of the Code.

1.25 Contract means the agreement of the Parties evidenced by the Contract

Documents. References to this “Contract” shall mean this Contract as the same may be in effect at the time such reference becomes operative.

1.26 Contract Cost Principles means the “City of Philadelphia Contract Cost Principles and Guidelines,” as amended from time to time. This document specifies the Department’s guidelines for the qualitative and quantitative evaluation of contract services and materials, the determination of allowable costs, and the standards to determine the allowability of individual cost items. Copies are available from the Department upon request.

1.27 Contract Documents means these General Provisions, the Provider Agreement, the Limited License Agreement for the Cross Agency Response for Effective Services (CARES) (where applicable), and any and all other documents or exhibits incorporated by reference in either the General Provisions or the Provider Agreement, and any and all Amendments to any of these documents.

1.28 Contributions has the meaning set forth in the Pennsylvania Election Code (25 P.S. § 3241).

1.29 CRU means Central Referral Unit.

1.30 CWO means Child Welfare Operations of the Department. CWO was formerly known as the Children and Youth Division (“CYD”).

1.31 CYD Policy Manual (formerly the Operations Manual) means the document and its revisions which contains all of the policies of the Department’s Child Welfare Operations.

1.32 Department or “DHS” means the Department of Human Services of the City.

1.33 Departmental and Administrative Policy Directives means those protocols, memos, guidelines and policy or procedural directives regarding programs and operations of the various divisions of the Department that are issued to Providers by the Commissioner or Commissioner’s designee, which may include, but is not limited to, Deputy Commissioners, Policy and Planning, and Provider Relations and Evaluations of Programs (PREP).

1.34 Discharge Plan means the document submitted by Provider to the Department upon discharge of a child or youth from Provider’s agency. The Discharge Plan outlines the Services Provider has provided to the child/youth and the child/youth’s family, the effectiveness of those Services, and any additional services recommended by Provider.

1.35 Discharge Summary means a description of the Services provided to a child/youth and the child/youth’s family by Provider and a statement of the reasons for the child/youth’s discharge.

1.36 EPSDT means Early and Periodic Screening, Diagnosis and Treatment, a Pennsylvania Medical Assistance program initiative providing medical services to children and youth aged 0-21 years.

1.37 Event of Default means an event defined and identified in or pursuant to Section

12.1 (Events of Default) below.

1.38 Event of Insolvency means (a) the filing of a voluntary petition by Provider under the Federal Bankruptcy Code or any similar state or federal law; (b) the filing of an involuntary petition against Provider under the Federal Bankruptcy Code or any similar state or federal law which remains undismissed for a period of forty-five

(45) days; (c) Provider’s making of an assignment for the benefit of creditors; (d) the appointment of a receiver for Provider or for the property or assets of Provider, if such appointment is not vacated within forty-five (45) days thereafter; (e) Provider’s participation as a bankrupt, insolvent, or party in liquidation in any other proceeding under any bankruptcy or insolvency law or liquidation law, voluntary or otherwise; (f) Provider’s inability to pay its obligations as they mature; or (g) Provider’s insolvency as otherwise defined under any Applicable Law.

1.39 Family Court means that judicial division of the Court of Common Pleas for Philadelphia County with original jurisdiction over all matters pertaining to dependent and delinquent children and youth.

1.40 Financial Assistance has the meaning set forth in Section 17-1401(16) of the Code.

1.41 Fiscal Year means the fiscal year of the City, which starts on July 1 of the preceding calendar year and expires on the following June 30.

1.42 Form Authorizations means the “CRU Fax Cover Transmittal Sheet for Referral and Service Authorization” and “DHS After-Hours Fax Cover Transmittal Sheet for Referral and Service Authorization.” The authorization forms will provide Provider with the required documentation of proof or authorization to provide services to a child prior to accepting the child for service. Once the fax sheet has been received, Provider cannot make further requests for this form or for a Form 85-29 printout.

1.43 FSP means the Family Service Plan, the document prepared by the Department which outlines those Services required for the family of the child or children committed to, or under the supervision of, the Department.

1.44 Functional Expenditure Report means a report required by the Subrecipient Audit Guide detailing spending across budget categories.

1.45 General Provisions means this document, entitled “The City of Philadelphia Professional Services Contract General Provisions for Department of Human Services Contracts,” which contains the standard provisions required by the City in its professional services contracts for the Department of Human Services, and all exhibits or documents identified or incorporated in these General Provisions, as it or they may be amended from time to time.

1.46 HealthChoices means the program operating under a waiver from the Centers for Medicare and Medicaid Services (formerly Health Care Financing Administration) pursuant to Section 1915(b) of the Social Security Act, 42 U.S.C. 1396(n), to provide mandatory managed health care to Medical Assistance recipients in Bucks, Chester, Delaware, Montgomery and Philadelphia Counties.

1.47 Improving Outcomes for Children or “IOC” means the City’s multi-year reform plan to create a single case management system with distinct and well-defined roles for both DHS and Provider agencies.

1.48 Independent Audit Report means a report prepared by a Certified Public Accountant who, pursuant to the American Institute of Certified Public Accountants (AICPA) Professional Standards, is not (a) a member of the board of directors of Provider; (b) an officer or employee of Provider; or (c) a partner, director, officer or employee of a partnership, corporation or association who is a member of the board of directors of Provider, or a director, officer or employee of Provider.

1.49 Initial Term has the meaning set forth in Section 2.1 (Initial Term) below.

1.50 Intent to Adopt means that report which is required by the Adoption Act (23 Pa.

C.S. § 2531), to be filed with the Court of Common Pleas by the person or persons intending to adopt a child or youth, confirming said person or persons’ intent to adopt.

1.51 Interpretation; Number; Gender. The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Contract as a whole, including all of the Contract Documents, and not to any particular article, section, subsection or clause contained in the Contract Documents. Unless the context requires otherwise, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include the masculine, feminine and neuter genders.

1.52 ISP means the Individual Service Plan, that document prepared by Provider in accordance with the FSP, which identifies the specific Services Provider will render to the child and the child’s family.

1.53 JJS means the Juvenile Justice Services Division of the Department.

1.54 JPO means the Juvenile Probation Officer.

1.55 Materials means any and all reports, records, documents, documentation, information, supplies, plans, original drawings, specifications, computations, sketches, renderings, arrangements, videos, pamphlets, advertisements, statistics, and other data, computer tapes, computer software, and other tangible work product or materials prepared developed or obtained by Provider in connection with the Services, directly or through a Subcontractor, and supplied to the City or at the City’s direction pursuant to this Contract.

1.56 Medical Assistance or “MA” means that program authorized under Article IV(f) of the Public Welfare Code, which is administered in accordance with Title XIX of the Social Security Act (42 U.S.C. §1396), and the regulations from time to time promulgated thereunder, to provide for specific medically necessary medical services and items furnished to eligible recipients by approved providers enrolled in the program.

1.57 Mental Health Procedures Act means the law, codified at 50 P.S. §§7101-7503, as it may be amended from time to time, which governs the procedures for voluntary and involuntary mental health treatment in the Commonwealth.

1.58 Modification Notice means the written notice from the City to Provider that informs Provider of the City’s intent to modify the maximum daily rate, number of days of care or units of Services under this Contract. The Modification Notice operates as an Amendment to this Contract.

1.59 Non-Competitively Bid Contract has the meaning set forth in Section 17-1401 of the Code.

1.60 Out-of-Home Placement means those Services that involve placement of a child outside of the child’s home, including, without limitation, placement in a foster care home, a group home, a residential treatment facility, or any similar placement setting.

1.61 PA DHS means the Commonwealth Department of Human Services.

1.62 Party means either the City or Provider; “Parties” means the City and Provider.

1.63 Performance Based Contract or “PBC” means a contract model that incentivizes performance and ties Provider’s payment and contract renewal to performance outcomes.

1.64 Person means any individual, sole proprietorship, association, company, firm, partnership, limited partnership, joint venture, corporation, limited liability company or other form of entity or association recognized at law.

1.65 Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly to, a particular individual.

1.66 Placement Amendment means that document which is a part of the FSP and which identifies those Services that are required for a child who is placed outside of his or her home.

1.67 Policy Transmittals and Guides means those notifications to Providers of changes in Departmental protocols, memos, guidelines, policies or procedures of the Child Welfare Operations Division that are issued on an interim or emergency basis and which are incorporated into the CYD Policy Manual.

1.68 Professional Services Contract has the meaning set forth in Section 17-1401(15) of the Code, as it may be amended from time to time.

1.69 Provider means the Party providing Services and Materials to or at the direction of the City under the Contract.

1.70 Provider Agreement means the instrument by that name, part of the Contract Documents, which sets forth the terms, covenants and conditions specific to Provider’s initial engagement.

1.71 Provisional means conditional, pending confirmation or validation.

1.72 Referring Agency means the Department.

1.73 Responsible Official means the director, commissioner or other head of the

Department.

1.74 Scope of Services means the portion(s) of the Contract Documents, typically attached as an exhibit or as exhibits, setting forth the Services to be rendered and Materials to be provided under this Contract, the time frames within which the Services are to be rendered and the Materials are to be provided, and other requirements Provider must satisfy in rendering the Services and providing the Materials.

1.75 Services means the work to be performed under this Contract as specified in the Contract Documents.

1.76 Shared Case Responsibility means children and youth who are arrested as juveniles who themselves or their families have child protection, child welfare or dependency issues as well. The youth or family can be:

(a) Active with DHS for child protection or child welfare services at the time of the arrest;

(b) Reported to the DHS Hotline by the JPOs when they suspect from their initial assessment that there are child protection, child welfare or child dependency issues with the youth or family and the report is accepted for investigation; and/or

(c) Reported to the DHS Hotline by the JPOs at any time during their involvement with the youth when they suspect that there are child protection, child welfare or dependency issues with the youth or family and the report is accepted for investigation.

All children and youth for whom there is shared case responsibility require joint assessment and planning among JPOs, DHS Investigation Workers, when applicable, and CUA case managers along with other interested parties. Using their specific assessment tools, these parties identify family strengths and challenges, safety threats, educational, medical and behavioral health needs, community safety issues, etc. This is directed towards developing an appropriate plan, securing needed services, identifying resources, articulating outcomes to be achieved and making recommendations to the Court. Planning for youth and families involved with both systems must be done in a consistent, collaborative and thoughtful manner.

1.77 Single Case Plan means a coordinated plan that is developed in collaboration with the family and involves parents, children, youth, relatives, other kin, providers and all stakeholders. It is thorough, comprehensive and avoids overlapping or conflicting assessments, time limits and requirements. As a Single Case Plan assists with avoiding conflicting goals, objectives and timelines, it is more likely that the family will achieve positive outcomes.

This plan is developed, modified or revised during the Family Team Conference process. It is to be strength-based and focused on the children, youth and family.

It must also incorporate the recommendations of treatment providers when applicable.

The Single Case Plan must address all of the elements and timelines required by all applicable laws, policies, regulations, bulletins and special transmittals. It is intended to encompass the following as applicable:

(a) Family Service Plan;

(b) Child Permanency Plan;

(c) Placement Planning;

(d) Concurrent Planning;

(e) Visitation Plans;

(f) Transition Planning for Older Youth;

(g) Individual Service Plan;

(h) Discharge Planning;

(i) After-Care Plans;

(j) Fostering Connections to Success and Increasing Adoptions Act of 2008;

(k) Shared Case Responsibility;

(l) Restrictive Procedure Plan.

1.78 Subcontract means a contract made between Provider and a Subcontractor providing for the completion of some part or parts of the Services or Materials by a Subcontractor.

1.79 Subcontractor means a Person performing under a contract with Provider some part of the Services or Materials.

1.80 Subrecipient Audit Guide means the document entitled “City of Philadelphia Subrecipient Audit Guide,” which specifies the City’s audit requirements, as amended from time to time (copies are available in the Office of the Director of Finance of the City).

1.81 Suspension Notice means notice of full or partial suspension of the Contract served by the City on Provider pursuant to Section 14.2 (Termination or Suspension for Any Reason) below.

1.82 Suspension Period has the meaning set forth in Section 14.5 (Special Suspension Rules) below.

1.83 SWAN means the Statewide Adoption Network, a statewide adoption system which is administered by the Pennsylvania Council of Children’s Services under contract with PA DHS.

1.84 Term means the Initial Term and any Additional Term.

1.85 Termination Notice means notice of full or partial termination of the Contract served by the City on Provider pursuant to Section 14.2 (Termination or Suspension for Any Reason) below.

1.86 Total Actual Cost means the sum of all allowable expenses incurred by Provider in the provision of a particular Service under the Contract.

1.87 Transition means the planned progression and transfer of Services and Materials from Provider’s Contract to either another provider or another contract with the same Provider.

1.88 Transition Notice means a written notice from the City to Provider evidencing the City’s intent to transition the Services and Materials to be provided under this Contract to another provider or another contract with the same Provider.

1.89 Vacancy means the existence of an available bed in a placement program, or an available service unit or slot in a non-placement program.

ARTICLE II: TERM

2.1 Initial Term. The initial term (“Initial Term”) of this Contract is set forth in the Provider Agreement. The Initial Term cannot exceed one (1) year without authorization by ordinance of City Council.

2.2 Additional Terms.

(a) The City may, at its sole option, amend this Contract to add one (1) or more terms (each an “Additional Term”), such that the Initial Term and all Additional Terms combined do not exceed five (5) years, unless otherwise expressly set forth in the Provider Agreement. No Additional Term can exceed one (1) year without authorization by ordinance of City Council.

The City is expected to give Provider thirty (30) days’ written notice of its intent to amend this Contract to add an Additional Term prior to each Additional Term.

(b) In addition, the City may amend the Contract to add one or more Additional Terms to maintain necessary Services and Materials for the City pending the procurement process for a new contract for additional services and materials or solely to complete existing work.

(c) There shall be no liability or penalty to the City for electing not to amend the Term of this Contract to add one or more Additional Terms.

(d) At the City’s request, Provider shall promptly execute a Contract Document providing for an Additional Term. Unless otherwise stated in the Provider Agreement or in any Amendment, the same terms and conditions applicable in the Contract Documents prior to the Amendment shall apply in each Additional Term.

(e) Each Additional Term shall be subject to the availability of funds appropriated by City Council for such Additional Term. Each Amendment for an Additional Term of this Contract is a separate contract between the City and Provider.

ARTICLE III: PROVIDER’S DUTIES AND COVENANTS

3.1 Performance Requirements. Provider shall provide all Services and Materials in accordance with this Contract and applicable professional standards. All payments to Provider are contingent upon satisfactory performance of the terms and conditions set forth in this Contract, as determined in the sole discretion of the Commissioner.

3.2 Compliance with Applicable Law. Provider shall comply with the requirements of all Applicable Law with respect to Provider’s activities, Services, Materials and facilities used in connection with any aspect of this Contract. Provider shall access, use, store, and disclose Personal Information in accordance with Applicable Law and as applicable, Section 11.2 (Non-Disclosure and Destruction of Data). See also Section 15.9 (Terms and Conditions Relating to Protected Health Information).

Provider shall inform the Commissioner, in writing, of any notices of violations of any Applicable Law within forty-eight (48) hours of Provider’s receipt thereof, and shall correct any violations within the time prescribed by law, or immediately in the case of any emergency. In the case of out-of-state placements, the regulations of the licensing state and municipality, if any, shall apply except when such regulations are in conflict with PA DHS or City policies governing the maintenance and care of children and youth in its custody, in which case the more stringent standard shall apply.

(a) Title IV-E of the Social Security Act (“Title IV-E”) and Adoption and Safe Families Act (“ASFA”) and Applicable Law Compliance. In compliance with the requirements of Title IV-E, ASFA, and corresponding Commonwealth law, Provider agrees to do the following:

(1) Assure and document the safety of each child and youth for every face to face contact.

(2) If unsafe conditions exist, notify the Department immediately and document the steps taken to remedy the unsafe conditions.

(3) Provide timely outreach and services to families in accordance with the Single Case Plan.

(4) Utilize a concurrent planning process while other possible permanent alternatives, including a primary goal of reunification, are being explored.

(5) Document reasonable efforts exercised by Provider to accomplish the Single Case Plan goals and objectives.

(6) Document and notify the Department when the parent(s) fail(s) to maintain substantial and continuing contact with their child or children.

(7) Document and notify the Department when there exist, or Provider believes there exist, compelling reasons not to file a petition to terminate parental rights of a child or youth who has been in placement fifteen (15) of the previous twenty-two (22) months.

(8) Document and notify the Department when there exist, or Provider believes there exist, aggravated circumstances (as defined by the Juvenile Act, 42 Pa.C.S.A. 6301 et seq.).

(b) Compliance with Title VI of the Civil Rights Act of 1964. The Department, as a recipient of federal funding from the federal Department of Health and Human Services, is bound by Title VI of the Civil Rights Act of 1964 and its implementing regulations to take reasonable steps to provide meaningful access to its programs and activities by its language minority populations. In keeping with this mandate, the Mayor of Philadelphia has issued an Executive Order titled “Access to Federally Funded City Programs and Activities for Individuals with Limited English Proficiency” dated September 29, 2001, requiring that reasonable steps be taken to ensure that all citizens of the City have access to programs and activities without regard to English proficiency.

Provider agrees to cooperate fully with the Department in its efforts to achieve full compliance with this mandate. Provider will assess the level of services provided to clients with limited English proficiency, report those findings to the Department within the timeframe and in the format requested, and take any additional actions that may be requested by the Department from time to time to ensure compliance with Title VI of the Civil Rights Act of 1964.

(c) Compliance with the Prison Rape Elimination Act of 2003 (PREA) PL 108-79, 42 U.S.C. Chapter 147 §§ 15601-15609. Provider agrees that if it is providing services to delinquent children, children held pursuant to a delinquent petition, or services relating to the confinement of children in any way, then Provider shall be obligated to comply with the Prison Rape Elimination Act of 2003 and all related standards, as they may be amended from time to time.

(d) Fostering Connections to Success and Increasing Adoption Act of 2008. Provider shall collect and provide appropriate documentation at a minimum of every six (6) months that all youth turning eighteen (18) years old are notified of the right to remain in care or re-enter care until twenty-one (21) years old if they continue to meet the definition of “child” under the Juvenile Act and the court grants their request.

(e) Activities and Experiences for Children in Out-of-Home Placements

Act of 2015. Provider shall comply will all requirements of the Activities and Experiences for Children in Out-of-Home Placements Act of 2015, including, without limitation, the reasonable and prudent parent standard established by the Act and all policies and regulations established by PA DHS related to the Act.

(1) If Provider operates an Out-of-Home Placement setting other than a resource family home, such as: a group home, shelter, residential treatment facility (“RTF”), institutional care facility or other similar placement setting, then Provider shall designate an individual to provide decision-making authority under the reasonable and prudent parent standard for children residing in Provider’s care in accordance with staffing and supervision requirements applicable to the placement setting. The individual designated shall consult with all appropriate DHS, CUA and Provider caseworkers or staff members who are most familiar with the child in applying and using the standard.

(2) If Provider operates resource family homes, such as: foster homes, kinship homes or other similar placement settings, then Provider shall provide training and monitoring of the resource families regarding the application and use of the reasonable and prudent parent standard.

(3) Consistent with Section 3.5 (Subcontracts) below, Provider shall require these same provisions in each of its Subcontracts for Out-of- Home Placement services, with appropriate substitution of party identities.

3.3 Additional Services and Materials; Change in Scope of Services. Except as set forth in Section 6.8 (Monitoring of Fund Utilization) below, at any time during the Term of this Contract, the City may, by written change order or request delivered by notice to Provider, make changes to the Scope of Services under this Contract, and the Parties will, if appropriate, negotiate an adjustment in compensation, subject to the availability of funds appropriated by City Council, if necessary.

Provider shall not commence to perform or provide, and the City shall not pay for, any services or materials not included in this Contract (the “Additional Services and Materials”) unless and until Provider receives written pre-authorization (by change order or other request) from the Commissioner that specifies the Additional Services and Materials to be provided. In no event shall the rates charged by Provider for said Additional Services and Materials exceed the lowest of (a) Provider’s then current standard rates for such Services or Materials; (b) such rates as the City and Provider may have negotiated for this Contract, as set forth in the Contract Documents; or (c) the lowest rate or rates that Provider may then be charging to other purchasers of like services and materials. If Provider requests changes to the Scope of Services, Provider must demonstrate to the satisfaction of the City, in its sole discretion, that the changes are necessary and not due to the acts or omissions of Provider. The City shall not pay Provider additional compensation above the limit set forth in the Provider Agreement unless a written Amendment to this Contract increasing the applicable limit is duly executed by the Parties. The City shall have no responsibility or liability whatsoever for any fee, or for costs incurred by Provider for any services, materials or other costs or expenses, other than the Services and Materials and any duly approved Additional Services and Materials.

3.4 Responsibility.

(a) Notwithstanding the acceptance and approval by the City of any Services performed or Materials provided, Provider shall continue to be responsible for the professional quality, technical accuracy and the coordination of all Materials and Services provided by Provider under this Contract. Provider shall, upon written request by the Responsible Official, publicly confirm whether the Materials and Services met all applicable standards, including those under Section 3.1 (Performance Requirements) and this Section, and publicly present the Materials and Services to the satisfaction of the City.

Provider shall, without additional compensation, promptly and diligently correct any errors, defects, deficiencies or omissions in Provider’s Materials and Services. The requirements of this Section shall survive the termination or expiration of the Contract.

(1) Plan of Correction. This section applies to Providers who have been or who may be requested to submit a Plan of Correction (“POC”) to DHS regarding performance concerns. Provider acknowledges that DHS, by requesting a POC, does not resolve or waive the issues raised by DHS under any other notices and other communications and that under the Contract (and as it may be amended from time to time) Provider remains under the duty to explain and rectify any matters that have been or may be raised by DHS or its designee.

Provider agrees that the final accepted POC (and if applicable, any DHS addendum to a POC) is incorporated by reference into the Contract. By signing this Contract, Provider agrees to be bound by the additional terms and conditions of any POC submitted by Provider and any addendum submitted by DHS. Failure to submit or comply with the terms of the POC shall constitute an Event of Default as prescribed in Sections 12.1(a) and (c) below, permitting DHS to exercise the remedies available in Section 13.1 (The City’s Remedies), including, but not limited to, termination of the Contract.

By entering into a contract with Provider while requesting a POC, DHS reserves and does not waive its rights to enact Section 3.1 (Performance

Requirements), to rely on Section 3.4(b) (Responsibility) and/or to invoke Article XIV (Transition, Termination and Suspension) of the General Provisions for any of the reasons provided nor does it waive any remedies available under Article XIII (Remedies).

(b) Furthermore, by entering into a contract with DHS and/or continuing performance under this Contract while submitting a POC, Provider maintains its obligation to comply with all of the provisions of Article III (Provider’s Duties and Covenants) of the General Provisions. The City’s review, approval or acceptance of, or payment for, any of the Materials and Services required under this Contract shall not constitute any representation, warranty or guaranty by the City as to the substance or quality of the matter reviewed, approved or accepted and shall not be construed to operate as a waiver or estoppel of any of the City’s rights or privileges under this Contract or of any cause of action arising out of the performance of this Contract. No Person shall have any right to rely in any way on the City’s review, approval or acceptance of Provider’s Services or Materials.

Provider shall be and remain liable in accordance with this Contract and Applicable Law for all damages to the City caused by Provider or the Services or Materials provided by Provider. Review, approval or acceptance by the City or the Commissioner under this Contract shall not constitute approval otherwise required by any City department, board, commission, or other regulatory agency in the exercise of such department’s, board’s, commission’s or agency’s independent regulatory authority or police powers under Applicable Law.

(c) Without limiting Provider’s responsibility as set forth above, if any act or omission of Provider or error or deficiency or omission in the Services or Materials provided by Provider requires any change in the Scope of Services or any portion thereof, Provider shall promptly complete such change at no additional cost to the City.

3.5 Subcontracts.

(a) Provider shall not delegate or enter into any Subcontract for the performance of any of its obligations under this Contract, in whole or in part, without on each occasion first obtaining the written consent of the Commissioner or Commissioner’s designee.

(b) Provider shall submit a completed Subcontractor approval request form for each proposed Subcontractor in order to obtain the necessary aforementioned written consent of the Commissioner. New approval requests are to be completed for each contract term as approval is only valid for a maximum of one year.

(c) Provider shall submit copies of all proposed Subcontract(s) to be entered into by Provider, along with Provider’s written request for the City’s consent. All such Subcontracts must specify, effective on the date of the Subcontract, that:

(1) Work performed by Subcontractor shall be in conformity with the terms of this Contract.

(2) Nothing contained in such Subcontract shall be construed to impair the rights of the City under this Contract.

(3) The City’s consent to or approval of any Subcontract shall not create any obligation of the City to any Subcontractor.

(4) Nothing contained in such Subcontract, or under this Contract, shall create any obligation of the City to any Subcontractor.

(5) The City is expressly designated a third-party beneficiary of the Subcontract.

(6) Upon request by the City, at the City’s sole option, and upon receipt of written notice from the City stating that this Contract between the City and Provider has been terminated, Subcontractor shall continue to perform its obligations under the Subcontract for the benefit of the City in conformity with the terms and conditions of this Contract, provided the City pays Subcontractor for the Services rendered and Materials provided by Subcontractor from and after the date of the termination of this Contract between the City and Provider at the same rate or in the same amount as set forth in the Subcontract for those Services and Materials provided by Subcontractor after such date of termination.

(7) Subcontractor, at any tier, shall be bound by the same terms, covenants and conditions as Provider under this Contract, including, without limitation: Confidentiality, Availability and Retention of Records, Inspection, all audit requirements, Independent Audits, Compliance Audit Reports, audits and inspection by government representatives, Placement and Referral Process requirements, Insurance, Indemnification and Litigation Cooperation requirements. Any item required to be submitted to the City under this section shall be submitted to the City directly, with a copy to Provider, unless otherwise directed by the Commissioner or Commissioner’s designee in writing. Regarding insurance, the Subcontractor shall be bound by the same minimum insurance requirements as Provider listed in Article X (Insurance), with the exception of the Umbrella Liability Insurance, which shall not be required.

(8) Under each Subcontract, Subcontractor shall be subject to quality assurance, fiscal and performance reviews which include site evaluations and inspection of records, that will be directed at compliance of state and federal law and regulations, including, but not limited to, Title IV-E of the Social Security Act, Temporary Assistance for Needy Families (“TANF”), the Public Welfare Code

(including Act 148), the Child Protective Services Law and compliance of the requirements under this Contract.

(9) Subcontractor presently, fully and unconditionally assigns, transfers and sets over to the City all of Subcontractor’s right to and title and interest in any sales and/or use tax which may be refunded as a result of a claim for refund for any materials purchased in connection with the Subcontract or this Contract, and otherwise has all obligations to the City that Provider has pursuant to Section 3.10 (Sales and Use Tax) below.

(10) Subcontractor shall not be indebted to the City, and shall have all obligations to the City that Provider has pursuant to Subsection 4.1(f) (No Indebtedness to the City) and Subsection 4.1(g) (Commercial Activity License) below.

(11) Subcontractor shall comply with Chapter 17-400 (Payment or Reimbursement of Employee Expenses Associated with the Use of Exclusionary Private Organizations) of the Code, and shall have all obligations to the City and to Provider that Provider has pursuant to Section 15.2 (Chapter 17-400 of The Philadelphia Code:

Exclusionary Private Organizations) below.

(12) Subcontractor shall comply with Section 17-104 (Prerequisites to the Execution of City Contracts) of the Code, and shall have all obligations to the City that Provider has pursuant to Sections 15.6 (Northern Ireland) and 15.8 (Business, Corporate and…