PO25-040 Title IV IFB CO2.docx

Department of Children and Family Services Contract PO25-040 DCFS Title IV Assistance C.O. 2 05/02/2025

25-418DCFS-PROCU-B-42315

The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

1. SCOPE OF WORK

1.1. OVERVIEW AND PURPOSE:

Title IV-E of the Social Security Act authorizes the federal-state Foster Care, Prevention, and Permanency program. Under this program states are entitled to federal reimbursement for a part of the cost of providing foster care to children who, typically, due to abuse or neglect in their own homes, are removed from that home and placed in foster care. Separately, Title IV-E assistance is also available for eligible children leaving foster care for new permanent homes via adoption and, in states electing to provide this kind of IV-E support, legal guardianship. Further, the Family First Prevention Services Act (FFPSA, Div. E, Title VII of P.L. 115-123), amended the Title IV-E program to authorize support for certain evidence-based services to prevent the need for children to enter foster care. Eligibility rules for each of these IV-E components varies: The income test effectively applies in all Title IV-E kinship guardianship cases and also to a limited number of Title IV-E adoption assistance cases However, no income test will apply with regard to receipt of the newly authorized Title IV-E prevention services.

The DCFS Court Tracking system is populated with new cases daily and is designed to track and report findings of all Title IV-E initial court findings. The Court Tracking System is the first step in the State’s Eligibility Determination process.

1.1.1. All Technical Support must be conducted internally by the Vendor.

1.1.2. DCFS system contain Personally Identifiable Information (PII).

1.1.3. The Vendor will be required to have all employees handling work on this contract to be background checked.

1.1.4. The Vendor will work with DoIT and DCFS IT for any coding changes or platform updates.

Children in foster care must meet certain eligibility requirements in order for a state to claim federal IV-E support for a part of the costs of providing them with a foster care maintenance payment (roughly speaking, a room and board payment made to the family or group/institution where the child is placed), for related caseworker activities on behalf of the child in foster care (e.g., permanency planning, including monthly caseworker visits), and for other program administration, including training, costs. A child’s eligibility for Title IV-E foster care maintenance payments is based on multiple criteria. First, responsibility for the child’s care and placement must rest with the state or tribal child welfare (Title IVE) agency.

The Department of Children and Family Services (DCFS) is seeking assistance with the gathering of documentation to support Social Security Title IV-E determinations of eligibility. The successful bidder will be required to obtain and review all initial court orders and petitions and maintain and enter information into DCFS’ court tracking system for all pending determinations of eligibility for youth entering the Department’s care. The vendor will also be given access to all applicable computer programs to obtain financial information to support the eligibility determinations. The supporting documentation will then be provided to the DCFS Federal Financial Participation (FFP) Unit for final eligibility determination.

The current DCFS population is approximately 19,000 youth. Approximately 600 youth enter the Department’s care each month. The FFP Unit currently has 3,000 determinations “in-process” and vendor is expected to aid reducing the “in-process” determinations to two months intake. Department’s federal reimbursement is directly dependent on the completion of eligibility determinations, so the vendor will need to produce documentation quickly to maximize the Department’s reimbursement of costs of care.

For reference:

The number of new cases opened:

The overall goal for the vendor is to provide completed files to the FFP Unit on all new applications (approximately 600 per month) within the following timelines:

20% of files completed within 14 days.

80% of files completed within 40 days.

100% of files completed within 60 days.

Vendor is expected to reduce the “in-process” determinations concurrently while meeting the goals outlined above for new determinations. It is expected the “in-process” determinations will be completed within 180 days of contract execution. There are currently approximately 3,000 “in-process” determinations in various stages of completion.

It is expected additional resources will be required during the first 6 months of the Contract to simultaneously eliminate the “in-process” determinations while processing approximately 600 new determinations per month. Once “in-process” determinations are eliminated, the vendor should expect a steady flow of new determinations for the remainder of the Contract. A chart detailing new determinations for calendar year 2023 can be found in the chart above. Please note, there has been a steady increase in new cases over the past few years, and the Department expects this trend to continue into the foreseeable future. Vendor will receive initial application from DCFS.

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

1.2.1. Vendor shall gather supporting documentation for initial determination of Title IV-E.

1.2.2. Vendor shall be responsible for all three findings (Placement and Care Responsibility, Contrary to the Welfare finding and Reasonable Efforts to Prevent Removal finding) required for Title IV-E eligibility claiming; this portion of the documentation is complete when the result of the three findings is entered into the Court Tracking System (Attachment A). Copies of the initial court order and petition will be merged with the next portion of the documentation. The State cannot proceed to determine eligibility without first completing the requirements of the Court Tracking system.

1.2.3. Vendor shall be responsible for all I.T. related updates within the DCFS Court Tracking system.

1.2.4. DCFS reserves the right to request vendor prioritize and rush specific applications with a 5–10-day turnaround time. Priority requests shall not eliminate the vendor’s obligation to meet the processing timelines for the rest of the applications. For reference: initial applications are three pages, one sided, and DCFS currently averages 600 or more new determinations per month.

1.2.5. The vendor must obtain copies of all applicable date stamped petitions and court orders for each initial determination of eligibility from the caseworkers. The court order or petition refers to and must be the first legal order during the current placement episode. Examples include:

1.2.5.1. Temporary Custody order

1.2.5.2. Shelter care order

1.2.5.3. Disposition order

1.2.5.4. Juvenile Arrest Warrant

1.2.6. Vendor must review court orders for any findings (see Attachment A page 19 for more information) and update the Court Tracking System with the results.

1.2.7. If the necessary findings found in Attachment A page 19, as required by the Social Security Act Sec. 472. [42 U.S.C. 672] (a), are not in the court order, the vendor must obtain the court transcript. Vendor may request assistance in facilitating requests for court transcripts from the applicable DCFS Office of Legal Services based on the geographical region of the Juvenile Court case. Transcripts are created by individual court reporters working with or for the applicable county. Some counties have a centralized court reporting system in which the vendor must pay the county directly, other counties employ independent court reporter(s) and the vendor is required to pay the court reporter directly. Please note, some court reporters require payment in advance to receiving the court transcripts. The court reporter will send the transcript and the invoice directly to the vendor. The transcripts must come either in a PDF form or paper. DCFS Office of Legal Services responsibility shall be limited to facilitating the transcription request.

1.2.8. DCFS will add a not-to-exceed annual allowance into the awarded vendor’s Contract for court transcript fees. Court transcript fees shall be billed monthly at actual cost with evidence of payment. Vendor is required to pay court transcript fees within 30 calendar days of receipt of an approved court transcript.

1.2.9. If upon review of court orders, vendor identifies a county with a pattern of language that does not meet Title IV-E requirements, vendor shall notify FFP staff immediately within 5 business days.

1.2.10. Vendor must match petitions/orders with initial paper applications.

1.2.11. Vendor is required to develop a process/system to organize and maintain the documents collected until they are returned in full to FFP.

1.2.12. Vendor shall Run Clearances: Run/Print/Compile initial clearances to document household, deprivation, and income (1996 AFDC criteria) (see Running Clearances Overview (Attachment B) for more information).

1.2.13. Forms must be in the following order:

1.2.13.1. Initial removal order, petition, transcripts.

1.2.14. The awarded vendor’s staff will be individually granted access, as needed, for each of the required systems below and trained to locate necessary documentation by DCFS FFP staff. Please note, some systems have special requirements for access, vendor’s staff will only be granted access upon meeting all requirements. Vendor must have a plan to ensure timely access to these systems to meet the required “in-process” application timelines.

1.2.14.1. IES/PACIS – Department of Human Services Integrated Eligibility System (IES)/ Public Assistance Client Information System (PACIS): Part of the IDHS/DPA information system used in the determination of eligibility.

1.2.14.2. KIDS – Healthcare and Family Services (HFS) Child Support Computer System.

1.2.14.3. AWVS – Illinois Department of Employment Security (IDES) income verification information requires vendor’s staff to sign an agreement and complete online training prior to access.

1.2.14.4. SOLQ – State On-Line Query, (DCFS will prepare and submit “Contractor Document” to Social Security Administration (SSA) once the Contract has been executed and vendor’s staff identified).

1.2.14.5. Integrated Assessment – Document found in DCFS Statewide Automated Child Welfare Information System (SACWIS) System.

1.2.14.6. Investigatory Summary – Document found in DCFS SACWIS System.

1.2.14.7. Case Notes – Available in DCFS SACWIS System

1.2.14.8. Clearance Tracking System.

1.2.14.9. DCFS Legacy systems. Illinois Mathematics and Science Academy (IMSA) and Child and youth Centered Information System (CYCIS).

1.2.14.10. Form 458-B from the caseworker.

1.2.14.11. Illinois Connection with Social Security (IMSH).

1.2.15. When necessary, the Vendor shall follow up with the caseworker to obtain clarifying information from parents based on the information received from the sites above.

1.2.15.1. When documentation is fully obtained, vendor must merge the above documentation with the application and petition/court order for delivery to FFP. Vendor shall develop a process to ensure documentation is provided in a consistent complete format in compliance with Attachment A and approved by the FFP Unit.

1.2.15.2. Vendor shall provide secure transportation for initial applications must come over in paper form as it pertains to Section 1.5. Vendor’s transportation method must be approved by DCFS FFP unit.

1.2.15.3. Vendor shall return all completed files in a secure confidential manner approved by FFP and shall label each folder with the application number provided by FFP. Vendor is responsible for providing these standard 1/3-tab letter size manila file folders and shall include the cost of mail/delivery and file costs for them in their bid price. For reference: the completed files are approximately 30-50 pages, one sided and DCFS currently averages 600 or more new determinations per month.

1.2.16. Title IV-E Review of Ongoing Reasonable Efforts (RE) Finding

1.2.16.1. The Department is seeking assistance with ongoing Title IV-E foster care eligibility, the court must make a judicial determination of reasonable efforts to finalize a permanency plan within 12 months from the date the child is considered to have entered foster care and at least once every 12 months thereafter while the child remains in foster care. Court orders are the supporting documentation associated with proving this requirement has been met. DCFS FFP will need orders associated with ongoing reasonable efforts obtained from county courts and/or caseworkers throughout the State to ensure RE findings are being made accurately and timely.

1.2.17. Vendor shall notify caseworkers and DCFS attorneys when the following issues occur:

1.2.17.1. DCFS case is currently approaching 12 months without a RE finding.

1.2.17.2. DCFS case is currently non-compliant due to a NO RE finding and the caseworker needs to get back into court to correct the issue.

1.2.17.3. Court order failed to mark the proper finding of a successful RE decision.

1.2.17.4. Judge has made no finding; caseworker needs to correct issue and get back into court for a favorable RE finding.

1.2.18. The Vendor shall provide General Assistance to the Department upon request. General Assistance may include, but shall not be limited to:

1.2.18.1. Provide additional training as requested/necessary,

1.2.18.2. Make recommendations to the Agency on the need for specific assistance and/or updates to state and federal system requirements:

1.2.18.3. Provide planning, development, and implementation support related to the Social Security Title IV-E. The Implementation plan breaks down the project implementation process by defining the timeline, the teams and the resources that were needed. It also outlines how the project was executed, monitored and completed.

1.2.18.4. Assist with any new federal reporting requirements which may arise during the contract period.

1.2.19. Vendor will be notified of all new cases via the DCFS Court Tracking system.

1.2.20. Vendor will be granted access to the DCFS Court Tracking system.

1.2.21. Vendor’s staff will be provided an Illinois.gov email account.

1.2.22. Vendor will obtain a copy of petition and initial court order removing youth from the home and placing in foster care from DCFS Division of Child Protection (DCP), Child Welfare Contributing Agency (CWCA) caseworker, or, in extenuating circumstances, from DCFS Office of Legal Services.

1.2.23. Caseworkers are to scan copies of court orders and petitions to the FFP Initial Court Order/Petition email box, vendor will be granted access to the email box and is expected to manage incoming court orders and petitions sent to the box. Vendor is expected to file these documents as received in the corresponding application file and respond as necessary for additional information or acceptance of the document provided. Vendor will redirect incoming email not intended for this mailbox or forward to DCFS FFP staff.

1.2.24. Vendor will be given access to DCFS’s internal website system, which provides a comprehensive staff directory and organizational chart.

1.2.25. Vendor shall escalate caseworker non-responses to applicable DCFS Operations staff after 3 business days based on the geographical region of the case. Please note, the court case is not always in the same geographical location as the caseworker.

1.3. MILESTONES AND DELIVERABLES:

1.3.1. Vendor shall be ready to begin work on contract execution. The awarded Vendor shall be prepared to provide the names of proposed staff as soon as notified by DCFS, but no later than contract execution. All proposed staff for this Contract must undergo a complete background check conducted by the Department at the Department’s expense. Proposed staff must already have fingerprints on file with the Department or must go to one of the Department’s fingerprint vendor locations for printing to begin the background check process. No staff will be cleared to begin work until the background check processed has cleared them. DCFS would prefer to begin processing background checks prior to Contract start date to ensure vendor is fully operational by contract execution. Please see State Supplemental Terms and Conditions, Section labeled BACKGROUND CHECK for additional information on the background check process.

1.3.2. The overall goal for the vendor is to provide completed files to the FFP Unit on all new determinations (approximately 600 per month) with in the following timelines:

1.3.3. Vendor is expected to reduce the “in-process” determinations concurrently while meeting the goals outlined above for new determinations. It is expected the “in-process” determinations will be completed within 180 days of contract execution. There are approximately 3,000 “in-process” determinations.

1.3.4. Once “in-process” determinations are eliminated, vendor is expected to have no more than 1,500 initial applications “in-process”, according to DCFS logs, at any given time throughout the life of the Contract. 1,500 or fewer pending initial applications shall be considered “current” and within the 60-day timeline outlined above.

1.3.5. DCFS maintains a log of cases and will monitor the vendor’s performance until the cases are returned to DCFS FFP in full.

1.4. VENDOR SPECIFICATIONS:

Vendors shall complete the “Vendor Narrative” section below to explain how they meet the requested information. The narratives will be used only to demonstrate that the vendor meets the specification. Vendors who do not provide the requested information, may be considered non-responsive. Vendors shall not use links in response to this solicitation.

The Vendor must have experience with Social Security Title IV-E determinations of eligibility related to the following: https://www.congress.gov/bill/115th-congress/house-bill/1892

Obtaining and reviewing all initial court orders and petitions as identified in Section 1.2.

Maintaining and entering information into a court tracking system for all pending determinations of eligibility for youth entering care as identified in Section 1.2.

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Vendor must have a minimum 2 years’ experience with at least one successful contract for all services listed.

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Vendor must have a minimum of 2 years’ experience with providing a management and customer relationship team that will be responsible for managing the DCFS relationship in the event of being awarded the contract.

Vendor must provide names, titles, and prior account management experience for accounts with services similar to the services being requested by in this IFB.

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Vendor must have a minimum of 2 years’ experience of processes for encouraging, providing, and validating training regarding the Title IV laws, acts, decrees and procedures impact on an organization along with skill development of resources. In addition, please explain the procedures you use to ensure the continued skill development of your resources.

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The Vendor must have a minimum of 2 years’ experience in executing an Implementation Plan evidencing the vendor’s knowledge of Title IV-E Federal Eligibility criteria and applicability to State of Illinois policy. The Implementation plan breaks down the project implementation process by defining the timeline, the teams and the resources that were needed. It also outlines how the project was executed, monitored and completed.

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The Vendor must have a minimum of 2 years’ experience in similar projects that are specific to Title IV-E Federal Financial eligibility programs and experience working with the systems in a similar capacity and familiarity with child welfare programs.

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The Vendor shall have no less than 2 years of experience in similar projects that are specific to Title IV-E Federal Financial eligibility programs and a minimum of 2 years of experience working with the systems in a similar capacity and familiarity with child welfare programs.

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The Vendor shall have no less than 2 years of experience in IT experience in interfacing with state IT systems and a minimum 2 years of experience in complying with the requirements.

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STAFF SPECIFICATIONS

1.4.1. The Vendor must identify Key Personnel by position, with job descriptions, and provide resumes of specific individuals who will be assigned to work this Contract with their bid submittal as identified in the below sections 1.4.2., 1.4.3.,1.4.4.

1.4.2. The Vendor’s Key Personnel must include no less than a Project/Program Manager, Legal Support, IT professional(s) and support staff assigned to assist in the performance of this Contract.

1.4.2.1. Legal support position is utilized to maintain contact with regional and county attorneys. This position helps facilitate specific problematic issues related to court orders and findings.

1.4.3. The Vendor shall assign at least one (1) individual designated as Key Personnel who has a minimum of two (2) years of experience in similar projects, related to Title IV-E federal financial eligibility programs, and that will coordinate all activities and shall be the lead point of contact for this contract. At least one (1) of the Key Personnel must also have working knowledge of at least two (2) of the required systems identified above in Section 1.2.13. and be familiar with child welfare programs. Key staff member(s) must be available 5 state business days a week from 7:30 am – 5:00pm, excluding state holidays, unless preapproved by DCFS with ability to travel to meetings with DCFS staff throughout the state as needed.

1.4.4. IT Staff may include but not limited to: Senior Mainframe Developer, Senior Web-based Developer and Help Desk identified by the Vendor shall possess a combination of the following skills and experience:

1.4.4.1. Experience working with or for federal agencies with whom the State interfaces including Social Security Administration, Internal Revenue Service, Centers for Medicare & Medicaid Services. Certified Information Systems Security Professional (CISSP) or documented training in the field of Security and Risk Management, Software Development Security, Security Assessment and Training, or Security Operations. IT Infrastructure Library (ITIL) certification Practitioner (or higher). Documented training or experience with capacity planning, including: The ability to predict and forecast the future requirements of an IT environment and its associated essential entities, services, and components.

1.4.4.2. The vendor is responsible for the coding and platform updates that are migrated and moved into production on state servers.

1.4.5. The Vendor shall provide training manuals and all additional training materials for each person in each training.

1.4.6. The trainings may be in person, virtual, or hybrid, at the discretion of DCFS. In person trainings will be held in the State of Illinois. DCFS will collaborate with the Vendor to coordinate the training schedules and locations.

1.4.7. The Vendor shall provide a certification of completion to each staff that passes the collaborative training.

1.4.8. The Vendor must ensure that its assigned personnel backgrounds, expertise, and management support are such that it will always meet the needs of this contract.

1.4.9. Vendor shall have ongoing initiatives and program to minimize turnover and absenteeism and provide a copy of such initiatives and programs upon request.

1.4.10. Vendor shall have ongoing initiatives to recruit qualified individuals seeking employment. Vendor’s documents and information, both physical and online content, are available to individuals’ seeking employment. DCFS may request a copy of such initiatives at any time.

1.4.11. Upon approval of assigned personnel that will be utilized on a project, Vendor shall be responsible for providing sufficient staff to minimize service disruption.

1.4.12. In the event one of the identified team members is unable to complete the entire contract term, the Vendor must submit a replacement candidate with the same or greater qualifications.

1.4.13. The Department reserves the right to request removal/replacement of team members due to non-performance. The Department will notify the vendor of non-performance based upon the project they are working on. If such a request is made, the Vendor shall have fifteen (15) calendar days from the notification date of DCFS to locate a replacement candidate with the same or greater qualifications.

1.4.14. Reporting, Status and Monitoring Specifications

1.4.14.1. The Department will monitor appropriate use of IT systems, completeness, and consistency of completed files, and processing times of completed files for evidence of success of the project.

1.4.14.2. Contract Monitoring:

1.4.14.3. Vendor is responsible for the faithful performance of the contract and shall have internal monitoring procedures and processes to ensure compliance. The Department reserves the right to monitor and track Vendor’s performance over the course of the contract.

1.4.14.4. In appropriate circumstances, the Department and the Vendor must work together to develop a performance scorecard with conditions, milestones, requirements, or timetables that must be met before additional steps may be taken or payment is due. The scorecard may additionally record matters related to price, service, quality, and other factors deemed important.

1.4.14.5. The Vendor shall cooperate with the Department in this monitoring and tracking activity, which may require that vendor report progress and problems (with proposed resolutions), provide records of its performance, allow random inspections of its facilities, participate in scheduled meetings, and provide management reports as requested by the State.

1.5. TRANSPORTATION AND DELIVERY:

1.5.1. Acceptable means of transportation include USPS, or substantially similar service offered by competitors, Priority Mail with Signature Confirmation Service, contents shall be enclosed in an opaque inner and outer cover or envelopes. The inner cover or envelope will be sealed and marked with Confidential, the address of the sender and of the addressee. Signature receipt will be returned to the sender and signed by the recipient. The outer cover or envelope will be sealed and addressed with no identification of its contents. Alternatively, a specialized bonded, and insured courier service accustomed to handling confidential information may be utilized by the vendor.

1.5.2. vendor shall arrange and include the cost to deliver all completed files to 406 E. Monroe, Springfield, IL 62701, Station 430 in their bid price.

1.6. SUBCONTRACTING:

Subcontractors are allowed.

1.6.1. Will subcontractors be utilized? |_| Yes |_| No

A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract.

All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor.

1.6.2. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each.

· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text

· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text If additional space is necessary to provide subcontractor information, please attach an additional page.

1.6.3. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor.

1.6.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to this Contract. Any subcontracts entered prior to award of this Contract are done at the sole risk of the Vendor and subcontractor(s).

1.7. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.

Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work

· Location where services will be performed: Click here to enter text Value of services performed at this location: Click here to enter text

· Location where services will be performed: Click here to enter text Value of services performed at this location: Click here to enter text

2. PRICING

2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is estimated.

2.2. VENDOR’S PRICING: Vendor’s pricing is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing. Each budget must represent the vendor’s proposed costs to provide the required services for each of the contract years. The budget must list the hourly rates for each staff person.

2.2.1. Vendor’s Price for Court Transcript Fees Per Fiscal Year $20,000.

2.2.2. The approved transportation expenses such as mileage and parking must be reimbursed at a rate cannot exceed that allowed by the State of Illinois Travel Regulation Council and Governor’s Travel Control Board Rules found at https://cms.illinois.gov/employees/travel.html.

2.3. Pricing must be submitted for one budget for each complete fiscal year.

2.3.1. Pricing Table Positions Not Limited to or equivalent: You must enter in the line items in Bidbuy.

2.4. Economic Adjustment

2.4.1. The prices in this Contract must remain firm for the first year after the execution date of the Contract. Thereafter, one upward price adjustment may be applied no more frequently than once during any given twelve (12) month period.

2.4.2. All adjustment requests shall be made in writing. Vendor shall not be entitled to apply an upward price adjustment without first obtaining approval of such request from the Department of Children and Family Services Office of Procurement

2.4.3. For each subsequent year of the initial term of the Contract, unless otherwise agreed by the parties, the rate shall increase by the lesser of: (a) 2.5%; or (b) the increase in the Consumer Price Index, calculated as the percentage change in CPI-W from July 1 of the preceding calendar year to July 1 of the calendar year in which the price increase will become effective.

2.4.4. Verifiable documentation of such changes, including but not limited to, invoices or official price bulletins, etc., from the Vendor’s supplier, shall be provided with the request for economic adjustment in order to substantiate any requested change. The State reserves the right to consider various pertinent information sources to evaluate price increase requests (such as the CPI and PPI, as published by the US Department of Labor, Bureau of Labor Statistics). The State also reserves the right to consider other information related to special economic and/or industry circumstances, when evaluating a price change request. Changes may be either increases or decreases and may be requested by either party.

2.4.5. Requested adjustments shall include the contract number, item number, line number, bid price and requested price adjustment.

2.4.6. If the contractor has unresolved complaints filed against it for non-delivery of or poor-quality service, its request may be denied until such time as all past complaints are resolved to the satisfaction of the State.

2.4.7. Once approved, contract pricing will be adjusted without a formal amendment.

2.5. MAXIMUM AMOUNT: The total payments under the initial term of this contract shall not exceed $Click here to enter text without a formal amendment. The maximum amount will be entered by the State prior to execution of the contract. See budget breakouts above, additional $20,000 per fiscal year added as allowance for Court Transcript Fess, see Section 1.2.8. above for additional information.

3. TERM AND TERMINATION

3.1. TERM:

3.1.1. TERM OF THIS CONTRACT: The contract will have an initial term commencing upon the last dated signature of the Parties and ending in 10 years. In no event will the maximum total term of the contract, including the initial term, any renewal terms, and any extensions, exceed ten (10) years. Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80.

3.2. TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the contract.

If Vendor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice or (b) enforce the terms and conditions of the contract.

For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages.

3.3. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor.

Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination.

3.4. AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency’s funding by reserving some or all of the Agency’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction or decrease.

4. STANDARD BUSINESS TERMS AND CONDITIONS

4.1. PAYMENT TERMS AND CONDITIONS:

4.1.1. LATE PAYMENT: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Vendor’s sole remedy for late payments by the State. Payment terms contained in Vendor’s invoices shall have no force or effect.

4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

4.1.3. EXPENSES: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this contract by the Parties even if the effective date of the contract is prior to execution.

4.1.4. PREVAILING WAGE: As a condition of receiving payment Vendor must (i) be in compliance with the contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor (DOL) and are available on DOL’s official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217-782-6206 or (https://labor.illinois.gov) to ensure understanding of prevailing wage requirements.

4.1.5. FEDERAL FUNDING: This contract may be partially or totally funded with Federal funds. If Federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided to the awarded Vendor in the notice of intent to award.

4.1.6. INVOICING: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of this contract, and the amount billed and expenses incurred are as allowed in this contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the State no later than July 31 of that year; otherwise Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset. 30 ILCS 210.

4.1.6.1. Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable agency’s Illinois tax exemption number and Federal tax exemption information.

4.1.6.2. Vendor shall invoice at this completion of the contract unless invoicing is tied in this contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.

Send invoices to:

For procurements conducted in BidBuy, the Agency may include in this contract the BidBuy Purchase Order as it contains the Bill To address.

4.2. ASSIGNMENT: This contract may not be assigned or transferred in whole or in part by Vendor without the prior written consent of the State.

4.3. SUBCONTRACTING: For purposes of this section, subcontractors are those with contracts with an annual value exceeding $100,000 and who are specifically hired to perform all or part of the work covered by this contract. Vendor must receive prior written approval before use of any subcontractors in the performance of this contract. Vendor shall describe, in an attachment if not already provided, the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this contract, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this contract. If required, Vendor shall provide a copy of any subcontracts within fifteen (15) days after execution of this contract. All subcontracts must include the same certifications that Vendor must make as a condition of this contract. Vendor shall include in each subcontract the Standard Illinois Certification form available from the State. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, then Vendor must promptly notify, by written amendment to the Contract, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses, the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract, and the general type of work to be performed. 30 ILCS 500/20-120.

4.4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of this contract and any subcontract necessary to support amounts charged to the State pursuant this contract or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Vendor for a period of three (3) years from the later of the date of final payment under the contract or completion of the contract, and by the subcontractor for a period of three (3) years from the later of final payment under the term or completion of the subcontract. If Federal funds are used to pay contract costs, the Vendor and its subcontractors must retain their respective records for five (5) years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the procuring Agency, the Auditor General, the Executive Inspector General, the Chief Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under this contract or any subcontract for which adequate books and records are not available to support the purported disbursement. The Vendor or subcontractors shall not impose a charge for audit or examination of the Vendor’s or subcontractor’s books and records. 30 ILCS 500/20-65.

4.5. TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this contract. Vendor shall continue to perform its obligations while any dispute concerning this contract is being resolved unless otherwise directed by the State.

4.6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future.

4.7. FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel this contract without penalty if performance does not resume within thirty (30) days of the declaration.

4.8. CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and subcontractors, may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this contract. Vendor shall presume all information received from the State or to which it gains access pursuant to this contract is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act, shall be considered public. No confidential data collected, maintained, or used in the course of performance of this contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of this contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of this contract, in whatever form it is maintained, promptly at the end of this contract, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party’s possession prior to its acquisition from the disclosing Party; received in good faith from a third Party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or that is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information.

4.9. USE AND OWNERSHIP: All work performed or supplies created by Vendor under this contract, whether written documents or data, goods or deliverables of any kind, shall be deemed work for hire under copyright law and all intellectual property and other laws, and the State of Illinois is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the State all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connection with the work. Vendor acknowledges the State may use the work product for any purpose. Confidential data or information contained in such work shall be subject to the confidentiality provisions of this contract.

4.10. INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the State of Illinois, its agencies, officers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements and judgments, including in-house and contracted attorneys’ fees and expenses, arising out of: (a) any breach or violation by Vendor of any of its certifications, representations, warranties, covenants or agreements; (b) any actual or alleged death or injury to any person, damage to any real or personal property, or any other damage or loss claimed to result in whole or in part from Vendor’s negligent performance; (c) any act, activity or omission of Vendor or any of its employees, representatives, subcontractors or agents; or (d) any actual or alleged claim that the services or goods provided under this contract infringe, misappropriate, or otherwise violate any intellectual property (patent, copyright, trade secret, or trademark) rights of a third party. In accordance with Article VIII, Section 1(a),(b) of the Constitution of the State of Illinois and 1973 Illinois Attorney General Opinion 78, the State may not indemnify private parties absent express statutory authority permitting the indemnification. Neither Party shall be liable for incidental, special, consequential, or punitive damages.

4.11. INSURANCE: Vendor shall, at all times during the term of this contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the State as an additionally insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days’ notice has been provided to the State. Vendor shall provide: (a) General Commercial Liability insurance in the amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate; (b) Auto Liability, including Hired Auto and Non-owned Auto (Combined Single Limit Bodily Injury and Property Damage), in amount of $1,000,000 per occurrence; and (c) Worker’s Compensation Insurance in the amount required by law.