Current through Register Vol. 48, No. 12, March 22, 2024
a) The
contract shall be an agreement between the Department and the CCU or provider
agency as evidence of the terms and conditions of the contract. The terms and
conditions shall, at a minimum, include the following:
1) the contractual agreement between the
Department and the CCU/provider may be terminated without cause by either party
upon 60 calendar days written notice;
2) the contractual agreement between the
Department and the CCU/provider may be amended, with the mutual consent of both
parties, at any time during the term of the contract; and
3) all program and financial records,
reports, and related information and documentation, including participant
files, that are generated as a result of the agreement shall be considered the
property of the Department.
b) Upon written notification from the
Department of a change in the fixed unit rates of reimbursement, the
CCU/provider may exercise its 60 calendar day termination rights if the
CCU/provider no longer wishes to provide service at the newly established fixed
unit rates of reimbursement.
c)
CCUs and providers shall have sufficient personnel to ensure service to all CCP
participants.
d) At the time of
application for award of contracts, CCUs and providers shall submit
documentation specified by the Department to confirm the legal structure under
which they are doing business.
e)
CCUs and providers may be units of State government, units of local government,
for-profit or not-for-profit corporations, limited liability companies, sole
proprietorships, partnerships or individuals.
1) An agency of State government must submit
a letter from the Director or head of the agency citing the statutory authority
for the agency to enter into a contract to provide the proposed CCP
service.
2) A unit of local
government must submit a copy of the resolution or ordinance duly passed by the
governing body of the unit of government authorizing the execution of the
contract. The resolution or ordinance shall designate the individual authorized
to execute the agreement in behalf of that unit of government.
3) A partnership, individual or sole
proprietorship must submit copies of "Certificate of Ownership of Business"
issued by the County Clerks for the counties in which the applicant agency is
proposing to provide service.
4) A
corporation or limited liability company must submit a "Certificate of Good
Standing" from the Office of the Illinois Secretary of State certifying that
the corporation has complied with the requirement to file an annual report and
has paid required franchise taxes.
5) A not-for-profit corporation shall submit:
A) a "Certificate of Good Standing" from the
Office of the Illinois Secretary of State certifying that the corporation has
complied with the requirement to file an annual report; and
B) a current letter from the Office of the
Illinois Attorney General certifying that the corporation is in full compliance
with or is exempt from the charitable trust laws of the State of Illinois.
Thereafter, a non-exempt provider shall provide a letter, certified by the
provider's Board of Directors, to the Department upon request, stating that the
provider remains in compliance or is exempt.
6) A nongovernmental agency shall certify
that:
A) CCU/provider or any of its officers,
agents or employees have not been convicted of bribery or attempting to bribe
an officer or employee of the State of Illinois nor made an admission of guilt
of such conduct which is a matter of record; and
B) CCU/provider is not in arrears or not in
default to the State of Illinois upon any debt or contract, and that it is not
in default as to the surety, or otherwise, upon any obligation to the State of
Illinois, and that it has not failed to perform faithfully any previous
contract with the State of Illinois.
f) CCUs and providers shall certify that
their respective agency acknowledges and complies with the Illinois Human
Rights Act [ 755 ILCS 5 ]; the Equal Employment Opportunity Act of 1974, as
amended (Title VII of the U.S. Civil Rights Act of 1964, as amended (
42
USC 2000e et seq.)); the Civil Rights Act of
1964, as amended (
42
USC 2000d et seq.); section 504 of the
Rehabilitation Act of 1973, as amended (
29 USC
790 et seq.); and the Immigration Reform and
Control Act of 1986 (
8 USC
1101 et seq.).
g) CCUs and providers shall certify to the
Department that their respective agencies are fiscally sound, as defined in
Section
240.160, or
demonstrate the ability to obtain financial resources as required during the
performance of their contract.
h)
Assignment by a CCU or provider of a contract awarded between the CCU or
provider and the Department to any other organizations or entities shall result
in the immediate termination of the CCU or provider contractual
agreement.
i) Failure by CCUs or
providers to seek and obtain written Department approval prior to entering into
subcontracts with other entities for the provision of CCPCCP services shall
result in the immediate termination of the CCU or provider contractual
agreement.
j) The Department shall
be immediately notified in the event of a merger/consolidation/sale of assets
of a CCU or provider by the CCU or provider and provided with copies of all
relevant supporting documents.
1) Following
review of the merger/consolidation/sale of assets documents by General Counsel,
the Department will determine whether the merger/consolidation/sale of assets
has resulted in an assignment of the contract (see subsection (h)).
2) If the merger/consolidation/sale of assets
has not resulted in an assignment, the Department retains the right to
terminate the contract if performance of the contract by the new corporate
structure is not in the best interests of the CCP, such as a merger or
consolidation with an entity that has been subject to previous contract action
by the Department or some other state or federal agency.
3) Failure to notify the Department shall
result in termination of the CCU or provider contract.