Description of Supplies and Services (Exhibit A)
The Illinois Department of Human Services-Division of Rehabilitation Services (IDHS-DRS) requires the timely execution of all initial and amended contractual agreements. Providers will have 14 business days to sign and return the required contract documents issued by the State, which may include one or more of the following: initial contract signature page, amendment page, Financial Disclosures and Conflicts of Interest, Standard Certifications, and the Taxpayer Identification Page. Non-compliance may result in a modified start date of the contract to align with the Providers submission of the required execution documents. Providers will not be reimbursed for services provided in advance of the modified start date. When a contract amendment is issued to reduce the value of the contract, non-compliance may result in the full de-obligation of the contract balance regardless of the amended amount.
This contract is for purchase of care services related to the Supported Employment (SEP), Customized Employment (CE), and Vocational Rehabilitation (VR) Program, between DRS and the CRP named previously in this contract, and thereafter referred to as Provider.
The services provided by the Provider are only available to participants in Vocational Rehabilitation (VR) services from the designated state unit, and in accordance with those who are eligible with an approved Individualized Plan for Employment (IPE).
Customized Employment (CE), which is under Supported Employment, is defined in 34 CFR 361.5(c)(11). CE is a program under the direction of IDHS-DRS VR Program. This program assists individuals with most significant disabilities, hereafter referred to as customer, in maintaining competitive integrated employment (CIE) within the community.
VR regulations established under the Workforce Innovation and Opportunity Act (WIOA) and subsequent guidance from the Rehabilitation Services Administration (RSA) find that there are three key components to determining whether a given job meets the criteria of CIE: competitive wages and benefits; integrated location, which means that it is a job that is "typically found in the community"; and opportunity for advancement. CIE is employment within the community which pays the Customer (employee) at least minimum wage or a wage commensurate to the prevailing wage and applicable fringe benefits.
Individuals participating under this contract will have been determined Most Significant, be certified for SEP services and have a SEP Justification written by the IDHS-DRS counselor. A Supported Employment IPE will be completed by the IDHS-DRS and sent to the Provider.
CE is designed to meet the specific abilities of the customer and the business needs of the employer. A relationship is established between the employer and the customer that is negotiated to meet the needs of both. This is based on an exchange of specific contributions by the customer for pay by the employer that is at or above applicable minimum wage, per Public Act 103-0709. Goals must be consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Providers are encouraged to avoid job openings and the typical personnel process when approaching employers. Presentations on the customers strengths and abilities rather than seeking to fill an open position. Providers are expected to develop strategies for assisting employers to identify specific areas in which the business might benefit through a presentation to look at their business operations. Providers are expected to employ a variety of techniques and services necessary in assisting the individuals with maintaining community based competitive employment consistent with the employment outcome goal identified on the IPE.
Providers will have at least one Association of Community Rehabilitation Educators (ACRE) certified employment specialist, with an emphasis on Customized Employment, working directly with CE customers to have a contract and provide services. Association of Community Rehabilitation Educators - Home (acreducators.org). Documentation of this must be provided annually to Transition and Community Rehabilitation Services by email at DHS.CommunityResources@illinois.gov.
The Providers will have access to technical assistance on CE from a recognized and qualified training entity to work with each participant as needed.
Prior written approval from IDHS-DRS is required when the employer of record is the Provider billing for placement services. No payment will be made without this written approval. IDHS-DRS will evaluate the nature of the job placement and determine whether it meets the criteria for CIE as defined in the federal WIOA and is consistent with the guidelines provided in RSA Technical Assistance Circular TAC-06-01.
Staffing to discuss progress towards goals, share concerns or successes will occur every eight weeks, from the time of referral to the Provider and continue throughout the lifetime of the case. Staffing's minimally will include the customer/guardian, Provider, and IDHS-DRS. Others may join at the request of the customer.
Signed staffing reports must be submitted to IDHS-DRS counselor by fax, email, and/or regular mail following the staffing. The staffing report at minimum must include the following information: employer, hours worked, wage, progress on the job, and what supports were provided to the customer by the Provider. IDHS- DRS counselor will sign and return signed staffing note to the Provider to be maintained in their Provider files.
CE is made up of five Phases. Time customers spend in the Phase will be captured. Each Phase is earned only one time per customer.
Phase One: Consultation and Initiation: This contains pre-discovery activities, such as introducing the customer to the CE program, activities, roles, responsibilities, and expected outcomes. Introduction of the CE Provider to the customer and their support team. If participation in CE is agreed upon, The Initial Discovery Action Plan will be completed and submitted to IDHS-DRS Counselor with the billing for this Phase.
Phase Two: Discovery: Person-centered process planning used to determine the customers interests, skills, preference, and ideal employment condition that guide the development of the job. Additional discovery of the unique needs, abilities, and interests of the customer can also be explored during this time, which would include any assistive technology or need for work incentives benefit counseling. A plan for completing the discovery process will be developed that further contains a timeline for completing the discovery process. Assignments of who will gather which piece of information, how the information will be gathered, who will receive the information, and who will make up the core support team for the customer is completed during this Phase. The Provider will discuss the timeline for completing the discovery process and will share with the customer and DRS. A Discovery Profile, containing all of the information learned from the discovery process will be shared and discussed with the customer and their guardian if appropriate. This will be provided to IDHS-DRS counselor with the billing in order for the Provider to bill for this Phase.
Phase Three: Customized Employment Planning: Is an opportunity to use the information learned during the discovery process to develop a plan for competitive and integrated employment for the customer, to be submitted to IDHS-DRS counselor. An Assessment and Individual Provider Plan (IPP) will be created and submitted. These must follow and contain the components listed in the CRP manual. These three items will be submitted to IDHS-DRS counselor with the billing in order for the Provider to bill for this Phase.
Phase Four: Job Development and Negotiation: A process of working collaboratively with the customer, their guardian, if applicable, and the Provider to negotiate a customized job. This will include terms of employment, conditions necessary for success, and the specific unmet needs of the employer that will be fulfilled by the customer's contributions.
Phase Five: Post-Employment Support and Monitoring: Provides support and monitoring from the Provider to ensure CE services have been provided and there are satisfactory results for both the customer and the employer. To monitor this progress, there will be five additional staffing's. This will allow for continued supports and monitoring of the customer in the competitive integrated employment setting. During each Phase, the Provider will offer support, training, and technical assistance as needed.
During staffing in the following Phases, IDHS-DRS counselor and Provider will gather information to determine if the level of supports and the customization of employment, met the customers need. The staffing note containing this information will be submitted with the billing to bill for these Phases.
Phase 5.1: First Staffing with continued employment (8 weeks after employment start date): Staffing report that the individual has maintained employment with appropriate support. The staffing report must include the following information: Employer, hours worked, wage, progress on the job, and what supports were provided to the customer. It must also contain information to determine if the level of supports and the customization of employment, meets the customer's need.
Phase 5.2: Second staffing with continued employment (8 weeks following 1st Staffing-Phase 5.1)- The staffing report must include the following information: Employer, hours worked, wage, progress on the job, and what supports were provided to the customer. It must also contain information to determine if the level of supports and the customization of employment, meets the customer's need.
Phase 5.3: Third staffing with continued employment (8 weeks following 2nd staffing-Phase 5.2)- The staffing report must include the following information: Employer, hours worked, wage, progress on the job, and what supports were provided to the customer. It must also contain information to determine if the level of support and the customization of employment, meets the customer's need.
Phase 5.4: Fourth staffing with continued employment (8 weeks following 3rd staffing-Phase 5.3)- The staffing report must include the following information: Employer, hours worked, wage, progress on the job, and what supports were provided to the customer. It must also contain information to determine if the level of support and the customization of employment, meets the customer's need. Phase 5.5: Fifth staffing with continued employment (8 weeks following 4th staffing-Phase 5.4)- The staffing report must include the following information: Employer, hours worked, wage, progress on the job, and what supports were provided to the customer. It must also contain information to determine if the level of support and the customization of employment, meets the customer's need.
Milestones/Deliverables: Exhibit B
Customization of the job is essential for the customer participating in CE to be successful in obtaining and maintaining competitive integrated employment.
Services under this contract should follow the Essential Elements as listed in The Essential Elements of Customized Employment for Universal Application from Workforce Innovation Technical Assistance Center (WINTAC). There are four sections include Overview of Customized Employment, Conducting Discovery and Creating Discovery Documents, Planning for Customized Employment, and Employment Development and Representation. Under each of those sections are further Essential Elements that will be considered and part of the service delivery.
Additionally, services may include one or more of the following.
a. Assessment - Assess the individual through observation of job readiness, transferable skills, social and personal characteristics, vocational interest, employment preferences, and retention and coping skills, and develops a job match profile.
b. Job coaching - Supports an individual in maintaining satisfactory work output once employed. Job Coaching may involve one-on-one personal training while the individual is working, observation of the individual with only limited direct intervention, one-on-one meetings with the individual to discuss work-related progress or issues, suggestions for enhanced efficiency and productivity, creative use of pictorial or other cues to direct task completion, development of natural supports in the workplace, and any other tools or techniques deemed appropriate in helping an individual to achieve satisfactory work output and to maintain or retain employment.
c. Job Development and Placement - Uses job match techniques and assists the individual in identifying specific jobs that are available and accessible in the community. Job readiness, job seeking, and retention skills training can be used to develop necessary skills to enable the individual to secure the job and to develop an understanding of how to keep the job.
d. Job Retention - Is provided to the customer if he or she needs training, monitoring, or job coaching for specific tasks associated with the job. Services may also involve working with the employer, co-workers, and family members to enhance the customer's job stability. These services are expected to decrease in frequency and eventually be discontinued as the individual's performance on the job is stabilized.
e. Skills Training - Trainees become acquainted with the daily routine of work and develop specific vocational skills, including the use of basic occupational tools and equipment. Training is provided for the purpose of employment in a specific occupation.
f. Career Development Services (CD) - supports an individual in developing a clear vision regarding the individuals preferred employment outcome, establishes the steps needed to achieve this outcome, and supports the individual in navigating each of these steps. Career Development supports an individual in directly connecting with appropriate identified community-based employment opportunities.
The following billing and reporting requirements apply:
1. The provider must submit to both the IDHS-DRS Local Office(s), where the customers are served, and the IDHS-DRS Contract Advisor the Monthly Group Billing Sheet by fax, e-mail and/ or regular mail within 5 business days of the beginning of the month. Billing sheet must include Customer name, last four of the SSN, and the service being billed. Identification of month/year, IDHS-DRS Office location being billed, and the Provider demographic information will also be included.
2. If there is no billing for that month, an e-mail will be sent stating that to the IDHS-DRS Contract Advisor. Email the local IDHS-DRS Office if requested.
3. A roster of served customers during the fiscal year will be sent with the billing to the Local IDHS-DRS Office and the IDHS-DRS Contract Advisor. This will assist with forecasting utilization needs on the contract.
4. The Provider must submit to the Local DRS Office(s) that they serve, and DRS Contract Advisor, with the monthly billing verification of employment to include, pay stubs or wage records after the first day of employment through with the Phase 5.5 . This may then be reviewed by IDHS-DRS Quality Assurance.
5. IDHS-DRS will review and approve billing for Phases based on documentation provided. They then submit to their IDHS-DRS Supervisor who reviews and submits to the IDHS Contract Advisor by the 15th of the month, or the following business day if this falls on a weekend or holiday.
6. On site reviews of contractual requirements, including Provider files, will be performed once every three years. Based on findings, a Corrective Action Plan may be issued, with a return visit within a six-month time frame to assess compliance.
7. DRS Contract Advisor will conduct quarterly meetings to review utilization of the contract and reconcile billings with the Provider. This will include an additional layer of verification to the monthly review.
8. The Final Reconciliation of a contractual agreement will follow prescribed timeframes communicated annually or final payment could be delayed or even denied .
The following information is critical to ensure timely payments and program operations:
- Incomplete, inaccurate forms required for payment will result in delayed payments.
- Non-compliance per Provider Responsibilities/Assurances may result in suspension of payments until IDHS/DRS is satisfied that compliance concerns have been addressed.
Program Standards:
Accreditation - Per IDHS-DRS Rules found at 89 IL Adm. Code 530.5 part 530 Criteria For The Evaluation Of Programs Of Services In Community Rehabilitation Agencies : Sections Listing
Per Administrative Rule 530, if accreditation is required, the Provider must submit a copy of the most recent national accreditation survey report to Transition and Community Rehabilitation Services (TCRS) by email to (DHS.CommunityResources@illinois.gov) or by regular mail within 30 days of receipt.
Provider is required to comply with all provisions outlined in 2 CFR 200.327 Contract Provisions, Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(J) See § 200.323.
(K) See § 200.216.
(L) See § 200.322.
Pricing (Exhibit C):
Customized Employment (CE) program:
Phase 1 (Consultation and Initiation)- Up to XX customers can be served at a rate of $738 each.
Phase 2 (Discovery)- Up to XX customers can be served at a rate of $2,212 each.
Phase 3 (Customized Employment Planning)- Up to XX customers can be served at a rate of $1,100 each.
Phase (Job Development and Negotiation)- Up to XX customers can be served at a rate of $4,150 each.
Phase Five: Post Employment Support and Monitoring: Customers will be supported during employment, with continued staffing, by the Provider. Payments will follow the requirements below.
Phase 5.1 (First Staffing with Continued Employment-8 weeks after Employment)- Up to XX customers can be served at a rate of $2,250 each.
Phase 5.2 (Second Staffing with Continued Employment-8 weeks after 1st Staffing-Phase 5)- Up to XX customers can be served at a rate of $1,900 each.
Phase 5.3 (Third Staffing with Continued Employment-8 weeks after 2nd Staffing-Phase 6)- Up to XX customers can be served at a rate of $1,300 each.
Phase 5.4 (Fourth Staffing with Continued Employment-8 weeks after 3rd Staffing-Phase 7)- Up to XX customers can be served at a rate of $950 each.
Phase 5.5 (Fifth Staffing with Continued Employment-8 weeks after 4th Staffing-Phase 8)- Up to XX customers can be served at a rate of $914 each.
Projected Number Served:
Maximum payment per customer is $15,514 for completion of all employment Phases.
Monthly, Providers submit billings for payment upon completion of Phases.
All billings should be reconciled during the quarterly meetings with the IDHS-DRS Contract Advisor. Missed billing for 1st and 2nd quarter, will be submitted no later than the last business day of January. Missed billing for 3rd and 4th quarter will be submitted no later than the 5th business day of July. No reimbursement for billings submitted after those deadlines will be approved. Notwithstanding the content outlined in Section 2 Pricing and Section 2 sub section's Types of Pricing and Price for the Initial Term, changes or modifications to Providers Pricing are strictly prohibited without prior written approval from the IDHS-DRS Transition and Community Rehabilitation Services Manager. Modifications made without prior written approval will not be reimbursed by the Division of Rehabilitation Services. Nothing in this section shall be construed to affect the meaning of the Section Maximum Amount.
Funding may not be used to pay for alcoholic beverages; and cannot be used to pay for entertainment, which includes costs for amusement, diversion, and social activities. A Provider hosting a meeting or conference may not use funds to pay for food for conference attendees unless doing so is necessary to accomplish the legitimate meeting or conference business. Providers must receive written pre-approval to use grant funds to host a meeting or conference that includes food. Furthermore, all meeting or conference materials or publicity of any nature paid for with these funds must include appropriate disclaimers that identify IDHS-DRS as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative.
All publicity and/or public action must also include a provision that the contents do not necessarily represent the policy of IDHS-DRS nor is it an endorsement. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Provider individually or jointly with others, with respect to the program, publications, or services provided resulting from the grant agreement or subsequent amendments.
Performance Measures (Exhibit E)
Performance measures will be reported monthly to the IDHS-DRS Contract Advisor on the monthly Group Billing Sheet.
Time spent in each Phase will be measured on the monthly submission of billings.
Number of customers participating in Phase 1. This will be measured via submission of the Monthly Group Billing and staffing notes.
Number of customers participating in Phase 2. This will be measured via submission of the Monthly Group Billing.
Number of customers participating in Phase 3. This will be measured via submission of the Monthly Group Billing.
Number of customers participating in Phase 4. This will be measured via submission of the Monthly Group Billing.
Number of customers participating in Phase 5.1. This will be measured via submission of the Monthly Group Billing. Information from the staffing note to determine if the level of supports and the customization of employment met the customers need will be evaluated.
Number of customers participating in Phase 5.2. This will be measured via submission of the Monthly Group Billing. Information from the staffing note to determine if the level of supports and the customization of employment met the customers need will be evaluated.
Number of customers participating in Phase 5.3. This will be measured via submission of the Monthly Group Billing. Information from the staffing note to determine if the level of supports and the customization of employment met the customers need will be evaluated.
Number of customers participating in Phase 5.4. This will be measured via submission of the Monthly Group Billing. Information from the staffing note to determine if the level of supports and the customization of employment met the customers need will be evaluated.
Number of customers participating in Phase 5.5. This will be measured via submission of the Monthly Group Billing. Information from the staffing note to determine if the level of supports and the customization of employment met the customers need will be evaluated.
Number of customers that are maintaining competitive, integrated community employment from first day of employment to Phase 5.5. This will be measured with the employment verification submitted with the monthly billing for these Phases.
Performance Standards (Exhibit F)
During the first year of the Customized Employment Demonstration, total number of hours spent in each Phase will be gathered. This information will then be used to create an average, which will be measured annually.
At least 85% of customers served will achieve a Phase 1.
At least 80% of those customers achieving a Phase 1, will achieve a Phase 2.
At least 70% of those customers achieving a Phase 2, will achieve a Phase 3.
At least 60% of those achieving a Phase 3, will achieve a Phase 4.
At least 60% of customers will maintain CIE through Phase 5.5.