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Health D Lead Poison & VNA AgreCITY OF DUBUQUE, IOWA MEMORANDUM July 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association (VNA) Public Health Specialist Mary Rose Corrigan is recommending approval of a contract with the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and a renewed agreement with the Visiting Nurse Association for services related to that program. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Mary Rose Corrigan, RN, Public Health Specialist CITY OF DUBUQUE, IOWA MEMORANDUM July 24, 2001 TO: Michael C. Van Milligen, City Manager FROM: Mary Rose Corrigan, RN, Public Health Speciali SUBJECT: Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association (VNA) INTRODUCTION This memorandum provides information regarding a contract with the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the VNA for services related to the CLPPP. BACKGROUND In February 1994, the City Council approved a grant agreement authorizing the Health and Housing Services Departments to contract with the Iowa Department of Public Health for environmental follow-up and medical case management for children with lead poisoning according to the Iowa Department of Public Health guidelines. The original funding contract has been renewed annually. The latest contract ended June 30, 2001. DISCUSSION Since that time, the Iowa Department of Public Health has applied for ongoing funds with the Centers for Disease Control and Prevention (CDC) to distribute to local childhood lead poisoning prevention programs. The funds are distributed throughout childhood lead poisoning prevention programs in the State based on numbers of children in a community and the incidence of lead poisoning. The funds will allow the Health and Housing Services Departments to provide additional follow-up of lead poisoned children through contracted nursing services provided by the Dubuque Visiting Nurse Association, training for employees, and monies to do outreach and education in targeted neighborhoods. The contract also includes program performance standards, which we currently strive to achieve through our existing protocols and outreach programs. In cooperation with the VNA and the IDPH, we have agreed to conduct environmental investigations on lead poisoned children residing in Dubuque County. We currently do data management on children in Dubuque and Delaware Counties. However, due to budget reductions, the Delaware County data management will be withdrawn from our contract. The VNA provides medicaI case management for lead poisoned children in the County. BUDGET IMPACT The FY 02 budget anticipated this level funding of $21,654, and is shown in the lead activity of the Health Services Department. However, due to the Centers for Disease and Prevention (CDC) budget cuts, out contract has been reduced to $20,106. RECOMMENDATION It is recommended that the City Council authorize the Mayor to sign the attached resolution authorizing the City Manager to sign the contract with the Iowa Department of Public Health and the agreement with the Dubuque Visiting Nurse Association on behalf of the City of Dubuque. COUNCIL ACTION Approve the attached resolution authorizing the City Manager or his designee to sign the contract with the Iowa Department of Public Health and the agreement with the Dubuque Visiting Nurse Association. MRC/cj cc: David Harris, Housing Services Manager Kathaleen Lamb, Senior Housing Inspector Kathy Wamphler, VNA, Director of Community Services RESOLUTION NO. 342-01 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH AND AN AGREEMENT WITH THE DUBUQUE VISITING NURSE ASSOCIATION. Whereas, the City of Dubuque has established such a local childhood lead poisoning prevention program; and Whereas, the Iowa Department of Public Health has offered to provide financial support for activities relating to the local childhood lead poisoning prevention program in the City of Dubuque; and Whereas, the City of Dubuque will provide environmental and medical case management of identified lead poisoned children in addition to community outreach and education on the problem of childhood lead poisoning. Whereas, the City of Dubuque must provide medical case management for all lead poisoned children in the city, and provide community outreach and education: and Whereas, the City of Dubuque will enter into an agreement with the Dubuque Visiting Nurse Association to provide medical case management of lead poisoned children and conduct community outreach and education for the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the attached contract between the Iowa Department of Public Health and the City of Dubuque. Iowa. Section 2. That the attached Memorandum of Understanding by and between the City of Dubuque, Iowa and the Dubuque Visiting Nurse Association is hereby approved. Section 3. That the City Manager or his designee is hereby authorized and directed to execute said contract and agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this6th day of August ,2001. Terrance M. Duggan, Mayor Mayor Attest: Jeanne F. Schneider City Clerk HL AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE VISITING NURSE ASSOCIATION FOR THE CHILDHOOD LEAD POISONING PREVENTION PROGRAM (CLPPP) Now on this 1st day of July 2001, it is agreed by and between the City of Dubuque, Iowa, (City) and the Dubuque Visiting Nurse Association (VNA) as follow: TERM. The term of this Agreement shall be from the 1st day of July 2001, through the 30th day of June 2002. CITY'S RESPONSIBILITIES. City agrees that it will provide the following services for the CLPPP: Submit quarterly reports and other reporting requirements as requested to the Iowa Department of Public Health (IDPH) and the Centers for Disease Control and Prevention. (CDC). Provide for environmental investigations and environmental case management for lead abatement\lead hazard reduction in housing units in the city of Dubuque, Iowa, and Dubuque County. Provide compensation to the VNA during the term of this Agreement not to exceed $13,608.00 for the performances of VNA's responsibilities as set forth herein. Oversee and direct medical case management activities through verbal and written direction. VNA'S RESPONSIBILITIES. VNA agrees to provide the following services for CLPPP during the term of this Agreement for the agreed compensation: Provide written quarterly reports on lead-related activities utilizing the Iowa Quarterly Report Narrative Outline. Provide computer documentation of medical case management and related activities into City's lead database system, STELLAR. Provide blood lead screening and medical case management for follow-up testing for children in the city of Dubuque following the recommendations of the IDPH and the City of Dubuque Health Services Department. Assist City with providing public education, lead coalition development and activities, and outreach to the City of Dubuque residents about childhood lead poisoning. Conduct home visits as needed to families\residents in order to provide medical case management services. Provide education and medical case management of children with confirmed blood lead levels greater than or equal to 15 pg\dL. Medical case management includes: assurance that children are being screened\retested for lead according to Iowa Department of Public Health protocols; assurance that children and parents receive nutritional counseling and educational materials; educate parents and families about major sources of lead and how to prevent poisoning; assistance in interpreting blood lead levels; refer all children with confirmed blood lead levels greater to or equal to 20 pg\dL to Keystone Area Education Agency for appropriate developmental testing, evaluation and assessment; and provide information about lead testing and follow-up, available services, and resources for lead- poisoned children. Provide information about lead poisoning and available services to local pediatric health care providers. Participate with City in securing additional funding for childhood lead poisoning prevention activities. Provide monthly work activity reports and invoices to the City Health Services Department outlining services performed, by the 7th day of the month following the previous month. 10. Work towards achieving the program performance standards in conjunction with the City's CLPPP, as outlined in the City's IDPH contract, Exhibit III. D. INSURANCE. VNA agrees to provide insurance as set forth in the attached Insurance Schedule. E. INDEMNIFICATION. City agrees to save, defend, indemnify and hold harmless VNA from and against any and all claims which may be made against VNA arising out of this Agreement which are the result of the sole negligence of City, its officers, agents or employees. VNA agrees to defend, hold harmless and indemnify City from and against any and all claims which may be made against City arising out of this Agreement which are the sole negligence of VNA, its officers, employees or agents. F. TERMINATION. Either party may terminate this Agreement by giving sixty (60) days written notice to the other party. CITY OF DUBUQUE, IOWA BY: Michael C, Van Milligen City Manager VISITING NURSE ASSOCIATION BY: Kathy Wamphler Director of Community Services INSURANCE SCHEDULE 1. Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide. 2. The City of Dubuque shall be named as an additional insured in any insurance policy required by this Schedule, and any policy of insurance required hereunder shall provide for a thirty-day notice to the City of any material change or cancellation of the policy prior to its expiration date. 3. VNA shall have its insurance agent or company certify in writing that any policy of insurance required herein with an aggregate limit of liability has not been reduced by paid or reserved claims at the time of issuance of policy or certificate. 4. VNA shall furnish copies of the following policies to the City with limits not less than the following, or greater if required by law, and shall also furnish certificates of insurance from all independent contractors or subcontractors hired by VNA or any independent contractor or subcontractor hired by the independent contractor or subcontractor, which certificates shall provide evidence of coverage for the following with limits not less than the following, or greater if required by law: COMMERCIAL GENERAL LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit OR Combined Single Limit Medical Payments $2,000,000 $2,000,000 $1,000,000 $1,000,000 $2,000,000 5,000 Coverage is to include: occurrence form, premises/operations/ products/competed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury (hazards A-C and delete employment exclusions), City of Dubuque named as an additional insured with 30 days' written notice of change or cancellation. PROFESSIONAL LIABILITY: VNA shall furnish a certificate of insurance showing professional liability limits with limits of not less than $1,000,000 during the term of the project. WORKMEN'S COMPENSATION: Coverage A: Statutory State of Iowa Coverage B: Employers' Liability $100,000 each accident $100,000 each employee and disease $100,000 policy limit and disease THOMAS J. VILSACK GOVERNOR SALLYJ. PEDERSON LT. GOVERNOR DEPARTMENT OF PUBLIC HEALTH STEPHEN C. GLEASON, D.O., DIRECTOR PROJECT TITLE: Ch/ldhood Lead Poisoning Prevention Program CONTRACT #: 5882LP06 PROJECT PERIOD:July 1, 2000 to June 30, 2003 CONTRACTOR:City of Dubuque Health Services Division 1300 Main City Hall Annex Dubuque, IA 52501 FU1VDING SOURCE OF IDPH: FEDERAL $20,106 100% STATE $0 0% PRIVATE $0 0% CONTRACT AMOUNT: $20,106 CONTRACT PEROD: July 1, 2001 to June 30, 2002 FEDERAL CATALOG #: 93.197 MATCH REQUIRED: No MAIL REPORTS TO: Childhood Lead Poisoning Prevention Program Bureau of Lead Poisoning Prevention Division of Environmental health Iowa Department of Public health Lucas State Office Building Des Moines, IA 50319-0075 PROJECT DIRECTOR: PHONE #i 319-589-4181 Mary Rose Corrigan The CONTRACTOR agrees to furnish and deliver all supplies and perform all services set forth in the attached Special Conditions, for the consideration stated herein. The rights and obligations of the parties to tliis contract shall be subject to and governed by the Special Conditions and the Gancral Conditions. To the extent of any inconsistency between the Special Conditions, or the General Conditions, and any spec/fications or other conditions which are made a part of this contract, by reference or otherwise, the Special Conditions and the General Conditions shall control. To the extent of any inconsistency between the Special Conditions and the General conditions, the Spec/al Conditions shall control. The parties hereto have executed th/s contract on the day and year last specified below. For and on behalf of the DEPARTMENT: By: By: Stephen C. Gleason, D.O. Director of Public Health Date Stephen Quirk, Director Division of Environmental Health ~/~/an~ o~ b ~a.lf of the ~O/~TRACTOR: Michael C. Van Milligan City Manager LUCAS STATE OFFICE BUILDING / 321 E. 12TH ST. / DES MOINES, IOWA 50319-0075 DEAF RELAY (HEARING OR SPEECH IMPAIRED) 1-800-735-2942 / INTERNET: HTTP://IDPH.STATE.IA.US/ FAMILY & COMM. HEALTH ADMINISTRATION & REGULATORY AFFAIRS SUBSTANCE ABUSE & HEALTH PROMOTION EXECUTIVE STAFF DIRECTOR'S OFFICE 515-281-393'1 515-281-5784 515-28%3641 515-281-5604 515-281-5605 FAX/515-242-6384 FAX/515-281-4958 FAX/515-281-4535 FAX/515/281-4958 FAX/515-281-4958 GENERAL CONDITIONS 1. General a. Contractors end subrecipients of State, Federal, or private funds are required to comply with the applicable laws, rotes, and regulations governing those funds. Complience is subject to verification. b. This integrated contract between the DEPARTMENT end the CONTRACTOR shall consist of the specifications, terms and conditions of the following Contract Documents: the DEPARTMENT's Request for Proposal (RFP), the CONTRACTOR's proposal, any written amendments made in accordence with the provisions herein, these General Conditions, end the Special Conditions. c. The coNTRAcTOR shall perform all of the services end shall develop, produce and deliver to the DEPARTMENT or to the DEPARTMENT's designated eligible recipients all of the services described in the Contract Documents. In return, the DEPARTMENT shall make payment as hereinafter descn-bed. d. In the event of a comflict between or among the provisions of the Contract Documents, the governing lenguage shall be from the Contract Document listed first in the following list: (1) Special Conditions; (2) General Conditions; (3) Written amendment; (4) RFP; and (5) CONTRACTOR's proposal. e. The CONTRACTOR shall provide the necessary facilities, materials, services, and qualified personnel to satisfactorily perform end/or provide all the services set forth in this contract. The contract budget shall be the basis for the CONTRAcTOR's expendilure of the contract mount. 2. Definitions a. "State" means the State of Iowa. b. "DEPARTMENT" means the Iowa Department of Public Health.. c. "CONTRAcTOR" means the organization or individual contracting with the DEPARTIvIENT. d. "Project Director" means the pemon who has been delegated authority in the Special Conditions to admlni~ter the project descffbed in this contract. e. "Related party transaction" means a contractual arrangement for the provision of services with an employee, consultant, or member of a governing body of the CONTRACTOR who has a family, business, or other tie to the service to be provided. 3. Invalidity If any provision of this contract is in conflict with any State or Federal law or shall be declared to be invalid by any state or federal court of record, such invalidity shall affect only such portions as are declared invalid or in conflict with the law'. Any remaining portion shall continue to be in effect. 4. Status of Contractor a. The CONTRACTOR shall at all times be deemed an independent contractor and not an employee of the State of Iowa. The CONTRACTOR shall be responsible for all its withholding taxes, social security, unemployment, worker's compensation and other taxes and shall hold the DEPARTMENT harmless for any claims for same. Effective 01FI4/99 1 b. If the CONTRACTOR is a non-profit orgmfization or affiliated with a government organization, the CONTRACTOR shall file al/required state and federal reports to maintain such status. 5. Equal Opportunity: Code of Fair Practices a. 'l?ae CONTRACTOR shall not disc~minate against any cruployee or applicant for employment because of race, creed, color, religion, pohtical affiliation, national origin, sex, age, or physical or mental disablliry. Tae CONTRACTOR shall ensure that applicants are fairly considered, and that employees are ~:eated without regard to their race, creed, color, religion, political affiliation, national origin, sex, age, or physical or mental disability except where age or disability relates to a bona fide occupational qualification. Such action shall include, but need not be lirrfited to: Employment, promotion, demotion or transfer, recruitment or recraitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (incinding apprenticesinp). b. q~ne CONTRACTOR shall, in all solicitations or advertisements for employment placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, political affiliation, national origin, sex, age, or physical or mental disability except where age or disability relates to a bona fide occupational qualification. c. The CONTRACTOR shall send to each labor urfion or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the CONTRACTOR's commitments under rids section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The CONTRACTOR shall comply with all applicable federal and state civil rights and nondiscrimination laws, rules, and executive orders. The CONTRACTOR shall furnish all information and reports requested by the DEPARTMENT and shall permit access by the DEPARTMENT to payrolls and employment records for purposes ofinvestigatiun to ascertain that the CONTRACTOR has so complied. e. In complying with all applicable federal and state civil rights and nondiscrimination laws and regulations, the CONTRACTOR shall ensure that no person will be excluded from participation, be denied benefits, or be otherwise subjected to discriminat)en on the grounds of race, creed, color, religion, political affiliation, national origin, sex, age, physical or mental disability, testing positive for human immunodeficiency virus, or sexual orientation. For the purpose of this contract, discfimlnatory disthlctions include, but are not limited to: Denying a participant any service, benefit, or availability of a facility; or providing any service or benefit winch is different in manner, income guidelines, place or time from that provided to other participants under this contract. f. The CONTRACTOR, shall develop and implement an equal employment opportunity policy and an affmnative action plan for hiring or promoting members of protected classes. Clients and potential clients and employees and potential employees shall be made aware of the policy and the plan. The CONTRACTOR shall make its policy and plan available to the DEPARTMENT upon request. g. The CONTRACTOR shall ensure that all its facilities are access~le to handicapped individuals, or have written policies and procedures that outline how disabled individuals can gain access to the facility for services. The CONTRACTOR shall comply with all aspects of the federal American With Disabilities Act, Part I (relating to employment ) and Part II (relating to services ). It The CONTRACTOR shall include the provisions of this section in every subcontiact, unless specifically exempted by written approval from the Director of the DEPARTMENT, so that such provisions shall be binding on each subcontractor. The CON'rP,~CTOR shall take such action with respect to any subcontractor as the DEPARTMENT or the author/zed representative thereof may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the CONmDqACTOR becomes involved in or is threatened with litigation with a subcontractor as a result of such d/rection by the DEPARTMENT, the CONTRACTOR may request the DEPARTMENT to enter into such litigation to protect the interest of the State. Effective 01/14/99 2 i. This contract may be suspended or terminated, in whole or in part, in the event of the CONTRACTOR's noncompliance with this section 5 and the CONTRACTOR may be declared ineligible for further contracts with the DEPARTMENT. Additionally, the DEPAKTMENT may take further action by imposing other sanctions or invoking other remedies as provided by the Iowa Civil Rights Act of 1965 or as otherwise provided by law. 6. Accounts and Records a. The CONTRACTOR shall maintain accurate, current, and complete records of the financial activity of this contract, including records wh/ch adequately identify the source and application of funds. Cash contributions made by the CONTRACTOR mad tldrd party in-kind (prope.ety or service) contributions shall be verifiable from the CONTRACTOR's records. These records must contain information pemining to contract mount, obhgations, unobligated balances, assets, liabilities, expenditures, income and third-party reimbursements. b. The CONTRACTOR shag maintain accounting records supported by such source documentation as cancelled checks, paid bills, payrolls, time and attendance records, contract award documents, etc. c. The CONTRACTOR, in maintaining project expenditure accounts, records and reports, shall make any necessary adjustments to reflect refunds, credits, underpayments or overpayments, as well as any adjustments resuttlug from administrative or compliance reviews and audits. Such adjustments shall be set forth in the financial reports filed with the DEPARTMENT. d. The CONTRACTOR shall maintain a sufficient record keeping system to provide the uecessary data for the purposes of planning, monitoring and evaluatimg their pro,am. e. The CONTRACTOR shall retain al/accounting and financial records, programmatic records, supporting documents, statistical records and other records reasonably considered as pertinent to the contract, for a period of three (3) years starting on the day the CONTRACTOR submits its final expenditure report. If any litigation, claim, negotintion, audit or other action involving the records has been started before the expiration of the three (3) year period, the records must be retained until completion of the action and resolution of al/issues which arise ~om it, or until the and of the regular three (3) year period, whichever is later. Client records which are non-medical must be mm/ned for a period of five (5) year~. f. The CONTRACTOR shall retain all medical records indefmitely or antil mmsfer or disposal is authorized by the DEPARTMENT. g. The CONTRACTOR shall maintain confidentiality for all records of the project in accordance with state and federal laws, rules, and regulations. 7. Equipment a. Definition of Equipment: )my item costing $500 or more and having an anticipated life of one year or more. Computer software is excluded from this definition. b. The CONTRACTOR may use its own definition of equipment provided that such definition would at least include all equipment described above. c. Title and Disposition: Title to equipment purchased in whole or in part with con~act funds resides with the DEPARTMENT. Upon conUact expiration or termination the DEPARTMENT reserves the right to transfer the equipment either to the State or to another contractor. Approval from the DEPARTMENT must be received before disposing of any equipment during the contract peiiod. Effective 01114199 3 & Records: The CONTRACTOR shall maintain inventory control records, and maintenance procedures for all equipment purchased in whole or in part with DEPARTMENT funds or obtained from state surplus or the DEPARTMENT: Equipment records shall include: state tag number (or CONTRACTOR inventory number if ne state tag has been assigned); description of the item; location; name of the contract purchased under; percent of DEPAK22ViENT participation in project cost for the year in which the equipment was acquired; and, if available, vendor name, manufacturers serial number, purchase price, date of acquisition, date of disposition, disposition price, and type of disposition. e. control System: A control system (including an annual physical inventory) shall be implemented to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft shall be investigated and fully documented. Where the CONTRACTOR is authorized to sell the equipment, sales procedures shall provide for competition to the extent practicable and result in the highyst possible disposition price. 8. Procurement Standards and Subcontracting a. The CONTRACTOR shall use procurement procedures that comply with all applicable federal, state, and local laws and regulations. b. None of the activities or funds relating to this contract shall be subcontracted to another orgaulzation or individual without specific prior written approval by the DEPARTMENT except for subcontracts under $1,000. For purchase of service conh-acta, the term "activities" refers to seawices paid for as units of service. For cost reimbursement cuntracts, the term "activities" refers to services or programming described in the CONTRACTOR's approved goals and objectives. To obtain approval, the CONTRACTOR shall submit to the DEPARTMENT the proposed contract or written agreement between the parties. The proposed contract or agreement shall contain: (1) A list of the activities to be performed by the subcontractor. (2) The contract policies and requirements. (3) Provision for the DEPARTMENT, the CONTRACTOR, and any of their duly authorized representatives to have access, for the purpose of audit and examination, to any documents, papers, and records of the subcontmctur pertinent to the subcontract. (4) The amount of the subcontract. (5) A line item budget of specific costs to be reimbursed under the subcontract or agreement or other cost basis for determining the amount of the subcontract as appropr/ate. (6) A statement that all prov/sions of lids contract are included in the subcontract including audit requirements. (7) Period of performance. (8) Any additional subcontract conditions. c. Any subcontract ur other written agreement shall not affect the CONTRACTOR's overall responsibility and accountability to the DEPARTMENT for the overaU direction of the project. cl. If dmSng the course of the subcontract period the CONTRACTOR or subcontractor wishes to cb,ange or revkse the subcontract, prior written approval from the DEPARTMENT is required. e. The CONTRACTOR shall maintain a contract administration system which ensures that subcontractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Effective 0'l/'14/99 4 f. The CONTRACTOR shall maintain written standards of conduct governing the performance of its employees engaged in the award end administration of any subcontract. No employee, officer or agent of the CONTRACTOR or subcontractor shall participate in the selection or in the award or administration of a subcontract if a conflict of interest, real or apparent would be involved g. Targeted Small Business: The CONTRACTOR is expected to take doctunented steps to encourage participation from targeted small businesses for the purpose of subcontracting or supplYing materials. 9. Program Income a. Program income means gross income earned by the CONTRACTOR from activities where part or all of the cost is borne as a direct cost towards meeting a cost sharing or a matching requirement of the cuntract. It includes, but is not limited to, income in the form of fees for sc~wices performed during the conlract or subcontract period, proceeds from sale of tangible personal or real proper~ or equipment, usage or rental fees, and patent or copyright royalties. b. Program income may be used for allowable costs of the project unless the Special Conditions of the contract specify otherwise. c. Refunds and Rebates: When prior year refunds or rebates result from the expenditure of DEPARTMENT provided funds, they shall be returned to the DEPARTMENT in the same proportion that the DEPARTMENT funds are to the project's total income or income related to any subcontract, as appropriate. d. Cash advances, whether permanent or in the form of working capital, must be maintained in interest bear~g accounts. Interest eamed by the CONTRACTOR on cash advances shall be allocated by the CONTRACTOR to the program for wh/ch the cash advance was received. All interest earned on cash advances, shall be remitted to the DEPARTMENT promptly or at least quarterly. Interest amounts up to $250 per contract period in the aggregate for all federal funded programs may be retained by the CONTRACTOR for administrative expenses only. e. Other Sources of Fundin~i The CONTRACTOR shall develop other sources of financial support for program activities. The CONTRACTOR shall: (1) Recover, to the maxnnum extent feas~le, third-party revenues to wh/ch the CONTRACTOR is entitled as a result of services provided; (2) Garner all other available federal, state, local and private funds; (3) Charge beneficiaries according to their abihty to pay for the services provided, based on a sliding fee schedule. The sliding fee schedule shall be based on standard/zed guidelines provided by the DEPARTMENT. Variances from these guidelines must have prior written DEPARTMENT approval. Client billing and collection procedures shall be consistent with those established and provided by the DEPARTMENT. Services funded partially or completely by the DEPARTMENT shall not be denied to a person because of the inability of the person or group to pay a fee for the servide. Factors ofindividaal/immediate family income end family size are to be used in developing the sliding fee schedule; end (4) Report to the DEPARTMENT within five (5) working days, fauding sources developed in addition to those shown in the application for funding. Effective 011'14/99 10. Non-Supplanting Requirement Federal and State funds made available under this contract shall be used to supplement and iacrease the level of state, local and other non-federal fimds that would in the absence of such federal and State fimds be made aval/able for the programs and activities for which funds are provided and wilt in no event take the place of state, local and other non-federal funds. 11. CONTRACTOR's Certification regardin~ Lobbying The CONTRACTOR cextifies that: a. No Federal appropriated funds have bean paid or will be pa/d, by or on behalf of the CONTRACTOR, to any person for mfluenc/ng or attempting to influence an officer or cmtJloyee of any agancy, a member of Congress, an officer or m~ployee of Congress, or an employee of a meraber of Congress ia connection with the awarding of any Federal contract, the making of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreemant. b. If any funds other than Federal appropriated funds have bean paid or w/il be paid to any person for kffluancing or attempting to/xffinence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress ia connection with any Federal contract, grant, loan, or cooperative agreement,.the CONTRACTOR shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbyiag" ia accordance with its mstmctious. c. The CONTRACTOR shall requJxe that the language of the Disclosure Form in section 1 l(b) be included in the award doenme~ats for all subawards at ag levels (iachidmg subcontracts, subgrants, and contracts under grants, loans, artd cooperative agreements) and that all subrecipients shal/certify and disclose accordingly. d. This certification is a material representation of fact upon which reliartce was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into tiffs mmsaction imposed by Section 1332, Title 31, U.S. Code of Federal Re~milatious. Any person who fails to file the required ce~Sfication shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 12. CONTRACTOR's Certification re~ardin~ Brokerine The CONTRACTOR certifies that no person or selling agency has been employed or retained to solicit and secure ttds contract upon an agreement or understanding for commission, percentage, brokerage, or ~entingency excepting bona fide employees or selling agents maiamiaed by the CONTRACTOR for the purpose of securing business. For breach or violation of this cartification, the DEPARTMENT shall have the right to terminate this contract without liability, or ia its discretion, to deduct from the contract price or to otherwise recover the full amount of such commJssion, percentage, brokerage, or contingency. 13. Publications, Copyrights and Righls in Data. and Patents a. Publications: The CONTRACTOR shall not publish the results of contract activity without prior written approval by the DEPARTMENT. Such publication (written, visual, or audio) shall contain an acknowledgment of DEPARTMENT contract support. A copy of any such publication shall be furnished to die DEPARTMENT at no cost. Effective 01114/99 6 b. Copwights and Rights in Data: Where activities supported by this contract produce an original computer program (including executable computer programs and supporting data in any form), writing, sound recording, pictorial reproduction, drawing or other graphical representation and work of similar nature, the DEPARTMENT reserves the right to its use, duplication, and disclosure, in whole or in part, in any manner for any purpose whatsoever. c. Patents: If any patentable invention is developed by an employee of the CONTRACTOR in the course of employment related to this contract, such invcution shall be reported to the DEPARTMENT. The DEPARTIVlENT shall be entitled to a share, proportionate to DEPARTMENT fuuding, of rights to said invention, including title to and license rights under any patent application or patent which may be issued. 14. Release of Information and Confidentiality of Records a. Release of Cona-act Information: The CONTRACTOR agrees to provide to the DEPARTMENT or the public, upon request, all written program records including, but not limited to, client records, statistical information, board end other administrative records, and financial records, including budget, accounting activities, financial statements, and the annual audit in accordance with Code of Federal Re~mdatious, Title 45. A/1 such records shah be available except when access to the records is limited in accordance with state or federal canlidentiality laws, rules or regulations. b. Confidentiality of Client Records: The CONTRACTOR's policies and procedures shall provide that records regarding the identity, diagnosis, prognosis, and services provided to any client in connection w/th the performance of the contract are mm/ned and disclosed only for the purposes and under the ckcumstances expressly authorized trader state or fedeinl confidentiality laws, niles or re~m.datlons. c. Securit~ of Client Files and Data: The CONTRACTOR's employees shall be allowed access to records only as necessary for the performance of their duties related to the contract and in accordance with the policies and procedures of the custodian of the records. The CONTRACTOR shall maintain policies and procedures for safegnard/mg the confidentiality of such data, and may be liable civ/1/y or ~rurfinally under state or federal confidentiality laws, roles or regulatiom for the negligent release of such informatio~ d. Unauthorized Disclosure: The CONTRACTOR shall protect from unauthorized disclosure the names and other idenfify/ng information of persons receiving services pursuant to this con~act, except for statistical information not identifying any client. The CONTRACTOR shall not use such identifying information for any purpose other than caxry~g out the CONTRACTOR's obligations under this contract. The CONTRACTOR shall promptly transmit to the DEPARTMENT all requests for disclosure of such identifying information to anyone other than the DEPARTMENT without prior written authorization from the DEPARTMENT. For purposes of this paragraph, the term "identify" shall include, but not be limited to, name, identifying number, symbol, or other identifier pati/cnlarly assigned to the individual. The CONTRACTOR shall maintain confidentiality for all records of the project in accordance with state and federal laws and regulations and in accordance with 42 CFR. 15. Conflict of Interest a. The provisions of Iowa Code'Chapter 68B shall apply. In the event a conflict of interest is proven to the DEPARTMENT, the DEPARTMENT shall terminate the contract, and the CONTRACTOR shall be liable for any excess costs to the DEPARTMENT as a result of contract default. b. The CONTRACTOR shall establish safeguards to prevent cuuployees, consultants, or members of governing bodies from using their positions for purposes that are, or ~ve the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. c. The CONTRACTOR shall repor~ any related party transaction to the DEPARTMENT. Written approval from the DEPART1VEENT shall be required prior to such transaction. 16. Private Consultation Effective 011'~ 4/99 7 Employees of the CONTRACTOR whose salaries are paid by DEPARTMENT funds shall not engage in private consultation dmSng the hours that are paid for by DEPARTMENT funds. 17. Qualifications of Staff The COI'CFRACTOR shall be responsible for assuring that all persons, whether they are employees, agents, subcontractors or anyone acting for or on behalf of the CONTRACTOI~ are properly licensed, certified or accredited as required under applicable state law and the Iowa Administrative Code. The CONTRACTOR shall provide standards for service providers who are not otherwise licensed, certified or accredited under state law or the Iowa Administrative Code. 18. Insurance The CONTRACTOR shall procure and maintain such insurance as is required by applicable federal and state law and regulation. Such insurance should include, but not be limited to, the following: liability insurance, fidelity bonding of persons entrusted W/th ha.odllng of funds, workers compensation, unemployment insurance and professional liability. 19. Audit or Examination of Records a. Subrecipients of Federal funds are requked to have an audit made in accordance with the provisions of OMB Circular A-133, Audits of States, Local Governments. and Non-Profit Organ/zations. The DEPARTMENT · may require, at any time and at its sole discretion, that recipients of state funds have an audit made. A copy of audit reports acquired and subject to OMB Circular A-133, State regulations or otherwise required, shall be forwarded to the DEPARTMENT upon receipt and at no charge. The CONTRACTOR ma), be required to comply with other prescribed compliance and review procedures. The CONTRACTOR shall be solely responsible for the cost of any requked audit unless otherwise agreed in writing by the DEPARTMENT. When the DEPARTMENT has agreed in writing to pay for the required audit services, the DEPARTMENT rescu-/es the right m refuse payment for audit services which do not meet Federal or State requirements. Audits are due within me (9) months following the end of the period covered. b. The audit report shall contain supplementary schedules identifying by program the revenue, expenditures, and balances of each conttact. c. Upon completion of the audit, a press release shall be published to announce the availability of the audit report for review by the public at the CONTRACTOR's office. The press release shall be provided to a local newspaper with a copy sent to the DEPARTMENT and a copy maintained in the CONTRACTOR's office. d. One (1) copy of the audit report shall be submitted to the DEPARTIVEENT within th/try (30) working days of its issuance, unless specific exemption is granted in writing by the DEPARTMENT. The audit shall be scheduled so that an audit report will be received by the DEPARTMENT no later than nine (9) months following the end of the contract period. To be submitted with the audit is a copy of the separate letter to management addressing non-mater/al findings, if provided by the auditor. e. If the conttact award(s) from the State of Iowa total $150,000 or more, a pre-award survey by the State Auditor is required for private non-profit contractors. The cost of the pre-award sa]trey and the annual audit shall be borne by the CONTRACTOR unless specifically waived in writing by the DEPARTMENT. Effective 0'1/t4/99 f. The CONTRACTOR agrees that the Auditor of the State or any authofized representative of the State, and where Federal funds are involved, the Comptroller General of the United States or any other author/zed representative of the United States Govcumment, shall have access to, and the right to exam/ne, audit, excerpt and transcn~be any pertinent books, documents, paper, and records of the CONTRACTOR related to order, invoices, or payments of this coutract. g. The CONTRACTOR agrees that the DEPARTMENT or its authorized representatives may have access to medical records and quality assurance materials for purposes of an independent audit of quality assurance and quality of care. h. All records and work papers resulting from this contract shall become the property of the DEPARTMENT. 20. Contract Perfomance a. Monitoring of Performance (1) The CONTRACTOR agrees that the DEPARTMENT may conduct site visits to review contract compliance, assess management controls, assess the apphcable services and activities, and provide technical assistance. The CONTRACTOR agrees to ensure the cooperation of the CONTRACTOR's employees and board members in such efforts. (2) Following each site visit, the DEPARTMENT shall submit a written report to the CONTRACTOR'wh/ch idanfifies the findings ofthe site visit. A Corrective Action Plan with a timetable to address any deficiencies or problems noted in the site visit report may be requested. The Corrective Action Plan shall be submitted to the DEPARTMENT for approval within the fimelines outlined /n the ,a~ritten report. The CONTRACTOR agrees to carry out the plan after it/s approved by the DEPARTMENT. Failure to do so may result in suspension or term/nation of the contract. b. Contract Performance DiSlmtes (1) This conixact is not subject to arbitration. Any performance issues shall be identified in writing and submitted to the appropriate Division Director of the Deparmxent. All disputes concerning performance of this contract shall be decided by the appropriate Division Director, who shall put the decision in writing and serve a copy m the CONTRACTOR and the DEPARTMENT's Director. (2) The D/vision Director's decision shall be final unless within fifteen (15) days from the date of service of such copy the CONTRACTOR files a contested case proceeding with the DEPARTIvI~NT. 21. Availability of Funds The disbursement of funds under this contract is contingent upon the continued ava/lability of federal, state, or private funds to the DEPARTMENT. 22. Withholding of Support a. With ten (10) workirg days written notice, the DEPARTMENT may temporarily withhold payment of DEPARTMENT funds. The CONTRACTOR may be required to submit a corrective action plan for approval by the DEPARTMENT. Reasons for withholding payment of funds may include, but are not limited to: (1) Delinquency in submitting reqnixed reporgs. (2) Fa/lure to show satisfactory progress in achieving the objectives of the project or fa/lure to meet the tm and conditions of the contract. Effective 01114/99 9 (3) Failure to provide adequate management of contract funds or equipment. b. Temporary withholding of funds does not constitute just cause for the CONTRACTOR to intcurapt services to clients. 23. Suspension a. When, as determined by the DEPARTMENT, a CONTRACTOR has materially fa/led to comply with the terms and conditions of the contract, the DEPARTMENT may suspend the contract, Lq whole or in part, upon written notice. The notice of suspension shall state the reason(s) for the suspension, any corrective action required, end the effective date. b. A suspension shall be Lq effect until the CONTRACTOR has provided evidence satisfactory to the DEPARTMENT that corrective action has been or will be taken, or until the contract is termmated. c. Obligations incnrred by the CONTRACTOR during the suspension period shall not be allowed unless expressly authorized Lq the notice of suspension. Necessary costs wkich the CONTRACTOR could not reasonably avoid during the suspension shall be allowed only if the CONTRACTOR had a prior obligation for those expenses. .24. Termination a. This contract may be terminated by the CONTRACTOR upon thirty (30) workLqg days advence written notice only for the failure of the DEPARTMENT to comply with any term, condition, or provision of this contract, including but not limited to the failure to make timely payment for work performed on the project. In this event, the CO~CTOR shall deliver to the DEPARTMENT written' notice specify/ng the nature of the DEPARTMENT's default. The DEPARTMENT shall have the thirty-day notice period to correct the problem that resulted Lq the default notice. b. This contract may be terminated effective [u~uediately by either party when circumstances beyond the control of the DEPARTMENT or the QONTRACTOR make continuation of this contract impossible; c. This contract may be terminated solely by the DEPARTMENT for any of the following reasons: (1) Default bv the CONTRACTOR. The failure of the CONTRACTOR to comply with any term, condition, or provision of this contract shall constitute a default by the CONTRACTOR. In this event, the DEPARTMENT shall deliver to the CONTRACTOR written notice specifying the nature of the CONTRACTOR's default. The DEPARTMENT's notice shall also Lqclude any penalties due for late or unsatisfactory performance. The DEPARTMENT may make termination of the contract effective immediately. If the notice of default sent by the DEPARTMENT does not indicate that the contract shall be teimLqated effective immediately, the CONTRACTOR shall have ten (10) days after receipt of such notice to correct the problem which ~esulted Lq the default notice and to submit payment for the fine imposed. The DEPARTMENT may thereafter issue a notice of /mmediate termination ff the default is not corrected to the satisfaction of the DEPARTMENT or payment of the proposed frae is not received wittdu the ten day period. (2) The convenience of the DEPARTMENT. The DEPARTMENT may term/nate performance of work under this contract Lq whole or Lq part whenever, for any reason, the DEPARTMENT shall determine that such termination is in the best interest of the State. In this event, the DEPARTMENT shall issue a termination notice to the CONTRACTOR at least ten (I0) days prior to the effective termination date. Effective 01/14/99 10 (3) Bankruptcy or Insolvency. In the event that the CONTRACTOR shall cease conducting business in the normal course, become insolvent, make a general assignment for the benefit of creditors, suffer or pemfit the appointment of a receiver for its business or its assets or shall avail itself of, or become subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state related to insolvency or the protection of the rights of creditors, the DEPARTMENT may, at its option, terminate this contract upon written notice to the CONTRACTOR. The CONTRACTOR must inform the DEPARTMENT of its intention to file a petition in bankruptcy at least five days prior to filing such a petition. The CONTRACTOR's fa/hire to comply with this pre- filing notice requirement shall be deemed a material, pre-petition incurable breach. In the event the DEPARTMENT elects to terminate the contract under rids provision, the date of termination shall be deemed to be the date the DEPARTMENT mailed the written term/nation notice to the CONTRACTOR, unless otherwise specified. (4) Unava/lahihw of Funds. The performance by the DEPARTMENT of any of its obligations under the contract shall be subject to and contingent upon the ava/lability of Federal and State moneys lawfully applicable for such purposes. If the DEPARTMENT deems that moneys lawfully applicable to this contract shall not be available at any time during the contract term, the DEPARTM2ENT may issue a termination notice to the CONTRACTOR at least thirty (30) days prior to the effective date that funds to continue this contract will no longer be available. The obligations of the pail/es hereto shall end as of the date specified in the termination notice, and the contract will be considered canceled. (5) Conflict of interest. In the event that the CONTRACTOR is proven to have a conflict of interest, as defined in section 15 of rids contract, the DEPARTMENT shall immediately terminate this contract. d. In the event of termination, the CONTRACTOR shall be reimbursed by the DEPARTMENT only for those allowable costs incurred or encumbered prior to the termination date, subject to the continued ava/lability of fimds to the DEPARTMENT. The supplies and inventoriable items shall be returned or reimbursed to the DEPARTMENT. e. Should this contract terminate prior to the exfwafion date, the CONTRACTOR agrees to deliver such information and items which are due as of the date of terminatio~ including partial/y completed plans, drawings, data, documents, surveys, maps, reports, models, etc. The CONTRACTOR also is responsible to ensure a smooth transition of serv/ces to clients, regardless of whether tkis contract tenninates prior to or upon the expiration date of the contract. If the CONTRACTOR fails to ensure a smooth transition of services to clients, the DEPARTMENT may, at its sole discretion, place the CONTRACTOR on its hst of contractors barred from entering into any contract with the DEPARTMENT and immediately terminate all other then existing contracts between the DEPARTMENT and the CONTRACTOR, pursuant to subsection 24(0. f. Should this contract be terminated under subsection 24(c)(1) ("Default by the CONTRACTOR") or subsection 24(c)(3) ("Bankruptcy or Iusolvencf' of the CONTRACTOR), or should the CONTRACTOR fail to ensure a smooth transition of services to clients as reqdired by subsection 24(e), the DEPARTMENT may, at its sole discretion, place the CONTRACTOR on its list of contractors barred from entering into any contract with the DEPARTMENT. Such placement may be permanent or for an indefmite period of time with no possibility of reinstatement for a frxed period of time, at the sole discretion of the DEPARTMENTi The DEPARTMENT may also, at its sole discretion, immediately terminate all contracts between the DEPARTMENT and CONTRACTOR if the CONTRACTOR is placed on the barfed list of contractors. g. The DEPARTMENT shall not be liable for unemployment compensation arising from the termination of this contract. h. The DEPARTMENT reserves all athninistmtive, contractual and legal rcnnedies which are available in the event that the CONTRACTOR violates or breaches the terms ofttds contract. i. Should the DEPARTMENT obtain a money judgment against the CONTRACTOR as a result of a default under tlMs contract, the CONTRACTOR hereby consents to such judgment being set off from moneys owed the CONTRACTOR by the DEPARTMENT or any other agency of the State under .any other contract. Effective 01114/99 l 1 25. Suspension and Debarment The CONTRACTOR certifies that it is not disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract by any federal department or agency. The CONTRACTOR fiu'ther agrees to comply with the regulations implement~g executive order 12549 regarding debarment and suspension. 26. Contested Cases Any CONTRACTOR who wishes to contest action taken by the DEPARTMENT pursuant to General Conditions 20, 22, 23, or 24 of the contract may do so within 15 days following receipt of notice from the DEPARTMENT. The appeal shall be conducted in accordance with Iowa Code section 17A. 12. 27. Changes of Kev Personnel The CONTRACTOR's personnel specified by uame and title in Article [1I of the Special Conditions are considered to be essential to the work or services being performed. If, for any reason, substimrion or elimmarion of a specified individual becomes necessary, the CONTRACTOR shall provide writtan notification to the DEPARTMENT. Such written notification shall include the succassor's name and rifle. The CONTRACTOR shall notify the DEPARTMENT in writing witlfin five (5) working days of any change of key personnel. A copy of the resume for a director hired during the course of the contract shall also be sent to the DEPARTMENT wit3in five (5) working days from the date of hire. 28. Assignment a. This contract shall not be assigned or transferred by the CONTRACTOR to any third party or parties without written approval in advance by the DEPARTMENT. The DEPARTMENT reserves the right to not contract with a new contractor. b. A writtan agreement with the CONTRACTOR to relinquish all rights to the project, and a written agreement with the new contractor to iccept all the terms and conditions of the contract shall be submitted to and approved in writing by the DEPARTMENT prior to the date of transfer. 29. Changes in Location The DEPARTMENT shall be notified of any change ba office or service location from that show~ in the contract at least five (5) working days prior to such change. 30. Changes in Service Changes in the services to be provided by the CONTRACTOR as outlined/n the contract requke prior written approval by the DEPARTMENT. Discontinuation of any sat-vice may result in a decrease in the contract amount or termination of the contract. 31. Drug Free Workplace In order to comply with the Drag Free Workplace Act of 1988 and 41 U.S. Code Annotated section 701, the CONTRACTOR is required to report any conviction of employees trader a criminal drag statute for violations occurring on the CONTRACTOR's premises or off the CON2rfL~CTOR's premises while conducting official business. A report of a couviction sBall be made to the DEPARTiV[ENT within five (5) working days after the conviction. Effective WI/'I 4/99 12 32. Certification Re~arding Environmental Tobacco Smoke a. Public Law 103-227, also known as the Pro;Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity end used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, ff the services axe funded by Federal programs eithey directly or through State or local governments, by Federal grant, contract, loan, or loan guarentee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to cl2_ldren's services provided in private residences; portions of facilities used for inpatient drag or alcdhol l~eatment; service providers whose sole source of applicable Federal funds is Medicare or Medicaid; or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an admiinstmtive complience order on the respons~le entity. b. The CONTRACTOR certifies that it wSll comply with the reqttirements of the Act and will not allow smoking within any portion of any indoor facility used for the prov/sion of services for children as defined by the Act. c. The CONTRACTOR agrees that it will require that the lenguage of this certification be included in any subcontract or subaward that contains provisions for children's services and that all subrecipients shall certify accordingly. 33. Indemnification The CONTRACTOR end its successors and assignees agree to defend, indemnify and hold the DEPARTMI~NT, eny Consultent/Consultant Affiliate, and the State of Iowa ham~ess from any end all liabilities, darrmges, settlements, judgments, costs and expenses (including reasonable attorney fees of the Attorney General's Office, and the costs and expenses and attorney fees of other counsel required to defend the DEPARTMENT, any Consultant/Consultant A ~liate, or the State of Iowa) related to or arising from any of the following: a. Any violation ofdiis contrdct- b Any negligent acts or omissions of the CONTRACTOP~ its officers, employees, agents, board members, contractors or subcontractors, or any other person in connection with this project. c. Claims for infringement of patents, trademarks, trade dress, trade secrets, or copyrights arising from the work of the project. d. The CONTRACTOR's performance or attempted performance of this contract. e. Any failure by the CONTRACTOR to comply with all federal, state, end local laws and regulations. f. Any failure by the CONTRACTOR to make all reports, payments, and withholdings required by federal and state law with respect to social security, employee income, and other taxes, fees, or costs required by the CONTRACTOR to conduct business in the State of Iowa. g. The death, bodily injury or damage to property of any enrollee, agent, employee, business invitee or business visiter of the CONTRACTOR or any of its subcontractors. Effect'we 01114/99 13 34. Not a Joint Venture Nothing in this contract shall be consmted as creating or constituting the relationship of a parmerskip or joint venture between the parties hereto. Each par~y shall be deemed to be an independent contractor acting toward the mutual benefits expected to be derived harefrom. No party, unless otherwise specifically provided for herein, has the authority to enter into any contract or create an obligation or 1/ability on behalf of, in the name of, or binding upon another party to this contract. 35. Joint Entity If the CONTRACTOR is a joint entity, consisting of more than one individual, partnership, corporation or other business org~niTation, all such entities shall be jointly and severally 1/able for carrying out the activities and obligations of this contract, and for any default of such activities and obligations. 36. Choice of Law and Forum The terms and provisions of this contract shall be construed in accordance with the laws of the State of Iowa. Any and all litigation or actions commenced in connection with rids cuntract shall be brought in Des Moines, Iowa, in the Iowa District Court in and for Polk County, Iowa. If, however, jurisdiction is not proper in the Polk County District Court, the action shall oxdy be brought in the Un/ted States Distr/ct Court for the Southern District of Iowa, Central Division, provided that judsdictiun is proper in that forum. This provision shall not be construed as waiving any immunity to suit or liability that may be available to the DEPARTMENT or the State of Iowa. 37. Waiver Except as specifically prov/ded for in a written waiver signed by duly author/zed representatives of the DEPARTMENT and the CONTRACTOR, failure by either party at any time to require pefforamnce by the other patty or to clains a breach of any provision of the contract shall not be consm*ed as affecting any subsequent breach or the fight to reqn/re performance with respect thereto or to claim a breach with respect thereto. 38. Miscellaneous a. Headings or Captions. The section and subsection headings or captious are for idenfificalion purposes only and do not lirint or conslrae the contents of the sections and subsections. b. Supersedes former Contracts. This contract supersedes all prior contracts between the DEPARTMENT and the CONTRACTOR for services and products provided in connection with this contract. c. Counterparts. The parties agree that this contract has been or may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall together constitute one and the same insmmaent. Effective 0'1/14/99 14 Special Conditions for Contract # 5882LP06 Article I - Identification of Parties. This contract is entered into by and between the Iowa Department of Public Health (herein identified as the DEPARTMENT) and the CONTRACTOR, as identified on the contract face sheet. Article II - Identification of Authorized State Official: The Director of Public Health is the Authorized State Official for this contract. Any changes in the terms, conditions, or amounts specified in this contract must be approved by the Authorized State Official. Negotiations concerning this contract should be referred to: Stephen Quirk, phone 515/281-5784 Article ia- Designation of Contract Administrator, Key Personnel, and Contract Documents Refer to Exhibit I. Article IV - Statement of Contract Purpose The purpose of this contract is to provide funds for the contractor to conduct childhood lead poisoning prevention activities as specified in the attached Work Plan, Exhibit I1/. Article V - Description of Work and Services: The CONTRACTOR shall conduct childhood lead poisoning prevention activities as specified in the attached Work Plan, Exhibit III. Article VI - Reports The CONTRACTOR shall prepare and subrrfit the following reports to the department: Report Claim Voucher Number of Copies Date Due 4 Bythe 10th of each month Expenditure Report 3 By the 10th of each month Quarterly Narrative Report 1 Electronic 10-25-2001 1-25-2002 4-25-2002 7-25-2002 STELLAR Quarterly Report 1 Electronic 10-25-2001 1-25~2002 4-25-2002 7-25-2002 Annual Surveillance Extract I Electronic 4-1-2002 Quarterly Updates for Supervisory Database 1 Electronic 10-25-2001 1-25-2002 4-25-2002 7-25-2002 Article VII - Budget The total approved budget for tiffs contract period is detailed in Exhibit 2. Article VIII - Payments: The DEPARTMENT agrees to reimburse the CONTRACTOR for budgeted and approved expenditures which have been incurred or encumbered during the contract period in a sum not to exceed the contract mount. The CONTRACTOR shall submit the required number of signed vouchers, expenditure reports, and progress reports to the DEPARTMENT on forms approved by the DEPARTMENT. All requests for payment shall be submitted within 45 days of the reporting period in which the costs were incurred or encumbered. A penalty of 5% of the requested payment may be assessed if the required reports are not received in the DEPARTMENT bythe established due date. Article IX - Modification of General Conditions None. Article X - Additional Conditions The contract period is the period during which the current award is available to cover approved project expanses. Continuing funding after this contract period will be available for additional contract periods through the end of the project period, subject to satisfactory contractor performance and the availabihty of funding. 10. Contractor must check Internet e-mail at least once each week for lead poisoning prevention updates sent out by IDPH. No funds may be spent for indirect costs. Expenditures may exceed the approved mount for a specific line item by no more than 10% without prior approval, provided that total contract reimbursement shall not exceed contract totals as shown on Exhibit 1I. Transfers between line items that would cause expenditures for one or more specific line items to exceed the approved amount for a hne item by more than 10% must be approved in advance. Funds must be made available to subcontractors no later than 30 days after the contract is signed. Contractors responsible for maintenance of the main STELLAR database for their project area must notify IDPH within 10 working days of assigning data entry duties to a new staff person. Contractor must assure IDPH that new data entry staff has received appropriate training or work within IDPH to assure that new staff receives appropriate training. Contractors responsible for maintenance of the main STELLAR database for their project area must allow IDPH and other agencies providing medical and environmental case management of lead-poisoned children in the project area to access the main STELLAR database via PC Anywhere. Contractors responsible for maintenance of the main STELLAR database for their project area must enter data into STELLAR on at least a weekly basis and must run Lab Batch and forward case information on to other agencies providing medical and environmental case management at least every two weeks. Contractor must update each board of health in the project area at least once each year regarding activities included in this grant program and must document through the narrative quarterly report that this update has been completed. Contractors responsible for environmental case management of lead-poisoned children must maintain certification of individual inspectors as elevated blood lead inspector/risk assessors and agency certification as an elevated blood lead level inspection agency. Contractor must be enrolled as a Medicaid provider for elevated blood lead inspection services and must recover reimbursement from Medicaid for elevated blood lead inspections. Costs for environmental case management that could be recovered from Medicaid reimbursement may not be billed to this grant. 11. Costs for medical management, such as home nursing visits, that could be recovered from Medicaid reimbursement may not be billed to this grant. 12. Program income, such as Medicaid reimbursement and fees for conducting inspections, must be returned to the lead program and used to enhance lead program efforts. 13. XRF analyzers that were originally purchased, in part or in whole, with Iowa Department of Pubhc Health grant funds, are to be shared with other elevated blood lead (EBL) inspector/risk assessors that have a contract with the Childhood Lead Poisoning Prevention program. This sharing is to be at no cost other than their travel to pick up and deliver the machine. Programs are strongly encouraged to also share the XRF analyzers with government and private, non-profit housing agencies that employ appropriately-certified inspector/risk assessors. Any fees received for sharing the machine with government and private, non-profit housing agencies are considered to be program income that shall be returned to lead program and used to enhance lead program efforts. Exhibit I Contract #5882 Michael C. Van Milligan has been designated by the CONTRACTOR to act as the Contract Administrator. This individual is responsible for financial and administrative matters of this contract. Negotiations regarding this contract should be referred to: Mary Rose Corrigan, telephone 319-589-4181. The following individual(s) shall be considered key personnel: Name Title Mary Rose Corrigan Integrated documents of this contract include: 1. Request for Proposal (RFP) 2. Approved application. 3. Approved budget. 4. Contract face sheet and any subsequent amendments. 5. General conditions effective 1-14-1999. 6. Special conditions effective 7-1-2001. On behalf of the CONTRACTOR, I am responsible for the identified key personnel. I have read the integrated documents listed above and agree to fulfill the requirements and conditions stipulated in this contract. Michael C. Van Milligan City Manager Date: 7/'~( ~'/' EXHIBIT III IOWA CHILDHOOD LEAD POISONING PREVENTION PROGRAM WORK PLAN JULY 1, 2001 - JUNE 30, 2002 DUBUQUE COUNTY The Dubuque County CLPPP is based at the city of Dubuque divisions of health services and housing services. The city of Dubuque division of health services provides data management for Dubuque County. The city of Dubuque divisions of health services and housing services are responsible for case management of lead-poisoned children in all of Dubuque County. Dubuque VNA is responsible for medical case management of lead-poisoned children in all of Dubuque county. The city of Dubuque divisions of health services and housing services coordinate education and outreach activities Dubuque County. PROGRAM PERFORMANCE STANDARDS Increase the percentage of children in the CLPPP service area receiving at 'least one blood lead test between the ages of 12 and 35 months from the current Iowa average of 31 percent to 45 percent by June 30, 2002. Increase the percentage of children in the CLPPP service area receiving at least one blood lead test before the age of six years from the current Iowa average of 44 percent to 60 percent by June 30, 2002. Ensure that at least 95% of children with capillary blood lead levels greater than or equal to 15 gg/dL receive confirmatory venous blood lead measurements. Ensure that at least 50% of children with blood lead levels of 10-14 gg/dL receive follow-up testing at an average interval of three months. Ensure that at least 95% of children with confirmed blood lead levels greater than or equal to 15 [tg/dL receive a home nursing or outreach visit. Ensure that at least 95% of children with confirmed blood lead levels greater than or equal to 15 gg/dL receive a nutrition evaluation. Ensure that at least 80% of children with venous blood lead levels of 15 to 19 [tg/dL receive blood lead testing at an average interval of three months until they have had two blood lead levels less than 10 ~tg/dL or three blood lead levels less than 15 [tg/dL. Ensure that at least 95% of children with venous blood lead levels greater than or equal to 20 ~tg/dL receive blood lead testing at an average interval of six weeks until their blood lead level drops to less than 20 gg/dL. o 10. 11. 12. 13. 14. 15. 16. 17. Ensure that 100% of children with venous blood lead levels greater than or equal to 20 gg/dL receive a complete medical evaluation from a physician. Refer all children with confirmed blood lead levels greater than or equal to 20 gg/dL to the local Area Education Agency for the appropriate developmental testing, evaluation, and assessment. Ensure that at least 95% of children with confirmed blood lead levels greater than or equal to 20 [tg/dL receive the appropriate developmental testing, evaluation, and assessment from their local Area Education Agency. Ensure that 100% of children with two venous blood lead levels greater than or equal to 45 ~tg/dL receive appropriate chelation treatment. Ensure that no more than 5% of children initially identified with blood lead levels of 10-14 [tg/dL eventually have venous blood lead levels greater than or equal to 20 gg/dL Ensure that no more than 10% of children initially identified with venous blood lead levels of 15-19 gg/dL eventually have venous blood lead levels greater than or equal to 20 gg/dL Ensure that at least 50% of children under the age of 3 years with venous blood lead levels greater than or equal to 20 gg/dL have their blood lead levels drop to less than 20 ~tg/dL during their first nine months of case management. Complete environmental investigations for at least 99% of homes associated with children having venous blood lead levels greater than or equal to 20 [tg/dL or persistent blood lead levels from 15-19 [tg/dL according to the following time lines: A. Two blood lead levels of 15 to 19 gg/dL - within 4 weeks. B. Venous blood lead level of 20 to 44 ~tg/dL - within 2 weeks C. Venous blood lead level of 45 to 69 ~tg/dL- within 1 week D. Venous blood lead level greater than or equal to 70 gg/dL - within 2 days. The same time lines apply to children who move to new addresses after the case is initially reported. At a minimum, new addresses should be investigated until the child has had one blood lead level less than 10 [tg/dL or thre. e blood lead levels less than 15 ~g/dL. Identify the probable source of lead exposure for at least 95% of all children having venous blood lead levels greater than or equal to 20 ~tg/dL or persistent blood lead levels from 15-19 Contact at least 95% of the occupants and/or owners of dwellings where lead hazards have been identified within 30 days of the initial investigation to check their progress towards malting the dwelling lead-safe. 18. Follow up on all investigations completed in previous years at least every six months until lead hazard remediation is completed. 19. Ensure that the most serious lead hazards are remediated within 30 days of the initial investigation in at least 80% of homes where lead hazards are identified. 20. Ensure that less serious lead hazards are remediated within one year of the initial investigation in at least 60% of homes where lead hazards are identified. 21. Give presentations about childhood lead poisoning prevention to: Members of targeted high risk populations and those who work for agencies that provide service to these high risk populations Bo Members of the general pubfic, including homeowners, landlords, Realtors, and members of community organizations. Health professionals and para-professionals, including physicians, nurses, and laboratory technicians. 22. Evaluate each presentation of that is at least one in hour in length using a specific evaluation tool developed by the Iowa Department of Public Health or a different evaluation tool approved by the Iowa Department of Public Health. 23. Ensure that at least three local citizens (not affiliated with an interested government or private, non-profit agency) are included in the local coalition. 24. Ensure that the program and/or coalition aggressively pursues and actually receives funding from local government and private non-profit sources.