Health Alert Network (HAN) Memoandum fo Understanding AgreementT®: The Honorable Mayor and City Council Members
FR® Michael C. Van Milligen, City Manager
SUJ CT: Health Alert Network (HAN) MOU Agreement
®ATE: April 16, 2009
Public Health Specialist Mary Rose Corrigan recommends City Council approval of a
Memorandum of Understanding and associated documents for continued use of the
Health Alert Network (HAN) portal system with the Iowa Department of Public Health at
no cost to the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~~._._.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
DUbUgU@
THE CITY OF
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FR®M: Ma Rose Corri an `R~~Public Health S ecialist
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SUBJECT: Health Alert Network (HAN) MOU Agreement
®AT April 13, 2009
INTR®®UCTI®N
This memorandum submits for City Council information and approval a Memorandum of
Understanding (MOU) and associated documents for continued use of the Health Alert
Network (HAN) portal system with the Iowa Department of Public Health.
BACKCR®UN®
The HAN is a total communications package managed by the IDPH. It includes an
internet portal, radio communications and redundant communication systems. The
HAN links Iowa's emergency response community and State government officials
through a centralized information-sharing and emergency notification system. The HAN
is managed by the IDPH through the Center for Disaster Operations and Response
(CDOR).
The internet portal is a secure, web-based communication system allowing users to
issue alerts, share documents, post announcements and news items, and collaborate.
Iowa's HAN was rolled out to users the summer of 2004, when the City began utilizing
it. Today there are over 1700 users on the system.
The HAN is a secure information system which is password protected utilizing
telephone, internet and radio communications. The HAN is not a public warning
system.
DISCUSSI®N
The attached contract allows for the City of Dubuque Health Services Department to
have one user to the HAN system free-of-charge. An additional Health Services
Department staff member has use of the HAN through the Dubuque County contract.
Other public health partners in Dubuque County also utilize the HAN under separate
contract.
REC®EN®,4TI®N
It is recommended the City sign the attached Memorandum of Understanding
authorizing user access to the HAN and its features as described in the MOU at no cost
to the City.
cl~y c®u~cA~ ~4CTI®~
Authorize the City Manager to sign the attached agreement with the Iowa Department of
Public Health for the Health Alert Network MOU.
MRC/cj
~LF~i ~,~ I c~~ ~ ~~ F~ r~ t f I i It
' ~dvancinq Health Through the Generations
i ~, ~ ~ ~ ' ~ ~' _ - ~ - ---
~~" ",E "` ~ Chester J. Culver Patty Judge Thomas Newton
E A R s ~ Governor Lt. Governor Director
To: HAN MOU Recipient
From: Iowa Department of Public Health, Center for Disaster Operations and Response
Subject: Health Alert Network Memorandum of Understanding
Date: February 23, 2009
Enclosed please find a Memorandum of Understanding (MOU) and associated documents for continued
use of the Health Alert Network (HAN) portal system. It is essential that you sign the MOU and return
it to the Iowa Department of Public Health, no later than April 30, 2009. The MOU allows you to
continue use of the system as you have done in the past. It also allows you to add users to the system.
Please note that use of the system will continue to be free of charge (to those with no additional licenses)
as long as adequate funding is available. However, if you send an alert, you will be billed for long
distance telephone charges.
If you wish to add user(s) to the system, please notify us at Tom.Boeckmann(u~IDPH.state.ia.us as soon
as possible so we can update the MOU information prior to your execution. There is a cost associated
with adding users, which can come out of your Preparedness funds, as indicated below:
Collaborator License
$166 initial cost per user license
$45.77 annual maintenance cost after first year
Users have access to most of the functionality provided on the HAN portal. This includes the ability
to access information, publish and edit documents, subscribe to content, fax distribute documents,
look up others in the Public Health Directory and participate in discussions based on the permissions
that have been assigned to that user's roles. Furthermore they will be able to initiate alerts, if the
Administrator grants permissions, and they are able to maintain their own profiles through the portal.
Alert License
$36 initial cost per user license
$13.67 annual maintenance cost after first year
Users have access to some of the functionality provided on the HAN portal. This includes access to
the homepage, News and Announcements and access to the Public Health Directory. They are able to
maintain their own profiles through the portal.
Please do not hesitate to contact Tom Boeckmann at Tom.Boeckmann(a,IDPH.state.ia.us or by phone at
(515) 201-8733 if you have any questions or Linda Pike at Linda.Pilce(a~IDPH.state.is.us .
Lucas State Office Building, 321 E. 12th Street, Des Moines, IA 50319-0075 i i 515-281-7689 ~? www.idph.state.ia.us
DEAF RELAY (Hearing or Speech Impaired) 711 or 1-800-735-2942
Iowa
®epartment of Public Health
321 E. 12th Street Des Moines, IA 50319-0075
515-281-7689 www.idph.state.ia.us
MEMORANDUM OF UNDERSTANDING
MOU-2006-HAN0851
BETWEEN THE
IOWA DEPARTMENT OF PUBLIC HEALTH
AND THE
City of Dubuque
SECTION 1. IDENTIFICATION OF THE PARTIES.
The Iowa Department of Public Health ("IDPH" or "DEPARTMENT") is a state agency authorized to
enter into this agreement. IDPH' S address is Lucas State Office Building, 321 East Twelve Street, Des
Moines, Iowa 50319-0075.
The City of Dubuque -Health Department ("AUTHORIZED USER" or "AUTHORIZED AGENCY")
is a city organized under the laws of the state of Iowa. AUTHORIZED AGENCY'S address is 1300
Main Street, Dubuque, IA 52001.
SECTION 2. PURPOSE. It is the mutual desire of the DEPARTMENT and the AUTHORIZED
AGENCY to collaborate on Health Alert Network (HAN) initiatives. The HAN is a Web-based
information and communication system which allows the DEPARTMENT, local health departments,
hospitals and other authorized users to distribute and receive alerts, educational and informational
announcements, and other important public health and safety news.
The DEPARTMENT has the legal authority to enter into this agreement pursuant to Iowa Code sections
135.11(3) and 135.141 which authorize the DEPARTMENT to issue health alerts, distribute educational
and informational announcements and public health and safety news, and to otherwise coordinate with
other state, local, and private agencies and organizations regarding emergency preparedness matters.
The DEPARTMENT has contracted with Global Secure Systems Corp. (f/k/a/.Virtual Alert Inc) to
obtain certain rights to use the Global Secure Response Manager (f/k/a Bioterrorism Readiness Suite and
referred to herein as the "Software"), a proprietary software product owned and licensed by Global
Secure Systems Corp., for the purpose of establishing and maintaining the HAN. The DEPARTMENT
and Global Secure Systems Corp. have entered into the following contracts: Software License
Agreement dated as of May 29, 2003 and Supplemental Amendment to Software License Agreement
effective as of March 1, 2006 (together referred to herein as "License Agreement") and the Amended
and Restated Software Maintenance Agreement effective as of March 1, 2006 (referred to herein as
"Maintenance Agreement").
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c` ~ Promoting and protecting the health of Iowans.
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The primary reason for this MOU is to grant certain limited rights to the AUTHORIZED AGENCY with
respect to use of the Software and to provide the terms and conditions which shall govern the
AUTHORIZED AGENCY'S use of the Software and the HAN. This Agreement shall also outline the
terms under which the DEPARTMENT shall add AUTHORIZED USERS to the HAN and the terms
under which the AUTHORIZED AGENCY shall reimburse the DEPARTMENT for certain costs
incurred by the DEPARTMENT that are associated with the use of the HAN.
SECTI01~13. DURATION OF AGREEME~tT. The initial term of this Agreement is for five years,
effective as of September 1, 2006 to August 31, 2011, unless terminated earlier in accordance with the
terms of this Agreement. After expiration of the initial term, the DEPARTMENT may elect to renew
this Agreement for additional periods upon such terms and conditions as may be acceptable to the
DEPARTMENT.
SECTIOI~14. CONTRACT ADMINISTRATORS.
Mary Jones, Director, Division of Acute Disease Prevention & Emergency Response has been
designated by the DEPARTMENT to act as its contract administrator for this Agreement. The
DEPARTMENT'S contract administrator must approve any changes in the terms, conditions, or
amounts specified in this Agreement. Contact information:
Name Mary Jones, Director of Acute Disease Prevention & Emergency
Response
Business Name Iowa Department of Public Health
Street Address Lucas State Office Building, 321 East Twelve Street
City, State, Zip Des Moines, IA 50319-0075
Telephone Number (515) 281-4355
E-mail address m'ones id h.state.ia.us
Mike Van Milligen has been designated by the AUTHORIZED AGENCY to act as its, contract
administrator for this Agreement. This individual is responsible for financial and administrative
matters of this Agreement. Contact information:
Name Mike Van Milligen
Business Name City of Dubuque -Health Department
Street Address 1300 Main Street
City, State, Zip Dubuque, Iowa, 52001
Telephone Number 563-589-4184
E-mail address mcorri a cit ofdubu ue.or
SECTION 5. DUTIES OF THE DEPARTMENT.
The DEPARTMENT agrees:
A. To purchase from Global Secure Systems Corp. under the License Agreement user
licenses for the Software on behalf of AUTHORIZED AGENCY. User licenses
requested by AUTHORIZED AGENCY shall be purchased by the DEPARTMENT
on a periodic basis and shall be referred to as "Additional User Licenses", as
identified in Attachment A. AUTHORIZED AGENCY shall reimburse the
DEPARTMENT for all costs incurred by the DEPARTMENT to procure Additional
User Licenses. Costs for the Additional User Licenses shall be based on the
contractual costs set forth in the License Agreement, as amended from time to time.
The DEPARTMENT will notify AUTHORIZED AGENCY of contractual cost
changes prior to their effective date.
B. To purchase Software maintenance from Global Secure Systems Corp. under the
Maintenance Agreement for Core User Licenses and Additional User Licenses on
behalf of AUTHORIZED AGENCY on a quarterly basis. AUTHORIZED AGENCY
shall reimburse the DEPARTMENT for all costs incurred by the DEPARTMENT to
procure such Software maintenance for Additional User Licenses. Costs for the
Software maintenance shall be based on the contractual costs set forth in the
Maintenance Agreement, as amended from time to time. The DEPARTMENT will
notify AUTHORIZED AGENCY of contractual cost changes prior to their effective
date. Under the Maintenance Agreement, only two maintenance representatives
designated by the DEPARTMENT may contact Global Secure Systems Corp. to
receive maintenance and support services. AUTHORIZED AGENCY does not have
any rights under the Maintenance Agreement to contact Global Secure Systems Corp.
directly to report problems with the Software or obtain assistance. AUTHORIZED
AGENCY may contact the DEPARTMENT'S HAN Help Desk (515/281-0914) to
report problems with the Software and the DEPARTMENT shall contact Global .
.Secure Systems Corp. and coordinate with both parties to resolve the problem.
C. To purchase Software maintenance from Global Secure Systems Corp. under the
Maintenance Agreement for user licenses provided to AUTHORIZED AGENCY by
the DEPARTMENT, referred to as "Core User Licenses", identified in Attachment A.
D. To purchase Trend Micro software maintenance for Core User Licenses and
Additional User Licenses on behalf of AUTHORIZED AGENCY. AUTHORIZED
AGENCY shall reimburse the DEPARTMENT for all costs incurred by the
DEPARTMENT to procure such software maintenance for Additional User Licenses.
Costs for the software maintenance shall be based on the contractual costs with Trend
Micro set forth in the DEPARTMENT'S contract with ASAP Software or other
authorized state contract, as amended from time to time. The DEPARTMENT will
notify AUTHORIZED AGENCY of contractual cost changes prior to their effective
date.
E. To submit quarterly invoices to AUTHORIZED AGENCY for all costs associated
with purchasing Additional User Licenses, software maintenance and support, and
other costs associated with AUTHORIZED AGENCY'S use of the HAN and the
Software, and to submit quarterly invoices to AUTHORIZED AGENCY for any long
distance charges resulting from AUTHORIZED AGENCY' S use of the HAN within
30 days of the DEPARTMENT'S receipt of the phone bill from the Iowa
Communications Network (ICN) or any successor provider of long distance service.
F. The DEPARTMENT shall have the sole authority and responsibility to add and
manage all AUTHORIZED AGENCY'S Core User Licenses and Additional User
Licenses, unless otherwise designated by the DEPARTMENT.
G. That it may provide AUTHORIZED AGENCY, upon termination or expiration of
this Agreement, a new agreement that will include sustainability fees based on
contractual and maintenance costs.
SECTI®I~T 6. GRAI~TT ®I' LICENSE RIGHTS, DISCLAIIVIER ®I+' VVARRAIVTIES
A. Pursuant to section 2 .1 .2 of the License Agreement, the DEPARTMENT hereby
grants to AUTHORIZED USER a nonexclusive, nontransferable, nonassignable and
limited right and license to use, install, host, access, execute, perform, and display the
Software solely in connection with AUTHORIZED USER'S authorized use of the HAN,
subject to all of the terms, conditions and restrictions contained in the License Agreement
and this Agreement. The AUTHORIZED USER may not use the Software in any
manner or for any purpose other than as expressly set forth herein, and AUTHORIZED
USER may not distribute. the Software to any person or entity without the
DEPARTMENT'S prior written consent. The rights hereby granted may not be assigned,
transferred or sublicensed by the AUTHORIZED USER, but shall only extend to the
AUTHORIZED USER. The rights hereby granted shall terminate upon: (1) expiration
or termination of this Agreement, or (2) termination of the License Agreement.
AUTHORIZED USER shall not have any right, title, or interest in or to the Software
except for the limited rights granted under this Agreement.
~. THE S®FTdVARE, S®FTVVARE 1®TTE~TA~TCE AND ®THER SERVICES
DESCRIBED HEREIN ARE PR®VIDED "AS IS" WITH®UT W T~' ®E
A1~Y I~I10TD. THE DEPARTII~IENT HERESY DISCLAIMS ALL
REPRESENTATI®1vS, ~A TIES AID C®~tDITI®NS, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED W TY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, OR ARISING
FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
C. IN NO EVENT WILL THE DEPARTMENT BE LIABLE HEREUNDER FOR
INCIDENTAL, CONSEQUENTIAL; INDIRECT, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO
THIS AGREEMENT OR THE USE OF THE SOFTWARE, REGARDLESS OF
THE THEORY OF LIABILITY OR FORM OF THE ACTION, WHETHER IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE
DEPARTMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL THE DEPARTMENT'S LIABILITY UNDER
THIS AGREEMENT EXCEED THE AMOUNTS PAID BY AUTHORIZED USER
TO THE DEPARTMENT UNDER THIS AGREEMENT.
SECTION 7. DUTIES OF THE AUTHORIZED AGENCY.
The AUTHORIZED AGENCY agrees:
A. To reimburse the DEPARTMENT for all costs and expenses incurred by the
DEPARTMENT for purchasing Additional User Licenses for the Software on behalf
of AUTHORIZED AGENCY.
B. To reimburse the DEPARTMENT for all costs and expenses incurred by the
DEPARTMENT for purchasing Trend Micro software maintenance for Additional
User Licenses on behalf of AUTHORIZED AGENCY.
C. To reimburse the DEPARTMENT for all costs and expenses incurred by the
DEPARTMENT for purchasing Global Secure Systems Corp. Software maintenance
for Additional User Licenses on behalf of AUTHORIZED AGENCY.
D. To reimburse the DEPARTMENT for all long distance charges resulting from the
AUTHORIZED AGENCY' S use of the HAN.
E. To submit payments to the DEPARTMENT for the use of the HAN and for all
reimbursements of the DEPARTMENT'S costs as provided herein within 60 days of
AUTHORIZED AGENCY' S receipt of the DEPARTMENT' S invoices. If the
AUTHORIZED AGENCY fails to pay or reimburse the DEPARTMENT within such
60-day period, the DEPARTMENT may terminate this Agreement and the license
rights granted hereby or may terminate the AUTHORIZED AGENCY'S right to
obtain Additional User Licenses for the Software. If the AUTHORIZED AGENCY
wishes to add Additional User Licenses at a later date, the AUTHORIZED AGENCY
shall repay all costs associated with adding Additional User Licenses.
F. To comply with all of the terms, conditions and restrictions of the License Agreement
and this Agreement. The AUTHORIZED AGENCY hereby acknowledges that it has
read and understands the terms, conditions and restrictions of the License Agreement,
as described in Attachment B.
G. To comply with the terms and conditions of the Maintenance Agreement. The
AUTHORIZED AGENCY hereby acknowledges that it has read and understands the
terms and conditions of the Maintenance Agreement, as described in Attachment C.
H. To abide by the HAN Resource Manual as contained in Attachment D.
I. To purchase any computers or computer equipment necessary to use the Software and
the HAN and to install all software and other components associated with
AUTHORIZED AGENCY'S use of the Software and the HAN.
The AUTHORIZED AGENCY'S duties and obligations set forth in Sections 7.A. - 7.I.
above shall survive termination or expiration of this Agreement.
SECTIOle1 ~. INDEMNIFICATIO~t
A. AUTHORIZED AGENCY agrees to defend, protect, indemnify and hold harmless the State of Iowa
and the IDPH, and their officers, employees, board members, representatives, officials, agerits and
volunteers from and against any and all claims, costs, expenses, losses, claims, damages, liabilities,
settlements and judgments, including, without limitation, the reasonable value of the time spent by the
Attorney General's Office, and the costs and expenses and reasonable attorney's fees of other counsel
required to defend the State of Iowa or the IDPH, related to or arising from:
1 Any violation or breach of any term or condition of this Agreement or any violation or
breach by AUTHORIZED AGENCY of any term or condition of the License Agreement, the
Maintenance Agreement, or the HAN Resource Manual;
2 Any negligent, intentional or wrongful act or omission of AUTHORIZED AGENCY or
any agent or subcontractor utilized or employed by AUTHORIZED AGENCY;
3 AUTHORIZED AGENCY'S performance or attempted performance of this Agreement,
including through any agent or subcontractor utilized or employed by AUTHORIZED
AGENCY;
4 Any failure by AUTHORIZED AGENCY to comply with the compliance with the Law
provision of this Agreement (Section 9.B.);
5 Any infringement or misappropriation of any copyright, trademark, patent, trade dress,
trade secret or other intellectual property right; or
6 Any failure by AUTHORIZED AGENCY to adhere to any confidentiality provisions of
the License Agreement, the Maintenance Agreement, the HAN Resource Manual or this
Agreement.
B. Survives Termination. The indemnification obligations of AUTHORIZED AGENCY shall
survive termination or expiration of this Agreement.
SECTI®~19. TE NATIOI~T.
A. The DEPARTMENT may terminate this Agreement, without penalty, by providing at least thirty
(30) days written notice to the AUTHORIZED AGENCY.
B. The DEPARTMENT may terminate this Agreement immediately and without penalty if it
determines that the AUTHORIZED AGENCY has violated any of the terms or conditions of this
Agreement, the License Agreement, the Maintenance Agreement, or the HAN Resource Manual.
C. The AUTHORIZED AGENCY may terminate this Agreement by providing at least sixty (60) days
written notice to the DEPARTMENT and upon payment to the DEPARTMENT of any unpaid amounts
due in respect of this Agreement.
D. Upon termination or expiration of this Agreement by either party, AUTHORIZED AGENCY shall
return all copies of the Software and all related documentation in its possession to the DEPARTMENT.
E. The DEPARTMENT shall have the right to terminate this Agreement without penalty by providing
at least ten (10) days written notice to the AUTHORIZED AGENCY if the DEPARTMENT determines
that any of the following conditions exist: adequate funds are not appropriated or legally available to
allow the DEPARTMENT to fulfill its obligations under this Agreement; adequate funds are de-
appropriated or not allocated or available or if funds needed by the DEPARTMENT, at the
DEPARTMENT'S sole discretion, are insufficient for any reason; the DEPARTMENT'S authorization
to operate is withdrawn or there is a material alteration in the programs administered by the
DEPARTMENT; or the DEPARTMENT' S duties are substantially modified.
SECTION 10. ADMIl~tISTRATIOI~t
A. Compliance with the I,aw. The AUTHORIZED AGENCY, its officers, employees, agents, and
subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances,
regulations and orders when performing under this Agreement, including without limitation, all laws
applicable to the prevention of discrimination in employment and the use of targeted small businesses as
subcontractors or suppliers.
B. Amendments. This Agreement maybe amended in writing from time to time by mutual consent of
the parties. All amendments to this Agreement must be in writing and fully executed by the parties.
C. Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This
Agreement is intended only to benefit the State, the IDPH and the AUTHORIZED AGENCY.
D. Choice of I,aw and Forum. The laws of the State of Iowa shall govern and determine all matters
arising out of or in connection with this Agreement without regard to the choice of law provisions of
Iowa law. In the event any proceeding of a quasi judicial or judicial nature is commenced in connection
with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in Polk County
District Court for the State of Iowa, Des Moines, Iowa. This provision shall not be construed as waiving
any immunity to suit or liability including without limitation sovereign immunity in State or Federal
court, which maybe available to the IDPH or the State of Iowa.
E. Assignment and Delegation. This Agreement may not be assigned, transferred or conveyed in
whole or in part by AUTHORIZED AGENCY without the prior written consent of the DEPARTMENT.
For the purpose of construing this clause, a transfer of a controlling interest in the AUTHORIZED
AGENCY shall be considered an assignment.
F. Integration. This Agreement represents the entire agreement between the parties. The parties shall
not rely on any representation that may have been made which is not included in this Agreement.
G. Headings or Captions. The paragraph headings. or captions used in this Agreement are for
identification purposes only and do not limit or construe the contents of the paragraphs.
H. Mot a Joint Venture. Nothing in this Agreement shall be construed as creating or constituting the
relationship of a partnership, joint venture, (or other association of any kind or agent and principal
relationship) between the parties hereto. Each party shall be deemed to be an independent contractor
contracting for services and acting toward the mutual benefits expected to be derived herefrom. No
party, unless otherwise specifically provided for herein, has the authority to enter into any agreement or
create an obligation or liability on behalf of, in the name of, or binding upon another party to this
Agreement.
I. Joint and Several Liability. If the AUTHORIZED AGENCY is a joint entity, consisting of more
than one individual, partnership, corporation or other business organization, all such entities shall be
jointly and severally liable for carrying out the activities and obligations of this Agreement, and for any
default of such activities and obligations.
J. Supersedes Former Agreements or Agreements. This Agreement supersedes all prior agreements
between the IDPH and the AUTHORIZED AGENCY with respect to the subject matter of this
Agreement.
I~. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction
to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any
other part or provision of this Agreement.
L. Authorization. The AUTHORIZED AGENCY represents and warrants to the DEPARTMENT
that:
1 It has the right, power and authority to enter into and perform its obligations under this
Agreement.
2 It has taken all requisite action (corporate, statutory or otherwise) to approve execution, delivery
and performance of this Agreement, and this Agreement constitutes a legal, valid and binding
obligation upon itself in accordance with its terms.
P/I. Successors in Interest. All the terms, provisions, and conditions of the Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal
representatives.
1`t. A`vard of 12elated Agreements. IDPH may undertake or award supplemental or successor
agreements for work related to this Agreement, or with respect to the Software. The AUTHORIZED
AGENCY shall cooperate fully with other contractors, consultants and other persons who maybe
engaged by IDPH in connection with this Agreement, or with respect to the Software. AUTHORIZED
AGENCY will ensure that its subcontractors will abide by this provision.
O. Sovereign Immunity. IDPH does not waive sovereign immunity by entering into this Agreement
and specifically retains immunity and all defenses available to it under Iowa law, including, without
limitation, Iowa Code Chapter 669 and the Constitution of the State of Iowa.
P. Non-Exclusive 12ights. This Agreement and the rights granted hereby are not exclusive. The
DEPARTMENT reserves the right to grant rights identical or similar to those granted hereby to third
parties at anytime.
Q. Any use of the DEPARTMENT'S name, logo, or other identifier, including but not limited to the
"HAN logo" and the "HAN name" must have prior written approval from the DEPARTMENT.
1Z. Sections 6(C) and 8 of this agreement shall have no force or effect if the AUTHORIZED AGENCY
is an Iowa state agency or an Iowa regent institution.
IN WI'T'NESS WIIEREOF, in consideration of the mutual covenants set forth above and for other good
and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby
acknowledged, the parties have entered into the above Agreement and have caused their duly authorized
representatives to execute this Agreement.
AU'TH012IZED AGENCY
~~~
Mike Van Milligen, City Manager
DATE ~ r~=/ ~'~
s
IOWA DEiDA,12'T1ViEN'I' OF PiJRI.,IC I~EAI.,'I'II
I3Y
Mary Jones, Director
Division of Acute Disease Prevention and Emergency Response
DATE:
Iowa ®epartment of Public Health
®ivision of Acute ®isease Prevention Emergency Response
acr~en
Dubuque City /Health Department
Core User Licenses
Core users are those users who hold a license for the HAN system which was purchased by the
Iowa Department of Public Health using the Centers for Disease Control and Prevention (CDC)
Public Health Emergency Preparedness Grant or the Health Resources Services Administration
(HRSA) National Bioterrorism Hospital Preparedness Program Grant. These licenses will be
maintained as part of the core licenses as long as sufficient federal funding is available.
Core Administrator level user licenses: 0
Core Collaborator level user licenses: 1
Core Alert level user licenses: 0
Additional User Licenses
Additional users are those users who hold a license for the HAN system which were purchased
through IDPH by an AUTHORIZED AGENCY. These licenses are to be maintained by the
purchasing AUTHORIZED AGENCY.
Additional Administrator level user licenses: 0
Additional Collaborator level user licenses: 0
Additional Alert level user licenses: 0
February 23, 2009 Health Alert Network (HAN) Page 1 of 1
Iowa ®epartment of Pubiic hlealth
®ivision of Acute ®isease Prevention ~ Emergency Response
achtnen~t
License Agreement
The License Agreement is comprised of two contracts, entered into by the DEPARTMENT and
Global Secure Systems Corp. These two contracts are the Software License Agreement dated
as of May 29, 2003 and the Supplemental Amendment to Software License Agreement effective
as of March 1, 2006 (together referred to herein as "License Agreement'.
April 12, 2007 Health Alert Network (HAN) Page 1 of 1
(~Op1~
SOFTWARE LICENSE AGREEMENT
This Agreement dated as of .~ 29 ZGD.3. ("Effective Date"}, between Virtual Alert, Inc., a
California corporation ("Virtual Alert") and ~,,,~ ~ ®~ Pat<<k ~~~~~-~ (~`L1Gensee")
establishes the basis for a procurement relationship under which Virtual Alert licenses the Bio-Terrorism
Readiness Suite software ("Product") described in the Purchase Order (defined below) issued under this
Agreement. ~ •
1.0 Definitions
"Affiliates'! means entities that control, are controlled by, or are under common control with a' party to
this Agreement and that have signed a Purchase Order.
"Agreement" means this agreement and any relevant Purchase Order.
"Derivative Work" means a work that is based on an underlying work and that would be a copyright
infringement if prepared without the authorization of the copyright owner of the underlying work.
"Error Corrections" means revisions that correct errors and deficiencies (collectively referred to as
"Errors") in the Product.
"Externals" means any pictorial, graphic, or audiovisual works generated by execution of code and any
programming interfaces, languages or protocols implemented in code to enable interaction with other
computer programs or end users. Externals do not include the code that implements them.
"Personnel" means agents, employees, or contractors engaged by Licensee including persons that have
been granted user authorization by Licensee.
"Prices" means the agreed upon payment and currency for Product and Services, including all applicable
fees, professional services fees, royalty payments and taxes, as specified in the relevant Purchase Order.
"Purchase Order" means any document attached to or included in this Agreement which describes the
Product, inelu~ing any requirements or specifications, and is the only authorization for Virtual Alert to
sell any product or to perform any work under this Agreement.
"Source Code" means computer programming code that may be displayed in a forth readable and
understandable by a programmer of ordinary skill.
2.0 Grant of License:
2.1 Riaht of Use. Virtual Alert will deliver to Licensee one complete copy of the Product described
in the relevant Purchase Order, which shall only be used for the purposes described herein. The product
shall only be used by persons and for purposes within Licensee's geographic ,jurisdari;; firtual Alert
will provide to Licensee, at no charge, Error Corrections for the Product beginning when Licensee
accepts the Product and continuing for the Error Correction Warranty Period specified in the relevant
Purchase Order. The License hereby granted may not be transferred or sublicensed, but shall extend to
any department or subdivision of Licensee including persons granted user authorization by Licensee
(collectively, "Affiliates"). Licensee shall be responsible for the compliance by each such•Affiliate with
the terms and provisions of this Agreement. Licensee shall not reverse engineer, reverse compile or
Page 1 of G~
disassemble the Product, or otherwise attempt to derive the Source Code to any software or technology
licensed under this Agreement. The foregoing shall not apply to such activities conducted in.the ordinary
course of technical support of Licensee products such as may occur in the use of debugging tools.
Purchasing the Product is similar to purchasing many other "Common, Off-the-Shelf 'software products.
Licensee is purchasing a license for the right to use the product. The companies that designed and built
the product and the related software platforms on which the software operates own the actual code
behind the product and the Licensee will not receive Source Code, or the rights to the Source Code.
2.2 Showcase Account. In consideration of the special pricing, terms and conditions provided to
Licensee hereunder, .Licensee agrees, subject to Virtual Alert obtaining the prior written consent of
Licensee before commencing any of the following activities, to be a "Showcase Account" for Virtual
Alort. A~ .u Showcase Account, Licensee agrees to cooperate with Virtual Alert (i) in preparation of at
least n`v~ (2) press releases and two (2) case studies that shall be released upon both parties prior written
author'-i~a.~on (one within seven (7) days after schedule signing and one within one (1) month after
imlrtementaeion of the Software), where the aforementioned materials .can be used for Virtual Alert's
marketing pu.r,2~s (including, but not Limited to, placement on Virtual.Alert's svebsife, use in markeng
materials, ete.) (ii) in providing oral and/or written references to Virtual Alert's prospective customers
and occasional site visits by Virtual Alert's prospective customers at Licensee's facility demonstration of
Virtual Alert's products in use by Licensee's personnel; provided each site visit is scheduled on a
mutually agreeable date at least two (2) weeks prior to the actual site visit; (iii) in providing oral and/or
written references to press and industry analysts; (iv) in conducting a video testimonial to be used for
Virtual Alert's marketing purposes•(i.e, Virtual Alert's website, trade shows, etc.); and (v) in delivering
pre-approved quotations to be used in Virtual Alert's marketing materials. The parties further agree that
Virtual Alert may include Licensee's logo on publicly displayed customer lists (including Virtual Alert's
Internet Web Site) provided a) Licensee's name is not the sole customer listed or emphasized in any
manner; and b) Virtual Alert complies with Licensee's trademark guidelines as provided by Licensee to
Virtual Alert. Licensee's prior consent shall be obtained prior to each such activity. Such consent shall
not be unreasonably withheld.
3.0 - Term and Termf nation: Product acquired by Licensee on or after the Effective Date will be
covered by this Agreement. This Agreement will remain in effect until terminated. Licensee may
terminate a Purchase Order without cause within two (2) days of date of its receipt. Upon termination,
Licensee shall return to Virtual Alert copies of all software received.
4.0 Pricing: Except for pre-approved expenses specified in the relevant Purchase Order, the Prices
for Product specified in a Purchase Order and accepted by Licensee will be the only amount due to
Virtual Alert in connection with the license. However, if Product is used for purposes other than those
purposes described herein; or if the total amount of users exceeds the number of users licensed,
additional license fees will be due.
5.0 Acceptance: The Product will be deemed accepted by Licensee and meeting all requirements
unless it provides notice to Virtual Alert ofnon-conformity within two (2) days of date of its receipt. The
parties agree that such acceptance shall not limit, any of the remedies or rights otherwise provided to
Licensee hereunder.
5.0 Representations and Warranties: Virtual Alert makes the following ongoing representations
and warranties: (i) it has the right to enter into this Agreement and its performance of this Agreement
will not violate the terms of any contract, obligation, law, regulation or ordinance to which it is or
Page 2 of EiE~
becomes subject; (ii) n~ ~elaim, lien, or action exists or is threatened against Virtual Alert that would
interfere with Licensee's rights under this Agreement; (iii) Product is sa'.' #'or any use consistent with and
will comply with the specifications and requirements in this Agreement: (iv) Product will be tested for,
and does not contain, Harmful code; (v) Product does not infringe any privacy, publicity, reputation or
intellectual property right of a third party; and (vi) all authors have agreed not to assert their moral rights
(personal. rights associated with authorship of a work under applicable ]aw) in the Product, to the extent
permitted by ,law. ONLY .WRITTEN COMMUNICATIONS FROM VIRTUAL ALERT SHALL
REPRESENT THE FUNCTIONAL .AND TECHNICAL CAPABILITUES OF THE END
PRODUCT. EXCEPT AS STATED IN TffiS SECTION, VIRTUAL ALERT MAKES NO
EXPRESS OR IMPLIED WARRANTIES, SUCH AS WAI2RANTTES OF PERFORMANCE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.0 Intellectual Property
7.1 Right, Title and Interest. Right, title and interest in and to the technology shall remain
the sole' and exclusive property of Virtual Alert, as well as in any invention or discovery, including
without limitation, information, improvements, innovations, suggestions, ideas and reports (whether
patentable and/or copyrightable or not), conceived or reduced to practice shall remain the sole and
exclusive property of Virtual Alert. Licensee shall execute such documents and take such further action
as may be necessary to obtain, maintain or enforce patents or copyrights on said inventions or discoveries
in Virtual Alert's name in the United States and elsewhere.
7.2 Perfection of Copyrights: Upon request, Virtual Alert • will provide to Licensee a
"Certificate of Originality" or equivalent documentation to verify authorship of Product. Virtual Alert
will be responsible for registration, maintenance and enforcement of copyrights for Products.
7.3 Names and Trademarks: Virtual Alert grants Licensee a nonexclusive, worldwide,
perpetual, irrevocable, paid-up license to use the names and trademarks Virtual Alert uses to identify the
Product for Licensee's marketing of the Product. If Virtual Alert objects to Licensee's improper use of
Virtual Alert's names or trademarks, Licensee will take all reasonable steps necessary to resolve Virtual
Alert`s objections, Virtual Alert may reasonably monitor the quality of Product bearing its trademark
under this license.
8.0 Indemnification
8.1 By Virtual Alert. •Virtual Alert shall, at its own expense, defend and indemnify Licensee
for damages and reasonable costs incurred in any suit, claim or proceeding brought against Licensee
alleging that the technology or trademarks used in relation thereto and which was licensed pursuant to
this Agreement infringe (i) any patents in the U.S., (ii) any copyrights worldwide, or (iii) any trademarks
ill any Countries in •v>,;ch Virtual Alert markets products .in coru~ectiori with the Virtual Alert trademarks,
or misappropriate any trade secrets, provided that Virtual Alert is promptly notified, rendered reasonable
assistance by Licensee as required, and permitted to direct the defense or settlement negotiations. Virtual
Alert •shall have no Liability for any infringement arising from: (a) the integration or combination of the
technology, or trademarks together with other software, materials or products not integrated or combined
by Virtual Alert, if the infringement would have been avoided in the absence of such integration or
combination; or (b) the use of other than a current unaltered release of the software available
from Virtual Alert, if the infringement would have been avoided by the use of the then-current release,
and if Virtual Alert has provided such current release to Licensee.
Page 3 of 6Fi
8.2 Remedies. In the event Virtual Alert reasonably believes that the use or distribution of
any technology or Virtual Alert trademarks is likely to be enjoined, Virtual Alert may, at its option,
either: (i) substitute functionally equivalent non-infringing 'technology; (ii) modify the infringing item so
that it no longer infringes but remains functionally equivalent; or (iii) if none .of the foregoing is feasible,
Virtual Alert may take back such infringing item or items and terminate only that portion of the license
associated with respect to such item or items, subject to a mutually satisfactory equitable reduction in the
fees payable under .this Agreement. SECTIONS 8.1 and 8.2 STATE LICENSEE'S SOLE AND
EXCLUSIVE REMEDY WITH RESPECT TO CLAIMS OF INFRINGEMENT OF PROPRIETARY
RIGHTS OF ANY KIND, .AND .ALL PURCHASE ORDER WARRANTIES OF NON-
INFRINGEMENT, EXPRESS OR IMPLIED, ARE SPECIFICALLY DISCLAIMED AND EXCLUDED.
8.3 By Licensee. Licensee shall, at its own expense, defend and indemnify Virtual Alert for
damages and costs incurred in any suit, claim or proceeding brought against Virtual Alert or its Affiliates
arising from acts performed by Licensee, directly or indirectly, in contract, negligence or tort.
9.0 Confiderntiality:
9.1 For the purposes of this Agreement, "Confidential Information" shall mean any
information delivered by one party to another which the receiving party ("Receiving Party") knows or
has reason to know is considered confidential by disclosing party ("Disclosing Party"). Without limiting
the foregoing, the technology; implementation methodologies, training methodologies, documentation
and the terms and pricing of this Agreement, and if applicable, the Software Maintenance Agreement,
shall be deemed Confidential Information. The Receiving Party agrees to take precautions to prevent any
unauthorized disclosure or use of Confidential Information of the Disclosing Party consistent with
precautions used to protect the Receiving Party'_s own Confidential Information, but in no event less than
reasonable care. Except as provided below, Licensee agrees to treat the Confidential Information as
confidential and shall not disclose the Confidential Information to any person or entity without the
Disclosing Party's prior written consent. The Receiving Party may only disclose the Confidential
information to those who reasonably require access to such Confidential Information to perform
obligations under this Agreement, The Receiving Party.shall take all appropriate steps to ensure that its
employees and contractors who are permitted access to the Confidential Information of the Disclosing
Party agree to act in accordance with the obligations of confidentiality imposed by this Agreement.
Should any party be faced with legal action to disclose Confidential information under this Agreement,
the Receiving Party shall promptly notify the Disclosing Party and upon the Disclosing Party's request,
shall reasonably cooperate with the Disclosing Party in contesting such disclosures. The obligations
imposed by this Section shall survive any termination of this Agreement. The obligations set forth in this
Section 9.0 shall not apply to any particular portion of any Confidential Information to the extent that; '(i)
now or subsequently becomes generally known or available through no act or omission of Receiving
Part,; (ii) was or is lmo-,-,rn at the time of peoeipt of same from Disclosing Parry; (iii) is provided by the
Disclosing Party to a third party without restriction on disclosure; (iv) is subsequently rightfully provided
to Receiving Party by a third party without restriction on disclosure; or (v) is independently developed by
Receiving Party and as can be demonstrated from Receiving Party's business records and documentation,
provided the person or persons developing same had not had access to the Confidential Information of
the Disclosing Party prior to such independent development.
9.2 Licensee agrees to maintain confidentiality with respect to the terms and pricing set forth
in this Agreement, the Purchase Order and, if applicable, the Software Maintenance Agreement.
Page 4 of Gtr
10.0 Liability: EXCEPT FOR LIABILITY FOR BREACH OF SECTION 9 (CONFIDENTIALITY)
AND EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 8 (INDEMNIFICATION): (A)
NEITHER PARTY SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF REVENUE OR
LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY
REPRESENTATIVE OF A PARTY HERETO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMANGES; AND (B) IN NO EVENT SHALL VIRTUAL ALERT'S LIABILITY UNDER
THIS AGREEMENT EXCEED THE AMOUNTS PAID BY LICENSEE TO VIRTUAL ALERT
UNDER THIS AGREEMENT.
11.0 Reeordkeeping and Audit Rights: Virtual Alert will maintain (and provide to Licensee upon
request) relevant accounting records to support invoices. under this Agreement and proof of required
permits and professional licenses, for two (2) years following completion or termination of the relevant
Purchase Order. All accounting records will be maintained in accordance with generally accepted
accounting principles.
Virtual Alert may, in its discretion and at any time, audit the number of users by Licensee and its
Affiliates to ensure compliance with this Agreement and Purchase Order.
12.0 General: This Agreement may only be amended by a writing specifically referencing this
Agreement which has been signed by authorized representatives of the parties. Virtual Alert may assign
this Agreement to any person to whom it transfers all or substantially all of its rights in the technology.
Except as provided in the preceding sentence, neither party may assign, voluntarily, by operation of law,
or otherwise, any rights, or delegate any duties under this Agreement (other than the right to receive
payments) without the other party's prior written consent. Any attempt to do so without that consent will
be void; This Agreement will bind and inure to the benefit of the parties and their representative
successors and permitted assigns. This Agreement will be governed by and construed in accordance with
the laws of the United States and the State of California as applied to agreements entered into and to be
performed entirely within California between California residents. The parties agree that the United
Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from
application to this Agreement. This Agreement may be signed in one or more counterparts, each of
which will be deemed to be an original and all of which when taken together will constitute the same
agreement. Any copy of this Agreement made by reliable means is considered an original. Affiliates
will acknowledge acceptance of the terms and conditions of this Agreement through the signing of a
Purchase. Order before conducting any transaction under this Agreement. This Agreement replaces any
prior oral or written agreements or other communication between the parties with respect to the subject
matter of this Agreement, excluding any confidential disclosure 'agreements. If any term in this
P.greement is found by ccmpetent judicial authority to'oe unenforceable in any respect, the validity of the
remainder of this Agreement will be unaffected, provided that such unenforceability does not materially
affect the parties' rights under this Agreement. The provisions set forth in the following Sections and
Subsections of this Agreement will survive after termination of this Agreement and will remain in effect
until fulfilled: "Representations and Warranties", "Intellectual Property", "Indemnification", "Limitation
of Liability", "Reeordkeeping and Audit Rights", "Arbitration", and "Confidentiality". An effective
waiver under this Agreement must be in writing signed by the party waiving its right. A waiver by either
party of any instance of the other party's noncompliance with any obligation or responsibility under this
Agreement will not be deemed a waiver of subsequent instances
Page 5 of 6Fi
13.0 Arbitration. Tt is agreed that any and all disputes arising under this Agreement, or under any
instnunent made to carry out the terms of this Agreement, shall be settled by binding arbitration. The
parties shall select one neutral arbitrator, if the parties cannot agree, then the Court may appoint one
pursuant to Code of Civil Procedure Section 1281.6, whose decision shall be confirmed and may be
enforced in any court of competent jurisdiction. The site of the arbitration shall be Sacramento County,
California. The proceedings before the arbitrator shall be governed by the California Arbitration Act as
set forth in California Code of Civil Procedure Section 1280 et. seq. The prevailing party in any
arbitration under this Agreement, or in any legal proceeding brought to enforce the right to arbitration or
the arbitrators' award, shall be entitled to recover its attorneys' fees and costs, including expert witness
fees, from the non-prevailing party. The discovery procedures set forth in Section 1283.05 of the
California Cade of Civil Procedure shall apply to any such arbitration. Nothing herein shall prohibit a
party from seeking interim or equitable relief in a Califomia Superior Court while the arbitration is
pending.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and delivered on
the day and year first above written.
ACCEPTED AND AGREED TO;
ACCE E A D TO:
B
i e Date
,~~t 2- ~ ~~ ~~~
Printed Name .
'V'irtual Alert, Inc.
Page 6 of Ci(~
C~Oo pal
SUPPLEI4ZENTAL AMENDMENT T® S®IH'T6~ARE LICENSE AGREEMENT
This Supplemental Amendment to Software License Agreement (this "Amendment") is
made effective as of March 1, 2006 ("Effective Date") by and between Global Secure Systems
Corp., a corporation organized under the laws of California f/k/a Virtual Alert, Inc. ("GS
Systems"), and the State of Iowa ("State"), acting by~and through the Department of Public
Health ~("Department") (the State and the Department shall be referred to individually and
collectively as "Licensee").
RECITALS
A. GS Systems and Licensee entered into a Software License Agreement dated May 29,
2003 (the "Software License Agreement"), pursuant to which Licensee obtained certain rights to
use the Bioterrorism Readiness Suite (now known as Global Secure Response Manager), a
proprietary software product owned and licensed by: GS Systems to third parties (the "Software,"
sometimes also. referred to herein as the "Product").
B. GS Systems and the Licensee entered into Iowa Department of Public Health Contract
Number S884BT17 ("Contract 5884BT17") on April 8, 2004 pursuant to which GS Systems,
among other things, agreed to (1) provide to the Licensee a secondary license to the Software and
the necessary communication server software for the Licensee to operate two iterations of the
Software (a primary and a backup) utilizing 48 lines for communication and fax capabilities, (2)
provide 120 additional user Licenses at the Alert level far the Software under certain conditions,
and (3) provide. l0 additional days of training on the Software.
C. Pursuant to Amendment No. 2 to Contract No. S884BT17, dated August 24, 2004 the
Licensee purchased from GS Systems 1S2 additional user licenses to the Software at the
Collaborator level and 1S9 additional user licenses to the Software at the .Alert level.
D. The Licensee desires to purchase additional user licenses to the Software and GS Systems
is willing to sell to the Licensee additional user licenses to the Software.
E. The Licensee and GS Systems desire to supplement and amend the Software License
Agreement as set forth herein.
NOVJ THEP.EFOP.E, in consideration of the mutual covenants contained herein and for
other good and~a able consideration, the receipt and sufficiency of which are hereby
acknowledged,~hEicensee and GS Systems, intending to be legally bound, hereby agree as
follows;
1. Incorporation of License Purchases. The software license and user licenses for the
Software that the Licensee purchased under Contract S884BT17 and Amendments No. 1 and No.
2 thereto are hereby incorporated into the Software License Agreement.
Supplemental Amendment to Software License Agreement
Iowa Department of Public Health
2. Additional User Licenses: Conversion of User Licenses.
2.1 From time to time, the Licensee may purchase and GS Systems shall grant
additional user licenses for the Software under the Software License Agreement. The one time
license fees for Users are as follows: .
User Level Cost Per License
Administrator $240
Collaborator $120
Alert $20
Licensee may purchase additional user licenses by delivering to GS Systems a purchase order
stating (i) the number of Authorized Users for whom licenses are being purchased, (ii) the user
level for each license, and (iii) the individual price for each License and the aggregate price as
calculated as provided above for such user licenses. Upon receipt of a purchase order for
additional user licenses from the Licensee, GS Systems shall submit an invoice to the Licensee in
a form reasonably acceptable to the Licensee. The Licensee shall pay all invoices in arrears and
in conformance with Iowa Code section 8A.514 and 11 Iowa Admin. Code 41.1(2): The
Licensee may pay in less than sixty (60) days, as provided in Iowa Code section 8A.514.
However, an election to pay in less than sixty (60) days shall not act as an implied waiver of Iowa
Code section 8A.514., Notwithstanding anything herein to the contrary; the Licensee shall have
the right to dispute any invoice submitted for payment and withhold payment of any disputed
amount if the Licensee believes the invoice is inaccurate or incorrect in any way. GS Systems
shall have no obligation to grant any user licenses until it has received payment for such user
licenses. GS Systems acknowledges that the Licensee has folly paid.(i) license fees for 2,306
Authorized Users of the Software (30 Administrator level user licenses, 1767 Collaborator level
user Licenses and 509 Alert Level user licenses), and (ii) and the initial server and back-up server
license fee of $220,000 for use of the Software by the Department. .
2.2 Frorn time to time, but no more than once a year, Licensee may convert its
existing user licenses, without the payment of any additional license fees, according to the
following conversion formula:
1 administrator user license = 2 collaborator user licenses = 10 alert user licenses
Thus, by way of example only, Licensee could convert 6 existing collaborator user licenses into
either 3 new administrator user licenses or 30 alert user licenses.
To request a conversion, Licensee shall provide GS Systems with written notice of such request,
specifying the desired conversion and resulting mix of new user licenses. Such written request
notice may be provided only one time per one year period running from August 31 through
Supplemental Amendment ko Software License Agreement 2
Iowa Department of Public Health
August 30 of the following calendar year. Within 10 business days of receiving Licensee's
written request for conversion, G5 Systems shall provide Licensee with written notice. approving
such request, which notice shall confirm the new mix of user license levels.
. 3.. Limitation of Rights. Licensee acknowledges and agrees that Licensee has no
ownership rights in and to the Software beyond the licenses granted for use of the Software
solely tb the Licensee and the Authorized Users.
4. Amendments to Software License Agreement.
4.1 Section 1.0 of the Software License Agreement is amended as follows:
4.1.1 .by deleting the definition "Affiliates" and replacing therewith for
all purposes in the agreement the following new definition:
"Authorized Users" means the following persons for whom the Licensee has
purchased or received a license to 'use t11e Software (a) any state agency, local
public health department, hospital, or other agency or entity which has entered
into a memorandum of understanding or other written agreement with the
Department to use the Software consistent with the rights granted under the
Software License Agreement (it being acknowledged that there must be a client
access license ("user licenses") for each individual who uses the Software ), (b)
the Health Alert Network coordinator from each of the following seven states for
whom GS Systems granted to the Licensee seven royalty free Collaborator user
licenses: Minnesota, Wisconsin, Illinois, Missouri, Nebraska, South Dakota and
Kansas, and (c) independent contractors, consultants or other Third Parties who
are retained or hired by Licensee (i) to use the Software for other purposes
consistent with the rights granted herein (for each of whom there must have been
purchased by the Licensee a user license) or (ii) to maintain, modify, support or
enhance the Software if the Source Code is released from the escrow under
Section 5 of the Amendment (for each of whom there is no requirement to
purchase a license).
4.1.2 by adding the following new definition:
"Confidential Information" means, subject to any applicable State and federal
laws and regulations, including but not limited to Iowa Code Chapter 22, any
confidential or proprietary information or trade secrets disclosed by either party (a
"disclosing party") to the other party (a "receiving party") that, at the time of
disclosure, is designated as confidential (or like designation), is disclosed in
circumstances of confidence, or would be understood by the parties, exercising
reasonable business judgment, to be confidential. Confidential Information does
not include any information that: (i) was rightfully in the. possession of the
Supplemental Amendment to Software License Agreement 3
Iowa Aepartment of Public Health
receiving party from a source other than the disclosing party prior to the time of
disclosure of the information by the disclosing party to the receiving party;
(ii) was. known to the receiving party prior to the disclosure of the information by
the disclosing party; (iii) was disclosed to the receiving party without restriction .
by an independent third party having a legal right to disclose the information;
(iv) is in the public domain or shall have become publicly available other than as a
result of disclosure by the receiving party in violation of this Agreement or in
breach of any other agreement with the disclosing party; (v) is independently
developed by the receiving party without any reliance on Confidential Information
disclosed by the disclosing party; (vi) is disclosed pursuant to law, rule,
regulation, subpoena, summons, the unreversed order of a court, lawful custodian,
governmental agency or regulatory authority; or (vii) is disclosed by the receiving
party with the written consent of the disclosing party.
4.1.3 by adding the fallowing new definitions:
"Documentation" means any and all technical information, commentary,
explanations, design and system architecture documents, database layouts, test
materials, training materials, guides, manuals, worksheets, notes, work papers,
programmers' notes, and all other information, that is necessary or useful for
purposes of maintaining, repairing or making modifications or enhancements to
the Software and the Source Code, in any medium, including electronic, digital,
and magnetically or optically encoded media that exists.
"Enhancements" means all updates, upgrades, patches, error corrections,
additions, modifications or other enhancements to the Software provided or made-
by GS Systems, any new releases of Software, and all changes to the Source Code
as a result of such Enhancements.
4.1.4 by deleting the defmition of "Source Code" and replacing it with
the..following new definition:.
"Source Code" means the human-readable source code, source program, scripts
and/or programming language, including HTML, XML, XHTML, Visual Basic,
and JAVA; for or related to the Software. Source Code includes all soul•ce code
listings, instructions (including compile instructions), and Documentation.
4.2 Section 2.1 of the Software License Agreement is hereby deleted in its
entirety and replaced with the following new Section 2.1:
Licensor hereby grants to Licensee a nonexclusive, irrevocable, perpetual, fully paid
up, royalty-free, worldwide right and Iiense to:
Supplemental Amendment to Software License Agreement 4
Iowa Depaztment of Public Health
'2.1.1 use, install, host, access, execute, test, .demonstrate, and display the
Software, in all media now known or hereafter created;
' 2.1.2 grant to Authorized Users the right to use, install, host, access,
execute, perform, and display the Software in all media now known or hereafter
created; and
2.1.3 grant to Licensee the right to create two (2) duplicate disks of the
install disk per server for archival purposes; and
2.1.4 if Licensee receives the Source Code from the escrow agent in
accordance with the terms of Section 5 of the Amendment, all of the rights and
privileges granted under this Agreement with respect to the Software shall apply
to theSource Code, and Licensee shall be entitled to exercise all of such rights
and privileges with respect to the Source Code, and Licensee shall receive and is
hereby granted a nonexclusive, irrevocable and perpetual license to modify,
maintain, support and enhance the Software and Source Code. ,The foregoing
rights and privileges shall include the right to have .Authorized Users modify,
maintain, support and enhance the Software and Source Code on behalf of
Licensee.
4.3 Section 2.2 of the Software License Agreement is deleted in its entirety.
4.4 Section 3.0 of the Software License Agreement is deleted in its entirety
and replaced with the following new Section 3.0:
The term the licenses granted hereunder shal_i_ be perpetual.
4.5 Section 8.2 of the Software License Agreement is amended by deleting the
last sentence thereof in its entirety; provided that if any terms of such sentence are enforceable
under the laws of the State of Iowa such terms, to the extent enforceable, shall not be deleted.
4.6 Section 8.3 of the Software License Agreement is deleted in its entirety
and replaced with the following new Section $.3:
The Licensee shall, only to the extent consistent with and permitted by Article
VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 669, indemnify
GS Systems from and against any claim, as defined in Iowa Code Section 669.2,
caused directly by the negligent or wrongful acts or omissions of any employee of
the Licensee while acting within the scope of the employee's office or
employment in connection with the performance of this Agreement. GS Systems
agrees that any .claim for which indemnification is sought pursuant to this Section
Supplemental Amendment to Software License Agreement
Iowa Department of Public Health
8.3 will be subject to the provisions of Iowa Code Chapter 669 and 543 Iowa
Admin. Code 1.
If the Licensee makes any indemnity payments to GS Systems pursuant to this
Section 8.3 and GS Systems thereafter collects or recovers all or a portion of such
amounts from any person or third party, including from any insurance carrier; GS
Systems shall promptly repay such collected or recovered amounts to the
Licensee.
4.7 Section 9.1 of the Software License Agreement is deleted in its entirety
and replaced with the following new Section 9.1:
Except as provided or contemplated herein, and subject to applicable federal, state
or international laws, rules or regulations (including Iowa Code Chapter 22 and
645 Iowa P>dministrative Code chapter 175) the Licensee shall not disclose to
third parties (excluding Authorized Users) any information of Licensor is marked
or otherwise clearly identified by Licensor as Confidential Information and the
installation guide for the Software without the prior written consent of GS
Systems. GS Systems shall Limit such identification to information it reasonably
believes is entitled to confidential protection pursuant to such applicable laws,
rules and regulations. Notwithstanding the foregoing, the Licensee may disclose
GS Systems' Confidential Information pursuant to: (i) an unreversed order of a
court or regulatory agency having authority to issue such an order and/or (ii)
applicable laws, rules, or regulations. In such event, the Licensee shall provide
prompt notice to GS Systems of the circumstances giving rise to the Licensee's
disclosure. Licensor acknowledges that the Licensee is subject to Iowa Code
Chapter 22 and other laws, ru1_es and regulations governing public records. If a
request is made to view or otherwise access GS Systems' Confidential
T.nformation pursuant to such laws, rules or regulations, the Licensee will
promptly notify GS Systems of the request. Subject. to the foregoing, the Licensee
will use reasonable efforts to protect Licensor's Confidential Information
provided such information can reasonably be determined to constitute a
confidential record under Iowa Code Section 22.7 or other applicable laws, rules
or regulations, In the event the Licensee reasonably determines that such
info~u~atior~ is not a confidential record, the Licensee may release such
information unless GS Systerns files an action in Polk County District Court to
prevent the release of the requested information within ten (10) days of receiving
notice from the Licensee. For purposes of this Section 9.1, the source code for the
Software shall be considered Confidential Information of GS Systems.
4.8 Section 9.2 of the Software License Agreement is deleted in its entirety.
Supplemental Amendment to Software License Agreement 6
Iowa Department of Public Health
4.9 Section 10.0 of the Software License Agreement is deleted in its entirety;
provided that if any terms of such Section 10.0 are enforceable under the laws of the State of
Iowa such terms, to the extent enforceable, shall not be deleted.
4.10 Section 12.0 of the Software License Agreement is deleted in its entirety
and replaced with the following new Section 12.0:
This Agreement may only be amended by a writing specifically referencing this
Agreement which has been signed by authorized representatives of the parties. GS
Systems may assign this Agreement to any person to whom it transfers all or
substantially all of its rights in the technology. Except as provided in the
preceding sentence, neither party may assign, voluntarily, by operation of law, or
otherwise, any rights or delegate any duties under this Agreement without the
other party's prior written consent, such consent not to be unreasonably withheld,
delayed or conditioned. A-Iy attempt to do so without that consent will be void.
This Agreement will bind and inure to the benefit of the parties and their
representative successors and permitted assigns. This Agreement shall be
governed in all respects by, and construed in accordance with, the laws of the state
of Iowa, without giving effect to the choice of law principles thereof. Any and all
litigation or actions commenced in connection with this Agreement, including
after expiration or termination of this Agreement, shall be brought in Des Moines,
Iowa, in Polk County District Court for the State of Iowa, if jurisdiction is proper.
However, if jurisdiction is not proper in the Iowa District Court for Polk County,
but is proper only in a United States District Court, the matter shall be
commenced in the United States District Court for the Southern District of Iowa,
Central Division. GS Systems hereby irrevocably: (i) consents and agrees that
any legal or equitable action or proceeding arising under, in connection with or
arising out of this Agreement shall be brought and maintained exclusively in the
aforesaid courts; and (ii) submits to and accepts, with respect to any such action or
proceeding, far it and in respect of its properties and assets regardless of the
physical or legal situs .thereof, generally and unconditionally, the jurisdiction of
the aforesaid courts. This provision shall not be construed as waiving any
immunity to suit or liability, in state or federal court, which maybe available to
the Licensee. GS Systems irrevocably consents to service of process by certified
or registered mail addressed to GS Systems' designated agent. GS Systems
appoints Corporation Service Company, Des I`dIoines, Iowa, as its agent to receive
service of process. If for .any reason GS Systems' agent for service is unable to
act as such or the address of the agent changes, GS Systems shall immediately
appoint a new agent and provide the Department with written notice of the change
in agent or address. Any change in the appointment of the agent or address will
be effective only upon actual receipt by the Licensee. Nothing in this provision
will alter the right of the Licensee to serve process in any other manner permitted
by law. This Section 12.0 shall survive termination of this Agreement. The
Supplemental Amendment to Software License Agreement 7
Iowa Department of Public Health
parties agree that the United Nations Convention on Contracts for the
International Sale of Goods (1980) is specifically excluded from application to
this Agreement.. This Agreement maybe signed in one or more counterparts; each
of which will be deemed to be an original and all of which when taken together
will constitute the same agreement. Any copy of this Agreement made by reliable
means is considered an original. Licensee will acknowledge acceptance of the
terms and conditions of this Agreement through the signing of a Purchase Oxder
before conducting any transaction under this Agreement. This Agreement
xeplaces any prior oral or written agreements or other communication between the
parties with respect to the subject matter of this Agreement, excluding any
confidential disclosure agreements. If any term in this Agreement is found by
competent judicial authority to be unenforceable in any respect, the validity of the
remainder of this Agreement will be unaffected, provided that such
unenforceability does not materially affect the parties' rights under this
Agreement. The provisions set forth in the following Sections and Subsections of
this Agreement will survive after termination of this Agreement and will remain
in effect.until fulfilled: "Representations and Warranties", "Intellectual Property",
"Indemnification", "Limitation of Liability"; "Recordkeeping and Audit .Rights",
and "Confidentiality". An effective waiver under this Agreement must be in
writing signed by the party waiving its right. A waiver by eithex party of any ,
instance of the other party's noncompliance with any obligation or responsibility
under this Agreement will not be deemed a waiver of subsequent instances
4.11 ~ Section 13.0 of the Software License Agreement is deleted in its entirety.
5. Escrow of Source Code. GS Systems shall deposit and maintain in escrow under
GS Systems' master escrow arrangement with Escrow Associates a complete copy of the Source
Cade (on a media and in an electronic format customary in the industry) for the most recent
version of the Software and the most recent Enhancements thereto that are currently in use by the
Licensee (the "Escrowed Software Version Source Code") as notified by the Licensee to GS
Systems via telephone; provided that if the Maintenance Agreement is terminated; (i) in the case
of a termination by Licensee under any of Sections 5.2.2, 5.2.3.1, 5.2.3.2 or 5.2.3.4 of the
Maintenance Agreement or termination by GS Systems under Section 5.2.1 of the Maintenance
Agreement, or termination by reason of anon-renewal of the Maintenance Agreement, GS
Systems' obligation to maintain the Escrowed Software Version Source Code in escrow shall
cease on the earlier to occur of 90 days following the date of termination or'the date tl'iat GS
Systems delivers, or causes to be delivered, the Escrow Software Version Source Code into a
software escrow~established by Licensee for its own account and on terms reasonably acceptable
to GS Systems (the "Licensee Escrow"), provided that Licensee is not at any time during such
period in breach of its reimbursement obligations under this Section 5; or (ii) in the•case of a
termination by Licensee under Sections 5.2.1 or 5.2.3.3 of the Maintenance Agreement, GS
Systems' obligation to maintain the Escrowed Software Version Source Code in escrow shall
cease upon Licensee's receipt of the Escrowed Software Version Source Code from the escrow
Supplemental Amendment to Software License Agreement 8
Iowa Department of Public Health
agent in the event Licensee seeks to obtain release of the Escrow Software Version Source Code,
provided that Licensee is not at any time during such period in breach of its reimbursement
obligations under this Section 5. With respect to (i), Licensee shall have-the right, for a period of
90 days from the date of termination, to establish the Licensee Escrow, and to request that GS
Systems deposit the Escrowed Software Version Source Code into such new escrow account,
which GS Systems shall do no later than 30 days. from the date of such request. Subject to
compliance with the terms of any applicable escrow agreement and provided that the Licensee is
not in breach of any payment obligations under the applicable software maintenance agreement,
the Licensee shall be entitled to receive the Escrowed Software Version Source Code that is in
escrow for the benefit of the Licensee from the escrow agent, after providing five (5) business
days written notice to the escrow agent, upon the occurrence of any one or more of the following
events: (i) GS Systems violates or commits a breach of any material term or condition of any
agreement relating to maintenance and support of the Software, and GS Systems fails to cure
such breach within the time period established for curing such breach, if any; (ii) GS Systems
assigns, transfers or subcontracts its maintenance or support obligations, or any interest therein,
or delegate any duty with respect to such obligations, without the prior written consent of
Licensee which consent shall not be unreasonably withheld, delayed or conditioned and Licensee
does not retroactively approve such assignment, transfer or subcontxacting; (iii) GS Systems
elects to stop providing maintenance and support for the Software; (iv) GS Systems terminates or
suspends its business or ceases to do business; (v) GS Systems becomes subject to any
bankruptcy or insolvency proceeding under federal or state law that is not dismissed within 60
days of the commencement thereof; (vi) GS Systems has become insolvent oz unable to pay its
obligations as they accrue or became due and has not cured such circumstances within 60 days
thereof; (vii) GS Systems makes an assignment for the benefit of GS Systems' creditors; (viii) a
receiver, trustee, liquidator, custodian or similar official has been appointed to act on behalf of
the GS Systems with respect to any of its operations or assets; (ix) GS Systems enters into an
agreement to sell all or substantially all of its assets resulting in GS Systems' or its successor's
failure to maintain and support the Software; or (x) GS Systems violates or commits a breach of
any material term or condition of the source code escrow agreement, which breach has not been
cured by GS ,Systems within any applicable time period stated therein for curing such breach. GS
Systems shall provide a copy of the applicable escrow agreement to the Licensee within fifteen
(15) days after execution of this Amendrnent. GS Systems shall pay alI costs and fees payable to
the escrow agent under the escrow agreement and the Licensee shall reimburse GS Systems for
the cost to maintain a beneficiary account in the Licensee's favor under the master escrow
agreement (which cost is $250 per year as of the date of hereof and may be subject to change by
tl'ie escrow agent) according to the invoice payment mechanisrrz provided in.Section 2.1 applied
to this reimbursement obligation. For only so long as GS Systems has an obligation to maintain
the Escrowed Software Version Source Code in escrow under this Section S, GS Systems shall
not change the escrow agent or terminate, amend or modify the escrow agreement, without the
Licensee's prior written consent, which consent shall not be unreasonably withheld, conditioned
or delayed.
Supplemental Amendment to Softwaze License Agreement 9
Iowa Department of Public Health
6. Headings. The paragraph headings or captions are for identification purposes only
and do not limit or construe the contents of the paragraphs.
7. Counterparts. This Agreement maybe executed in several counterparts, all of
which when taken together shall constitute one contract binding on all parties, notwithstanding
that all parties are not signatories to the same counterpart. Each copy of this Amendment so
executed shall constitute an original.
8. Ratification. Except as modified herein, all other terms and conditions of the
Software License Agreement remain in full force and effect.
[signatures on following page]
Supplemental Amendment to software License Agreement ~ O
Iowa Department of Public Health
IN WITNESS WHEREOF, the parties have caused this Supplemental Amendment to
Software License Agreement to be executed as of the date first above written.
State.of Iowa, acting by and through the
Department of Public Health
By:
Name:
Title:
Global Secure Systems Corp.
By: ~ c Gt.< -Ci
Nam : Eric Shaer
Title: President
Date:
Date: 4/27/06
SupplementaI Amendment to Software License Ao Bement
Iowa Department of Public Health
~lz.~ ® 6
Towa ®epartmant of public Health
®ivi~ion of Acute isease prevention ~rr~ergency Response
~chrnnt
Maintenance Agreorrtent
The Maintenance Agreement is the Amended and Restated Software Maintenance Agreement
effective as of March 1, 2006 (referred to herein as "Maintenance Agreement'.
April 12, 2007 Heafth Alert Network (HAN) Page i of 1
Qci ~)I~~(
E EI) STATED S®FTW NT~N CE AG EME
This Amended and Restated Software Maintenance Agreement (the "Agreement") dated
April 27, 2006 and made effective as of March 1, 2006 (the' "Effective Date") by and between
Global Secure Systems Corp., a corporation organized under the laws of California and formerly
known as Vixtual Alert, Inc. ("GS Systems"), and the State of Iowa ("State"), acting by and
through the Department of Public Health ("Department") (the State and the Department shall be
referred to individually and collectively as "Licensee").
RECITALS
A. Pursuant to a Software Maintenance Agreement, dated May 29, 2003 (the "Original
Maintenance Agreement"), the State purchased from GS Systems certain software maintenance
services relating to the Bioterrorism Readiness Suite (now known'as Global Secure Response
Manager), a proprietary software product owned and licensed by GS Systems to third parties (the
"Software"). The term of the Original Maintenance Agreement was initially one year, with
automatic one year renewals unless one of the parties thereto terminated the Original
Maintenance Agreement. Under the Original Maintenance Agreement, the State agreed to pay
far maintenance services on an annual basis in advance.
B. Pursuant to Amendment No. 1 to Contxact No. 5884BT17, dated June 18, .2004, the State
and GS Systems agreed to extend the term of the Original Maintenance Agreement from May 29,
2004 through August 30, 2004 and thereafter, by its terms the Original Maintenance Agreement
extended through August 30, 2005.
C. Pursuant to an Extension Agreement dated February 3, 2006, the State and GS Systems
agreed to extend the term of the Original Maintenance Agreement from August 31, 2005 through
August 30, 2006.
D: The State and GS Systems desire to amend and restate the Original Maintenance
Agreement puxsuant to the terms of this Agreement, which amended and restated terms and
conditions shall xeplace in their entirety the Original Maintenance Agreement.
NOW THEREFORE, in consideration of the. mutual covenants contained herein and for
other goad and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged; the State and GS Systems; intending to be legally bound3 hereby agree as
follows:
1. Definitions. In addition to any other terms that may be defined elsewhere in this
Agreement, the following terms shall have the following meanings:
"Authorized Users" means the following persons for whom the Licensee has
purchased or xeceived a license to use the Software (a) any state agency, local public health
department, hospital, ar other agency ar entity which has entered into a memorandum of
understanding or other written agreement with the Department to use the Software consistent
Amended and Restated Software Maintenance Agreement ~
Iowa Depaetment of Public Health
with the rights granted under the Software License Agreement (it being acknowledged that there
must be a client access license ("user licenses") for each individual who uses the Software), (b)
the I~ealth Alert Network coordinator from each of the following seven states for wham GS
Systems granted to the Licensee seven royalty free Collaborator user licenses: Minnesota,
'Ul~isconsin, Illinois, Missouri, Nebraska, South Dakota and Kansas, and {c) independent
contractors, consultants or other Third Parties who are retained or hired by Licensee (i} to use the
Software fox other purposes consistent with the rights granted herein (for each of whom there
must have been purchased by the Licensee a-user license} or (ii) to maintain, modify, support or
enhance the Software if the Source Code is released from the escrow under Section 5 of the
Software License Agreement (for each of whom there is no requirement to purchase a license).
"Bypass" means a procedure communicated by GS Systems to Licensee, which
permits Licensee to avoid Deficiencies by implementing the same when using the Software.
"Confidential Information" means, subject to any applicable state and federal
1a~vs and regulations, including but not limited to Iowa Code Chapter 22, any confidential or
proprietary information or trade secrets disclosed by either party (a "disclosing party") to the
other party (a "receiving party") that, at the time of disclosure, is designated as confidential (or
like designation), is disclosed in circumstances of confidence, or would be understood by the
parties, exercising reasonable business judgment, to be confidential. Confidential Information
does not include any information that: (i} was rightfully in the possession of the receiving party
from a source other than the disclosing party priox to the time of disclosure of the information by
the disclosing party to the receiving party; (ii) was known to the receiving party prior to the
disclosure of the information by the disclosing party; (iii) was disclosed to the receiving party
without restriction by an independent third party having a legal right to disclose the information;
(iv) is in the public domain or shall have become publicly available other~than as a result of
disclosuxe by the receiving party in violation of this Agreement or in breach of any other
agreement with the disclosing party; (v) is independently developed by the _receiving party
without any reliance on Confidential Information disclosed by the disclosing party; (vi) is
disclosed pursuant to law, rule, regulation,, subpoena, summons, and an unreversed order of a
court, lawful custodian, governmental agency or regulatory authority; or (vii) is disclosed by the
receiving party with the written consent of the disclosing party.
"Deficiency" means a defect, flaw, anomaly, failure, omission, interruption of
service, or other problem of any nature whatsoever with respect to the Software, including,
Without l~rrl~tatlon, any failure o_f the Software to cor~~orm to or meet an applicable Specification.
Deficiency also includes the Lack of something essential or necessary for completeness or proper
functioning of the Software.
"Deficiency Report" means the document to be created by GS Systems, pursuant
to Section 3, each time that Licensee reports a Deficiency.
"Documentation" means any and all technical information,. commentary,
explanations, design and system architecture documents, database layouts, test materials, training
materials, guides, manuals, worksheets, notes, work papers; programmers' notes, and all other
Amended and Restated 5offware Maintenance Agreement 2
Iowa Aepartment of Public Health
information, that is necessary or useful for purposes of maintaining, repairing or making
modifications or enhancements to the Software and the Source Code, in any medium; including
hard copy, electronic, digital, and magnetically or optically encoded media that exists,
"Enhancements" means all updates, upgrades, patches, error corrections,
additions, modifications or other enhancements to the Software provided or made by GS •
Systems, any new releases of Software, and all changes to the Source Code as a result of such
Enhancements.
"Fix" or "Fixes" means the software, patches and documents created by •GS
Systems pursuant to this Agreement in order to correct Deficiencies.
"License" means the license granted by GS Systems to Licensee to use the
Software under the Software License Agreement.
"Maintenance Representative" means the person(s) appointed by Licensee,
provided such person uses the Software pursuant to the Software License Agreement, to work as
a liaison between GS Systems and the Licensee with regard to the Maintenance Sez^vices.
"Maintenance Services" means the services to be provided under this Agreement,
"Object Code" means the binary machine~readable version of the Software.
"Severity Level" means the level of severity assigned to a reported Deficiency
with the Software, in accordance with the Severity Level definitions set forth in Exhibit A to
this Agreement..
"Site" means any one or more of the Licensee's or any Authorized User's
computers, data center locations, networks, rnternet or Intranet "sites, servexs or other systems in
any geographic location.
"Saftware" means the Global Secure Response Manager software product.
"Software License Agreement" means the Software License Agreement by and
between GS Systems and the Licensee dated May 29, 2003, as the same has been amended of
even date herewith and as it may be amended from time to time in the future,
"Source Code" means the human-readable source Cade, source. program, scripts
and/or programming language, including HTML, XML, XHTML, Visual Basic, and JAVA, for
or related to the Software. Source Code includes all source code listings, instructions (including
compile instructions), and Documentation.
"Specifications" means all specifications, requirements, technical standards,
performance standards, representations and other critexia related to the Software stated or
expressed in the Software License Agreement, Documentation, the Request for Proposals issued
Amended and Restated Software Maintenance Agreement
Iowa Department of Public Health
by the Centers for Disease Control and Prevention IoTo. NAS5-01143 (the "RFP"), Licensor's
application submitted in~response to the RFP, and the_.Health Alert Network (HA.I~ Procurement
Plan dated June 31, 2003. Specifications shall include the Acceptance Criteria and any.
specifications, standards or criteria stated or set forth in any applicable state, federal, and local
laws, rules and regulations in effect as of May 29, 2003. The Specifications are incorporated
into this Agreement by reference as if fully set forth in this Agreement.
"Third Party" means a person or. entity (including; but xiot limited to any form of
business organization, such as a corporation, partnership, limited liability corporation,
association, etc.) that is not a party to this Agreement.
"Updates" mean an improvement made by GS Systems to the Software which is
beyond an Enhancement, and includes all new versions or releases of the Software.
2. GS Systems' Obligations
2.1 In consideration of the Maintenance Fee to be paid to GS .Systems under
Section 4.1, GS Systems will provide to the Licensee the Maintenance Services identified in
Section 3.3 and corrections of Deficiencies fox the Software, and in consideration of such other
payments as are required to be made hereunder, GS Systems shall provide such additional
services hereunder to the Licensee as the parties herein contemplate.
2.2 The. parties acknowledge and agree that, notwithstanding anything to the
contrary herein contained, GS Systems shall not maintain the Licensee's hardware or Third-Party
software.
3.. Maintenance Services
3.1 Licensee shall appoint a maximum of two (2) Maintenance
Representatives. Such Maintenance Representatives shall thereafter xeceive the name(s) and
telephone number(s) of GS Systems' consultant(s). Licensee's Maintenance Representatives can
reach .GS Systems' consultant(s) between the hours of 8:00 AM and 5:00 PM, Pacific Standard
Time; Monday through Friday, excluding holidays observed by GS Systems. GS Systems rmay
reasonably choose-to change the time zone while maintaining the same number of available
hours, as GS Systems opens new customex support centers.
3.2 The Maintenance Representatives shall be responsible for providing notice
to GS Systems' consultant(s) of the desire for Maintenance Services. If GS Systems reasonably
detexmines, after receiving such notice, that Deficiencies exist in the Software, or Deficiencies
were caused as a result of corrections, Fixes, Bypasses, or Maintenance Services performed by
GS Systems, GS Systems shall correct such Deficiencies in accordance with this Agreement,
3.3 Maintenance Services. GS Systems shall correct all Deficiencies in
accordance with this Agreement. During the term of this Agreement, GS Systems shall provide
the following types of Maintenance Services:
Amended and Restated Software Maintenance Agreement Q,
Iowa bepartment of Public Health
3.3.1 Consultant Su~ort. GS Systems shall provide consultants who
shall serve as the Licensee's interface with GS Systems for a particular Deficiency and shall
ensure that the Deficiency is handled in a timely manner as specified in Exhibit A.
All Deficiencies shall be investigated and if GS Systems reasonably determines that the
Deficiency relates to the Software, or is directly caused by the Software, a Fix or a Bypass, ar
any other correction or maintenance service provided by GS Systems, (i) a~Deficiency Report
shall be opened, (ii) the Deficiency shall be assigned a Severity Level pursuant to the provisions
of Exhibit A attached hereto, and (iii) the Deficiency shall be resolved in accordance with the
procedures and processes set forth in~ Exhibit A hereto. If GS Systems determines that Licensee's
needs under this Agreement necessitate ini-person consultant suppoxt, GS Systems may, after
obtaining the Licensee's prior written consent, dispatch a consultant to the Site. All travel and
expenses- arising from such in-person suppoxt shall be billed to Licensee at GS Systems' actual
cost, subject to the requirements and limitations specified in Section 4.2. Notwithstanding the
prior sentence, if Licensee so requests, and subject to a mutually agreed schedule, one time
during each Renewal Term fox a period not to exceed five business days running consecutively
from a Monday through a Friday, GS Systems, at its sole expense, shall send one consultant to
Iowa to meet with the Licensee in person for a maintenance support session..
3,3.2 ~ Installation Services. GS Systems shall provide Licensee with
assistance for the implementation or installation of Bypasses and Fixes, either by telephone or in
person. Licensee's Maintenance Representatives shall be able to reach GS Systems'
consultant(s) between the hours of 8:00 AM and 5:00 PM, Pacific Standard Time, Monday
through Friday, excluding holidays observed by GS Systems. If GS .Systems determines that
Licensee's installation needs under this Agreement necessitate in-person consultant support, GS
Systems may, after~obtaining the Licensee's prior written consent, dispatch a consultant to the
Site. All travel and expenses arising from such in-person support shall be billed to Licensee at
GS Systems' actual cost, subject to. the requirements and limitations of Section 4.2.
3.3.3 Bypasses. GS Systems shall provide. to Licensee such Bypasses as
are necessary to ensure the resolution of Deficiencies that can be resolved by a Bypass.
3.3.4 Fixes. GS Systems shall provide to Licensee such Fixes as are
necessary to ensure the resolution of such Deficiencies that can be resolved by a Fix.
3.3.5 Enhancements. GS Systems shall provide to Licensee such
Enhancements as it provides to the users fox the Software from time to time. While GS Systems
encourages Licensee's input for Enhancements, GS Systems retains the sole right to determine
which Enhancements will be included.
3.3.6 U dates. GS Systems shall, as soap as .practicable after they are
made generally available, provide to Licensee such Updates as it provides to users for the
Software from time to time. While GS Systems encourages Licensee's input for Updates, GS
Systems retains the sole right to determine which Updates will be included.
Amended and Restated Software Maintenance Agreement 5
Iowa Department of Public Heaith
3.3.7 Regular Activity Reports. Upon writteri request by Licensee, GS
Systems shall provide: (i) a status report of Deficiency resolution activities; and {ii) a status
report of all outstanding Deficiency Reports. Such status reports shall contain GS Systems'
tracking number, Deficiency description, Deficiency resolution status and a definitive resolution
time frame and release number fox all Deficiencies.
3.4 Limitation on Maintenance Services. Notwithstanding any other
provisions in this Agreement, the following shall not be included in the Maintenance Services:
3.4.1 Resolution ofalready-existing problems with Licensee's current
operating system or other applications.
3.4.2 Additions to the Specifications of the Software that GS Systems
chooses to separately price ox market to its existing licensees.
.3.4.3 Repair of the Software if it has been modified, changed or altered
by anyone other than GS Systems in a manner not authorized through the use of the GS Systems
trouble ticket system.
3.4.4 Repair or resolution of Deficiencies or damages to the Software
caused by Licensee's hardware or software system if such hardware or software system does not
meet GS Systems' specifications and GS Systems previously notified Licensee of the deficiency.
3.4.5 Repair or resolution of Deficiencies or damages to the Software
caused by deficient operational order of Licensee's computer hardware ox an unsuitable
operating environment. ~ ~ •
3.4.6 Repair or resolution of Deficiencies or damages to the Software
resulting from the Licensee's delay in notifying GS Systems of Deficiencies.
3.4.7 Repair ox resolution of Deficiencies or. damages to the Software
resulting from Licensee's failure to provide troubleshooting information and access so that GS
Systems can identify and address the problems.
3.4.8 Repair or resolution of Deficiencies or damages to the Software
resulting froze failure by I_,icensee's failure to properly install the .Software, includil-zg failu'i e to
follow installation procedures provided to the Licensee by GS Systems for Deficiencies and
Updates.
• 3.4.9 Repair or resolution of Deficiencies or damages to the Software
resulting from the Licensee using, or attempting to use, the Software for a purpose other than for
that set forth in the Specifications.
3.5 Fee for Professional Services. If Licensee desires any of the excluded
services listed in Section 3.4, Licensee shall pay, in addition to the fee identified in Sectian 4.1, a
Amended and Restated Software Maintenance Ageeement 6
Iowa Department of Public Health
m~
fee in an amount that shall be negotiated between Licensee and GS Systems. if GS Systems
incurs time and/ar expense infixing any of the Deficiencies described in Section 3.4, -then
Licensee will pay to GS Systems upon receipt of an invoice therefor an amount for such services
charged at GS Systems' then prevailing professional services rates, and shall reimburse GS
Systems for GS Systems' actual expenses incurred, subject to the requirements and limitations
specified in Section 4.2. While GS Systems will take due care in avoiding the incurrence of such
time and/or expense without first receiving Licensee's prior approval, it is acknowledged by both
parties that there maybe some incidents in which GS Systems, acting in Licensee's best interest
or serving an urgent need, must act proactively without first knowing whether the problem or
Deficiency falls within the limitation on Maintenance Services set forth in Section 3.4.
3.6 Training_Not Included. Training of users is not part of the Maintenance
Services provided herein. Should Licensee desire GS Systems' training services, Licensee shall
pay to GS~Systems a fee therefore at.rates and in amounts negotiated by the Licensee and GS
Systems.
3.7 All work performed by GS Systems in connection with the Maintenance
Services described in this Agreement shall be performed by GS Systems as an independent
contractor and not as the agent or employee of Licensee. All persons furnished by GS Systems
shall be~for all purposes solely employees or agents of GS Systems and shall not be deemed to be
employees of Licensee for any purpose whatsoever. GS Systems shall furnish, employ and have
exclusive control of all persons to be engaged in performing. Maintenance Services, under this
Agreement and shall prescribe and control the means and methods of performing such .
Maintenance Services by providing adequate and proper supervision. GS Systems shall be solely
responsible for compliance with all rules, laws and regulations relating to employment of labor,
hours of labor, worl~ing condition, payment of wages and payment of taxes, such as employment,.
social security and other payroll taxes, including applicable contributions from such persons
when required by law.
3.8 Notwithstanding anything herein to the contrary, GS Systems shall not .
condition any of the Licensee's rights ox GS.Systems' obligations under this Agreement, or any
ether contract related to the Software, on the Licensee accepting, installing or using any
Enhancements, Updates or other Software modifications or functionality provided by GS
Systems. Licensee is under no obligation to receive or install an Update, Enhancement,. Fix or
Bypass or any other Software modification or functionality provided by GS Systems in the event
GS Systems charges any additional fee or charge for the foregoing or if the installation of same
causes or contributes to~any Deficiencies, problems or failures of any kind with respect to
Licensee's or any Authorized User's computers, software, hardware or other computer systems.
Notwithstanding anything else in this Section 3.8 to the contrary, if the Licensee elects not to
receive or install an Update, Enhancement, Fix or Bypass and there is a Deficiency that has been
corrected by any such Update, Enhancement, Fix or Bypass, the Licensee must receive and
install such Update, Enhancement, Fix or Bypass in order to correct such Deficiency and GS
Systems shall not be required to create a new or alternative Update, Enhancement, Fix or Bypass
to correct such Deficiency, and if Licensee does not receive and install such Update,
Amended and Restated Software Maintenance Agreement ~ 7
Iowa Department of Public Health .
Enhancement, Fix or Bypass, then GS Systems shall be relieved of any and all obligations to
correct such Deficiency.
4. Maintenance Fee, Exlierises and Set-off
4.1 Fee. In consideration of the Maintenance Services to be provided by GS
Systems under this Agreement, Licensee shall pay to GS Systems on a quarterly basis, in equal
trenches,, one quarter of the total fee identified in Exhibit A, which fee may be adjusted from
time to time as provided izi Exhibit A (the aggregate annual axnou.nt of the fees shall be known as
the "Maintenance Fee"). GS Systems shall submit a quarterly invoice to Licensee on March 1
and June.1 during the Maintenance Term and on August 31, December 1, March 1 and June 1
during any Renewal Term. All invoices submitted by GS Systems shall contain appropriate
documentation as necessary to support the fees or charges included on the invoice and shall
comply with all applicable rules concerning payment of such fees, charges or other claims and
shall contain all information requested by Licensee. Subject to the terms of this Agreement,
Licensee shall pay all approved invoices for other services under Section 3 in arrears and in
conformance with Iowa Code section 8A.514 and 11 Iowa Admire, Code 41.1(2), and Licensee
may pay in less than sixty (60) days, as provided in Iowa Code section SA.514. However, an
election to pay in less than sixty (60) days shall not act as an implied waiver of Iowa. Code
section 8A.S14. Notwithstanding anything else herein to the contrary, Licensee shall have the
right to dispute any invoice submitted for payment, and withhold payment of any disputed
amount if Licensee believes the invoice is inaccurate or incorrect in any way,
4.2 Expenses. Onsite Maintenance Services for the Software will be provided
as mutually agreed upon. Licensee agrees to reimburse GS Systems for all reasonable, pre®
approved (by Licensee) travel-related expenses actually incurred by GS Systems, subject to all
applicable laws, rules, requirements and procedures governing or relating to the reimbursement
or payment of such expenses far vendors, employees and board and commission members.
Licensee shall not, under any circumstances, be obligated to reimburse GS Systems far: (i) any
expenses that are not eligible for reimbursement under such laws, rules, requirements and
procedures, or (ii) any expenses that exceed the travel-related reimbursement rates and
limitations applicable to State board and commission members. GS Systems shall not be
obligated to perform and services far which the State does reimburse GS Systems under this
Section.4.2. As a condition to reimbursement, GS Systems shall, prior to incurring any travel-
related expenses, contact Licensee and request Licensee's advance approval of GS Systems'
anticipated travel"related ~.Yap°vnses. MTh°vnever subm2ttirig travel-related expenses, GS Systerxs
will submit a detailed invoice along with receipts and such other information as either may be
required under applicable laws, rules, requirements and procedures governing or relating to the
reimbursement or payment of travel.-related expenses or requested by Licensee. Subject to the
foregoing, Licensee shall reimburse GS Systems for such expenses by paying the approved
invoice in arrears and in conformance with Iowa Code section 8A.514 and 11 Iowa Admin. Code
41.1(2). Licensee may pay in less than sixty (60) days, as provided in Iowa Code ~sectian
8A.514. However, an election to pay in Less than sixty (60) days shall not act as an implied
waiver of Iowa Code section 8A.S 14.
Amended and Restated Software Maintenance Agreement g
Iowa Department of Public Health
4.3 . .Set-Off. If GS Systems .owes Licensee any sum under the terms of this
Agreement, any other agreement, pursuant to a judgment, or pursuant to any law, which amount,
is not the subject of a bona fide dispute between GS Systems and Licensee, Licensee may set off
such sum against any sum invoiced to Licensee in Licensee's sole discretion unless otherwise
required by law, provided that Licensee gives GS Systems notice of such set-off at least fifteen
(15) business days prior to making the set-aff. Amounts due to Licensee as liquidated damages
or any other damages, to the extent not the subject of a bona fide dispute between GS Systems
and the Licensee, may be deducted by Licensee without a judgment or any court action from any
money or sum payable by Licensee to GS Systems pursuant to this Agreement or any other
agreement between GS Systems and Licensee, provided that Licensee gives GS Systems notice
of such set-off at least fifteen (15) business days prior to making the set-off.
5. Term and Termination
5.1 Term. The current term of this Agreement shall run from the Effective
Date until August 30, 200b (the "Maintenance Term"). After the expiration of the Maintenance
Term, Licensee may elect to renew this Agreement for additional one-year terms each running
from August 31 to August 30 of the following calendar year ("Renewal Terms"), during which
terms GS Systems shall pravide Maintenance Services pursuant to the renewal of this Agreement
and the amount of the Maintenance Fees shall be calculated as stated on Exhibit A. Licensee
shall renew this Agreement by delivering to GS Systems a written notice of Licensee's intention
to renew the Agreement for each Renewal Term. Licensee may, at its sole discretion, continue
to renew this Agreement for so long as Licensee uses the Software, and, if this Agreement is
renewed, GS Systems shall provide Maintenance Services during each and every Renewal Term.
During a Renewal Term, this Agreement may only be terminated in accordance with Section 5.2.
The termination of this Agreement shall not result in the termination of the Software License
Agreement or any license rights granted thereunder. All terms and conditions of this Agreement
shall apply during any successive terms,
5.2 Termination:
5.2.1 Either party may terminate this Agreement upon thirty (30) days
advance written notice if the other party has breached a material term or condition of this
Agreement and has not cured such breach within such notice period, or if such cure is not
capable of being effected within such notice period, the breaching party is not diligently working
to effect a sure in the reasonable opinion of the non=breaching party. if Lrcensee terrniriates tr~is
Agreement under this Section 5.2.1, GS Systems shall.refund to Licensee the amount, if any,
allocable to the unused portion of any prepaid maintenance fees for the Maintenance fierm or
any, Renewal Term measured as of the date of termination.
5.2.2 Fallowing thirty (30). days written notice, LICensee may terminate
this Agreement for any reason upon delivery to GS Systems and upon payment of all unpaid
amounts in respect of the Maintenance Term and any Renewal Term.
Amended and Restated Software Maintenance Agreement 9
Iowa Aepartment of Public Health
5.2.3 Notwithstanding anything in this Agreement to the contrary, and
subject to the Limitations set forth below, Licensee shall have the right to terminate this
Agreement without penalty and upon delivery to GS Systems of a written notice as a result of
any of the following and, subject to the availability of funds, upon payment of all dine and unpaid
amounts in respect of the Maintenance Term and any Renewal Term:
5.2.3.1 The legislature or governor fail in the sole opinion of the
Licensee to appropriate funds sufficient to allow the Licensee to either meet its obligations under
this Agreement or'to operate as required and to fulfill its obligations under this Agreement; ox
5.2.3.2 If funds are deaappropriated, reduced, not allocated, or
receipt of funds is delayed, or if any funds or revenues needed by the Licensee to make any
payment hereunder are insufficient or unavailable for any other reason as determined by the
Licensee in its sole discretion; or
5.2.3.3 If the Licensee's authorization to conduct its business or
engage in activities ox operations related to the subject matter of this Agreement is withdrawn ar
materially altered or modified; or ~.
5.2.3.4 If there is a decision of any court, administrative Iaw~judge
or an arbitration panel or any law, rule, regulation or order is enacted, promulgated or issued that
rliaterially and adversely affects the Licensee's ability to fulfill any of its obligations under this
Agreement.
If Licensee terminates this Agreement under this Section 5.2.3, GS Systems shall refund to
Licensee the amount, if any, allocable to the unused portion of any prepaid Maintenance Fees for
the Maintenance Term or any Renewal Term measured as of the date of termination. -
6. Warranties and Covenants
6.1 Warranties. GS Systems represents and warrants that the Software and any
Bypasses, Fixes, Enhancements and Updates thereto do not infringe upon any third party
intellectual property rights. EXCEPT FOR~THE EXPRESS WARRAN"I'lES SET FORTH
HEREIN, THERE ARE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, AND THE SERVICES TO BE
PROVIDED BY GS SYSTEMS UNDER IT Ib7CLIJDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PI7RPOSE.
6.2 Covenants. GS Systems covenants that all services to be performed under
this Agreement shall, to the best of its ability, be performed in a professional, competent and
workmanlike manner by knowledgeable, trained and qualified personnel, alI in accordance with
the terms and conditions of ,this Agreement and the standards of performance considered
generally acceptable in the industry for similar tasks and pxojects. In the absence of a
Amended and 12estated Software Maintenance Agreement 10
Iowa bepartment of Public Health
specification or standard for the performance of any portion of this Agreement, the parties agree
that~the applicable specification shall be the generally accepted industry standard.
7. Indemnification
7.1. GS Systems agrees to defend, indemnify and hold the Licensee and
Authorized Users and their employees, officers, directors, agents, and officials (individually and
collectively "Indemnitees") hamnless from and against any and all claims, actions, suits,
liabilities, damages, losses; settlements, demands, deficiencies, judgments, costs and expenses
(including, without limitation, the reasonable value of time of the Attorney General's Office and
the costs, expenses and attorney fees of other counsel retained by any Tndemnitee) directly
related to, resulting from or arising out of this Agreement ("Losses") where such Losses arise out
of the performance by GS Systems under this Agreement and result from (i) any violation or
breach of any material term or condition of this Agreement by GS Systems; (ii)' any .failure by
GS Systems or its employees, agents, officers, or directors to comply with any applicable local,
state, federal. laws, rules, ordinances or regulations; or (111) any claim brought by any third party
of misappropriation of a trade secretor infringement or violation of any intellectual property
rights, proprietary rights or personal rights of any third party, including any claim that the
Software or any use thereof (or the exercise of any rights with respect thereto) infringes, violates
or misappropriates any patent, copyright, trade secret, trademark, trade dress, mask work, utility
design, or other proprietary right of any third party.
7.2 GS Systems' duties as set forth in this Section 7 shall survive the
termination of this Agreement and shall apply to all acts taken in the performance of.this
Agreement regardless of the date any potential claim is made or discovered by Licensee or any
other Indemnitee.
7.3 Licensee shall reasonably cooperate with GS Systems to facilitate the
defense of any action defended by GS Systems. Licensee reserves the right to participate in the
defense of any action or claim for which indemnification is provided hereunder.
8. Licensee Support. The level of support that GS Systems can provide is dependent
upon the cooperation of Licensee and the quantity of information that Licensee provides. If GS
Systems cannot reproduce a problem or if Licensee cannot successfully gather adequate
troubleshooting information, GS Systems may need temporary login access to Licensee's
computer system to identify and address the problem.
9. Licensee Responsibility. Licensee shall not make any modifications to the
Software. GS Systems shall not be responsible for maintaining Licensee modified portions of
the Software or for maintaining portions of the Software affected by Licensee modified portions
of the Software.
10. Intellectual Property Rights. Ail corrections, Bypasses, Enhancements, Fixes, ,
Updates and any other work product created by GS Systems in connection with the Maintenance
Services provided under this Agreement ("Work Product") are and shall remain the exclusive
property of GS Systems, regardless of whether Licensee, its employees or agents may have
Amended and Restated Software Maintenance Agreement ~ ~
Iowa Aepartment of Public Health
contributed to the conception, joined in its development, or paid GS Systems for the
development or use of the Work Product. Such Work Product shall be considered Software, and
subject~to the terms and conditions contained herein and in the Software License Agreement.
11, Insurance Policies.
11.1 GS Systems shall maintain in full force and effect, with insurance
companies of recognized responsibility, at its expense, insurance covering its work of the type
and in amounts required by this Agreement. GS Systems' insurance shall, among other things,
insure against lass or damage resulting from GS Systems' performance of this Agreement and
shall be subject to the approval of the Department. All such insurance policies shall remain in
full. force and effect for the entire term of this Agreement and shall not be canceled or changed
without the Department's prior written consent. Unless otherwise reasonably requested by the,
Department, GS Systems shall, at its sole cost, cause to be issued and maintained in effect during
the entire term of this Agreement not less than the insurance~coverages set forth below each
naming the Department and the State of Iowa as an additional insured or loss payee, as
applicable: .
Type Of Insurance ~ LIMIT AMOUNT
General Liability (including contractual liability) General Aggregate $ 2 million
written on an occurrence basis Prod./Comp.
Aggregate $1 million
Personal injury ,$1 million
Each Occurrence $1 million
Excess Liability, umbrella form Each Occurrence $1 million
Aggregate $2 million
Errors and Omissions Insurance Each Occurrence $1 million
Aggregate $3 million
Property Damage r Umbrella ~
• Each Occurrence $1 million
. Aggregate $2 million
Workers Compensation and Employer Liability As Required by Iowa
• ~ law
11.2 Claims Provision. All insurance policies required by this Agreement must
provide coverage on an "occurrence basis" for all claims arising frorri activities occurring daring
the term of the policy regardless of the date the claim is filed or expiration of the policy,
11.3 Certificates of Coverasre. Certificates. of the insurance described above
shall be submitted to the Department within thirty (30) days after the effective date of this
Agreement and shall be subject to approval by the Department. GS Systems shall provide
certificates for the coverage required. The insurer shall state in the certificate that no
cancellation of the insurance will be made without at least thirty (30) days prior written notice to
the Department.
Amended and Restated 5oftwara Maintenance Agreemenf 12
Iowa Department of Public Haalth
11.4 No L,imitstion of Liability. Acceptance of the insurance certificates by the
Department shall not act~to relieve GS Systems of any obligation under this Agreement. AlI
insurance policies and certificates shall be issued only by companies authorized to transact
business in the State of Iowa. It shall be the responsibility of GS Systems to keep the respective
insurance policies and coverages current and iri force during the life of this Agreement.
11.5 Warranty. GS Systems warrants that it has examined its insurance
coverage to determine whether the Department and the State.can be named as additional insureds
without creating an adverse effect on GS Systems' coverage. ~ '
11.6 Waiver of Subrouation Ri ts. GS Systems shall obtain a waiver of any
subrogation rights that any of its insurance carxiers might have against the.Department or the
State, The waiver of subrogation rights shall be indicated on the certificates of insurance
coverage supplied to the Department. ' .
12. General
12.1 Gender; Numbex. The use herein of (i) the neuter gender includes the
masculine and the feminine and (ii) the singular number includes the plural, whenever the
context so requires.
12.2 Captions. Captions in this Agreement are inserted fox convenience of
reference only and do not define, describe or limit the scope or the intent of this Agreement or
any of the terms hexeof.
. 12.3 Entire Agreement -~ Prior Agreements Superseded. This Agreement,
contains the entire agreement between the parties relating to the goods and services provided in
connection with this Agreement and all prior or contemporaneous agreements, understandings,
representations and statements, oral or written, including the Original Maintenance Agreement
dated I~ay 29, 2003, and all amendments thereto, and all portions of Contract No. 5884B ~ 17 to
the extent such contract relates to the Original Maintenance Agreement, are superseded and are
no longer in effect. _
12.4 Modification. No modification, waiver, amendment, discharge or change
of this Agreement shall be valid unless the same is in writing and signed by the party against
which the enforcement of such modification, waiver, amendment, discharge or change is ox may
be sought.
12.5 Choice of Law and Forum. This Agreement shall be governed in all
respects by, and construed in accordance with, the laws of the state of Iowa, without giving '
effect to the choice of law principles thereof. Any and all litigation or actions commenced in
connection with this Agreement, including after expiration or termination of this Agreement,
shall be brought in Des Moines, Iowa, in Polk County District Couxt fox the State of Iowa, if
jurisdiction is proper. However, if jurisdiction is not proper in the Iowa District Court far Polk
County, but is proper only in a United States District Court, the matter shall be commenced in
Amended and Restated Software Maintenance Agreement 13
Iowa Aepartment of Public health
the United States District Court for the Southern District of Iowa, Central Division. GS Systems
hereby irrevocably; (i) consents and agrees that any Iegal or erluitable action or proceeding
arising under, in connection with or arising out of this Agreement shall be brought and
maintained exclusively in the aforesaid courts; and (ii) submits to and accepts, with respect to
any such action or proceeding, for it and in respect of its properties and assets regardless of the
physical or Iegal sites thereof, generally and unconditionally, the jurisdiction of the aforesaid
courts. This provision shall, not be construed as waiving any immunity to suit or liability, in state
or federal court, which maybe available to the Licensee. GS Systems irrevocably consents to
service of process by certified or registered mail addressed to GS Systems' designated agent. GS
Systems appoints Corporation Service Company, Des Moines, Iowa, as its agent to receive
service of process. If for any reason GS Systems' agent for service is unable to act as such or the
address of the agent changes, GS Systems shall immediately appoint a new agent and provide the
Department with written notice of the change iri agent or address. Any change in the
appointment of the agent or address will be effective only upon actual receipt by the Licensee.
Nothing in this provision will alter the right of the Licensee to serve process in any other manner
permitted by Iaw. This Section 12.5 shall survive termination of this Agreement. -
12.6 Time of Essence. TIME IS OF THE ESSENCE as to .each and every
provision of this Agreement.
12,7 Assi ent. Neither party may not subcontract, assign, or transfer its
rights, duties ox obligations under this Agreement to any person or entity, in whole or inpart,
without the prior written consent of the other party, which consent will not be unreasonably
withheld, delayed ox conditioned, except that Licensee may assign or transfer its rights; duties ox
obligations under this Agreement to any State of Iowa governmental entity that succeeds
Licensee's duties with respect to operation or use of the Software.
12.8 'Waiver. The waiver or failure of either party to exercise in any respect any
right provided for herein shall not be deemed a waiver of any farther right hereunder.
- 12.9 Seve. rability. In the event any term, covenant, condition, provision or
agreement herein contained is held to be invalid, void or otherwise unenforceable by any court of
competent jurisdiction, the fact that such term, covenant, condition, provision or agreement is
invalid, void or otherwise unenforceable shall in no way affect the validity or enforceability of
any other term, covenant, condition, provision or agreement herein contained.
12.10 Force Majeure. Neither GS Systems nor the Licensee shall be liable to
the other for any delay ar failure of performance of this Agreement, and no delay or failure of
performance shall constitute a default or give rise to any liability for damages if, and only to the
extent that, such delay or failure is caused by a "force majeure" and not as a result of the fault or
.negligence of a party. As used in this Agreement, "force majeure" includes acts of God, war,
civil disturbance and any other similar catastrophic, events which are beyond the control and
anticipation of the party effected and which, by the exercise of reasonable diligence, the party
was unable to anticipate or prevent. Failure to perform by a subcontractor or an agent of GS
Systems shall not be considered a "force majeure" unless the subcontractor or supplier is
Amended and Restated Software Maintenance Agreement 24,
Iowa Department of Public health
e.
prevented from timely performance by a "force majeure" as defined in this Agreement. "Force
Majeure" does not include financial difficulties of GS Systems or any parent, subsidiary,
affiliated or associated company of GS Systems or claims ox court orders that restrict GS
Systems' ability to deliver the goods or services contemplated by this Agreement. If a "force
majeure" delays or prevents GS Systems' performance, GS Systems shall immediately
commence to use its best efforts to directly provide alternate, and to the extent possible,
comparable performance. Comparability of performance and the possibility of comparable
performance shall be reasonably determined solely by the Licensee.
12.11 Notice. All notices, demands or other communications herein provided ~to
be given or that may be given by any party to the other shall be deemed to have been duly given
when made in writing and delivered in person, or upon receipt, if (a) deposited in the United
States mail, postage prepaid, certified mail, return receipt requested, or (b) sent by reputable
overnight courier addressed as follows;
To GS Systems: Global Secure Systems Corp.
8601 Ranch Road 2222
. _ Suite 290 ~ .
Austin, TX 78730
Attention: Iowa Contract Administrator
Fax: (512) 495-9486
To: Licensee: Iowa Department of Public Health
321E 12th Street
Des Moines, Iowa 50319
. Attention: Mary Jones
Fax: (515) 281-0488
12.12 .Survival of Clauses. Sections 1, 4, 5, 6, 7, 9, 10, 11, and 12 shall survive
termination of this Agreement.
12.13 Export Re lations. Licensee and GS Systems acknowledge that the
Software and all related technical information, documents and materials maybe subject to export
controls under the U.S. Export Administration Regulations, and to the extent applicable,
Licensee and GS Systems shall (a) comply with all applicable requirements set forth in such
regulations, and' (b) reasonably cooperate with each other in any official or unofficial audit or
inspection that relates to such export requirements.
12.14 Counterparts. This Agreement may be signed in one or more
counterparts, each of which will be deemed to be an original and all of which when taken
together will constitute the same agreement.
12.15 Compliance with Laws. GS Systems and its employees, agents, officers,
directors, approved contractors and subcontractors shall comply with all applicable federal, state,
international, and local laws, rules, ordinances, codes, regulations and orders when performing
Amended and Restated Software Maintenance Agreement 15
Iowa Department of Public Health
within the scope of this Agreement, including without limitation, all laws applicable to the
prevention of discrimination in employment, the administrative rules of the Iowa Department of
Management and the Iowa Civil Rights Commission which pertain to equal employment
opportunity and affirmative action, laws relating to prevailing wages, occupational safety and
. health standards, prevention Qf discrimination in employment, payment of taxes; gift Laws,
lobbying laws, and laws relating to the use of targeted small businesses as subcontractors ar
suppliers. GS Systems shall comply with any applicable reporting and compliance standards of
the Department of Management regarding equal employment. G.S Systems maybe required to
submit its affirmative action plan to the Department of Management to comply with the
requirements of 541 Iowa Administra_ five Code Chapter 4. GS Systems shall make the
provisions of this section a part of its contracts with any approved subcontractors providing
goods or services related to GS Systems' performance of this Agreement.
12.16 Cumulative Rights: The various rights, powers, options, elections and
remedies of.the parties provided in this Agreement shall be construed as cumulative and no one
of them is exclusive of the. others or exclusive of any rights, remedies or priorities allowed either
party by law, and shall in no way affect or impair the right of either party to pursue. any other
contractual, equitable or legal. remedy to which either party may be entitled as long as any
default remains in any way unremedied, unsatisfied, or undischarged. The election by either
party of any one or more remedies shall not constitute a waiver of the right to pursue other
available remedies.
12.17 Successors in Interest. All the terms, provisions, and conditions of the
Agreement shall be binding upon and inure to the benefit of the parties' hereto and their
respective successors, permitted assigns, and legal representatives.
12.18 Records Retention and Access. GS Systems shall maintain books,
documents and records that sufficiently and properly document GS Systems' performance under
this Agreement, including records that document all fees and other amounts charged during the
term of this Agreement, for a period of at least five (5) years following the later of the date of
final payment, termination or expiration of this Agreement, or the completion of any required
audit. GS Systems shall permit the Auditor of the State of Iowa or any authorized representative
of the State, and where federal funds are involved, the Comptroller General of the United States
or any other authorized representative of the United States government, at no charge, to access
and examine, audit, excerpt and transcribe any pertinent books, documents, electronic or
optically stored and created records or other records of.CTS Systems relating directly or indirectly
to GS Systems' performance under this Agreement. GS Systems shall not impose a charge or
seek payment fot any fee, charge, or expense associated with any audit or examination of such
boobs, documents and records. GS Systems shall require its subcontractors to agree to the same
provisions of this section.
12.19 Subcontractors. None of the services to be provided by GS Systems
pursuant to this Agreement shall be subcontracted or delegated to any third party without
Licensee's prior written consent. Licensee's consent shall not be deerried iri any way to provide.
for the incurrence of any additional obligation of Licensee, whether financial or otherwise. Any
Amended and Restated Software Maintenance Agreement 1~
Iowa Department of Public Health
subcontract to which Licensee may consent shall be in writing and shall in no way alter the terms
and conditions of this Agreement. All subcontracts shall be subject to the terms and conditions
of this Agreement and to any conditions of approval that Licensee may deem necessary. GS
Systems is solely liable for any and all payments that maybe due to a subcontractor pursuant to
any subcontract. No subcontract or delegation of work shall relieve or discharge GS Systems
from any obligation, provision, or liability under this Agreement. GS Systems shall remain
responsible for such performance and shall be fully responsible and liable for all acts or
omissions of any such contractor or subcontractor. Any action of a subcontractor, which, if done
by GS Systems, would constitute a breach of this Agreement, shall be deemed a breach by GS
Systems and have the same legal effect.
12.20 Exclusivity. This Agreement is not exclusive.
12.21 Sovereign ImmunitX. Licensee does nat. waive sovereign immunity, by
entering into this Agreement and specifically retains and reserves the defense of sovereign
irr~munity and all defenses available to Licensee under State and federal laws, rules and •
regulations for any claim arising out of or related to this Agreement. • •
12.2.2 Multiple Counterparts. This Agreement maybe executed in two or more
counterparts, each of which taken together shall constitute one and the same agreement.
1.2.23 Confidentiality. ~ GS Systems and its employees, agents, approved
contractors and subcontractors may have access to Confidential Information, data, software,
hardware, programs or other information or property possessed, owned or maintained by the
Licensee ("Licensee Property") to the extent necessary to carry out its responsibilities under the
Agreement. Such Licensee Property shall at all times remain the property of the Licensee. GS
Systems shall preserve the confidentiality of Licensee Property disclosed ox furnished to GS
Systems and shall maintain procedures for safeguarding such property. GS Systems must
designate one individual who shall remain the responsible authority in charge of all Licensee
Property collected, used, or disseminated by GS Systems in connection with the performance of
this Agreement. GS Systems shall accept responsibility for providing adequate supervision and
training to its agents, employees and any approved contractors and subcontractors to ensure
compliance with the terms of this Agreement. GS Systems and its employees, agents, and any
approved contractors or subcontractors maybe required by the Licensee to •execute
confidentiality ornon-disclosure agreements to obtain access to certain Licensee Property. GS.
Systems and its employees, agents, approved contractors and srabcontraetors shall not disclose,
publish, reproduce, disseminate or otherwise use any licensee Property received, collected,
maintained, or used in the course of performance of the Agreement except as permitted by the
Licensee to enable GS Systems to perform its obligations under this Agreement and except as
required by applicable laws, rules or regulations, either during the term of this Agreement ox
thereafter. GS Systems agrees to return any and alI Licensee Property received, collected,
accessed, maintained, created, or used in the course of the performance of the Agreement in
whatever form it is maintained promptly at the request of the Licensee. In the event that GS
Systems receives a request for access to any Licensee Property, GS Systems shall immediately
communicate such request to the Licensee for consideration and handling. GS Systems shall
Amended and Restated Software Maintenance Agreement Z~
Iowa Department of Public Health
indemnify the Department, the State and all other Indemniteea in the manner provided for -
indemnification elsewhere in this Agreement for a violation of this section. In the event of a
breach of this section, the Licensee may terminate this Agreement immediately without notice of
default and opportunity to cure. GS Systems acknowledges that the disclosure of any Licensee
Property will immediately give rise to continuing irreparable injury to the Licensee and others
that is inadequately compensable in damages at law. Accordingly, and without~prejudice to any
other remedy available to the Licensee, the Licensee will be entitled to injunctive relief. GS
Systems' obligations under this section shall survive expiration or termination of this Agreement.
12.24 Title to Property. Title to all property (including Licensee Property)
furnished by the Licensee to GS Systems to facilitate the performance of this Agreement shall
-remain the sole property of the Licensee, All such property shall only be used by GS Systems
for purposes of fulfilling its obligations under this Agreement and shall be returned to the
Licensee upon the earliest of completion, termination, or cancellation of this Agreement or_at the
Licensee's request. GS Systems acknowledges that it shall acquire no interest or rights in and to
such property. Except as expressly provided in this Agreement, GS Systems shall not disclose or
use such property for any purpose, including pledging or encumbering it, selling or using it for.
monetary gain, using it to compile mailing lists, solicit business or pursue other business -
activities, or otherwise. Title to all property purchased by GS Systems, for which GS Systems
has been reimbursed or paid by the Licensee under this Agreement, shall pass to and vest in the
Licensee, e~tcept-as otherwise provided in this Agreement.
12,25 Care of Property. GS Systems .shall be responsible for the proper custody
and care of any property, data, databases, software, interfaces, hardware, telecommunications lines
and equipment, intellectual property and Licensee Property furnished by the Licensee for GS
Systems' use in connection with the performance of the Agreement. GS Systems shall exercise
its best efforts to prevent damage to alI such property and shall, at the Licensee request, restore
damaged property to the extent possible to its condition prior to the damage at the sole expense of .
GS Systems: Such restoration shall be complete when judged satisfactory by the Licensee, In
addition, at the Licensee's request, GS Systems will reimburse the Licensee for any loss or
damage to such.property caused by GS Systems, or any agent, contractor or subcontractox
employed or utilized by GS Systems. GS Systems shall not take any action that would impair
the value of, or goodwill associated with, the name, property and intellectual property rights of
the Licensee. GS Systems shall.obtain the prior advance written approval from the Licensee
prior to GS Systems' use (in advertising, publicity, public contract bidding, or otherwise} of the
name, marks or intellectual property rights of the. Licensee.
12.26 Exhibits. The exhibits to this Agreement form an integral part of this
Agreement.
[Signatures on following page]
Amended and Restated Software Maintenance Agreement 1g
Iowa Department of Pnblie Health
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
and delivered on the day and year first above written. .
ACCEPTED AND AGREED TO;
GLOBAL SECURE SYSTEMS CORP.
B ~ , ~-
ACCEPTED AND AGREED TO;
LICENSEE
By:
Titlf
Signature Page
Amended and Restated Software Maintenance Agreement
Iowa Department of PIealth
EXhIIBIT A
I. Maintenance Response Schedule
1:. GS Systems' consultant(s) shall return calls within the time specified in the
Response Schedule set out below. Such response times shall be measured from the time a
Licensee Contact requests support by one of the means set forth below.
2. Licensee's Maintenance Representatives shall report Deficiencies to GS Systems
to one of,the consultants designated by GS Systems. For Severity 1 Deficiencies, Licensee's
Maintenance Representatives shall in addition to any notification by any other means, notify GS
Systems by telephoning a consultant. In the event Licensee cannot make contact with a GS
Systems consultant, Licensee shall continue its efforts to personally notify GS Systems by
calling the following GS Systems representatives in the order listed until a GS Systems
representative is contacted in person.
i Licensee Service Manager
ii Chief Operating Officer
iii ~ Chief Technology Officer
iv Chief Executive Officer
3. Licensee will make an initial classification of each Deficiency with the Software
or Documentation and will report such Deficiency to GS Systems based on the criteria set forth
below. In the event there is a dispute between the Licensee and GS. Systems regarding the
classification of such Deficiency that is not resolved within 24 hours after the report from
Licensee, such dispute shall be escalated to GS Systems' Director-level management for
resolution. GS Systems retains the sole right to make the final determination in its reasonable
opinion as to the classification of such problem.
Deficiency Classification Criteria
Severity Level 1 Critical Business Impact
Severity Level 2 Significant Business Impact
Severity Level 3 ImTon-Critical
Severity Level 4 Minimal Impact
4. In the event Licensee reports a problem to GS Systems during GS Systems'
normal business hours, GS Systems shall respond to such reports in accordance with the
following Software Maintenance Response Schedule.
Bxhibit A ~ ~
Amended and Restated Software Maintenance Agreement
Iowa Department of Public Health
Software Maintenance Response Schedule
Deficiency
Classification 15t Level 2n Level 3r Level ,
Severity 1 1 business hour ~ 4 business hours ~ _ 8 business hours or
next business da
Severit 2 2 business hours 1 business day Next Release
Severit. 3 2 business da s To be scheduled as a ro riate '
Severit . 4 Z business da s To be scheduled as a ro riate
Level ldentification
Level 1: Acknowledgement of receipt and Deficiency xeport
Level2: Commencement of patch, work around, temporary fix, Bypass and other
.temporary resolution of the Deficiency and documentation of corrections.
Leve13: Official Object Code fix incorporated in a Fix, Enhancement or Update to the
Software.
"To be scheduled" means that the parties shall address the Deficiency at the next
scheduled project review meeting and in good faith agree on suitable Leve12 and Level 3
responses.
"Next Release" means the release of a Fix, Enhancement or Update to the Software that
corrects Deficiencies or makes improvements in the functionality of the Software.
5. Fox GS Systems to have any obligation to provide Maintenance Services in~
response to a Deficiency, Licensee must be able to present to GS Systems a reproducible
Deficiency in order to assist GS Systems with its efforts to correct a Deficiency. The manner in
which Licensee presents to GS Systems the method or means to reproduce such a reported
Deficiency must be in a form usable by GS Systems. Should the parties later discover that the
Maintenance Services provided to address the non_reproducible Deficiency was not~within the
scope of the Maintenance Services in the Agreement, Licensee shall pay GS Systems for all
professional time (at GS Systerr~s' than-current rates reasonably expended by GS Systems and
travel-related expenses reasonably incurred by GS Systems in response to such Deficiency,
subj ecf to all terms, conditions and limitations of this Agreement. '
TI. Maintenance Fees.
A. The partial amount of the Maintenance Fee for the period March 1, 2006 through
August 30, 2006 shall be $71,669.67, and thereafter for ,any Renewal Term of August 31 through
August 30 the Maintenance Fee shall be identified in this exhibit, which may be adjusted upward
Exhibit A 2
Amended and Restated Software Maintenance Agreement
Iowa Department of Public health '
from time to time if the Licensee purchases additional licenses to use the Software under the
Software License Agreement or adjusted downward from time to time if the Licensee
relinquishes user licenses to the Software under the Software License Agreement (pit being
understood that if,.after a reduction in the number of user licenses, the Licensee subsequently
wants to add additional licenses it must purchase those user licenses at the rates for the
.applicable level of user license identified in the Supplenental Amendment to Software License
Agreement). In addition, the amount payable as Maintenance Fee shall be adjusted upward or
downward, as applicable, to reflect any changes in user license levels resulting from a conversion
of user license levels pursuant to Section 2.2 of the Supplemental Amendment to Software
License Agreement, dated of even date herewith.. The Maintenance Fee will be adjusted to
reflect the converted user license levels using the maintenance fees stated below. The State
acknowledges that typically GS Systems collects maintenance fees in respect of the Software on
an annual basis in advance. However, the State has elected to pay the Maintenance Fee quarterly
in advance, and that accordingly, the amount of the Maintenance Fee includes an agree upon
seven percent (7%) charge of the subtotal as the price for the Quarterly Payment Plan Fee. The
amount of the Maintenance Fee for a one year period that would run from August 31 to August
30 of the following calendar year has been calculated as follows;
Cate or ~'ee ~ uantit sets Total
Administrator users $75 30 $2,250
Collaborator users $3b 1767 $63,612
Alert users $6 ~ 509 $3,054
Primar Server ~ . $43,500 ~ 1 $43,500
Primary ~
Communications ~ $0 ~ 1 $0
Secondar Server $21,000 1 $21,000
Secondary
Communications $1,500 1 ~ $1,500
~ .
Quarterly Payment
Plan Fee 7% of subtotal of
$133,962* 1
' $9,3'77.34
T®TAL Fee for
Maintenance Term $143,339.34
Quarterly Payment Amount:
June 1, 2006 $35,$34.83
The parties acknowledge. that the Licensee has pxe paid for maintenance on 159 Alert users for
the three-year period March 1, 2006 through August 30, 200$. If this Agreement is terminated
prior to August 30, 2005 or if the Licensee does not renew this Agreement at the end of any year
term hereof, GS Systeins° sole obligation to the Licensee in respect of such pre-paid amounts
shall be to refund to the Licensee the allocable portion thereof attributable to the period of time
between the termination date or non-renewal date and August 30, 2008.
Exhibit A 3
Amended and Restated software Maintenance Agreement
Iowa Department of Public Health
* Because the Licensee has pre-paid the maintenance for 159 Alert users for the three-year
period March 1, 2006 through August 30; 2008, the amount of $954 (representing the
maintenance fee for 159 Alert users for the six-month period March 1, 2006 through August 30,
2006) has been deducted from the amount used to calculate the Quarterly Payment Plan Fee and
from the amount listed as the TOTAL Fee for Maintenance Term.
B. If the Maintenance Fee in (A) is adjusted upward or downward, the amount of the
increase or decrease iri the Maintenance Fee in (A) shall be calculated as follows (such amount
being adjusted pro rata for the allocable portion of such maintenance period from the date of the
adjustment in user licenses until the next following August 30):
i. $75.00 per Administrator license per year; PLUS
ii. $36.00 per Collaborator license per year; PLUS
iii. $6.00 per Alert license per year; PLUS
iv. 7% of the subtotal i + ii + iii above for the Quarterly Payment Plan Fee,
Exhibit A ~ 4
Amended and Restated Software Maintenance Agreement
Iowa Department of Public Health
Iowa ®epartment of Pubi9c Health
®ivision of &cute pisease Prevention & I~rnergei
Bch ent
HAN Resource Manua!
Iowa ®epartment of Public Health
Division of Acute Disease Prevention and Emergency Response
Centel- for Disaster Operations and Response
Lucas State office Building
321E 12t" Street
Des Moines, IA 50319
www.idph.state.ia. us
Tom Boeckmann
HAN Chief
(319) 472-5340 .
tom.boeckmann@idph.state.ia.us
~~~~¢ Io~ra Health Atert Network .
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April 12, 2007 Health Alert Network (HAN) Page 1 of 35
Iowa epartrrtent of Pulslic Heaith
®ivision of Acute ®isea~e Prevention ~c Efrnergency Response
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Acknowledgements ................................................... .......................................................3
General. Purpose .......................................:.........................................................................4
Technical Purpose ...............................................................................................................4
Background j ®verview .........................:...............~.............,.,.,,...................,..........,..........4
HAN Help ®esk .........................................................................................................
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Policy and Procedure Violations ................:...................................................................:.......5
IDPH Responsibility .............................................................................................................5
Authorized User. Responsibility ..... .............................................................,........................6
Confidentiality .................................................................................................................... 6
Definitions and Acronyms ......:.....................................................................,,,,.......,...,...,....:7
System Components -
Users ...........................................................................
Internet Portal ..............................................................................:............................. I,3
System Tests and Exercises .........................................................................................16
HAN Procedure Appendix ...................................................®................,............,.........,....., I7
Appendix A -Adding or Removing Users on the MAN .....................................................18
Appendix B -First-time HAN Internet Portal Users ......................................................... i9
...
Appendix C -User Directory .... .................................................................................. 22
Appendix D -Document Library ................................................................................... 23
Appendix E -Alerting and .Notification Procedures .......................................................a. 25
Appendix F ®HAN Maintenance and Inoperability Procedures ......................................... 27
Appendix G ° Hospital Emergency Rodm Stafi Role Procedures ..................:.................... 28
Appendix H -HAN Internet Portal and Use During Exercises ........................................:..29
Appendix I -HAN Troubleshooting ............................................................................... 30
HAN Attachment Appendix .........................................................................:...................... 33
Attachment 1 ~ Memorandums of Understanding on File ................................................ 34
Attachment 2 ®Core User Listing . ................................................................................35
P~
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April 12, 2007 Health Alert Network (HAN) Page 2 of 35
Iowa Department ®f Public Health
ivisi®n ~f Acute ®isease Preventi®n mergeney Response
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The .Iowa Department of Public Health has contracted with Global. Secure Systems Corp.
{formerly known as Virtual Alert, Inc.) to obtain certain rights to use the Global Secure
Response Manager (formerly known as Bio-Terrorism Readiness Suite), a proprietary software
product owned and 'licensed by Global. Secure Systems Corp., far the purpose of establishing
and maintaining the Health Alert Network.
Funding for this project came from the Centers for Disease Contro) and Prevention (CDC) Public
Health Emergency Preparedness Grant and the Health Resources Services Administration
(HRSA) National Bioterrorism Hospital Preparedness Program Grant.
N N N
The Iowa Department of Public Health thanks the members of the HAN Subcommittee who
have given of their time and talents to ensure that the needs of users are met and making the
HAN system "user friendly": We look forward to working with this group in the future to make
the Iowa HAN System even better.
April 12, 2007 Health Alert Network (HAN) ~ Page 3 of 35 .
Iowa ~eparttnent ®f Public Health
ivision of Acute isease Prevention & Emergency Response
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Throughout history, many lessons have been. learned about the public health response to an
emergency. Time and best practices have shown that communication is key to the success of
any response. The Iowa Department 'of Public Health (IDPH) recognizes the need for a
redundant and robust communications system, The Health Alert Network (HAN) is a system
managed by the IDPH through the Center for Disaster Operations and Response (COOK). The
purpose of this Resource Manual. is to describe the HAN and provide procedures for the use of
the many system components of the HAN. .
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The HAN links Iowa's emergency response community and state government ofFicials through a
centralized information sharing and emergency notibcation system. The HAN system includes
an Tnternet .portal (Response Manager -- commonly called the HAN), a radio system and a
number of redundant communications modes. This document outlines how the IDPH manages
the system and provides procedures and operating instructions for use of the system.
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The HAN is a total communications package managed by the TDPH. It includes an Tnternet
portal, radio communications, and redundant communication systems.
The Internet portal is a secure, web-based communication system allowing users to issue alerts,
share documents, post announcements and news items, and collaborate. Iowa's HAN was
roiled out to users the summer of 2004. Today, there are over 1700 users on the system.
die HAIV is a secure information system which is password protected. The issuing authority is
controlled by role-based security That prevents "anyone" from posting alerts or documents to
the HAN. '
The ~/AN system is not a public warning system,
The .HA"~ can be accessed through the Internet f ro~ii~ any computer. Gniy authorized users of
the system with valid license rights from IDPH will be issued secure usernames and passwords
to access the HAN. The system serves as a directory, providing a registry of users and contact
information. The system provides users the ability to_send and receive alerts; enabling users fio
choose how they.wish to be notified of an emergency (i.e. email, cell phone, traditions( phone,
pager, Blackberries, and/or fax). Additionally, the system provides document management
capabilities, allowing users to post documents, subscribe to receive notifications when specified
..documents are modified and collaborate with other users on the system.
Four Ti lines allow for 96 telephone lines to provide the backbone of the primary and secondary
system. The IDPH administers the system with IT specialists and duty ofr~icers available 24/7,
April 12, 2007 Health Alert Network (BAN) Page 4 of 3S
I®wa Department of Public Health •
Division ®f ,Acute Disease Prevention ~c emergency Response
Other HAN and communication activities:
® Upgrading computer infrastructure sa all Iowa all local public health agencies and
hospitals have high-speed Internet connectivity,
® Alpha-numeric pagers for all hospitals and local public health agencies for
emergency notii=lcation,
® State-wide 800 MHz radios for all Iowa hospitals and Ioca1 public health agencies,
the state public health laboratory, poison center, and EMS helicopters,
® High. Frequency radio system for communications with our federal partners and
. other states, '
® Communications support for Public Health Response Team Support Trailer (800_ MHz
and VHF radio in the trailer),. and
® Maintaining a cache of radios,
IDPH facilitates aCommunications/IT Sub-committee as part of the state Preparedness Advisory
Committee (PAC). Members of the sub-committee represent local public health agencies,
hospitals, laboratories, emergency medical services, and state agencies to offer
recommendations and support as Iowa's HAN evolves. This sub-committee continues to meet
as vde plan, the future of this critical resource for emergency response.
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The HAN is-managed by stafF at IDPH. A Help Desk is available to assist users and answer
questions about the system. A staff consisting of the HAN Chief and HAN Officers are on call
24/7. To contact the Help Desk, call (515) 281-0914 or send an email to
HANOfficer IawaHealthAlert.orc~.
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The IDPH may terminate use of the HAN immediately and without penalty if it determines that
an individual • or agency has violated any of. the terms or conditions of the HAN MOU, the
License Agreement, the Maintenance Agreement or this Resource Manual,
IDPH assumes no responsibility for documents or alerts posted by non-IDPH users and no
responsibility for the activities, omissions, or other conduct of non-IDPH authorized users. If
notified by an authorized user of a document which allegedly does not conform to the terms
and conditions of the HAN MOU or this Resource Manual, IDPH shall investigate the allegation
and determine in its sole discretion whether to remove the document or alert. IDPH. may also
monitor documents and alerts at random and shall investigate inappropriate posting, usage, or
conduct and determine in its sole discretion whether to remove the document or alert. TDPH
may also terminate the HAN MOU if an authorized user violates any of the terms or conditions
of the HAN MOU, the License Agreement, the Maintenance. Agreement, or this Resource
Manual.
Apri) 12, 2007 Health Alert Network (HAN) Page 5 of 35
T®wa elaartmenfi of Public Health
ivision of Acute ®isease Prevention ~~~tnergency Reslaonse
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Authorized users shall not post documents or alerts which contain any of the €ollowing;
® Copyrighted material (unless the authorized user owns the copyright or has the
- owner's permission to post the copyrighted material)
® Material that infringes on or misappropriates any persons intellecfiual property or
other~proprietary rights
® Material that is unrelated to the purposes for which the HAN is to be utilized
® Material which is sexually explicit, obscene, libelous, defamatory, threatening,
harassing, abusive, or otherwise Inappropriate or unprofessional
® Advertising
Material which is used for the purpose of pursuing or obtaining employment
Authorized users should be aware that confidential information may be posted or.transmitted
via the HAN if authorized by federal or state statute or administrative rule. Authorized users
shall maintain the confidentiality of all confidentia{ information posted or transmitted via the
HAN in accordance with federal and State laws. If an authorized user posts a document or alert
to . a folder which is accessible only to others users within the agency, that authorized user
remains the lawful custodian of that record for.purposes of Iawa Code chapter 22.
April 12, 2007 ~ Health Alert Network (HAN) Page 6 of 35
Iowa department of Public Health
®iyision oi•' Acute f)isease Prevention Emergency Response
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Active Alerts
Alerts that have been sent and have not yet expired from their duration setting.
Additional Users
Additional users are those users who hold a license for the HAN which were purchased through
IDPH by an AUTHORIZED AGENCY. These licenses are to be maintained by the purchasing
AUTHORIZED AGENCY.
A®PER
Acute Disease Prevention and Emergency Response.. A division within IDPH.
Alert
A notification sent to inform or warn user (identified by a role) within the Directory,
Alert ®etaits .
All details of an alert that has been sent, including: who sent the alert, the subject ofi the alert,
the message of the alert, the priority of the alert, the time the alert was sent, when the alert
expires and'the Roles that the alert notified.
Alertable Roles '
An Alen`able Role is a Role that has been configured to receive alerts. Users can be members of
an Alertable Role, which means they would be a member of a Role that can receive an alert,
Roles can also be assigned Alertable Roles, which will be the Roles that they are able to send
alerts to.
Author
A user who has permission to add, edit, deiefe, or read all documents in a folder. Authors can
also create, rename, and dolete folders, but cannot set the security policy on a folder. In an
enhanced folder, authors can also submit any document for publishing.
i3i'R (~iom`i°errorisn~ Readiness suite) Admin
A user who has the broader permissions to manage portal content,.portal settings, groups and
users. Additionally, the BTRS Admin has the ability to generate & view various administrative
reports and lags.
i3'TR (~io~Terrorism Readiness suite) system Administrator
A user who has permission to set up, configure, and maintain servers, manage server
resources, create and update indexes, and control security at the top level of the workspace.
CA®
Center for Acute. Disease Epidemiology. A center within the ADPER Division of IDPH.
Categories ~ .
Groups of related content, organized hierarchically by subject matter.
April T2, 2007 Health Alert Network (HAN) . Page 7 of 35
Iowa ®epartment of Pubtic Heatth - ,
Division of Acute [)lessee Prevention Emergency Response
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Centers for Disease Control and Prevention
C®R
Center for Disaster Operations and Response. A center within the ADPER Division of IDPH.
Check-Tn ~ .
Add or return a document to an enhanced folder. Releases the editing reservation on a
document, al{owing others to open and edit it.
Check®®ut
Create a writable version of a document while, preventing other users from editing the same
document.
Cornmunicat'sons~
A means of. sending or transmitting messages by electronic devices.
C®re Users
Core users are those users who hold a license for the HAN which was purchased by.the IDPH
using the CDC Public Health Emergency Preparedness Grant or HRSA National Eioterrorism
Hospital Preparedness Program Grant. These licenses will be maintained as part of the core
licenses as long as sufficient federal funding is available,
Discussions
A feature for adding threaded remarks about a document.
irectory -
A collection of organizational units and roles within those units.
ocument ~ -
Adiscrete unit of content and its associated information.
ocument Library
The storage location for documents in the workspace on the system.
Docunnent Profile
A set of properties applied to similar` docurnerits.
®ocuments Folder
A folder that is used to store documents in the workspace.
Folder .
A means of organizing and storing programs, fles, and documents on a disk or server.
Folder Free .
A hierarchical display of folder organization.
Heatth Alert Netuuork Ntemorandum of Understanding (SAN tai®lt) .
The agreement executed by and between IDPH and an AUTHORIZED AGENCY.
April 12, 2007 Health Alert Network (HAN) Page 8 of 35
Iowa ®epartment of Public Health
®ivision of Acute ®isease Prevention ~ emergency Response
HtZ~A
Health Resources Services Administration -
I®PH
Iowa Department of Public Health
Keywords
A list that represents terms a user might enter in a search form. These terms-can be organized
into optional hierarchies to help organize them more effectively.
Organizational Unit (OU) -
A container that holds objects. Typically, an organization will create organizational units that
resemble their organizational structure, having an OU for each department.
Permission(s) .
Authorizations within; the portal, which determine access to documents/sections in the
workspace. The three standard permissions are: Reader, Author and BTRS Administrator.'
Policy,. Folder Policy
Restrictions placed on a folder or other object that limit access to it, or that limit operations that
cari be performed on the object.
Profile (Portal) .
Information about individual documents that are uploaded into BTRS. The profile information is
attached.to the corresponding documents and aids in searches.
Ely-Profile (Alerting)
Information about individual users that can be updated by themselves, This information
populates the Directory, - -
Property
An element of metadata for a document profile. Each document profile has multiple properties.
Properties can be system-defined, such as file size or creation date, or can be user-defined,
such as title or keywords. ~ -
Publish
Ta make a document available to readers on the system.
Reader
A user who can search for and read documents but cannot add them to the workspace. By
default, all folder users have reader permissions. In an enhanced folder, readers can only view
folders and published versions of documents. A reader cannot checkout, edit, or delete
inrorkspace documents and cannot view draft document versions.
Redundant
Serving as a duplicate for preventing failure of an entire system upon failure ~ of a single
component.
Apri{ I2, 2007 - Health Alert Network (HAN) Page 9 of 35
I®uVa ®epartrnent of Pubtic Health
®ivision of Acute ®isease Prevention ~ emergency t2esponse
Roles (Alerting)
A position within an organizational unit that is able td be notified. A role can have more than
one .person assigned to it.
Search
The functionality of finding information in documents based on keywords found in the text of
those documents or related to the properties of the documents. This is commonly referred to
as full-text search. You must create full-text indexes to use full-text search,
Subscription
A request for notification when changes are made to a document, the contents of a folder, a
category, or a search results list.
Undo check-®ut
Cancel the deck-out of a document. Undoing acheck-out returns the document to the state it
was before the check-out.
~llpdate
The process through which search, crawls content and compiles an index of the content. Full
updates include all content, incremental updates include only content that has changed.
Adaptive updates include only content that is likely to have .changed based on an analysis of
historical information.-
Version History '
The (reverse) chronological listing of revisions that have been made to an item, and any
associated comments attached to the version by the user performing the check-in or check-out,
R
April 12, 2007 Health Alert Network (HAN) Page 10 of 35
I®tn-a ®epartment of Public Health
®ivision of Acute ®isease Prevention ~ Emergency Response
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Only users to whom IDPH has granted license rights may access. The user is responsible for
establishing their personal and alerting prol=lle on the system. Users are expected to log in at
least monthly to confirm the information in their profile, and make changes as necessary to
ensure timely, efficient, and effective notification during an emergency. Users must establish a
secure system password. Sharing this password with anyone is prohibited. See Attachment 2
for a listing of Care Users.
There are three (3) levels of licenses available for users of the system.
® Alert Level: Users have access to some of the functionality provided an the HAN portal.
o Able to maintain individual proi:ile and alerting profile through the portal, and
o View the directory, news and announcements;
Collaborator Level: Users have access to most of the functionality provided on the HAN
portal.
o Same functions as listed in Alert Level, plus
a Ability to access information,
o Publish -arid edit documents,
o Subscribe to content, .
o Fax distribute documents,
o' Look up other users in the directory,
o Participate in discussions based upon permissions that have been assigned to that
user's roles, and
a Ability to initiate alerts, if granted administrator permissions.
® Administrator Le•,~el: Users have full access to the functionality provided on the HAN
portal
o Same functions as listed in Collaborator Level, and .
o Maintain roles and permissions through the porky{.
IDPH, through the HAN MOU, has granted five collaborator licenses (administration, nursing,
epidemic%gy and environmental health) to each local public health agency. These licenses
were purchased and are maintained through fhe CDC Public Health Emergency Preparedness
Grant.
IDPH, through the HAN MDU, has granted five collaborator licenses (administration, emergency
department, infection control and laboratory) and one alert license (emergency department) to
each hospital. These licenses were purchased and are maintained through fhe HRSA National
Bioterrorism Hospital Preparedness Program Granf.
IDPH intends to maintain These licenses as part of the Core User licenses provided sufficient
federal funding is available.
Apri{ Z2, 2007 Health Alert Network (HAN) Page 11 of 35
Iowa Department of public Healtf~ .
Di~isi®n ®f Acute Disease Arevention ~ Emergency Resp®nse
riding Users
An agency must execute a HAN MOU with IDPH to add users. l°hese users will be added to the
system at the expense of the agency requesting the addition. >=xpenses consist of the license
cost, other software agreement expenses and annual license and maintenance fees. Users may
be added to the system on a quarterly basis (the frrst working day of March, June, September,
and December). More information about. adding users can be found under "Announcements"
on the . HAN or you may contact the HAN OfFcer at (515) 281-8914 or email
HANOfhcer IawaHealthAiert ora. See Appendix A for additional information regarding the
addition of users.
eactiva~in Users
All user deactivations are performed by the HAN Chief only, See Appendix A fior additional
information regarding the removal of users..
April 12, 2007 Health Alert Network {HAN) Page ].2 of 35
Iowa Department of public Health
®ivision of Acute Disease Preaention >3c Emergency Response
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The Internet portal is a redundant, robust computer system based on Microsoft® technology.
As such, it works best with Internet Explorer. The portal is available to authorized users
approved by the IDPH and is used for notifications and/ar alerting, sharing information and
documents, and serves as a directory of users. The portal includes the following services:
ocuent Library
The portal contains a document library for storing and sharing of health and other
related information. The document library is available to any user with a Collaborator or
Administrator license. Some documents in the document library may have restricted
access, Access is controlled by HAN administrators: Administrators of the HAN have the
right to delete aray document deemed outdated and/or inappropriate. HAN
administrators periodically view the document library to maintain its integrity, structure
and organization. All documents posted in the document library should be relevant to
public health or emergency preparedness and response.
A detailed guide for the use of the HAN is available in the document library section of
the HAN portal titled "Bioterrorism Readiness Suite User Guide" or you may request an
electronic copy at HANOfficer IowaHealthAlert.arq.
Posfing a document or alert on the MAN does not satisfy a provider or laboratory's
disease reporting requirements under Iowa Code chapter 139A and 641 Iowa
Administrative Code chapter 1.
® lerting and Notifi Lion ~ External Non-IH users
Alerts may be sent by users of the HAN. The roles which may be alerted by a user must
be mutually agreed upon by the user and HAN administrator. The sender is responsible .
for all costs associated with sending an alert including long-distance phone charges.
There are four (4) "levels" of alerts far External Non-IDPH users:
1. Email Only. Information that is routine in nature and is for informational
purposes only. Emai! only alerts shall not be time-sensitive and should not
require recipient action or response. Confirmation of the email alert by the user
is logged on the HAN. Examples of email only alerts are meeting
announcements and grant-related information.
2. Low level. Low level alerts should not require immediate action by the recipient.
Low level alerts are to be used for routine communications and updates to
information previously sent. Confirmation. of the alert by the user is logged on
the HAN. Users are alerted by the methods they define in their alerting profile.
All updates received from CDC are sent Low level,
3. Medium level. Medium level alerts are used for non-emergent information and
notifications. Medium level alerts are appropriate fora topic receiving
wide-spread attention from the media and/or' general public such as an outbreak
April 12, 2007 Health Alert Network (HAN) Page ].3 of 35
Yowa ®epartrnent of Public Health
®ivision of Acute ®isease Prevention & Emergency Re§porise
or other illness. The medium level alert may also be used to notify partners for
the first time of an incident except those that require a High level alert.
Confirmation of the alert by the user is logged on the HAN. Users are alerted by
the methods they define in their alerting profile.
4. Hi h level High level alerts are used for emergencies and time-sensitive
notifications that .require, an immediate response from the recipient. Examples
include those situations when there is an immediate and/or severe threat to the
lives or health of people Iowa, especially if the day-to-day operations of public
health authorities are insufficient to address the threat.' Confirmation of the alert
by the user is logged on the HAN. Users are alerted by the methods they define
in their alerting profile. Tt is recommended that users list all available devices
(their pagers, cell phones, home phone, etc.) for receiving alerts at this level.
Alerting and Notification ®TPH users .
An internal approval process has been established to ensure appropriate use of the HAN
for routine and emergency communications purposes from IDPH, A key component of
this process is priority-based review and approval. Health alerts are categorized as
'post-only', `email-only; `low priority', `medium priority' or `high priority', and each level
has specific review and approval requirements. .
There are five (5) "levels" of alerts for IDPH users:
1. Post Only. Information that is routine in nature and is for informational purposes
only may be posted on the portal under `News'. The information is posted only
and users are notified only if they subscribe to `News'. Pasted information shall
not be time-sensitive and shall not require recipient action or response.
2. Email Only. Tnforination that is routine in nature and is for informationa!
purposes only. Email only alerts shall not be time-sensitive and should not
require recipient action or response. Confirmation of the email alert by the user
is logged on the HAN. Examples of email only alerts are meeting
announcements and grant-related information.
3. Low level. Low level alerts should not require immediate action by the recipient.
Low level alerts are to be used for routine communications and updates to
information previously sent. Confirmation of the alert by the user is logged on
the HAPd. Users are aler"red by the methods they define in their alerting profile.
All updates received from CDC are sent Low level.
4. Medium level. Medium level alerts are used for non-emergent information and
notifications. Medium level alerts are appropriate for a topic receiving
wide-spread attention from the media and/or general public such as an outbreak
or other illness. The medium level alert may a{so be used to notify partners for
the first time of an incident except those that require a High level alert.
Confirmation of the alert by the user is -ogged on the HAN. Users are alerted by
the methods they define in their alerting profile.
April 12, 2007 Health Alert Network (HAN) Page 14 of 35
Iowa Department of Public Health
Division of Acute Disease Prevention Emergency Response
Medium level alerts must a approved first by the u Officer then by
one of the following; Department Director, or State or Deputy Mate
Epidemiologist.
5. High level. High level alerts are used for emergencies and time-sensitive
notifications that require an immediate response from the recipient. Examples
include those situations when there is an immediate and/or severe threat to the
lives or health of people Towa, especially if the day-to-day operations of public
health authorities.are insufficient to address the threat, Confirmation of the alert
by the user is logged on the HAN. Users are alerted by the methods they define
in their alerting profile. Tt is recommended that users list all available devices
(their pagers, veil phones, home phone, etc.) for receiving a{erts at this level.
High level alerts must be approved epartrnent Director or a~ Duty
Officer in the absence of the Department Director. Ail ale sent toy.
I®PH HAM Staff require a completed HAN Approval Form. 'A copy of the
Approval Form is located under "Announcements'° on the HAM portal.
User Directory
This is a directory of all users on the system and includes key information for'contacting
the user during an emergency. Information contained in the user directory is based on
information populated by users of :the HAN. The user directory on the HAN is for official
use only. Use of the information contained in the directory for any purpose outside of
the intended scope is prohibited..
portal Secornes Inoperable
Any time that the HAN. is inoperable for a period of thirty (30) minutes or it appears that
the HAN will be down for that amount of. time or longer the HAN Officer shall consult
. with the ADDER Division Director and IDPH Duty Officer and then n®tify the Iowa
Department of Agriculture and Land Stewardship (IDALS) Duty Officer, HSEMD Duty
Officer, and the Governor's Office. See Appendix F for additional information regarding
these notification procedures,
In addition, the IDPH Bureau of Information Management shall be notified if the
inoperable status is not the result of regular maintenance.
The notifrcation shall include:
® Brief description of the problem encountered,
® Estimated time the system maybe down,
Other communicafiions strategies to be deployed if necessary while the HAN is
down, .
Other users that shall be notified of the situation, and
® Other special notes and/or considerations.
AU persons previously notified shalt be notified a second time by the on-call HAN Officer
when the system is operational.
April 12, 2007 ~ Health Alert Network (HAN) Page 15 of 35
Iovua ®eparttnent of Public Wealth
®ivision of Acute ®isease Prevention Emergency Response
. . ~ y~~e ~ . ; ponent~. - ~~t T.sts and xrc~e~ -. -
Formal tests of the HAN portal are conducted twice per year by IDPH. Other tests are done as
requested and when maintenance is done on the system to ensure proper operations. All alerts
sent over the system are tracked, monitored, and recorded to.evaluate the operations of the
system.Local entities are encouraged to use the HAN portal for local exercises and for testing
purposes. Contact the HAN officer at (51S) 281-Q914 or email HAt~OfficerCu~IowaHealthA(ert.orq
for more information. See Appendix H for additional information tagarding these tests.
April 12, 2007 Health Alert Network (HAN) Page 16 of 35
. Iowa ®epartment ®f Public Health
®ivision of Acute Disease Prevention 8~ Emergency Response
` 1
dJ 5~ lowa§~H~~~He~ ~
a
~¢OA~ .
HAN User and License Procedures
Adding or Removing Users on the HAN ......................................~..........:.......................,..A
HAN Internet Portal Procedures
First-time HAN Internet Porta( Users ..........................:...............................:.................... B
Logging onto the. HAN
My Profile Information ~ ~ ,
Alerting Security Code and Alerting Profiles
Changing-Your Password
Receiving and Confirming Alerts
User Directory ............................................................................................:...........:......C
Document Library ..................................:.....................................................:................ D
Posting Documents in the Document Library
Checking Documents "In"and `Out" of the Document Library
Alerting and Notification Procedures .............. .........,....,........,.,...,.....................,,.......... E
Levels of Alerts and Approval .
Posting Alert Information
Alert Uniformity
Externs( Users -Alerting
CDC Updates, Advisories, and Alerts
HAN Maintenance and Inoperability Procedures ............................................................... F
Hospital Emergency Room Staff Role Procedures .........................................:.................. G
HAN and Radio Systern Tests and xercise Procedures
HAN Internet Porkal and Use During Exercises ................................................................ H
AN Help Destc Procedures
HAN Troubleshooting ........................................................... ......,....................,...... I
HAN Upgrade --April 2005 ~ .
Phone problems with HAN Internet Portal
Document Library -Checked out items not showing up on Home page
April 12, 2007 ~ ,Health Alert Network (HAN) Rage 17 of 35
Iowa ®apartment ®f t~rablic Health
®ivision of Acute ®isease prevention Emergency Response
,.
~: <'x ~; ; .. ,~; or ; ovin .: ears n :the ~ . .:... ~ .
Adding users
An agency must execute a HAN MOU with IDPH to add users, These users will be added to the
system at the expense of the agency requesting the addition. Expenses consist of the license
cost, other software agreement expenses and annual license and maintenance fees. Users may
be added to the system on a quarterly basis (the first working day of March, June, September,
and December). More information about adding users can be found under "Announcements"
on the HAN.
To add a new user to the HAN, please follow these steps:
1. .Contact the HAN Officer at HANOfFcerCa~IowaHealthAlert.a~ or via phone at (515) 281-
0914 to request a HAN MOU and current price list for licensing and maintenance.
2. Complete and submit the "Licensing Users Request Form" to the HAN. Officer.. Submit
to:
Iowa Department of Public Health
Lucas State Office Building
321 East 12t" Street
Des Moines,.IA 50319
Attention: Center far .Disaster Operations and Response-- HAN Licensing
3. If a HAN MOU has not been executed with IDPH, one will be executed.
4..The HAN Officer will notify you by email that your request has been received and is
being processed. As needed, the MOU will be.updated to reflect the requested changes.
5. Billing for use of the HAN will be done in accordance with the HAN MOU.
en'®vin ears
To remove a user:from the HAN, follow these steps:
1. Remove all roles assigned to the user.
2. Change the work email of the user to `changemeQa iowahealthalert.org'.
3. Change the user's .password.
4. Move the user to the TRASH OU.
If an agency wishes to sun render Additions! User Licenses purchased, tl-iey need to contac'c the
HAN Officer at HANOfficerC~IowaHealthAlert org or via phone at (515) 281-0914. If the agency
wishes to add Additional User Licenses at a later date, the agency shall repay all costs
associated with adding Additional User Licenses.
April 12, 2007 Health Alert Network (HAN) Page 18 of 35
Iowa ®epartment of Pudic Health
division of Acute ®isease Prevention & Emergency Response
..~
pp~ndix a . ~~s~®t6rn - : :xntrnet rtai flse~s. :. . .
The first time a~~ user logs onto the HAN, they are taken to the "My Prafile" page in order to
change their password, review their profile information for accuracy, set their alerting security
code and complete necessary alerting profiles.. These steps will guide you through the process
of editing and configuring profile and alerting components for use of the HAN.
to ~. -Log onto the WAN
Open your browser and go . to https://www,iowahealthalert,orq. You must type the
`https'. A login prompt box will appear on your screen.
Enter your. username and password into the corresponding fields and click .the OK
button.
NOTE.' Usernames and passwords are CASE SENSITII/E. Please use care when
entering this information.
You will immediately' be taken to the "My Profile' page of the HAN and will be led
through three main areas to configure. See Step 2 through 4 below.
Step ~ ~ Revieuv and Edit Your Profile Tnforn~ation
In the Information section, review the current User Profile information for accuracy and
completeness,
Edit or add information in the appropriate~fields as necessary and click the~Save button.
n A Profile Change Confirmation screen will appear indicating that the profile information
was successfully updated. Click the OK button to return to the "My Profile" page
e An email will be sent ~to'your work email address listing the changes made to your User
Profile information.
NOTE: You will be prompted to review and update your profile every 30 days.thereafter if
you have not made any edits or additions within that time.
tep 3 -Set your Alerting Security Code
® Enter an Alerting Security Code-you would like to~use for phone alerts and verify it in the
corresponding fields. Your code must consist of four single digit numbers.
Click the Save button. You will :receive a~ confirmation that your Alerting Security Code
was created. Click the OK button.
to 4 -Create your Alerting Profiles
® Click the New button.
^ Type a name for the Alerting Profile you are creating in the Profile Name field.
® If this will be the profile that you want to be currently active, check the Activate box.
For each priority of alert, select the locations where you. would like your alerts to be sent
from the drop-down lists. Alerts will go to all locations selected simultaneously.
® When you. have set your locations for all priorities of alerts, click the Save button.
April 12, 2007 Health Alert Network (HAN) ~ Page 19 of 35
1®wa Department of Public Health
Division of Acute Disease Prevention ~ emergency Response
Step ~ Change Y®ur Passw®rd
• To make changes to your password, click on Change My. Password in the Actions
section.
• zn the appropriate fields, enter your current password, your new password, confirm. your
new password and click the Save button. .
• A Password Change Confirmation screen will appear indicating that the password was
successfully changed. Click the OK button to return to the "My Profile" page.
• You will be prompted to close all browser windows and log back. into the HAN using your
new password.
® An email will be sent to your work email address confirming that your password has
been changed. .
NOTE: Users may change their own passwords for security reasons, from an assigned
password to one of their own choosing. Please note that if you forget your password, a
HAN Officer must arrange to reset it for you so that you may login again and customize it.
Passwords are not~stored in the HAN.
pti®r~ 1 ~ T® eceive and Corti~rrvt an Alert via Entail
• When you receive an alert via.emai[, open and read it.
• Click the link that reads "Click to confirm receipt of this message."
• You will be prompted for your usernarne and password. Enter it.
• You will be taken to an alert receipt confirmation page notifying you that the alert was
confirmed as received.
NOTE: This function will NOT work for users with Novell GroupWise.
ption m 7°® Receive an C®nfirrrt an A9ert via `Teleph®ne
When you answer the telephone call, .you will be notified that you have an important
message and will be asked to press any key to continue.
® You will then be prompted to enter your Alerting Security Code. -
• When the alert has been .read over the phone, enter `1' to confirm receipt of the alert or
'2' to replay the alert,
• Hang up when the call is complete.
April 12, 2007 Health Alert Network (RAIN) Page 20 of 35
- Iowa Department of public Health .
®ivision of Acute Disease prevention ~c Emergency Response
ption 3 - To eceive an Alert viia aew
• .When you receive an alert via text pager, open and read it.
•. Text Pager alerts may only be confirmed using the HAN portal: See Option 5 below for
instructions on confirming an alert via the HAN portal.
®ption ~ - To Receive a Faxed Alert
• When you receive an alert via fax, read it.
• Fax alerts may- only be confirmed using the HAN .portal. See Option 5 below for
instructions on confirming an alert via the HAN portal.
ption 5 - To Confirm Receipt of an Alert via the HART portal
• Open .your browser and go to hops://www.iowahealthalert.ora. You must type the
'https'. A login prompt box will appear on your screen.
• Enter your username and password into the corresponding fields and click the OK
button.
. NOTE,• Usernames and passwords are CA5E SENS.ITIIIE. P/ease use care when
entering this information.
• On the Nome and Alerts pages, in the Active Alerts section, you will see a Fisting of all
active alerts. To view the details of a specific alert, click on the Alert Time far that
particular alert.
• You will be taken to a new page with the details of the alert you selected. Review the
details.
•. If you have not yet confirmed the alert, you will see a link to click that reads "Confirm
Receipt of Alert".
• Click the Confirm Receipt of Alert link. The link wilt then disappear and your
confirmation wi11 be complete.
NOTE:. Users can confirm receipt of all alert types via the HAN portal.
April 12, 2007 Health Alert Network (HAN) Page 21 of 35
I®wa ®epartment ®f Public Health .
®ivision ®f Acute ®isease Preventi®n Emergency Resp®nse
The User Directory provides contact information for all users of the HAN portal. This feature is
for official use only. Use of the information contained in the directory for .any purpose outside
of the intended scope may result in deactivation of the user from the HAN.
To view the User Directory, select Directory from the task bar on the HAN portal. Then select
the role you wish to view by clicking through the navigation tree located on the left side of the
page. The information can very easily be copied into a Microsoft Excel worksheet where the
data can be managed or stored.
April 22, 2007 Health Alert Network (HAN) Page 22 of 35
Iowa ®epartment ®f Public Health
®ivisi®n of Acute ®isease Prevention >;~ Emergency Resp®nse
. ~.ente ~ oi~ument ~Lilbra ...:. .:. . _ ~ .
Posting Documents
Posting documents on the HAN is very similar to saving documents on your own computer. Any
file type can be placed on the HAN (i.e.' :doc, .pdf, .jpg, .xls).
To past a new document on the HAN,~follow these steps:
1. Login to the HAN.
2. Select the Document Library link in the task bar located at the top of the page.
3. Select Documents.
4. Select fihe folder where you wish to place your document. Select sub-folders as
needed. Tf the appropriate folder is not listed, select Add Folder.
NOTE:.P{ease remember that over 1700 people have access to these fifes. Use good
judgment in where you post documents so it is easy to find and it fits into the scheme
already established.
5. Click on Add Document.
6. Click on Browse to locate the document on your computer,
7. Select Publish or Check=in. Descriptions are listed for both. We recommend that you
select Publish.
8. Name the document under the Title field and add the author's name under Author.
9. Add a brief description, if needed.
10. Select Categories if appropriate to help others find the document.
11. Add key words if needed. I<ey words are used only for documents that do not have
text or if you wish to add words to the search that are not listed in the document. For
example, if you post a photo, you may add key words to help those searching for the
photo since there is no searchable text within the photo.
iZ. Select Save.
Chectcin ocuments "In"and "Out'° of the Document Library
Example:...to find fiscal documents on the HAN...
1. Login to the HAN.
2. Select the Document Library link in the task bar located at the top of the page.
3. Select Documents.
4. Scroll down and click on the folder titled Fiscal.
5. Choose the folder titled CDC for local public health ar HRSA for hospitals.
6. Click on the folder which identifies your region.
7. Click on the folder which identifies your county or hospital.
7'o check out documents, follow these steps:
® Under the name of the document, click on "Show Actions".
® Click on "Check Out" which is located on the left side of the screen,
® Follow the instructions listed and click ok.
® The document is now on your computer and can be seen but not edited on the HAN.
April 12, 2007 Health Alert Network (HAN} Page 23 of 35
rows epartrnent of public Heatth .
Division of Acute ®isease Prevention t:mergency Response
ake any ehnes to the ®cutnent and ve the changes as if it were n y®ur
c®rnutra .
°T® check rn the revised d®curnent, f~11ow these steps:
1. Login to. the HAN.
Z, In the lower left corner of the home page, you wil( see a list of documents checked
out to you..
3. Click on "Check In" which is located under the name of the document.
4. Make sure there is a check mark in the box which states "Copy the document from
. my computer to the workspace".
5. Click on browse to find the document on your computer.
6. Click on the document name.
7. Click an "Open".
8. Click on "Continue". ~~
9. If necessary, type in the title of the document and name of the author.
I0, Click on "Save".
April 12, 2007 Health Alerti Network (HAN) Page 24 of 35
Towa Department of Public Health
Division of Acute Disease Prevention & emergency Response
. .~ n _ ~ ~ ~ ~ i ~n~. N~t~fica~ti®n : roceir~~~ .::.
IDPH !leers m Levels ®f Alerts and Appr®val
All alerts sent by IDPH HAN Staff require a completed HAN Approval Form. This form can be
located under "Announcements" on the HAN portal. The form also includes a required routing
slip.
There are five levels of alerts. teach alert level requires a different level of administrative
approval and each I'evel is designed for different.types of alerts,
Post Only: No approval is needed for posting information,
Email Only: No approval is needed for an email only alert. HAN Officer. will notify Duty
Officer when an email alert has been sent.
Low Level: No approval is needed for a low level alert. HAN Officer will notify Duty
Officer when a low level aleck has been sent.
Medium Level: Review and approval first by IDPH Duty Officer then by IDPH Director or
State or Deputy State Epidemiologist is required.
Hiah Level: Review and approval by the IDPH Director or a Duty Officer In the absence
of the Director. ~ .
NOTE: Users of the HAN are urged to select all communication devices for receipt of
high level alerts. If appropriate, the information will be broadcast to hospitals and local
public health agencies .over the 800 MHz radio system. All high level alerts sent to the
Hospital Emergency Department Role tivill also be sent to Emergency Departments via
fax.
®sting Alert Inf®rr~nati®n
Prior to sending the alert, the reference materials related to the alert wilt be posted under
"News" on the HAN portal.
® Only the HAN Officer can post information under "News".
~ The appropriate template sha11 be used by the HAN Officer to post the information. The
subject line shall include the date (mm/dd/;~yyy format) and the title of the News item.
If additional descriptors are needed, they may be entered in the description field.
April 12, 2007 Health Alert Network (HAN) Page 25 of 35
Iovda ®epartment of public Health
®ivision of Acute ®isease prevention emergency Response
Alert nif®ri
All alerts shall have a subject field describing the level of the alert and a brief description (i.e.
HIGH LEVEL HAN ALERT -Measles Outbreak iri Eastern Iowa),
® The text of the alert shall contain the alert level, a brief description, and where the
recipient can Fnd additional information.
® The alert must not exceed 2000 characters. .
® The text of the message should contain no punctuation marks except for hyphens,
periods and commas.
® The sender of the alert should check the "Enable Signature" box so recipients are
advised of who they can contact with questions or technical difficulties. .
® The sender of the alert defines the duration that the alert remains on the portal, With
:Few exceptions, .the duration should be one full working day.
® All alerts should be sent to the "ALL HAN ALERTS" role which ~ includes the IDPH
Director, IDPH Duty Officers, HSEMD Duty Officers, and the Governor's Office unless
directed otherwise by the IDPH Duty Officer or IDPH Director.
eternal Users Alerting .
External users may send alerts if a MOU is on file with IDPH (see Attachment i for list of MOUs
on file with IDPH). Users with an MOU may alert those persons within their own agency. Upon
showing good cause and with the written permission of recipients' agency,-alerting capabilities
may be~granted to alert outside the agency.
updates / Advis®ries /Alerts
The HAN Officer sha{I notify the IDPH Duty Officer of all CDC Updates, Advisories, and Alerts to
determine the appropriateness of dissemination. All information posted on the HAN system
shall be posted on the form for that purpose which states "The Iowa Department of Public
Health has received the follovring information from the CDC. The department is reviewing the
advisory/alert. If appropriate, a release of Iowa. specific information, instructions, or action
recommendations will be released as soon as possible,"
April 12, 2007 Health Alert Network (HAN) Page 26 of 35
Iowa Department of Public FOealth
Division of Acute Disease Prevention ~ Emergency Response
. ertix W .;I~aint~a~.ce .fld ~Znperabf[ii roceurs ~ ~ .
In the event that the HAN is inoperable for a period of thirty (30) minutes or longer, on-call
NAN Officer shall notify the following:
1. IDPH Information Management
2. IDPH ADPER Division Director
® HAN Officer will consult.with ADPER Division
following should be notified:
1. IDPH Duty Officer
2. IDPH Directory
3. IDALS Duty Officer
4. HSEMD Duty Officer
.5. Governor's Office
Director to determine which of the
The HAN Helpdesk is available Z4/7 for assistance. The phone number is (515) 281-0914 or
emails can be sent to HANOfficer@IowaHealthAlert.org. The phone number is far routine
assistance during normal working hours and should be used for emergencies only after hours.
April 12, 2007 Health Alert Network (HAN) Page 27 of 35
I®wa epartenerrt of ublio fiealtil
®ivision of Acute ®isease Prevention Emergency Response
~ :.~ ~ ~ ~ • ':ni o:_:; os.ital. ~ :rt~~r. envy : ®rri: ta. . ale ~:rr~~~ures ~ .
There are times hospital emergency department staff will need to be notified of a health alert
that is not relevant for other staff . The purpose of this procedure is to ensure in-house
hospital stafF can receive information anytime, so please think carefully about haw this will be
accomplished. For example, in smaller hospitals, it may be appropriate to .include almost all
nursing staff. In larger hospitals, it .may be all of the ER charge nurses. It is our desire that
you share the user name and password for this license with those who are selected.
The user name is the name of the city in which your hospital is located (i.e. Vinton). If there is
more than one hospital in your city, .the user name is the city and hospital name (i.e.
IowaCityUIHC, CedarRapidsStLukes, DesMoinesVA, etc.).
It is cr/tics/that you inter this inforrnatior-. olow are step®by®~tep instr~otti®n~:
1. Login to the HAN.
2. Select °My Profile" and "Change My User profile".
3. ® NAT CWAN TWE "iFIR~'T RiAf~1E" AN®"LA~°T hdA~9~" EIEi_!!
4. Enter the "work email". This is a general email address to someone in house 24/7 (i:e.
supervisor or ER staff, but could also be a dispatcher,or switchboard operator). This
person should be able to notify appropriate personnel that an alert has been received,
5. Enter the "work phone". This should be a phone number answered 24/7.
6. Enter the "work fax". This number should be for the fax that can be accessed 24/7. If
other HAN users have the same fax number listed in their profile, they should remove it.
It is important far the 24/7 fax number to be associated with this license.
7. Enter the "Alpha Pager Email", This is the email address of the pager issued to your
hospital through the HRSA funds. Contact the HAN OfFcer if you do not know the email
address for this pager.
8. ~ Enter the "cell phone" number if one is carried 24/7 by in-house hospital staff.
9. C{ick on "Change my Alerting Security Code" or "Set my Alerting Security Code" (either
one may appear on the upper left of your monitor) and enter afour-digit number that is
easily remembered by staff to receive any telephone alerts.
10. Click on "Change My Alerting Profile".
11. Click on °New".
12. In the "Profile Name" field, enter. ER and check the box near "Activate"
13. Under "High Priority Alerts", select "work Emai!", °Work Phone'; "Cell Phone" and "Alpha
Pager"
14. Under "Medium Priority Alerts', select "work email" and "work phone".
15. Under "Low Priority Alerts" select "work email" and work phone"..
16. Click on "Change My Password" and enter a new password that you will share with
appropriate staff. .
17. Click on "OK"
/ease n®te that airy time a h/gh /eye/ a/rt /~ gent f® the ,~ Staff` /e, ,fax w/// al®
.~er~t t® the 24 h®crr fax ~turrrber,
April 12, 2007 Health Alert Network (HAN) Page 28 of 35
Iowa Department of public tieaith
Division of Acute Disease Prevention & Emergency Response
.: ~ ~ endix ®:HAN Int~ne~ P~ortai ~r~ Use.:'...` Turin ~-:Exercises . ~. ~-
HAN Internet P®rta! `bests
Tests of the HAN Internet. Portal are done twice per year for compliance with the Centers for
Disease Control and Prevention (CDC) Public Health Emergency Preparedness Grant and the
Health Resources Services Administration (HRSA) National Biaterrorism Hospital Program Grant
requirements. Those tests shalt be unannounced and detailed records shall be kept regarding
confirmation by users.
Exercises
The use of the HAN portal and radios is always encouraged during exercises and drills. it is
suggested that the planning of the exercise include the use of these communication tools.
Contact the HAN Officer at (515) 281-0914 or HANOfficerC~IowaHealthAlert.ora to assist in this
endeavor. .
April 12, 2007 ~ Health Alert Network (HAN) Page 29 of 35
Iowa epartment of (Public i-fealth 4
®ivision of Acute ®isease Prevention & Emergency Response
.. :. . ; : = ~r~d. Vic: ~: i4 . 'T~rou~bleso:twn ` _ .. ~ .. ~~ ... ~-
AN 5ysten~ Upgrade April 5,
A system-wide upgrade to the HAN vvas performed in April 2006. If you have not logged on
since then, your user name is the first letter of your first name and full last name (i.e. MJones).
Your new password is <changeme>. If the user profile you see after logging on is not you,
please email NANOfficer@IowaHealthAlert.ora and we will assign a different user name.
Y®u ~A'lll~7'se up yotar user pr®~ile by selecting "11~1y Pr®file" fr®rn the teal[ bar. 'Then
d® the f®liowrir~g:~
1. Select the "Change My Profile" option to verify your contact information.
2. Select the "Change My Alerting Security Code" option to set your phone alert pin code.
This is the four digit number you enter when receiving alerts by phone.
3. Select the "Change My Alerting Profiles" option and create a new alerting profile to
ensure you will be notified.
4, Select the "Change My Password" option and immediately change your password.
You will notice the Categories section has been streamlined and redesigned to assist you
in getting rapid information on things such as.diseases and incident command.
The Document Library has also been restructured to help you find items more quickly. It's
our hope that the folders are easily identified and that there is a consistent way of filing
documents. Feel free to look around. Using the search function is.still the best way to
find documents.
If y®u have already chan ed ~®ur passes®rd and n n®t access the FiAN, this n,ay
hel
® If you are accessing via a link sent before you changed your password, it will not work.
® Do you use Novell GroupWise? If so, GroupWise is not compatible with the HAN system
and you. will. not be able to confirm receipt of alerts through the fink in your email.
® If accessing via a link in your favorites, locate the link in your favorites and. right click on
it. Left click on properties and you will likely find that /btrs or /vabtrs has been added to
the URL. Simply delete that part of the URL and save mss://www.iowahealthalert ore.
That will take care of the problem.
® If you are typing in the url, make sure you type hops://www.iowahealthalert or~c .
® Another problem that we sometimes see is that users have their email address listed in
a couple different user profiles (i.e. the FD nurse manager is listed in the ER Manager
role and the hospital ER role). When this happens, the system is looking for the user
name and .password for the user to whom the alert was sent.
April 12, 2007 Health Alert Network (HAN) Page 30 of 3S
' Lowa Department of Public Mealth
Division of Acute Disease Prevention & emergency Response
°The following are all possible reasons why a user cannot confirrn an alert via the
email link:
® User using wrong username ofi password.
® User may be using an un-supported browser. (Common far Mac users, Netscape and
fire Fox are not fully supported browsers. IE is the standard}
® User may be using/ or accessing mail through a group account. User may actually be
trying to answer an email that was directed for another user.
® It is suspected that some Spam filters can alter headers, possibly truncating them.
® Some older email applications break or truncate the sink. Most likely suspectswould be
Lotus, Domino and older versions of GroupWise.
® User's browser may be too old. IE4 of IE 5 may, not be fully~functional.
These could cause system wide problems:
® Structured Query Language (SQL) Server could be down. This would cause a total
failure.
Component Object Module (COM) + abject on the portal server could be down, or the
service account under which it is running could be disabled or had its password reset,
® No Domain Controller could be found, Domain Name Service (DN5) or the Domain
. Controller (DC) may not be working correctly.
~!e also recommend...
Delete temporary internet files to avoid confusion between the two systems. To do this, elicit
the "Tools" option on your Internet Explorer task bar. Select "Internet Options". You will see
"Temporary Internet files". In that area, click on "Delete Files". In the pop-up screen, click on
"OK". Please email HANOfficer IowaHeaithAlert.orq or call 515-281-0914 if these steps da not
work.
hone Problems with FiAN Intern®t Po 1
If you have difFiculty using telephones to receive HAN messages. The mast common causes of
the problems are as follows:
1. The most common problem is that the user is listening to voice mail and not
to the HAN. A computerized message says "This is the Iowa Health Alert Network with
an important message, please press "1" to continue". This message is left on your voice
mail oranswering machine to notify you that an alert has been sent. Pressing "1" will
not access the HAN, rather it will do the function programmed into your voice mail or
answering machine.
2. The phony (partlouflarfly cell phonon) must transmit a ®1°I~JF tone. If the
message from the HAN is received and pushing the "i" does nothing, consult your
phone user manual to make certain your phone is programmed for DTMF tones, If that
does not resolve the problem, please inform us of your phone make/model and service
provider so we can possibly resolve the problem on our end.
3. You must hold down the key for more than a split®second. ~f you press the key
momentarily, it may not accept the tone emitted from your phone.
4. Your security code n,ay have b n changed, To change your security code, click
on "My Profile", then click on "Change My Alert Security Code" to change your four digit
alert security code.
April 12, 2007 Health Alert Network (HAN) Page 31 of 35
oour~ent Library _ CheciCed out itea~ts not snowing up on your noirne page?
Try this:
® Delete your temporary internet files (Tools~Internet Options/Temporary Internet E'iles)
.. ® Make sure to check the box to delete aff-line content.
® Click on "Settings" when in internet options under temporary internet files and make
sure "Every visit to a page" is checked.
® Restart your computer
®~ Let us know if this does not work!
April 12, 2007 Health Alert Network (HAN) ~ Page 32 of 35
Zowa Department of Pui~iic Healti~
Division of Acute Disease Prevention Emergency Response
/Gb.. ~° dew w.HwawaFH~ N ~ °w~~
J a
4X ~r,~G
A~tr~cir~~~nt
Memorandum of Understandings (MOU) on file ..............:................:........................:..... 34
A chmenlt 2
Core User Listing .........................................................................................................35
Aprii 12, 2007 Health Alert Network (NAN) Page 33 of 35
T®wa ®eparfrner-f of Publio M~ealth
~ivisi®n of Acute ®isease pr~ventior~ ~tt~ergency Resp®nse
~ Ott .: ant ~ :ra~rt~• - tJn:~~: r~ .n . rn' ; ..~~ ° -ai ~~
y.
April 12, 2007 Health Alert Network (HAN) Page 34 of 35
Iota ®epartrt~enY of Public Healfih
ir~ision of Acute disease PretrenYion ~tnerget~cy Resp®nse
-. . ~ _ ~ a ~.. t ~ ~:: ~: ter.: User :~istn ~ . ~ ~:..:.: ~ .
Core users are those users who hold a license for the HAN which was purchased by the IDPH
using the CDC Public Health Emergency Preparedness Grant or the HRSA National Bioterrorism
Hospital Preparedness Program Grant. These licenses will be maintained as part of the core
licenses as long as sufficient federal funding is available,
Core User:
71~ CST (3 Collaborator.) .
Community Health Centers (9 Collaborator)
Haz-Mat Teams (18 Collaborator)
Hospitals (1-Alert -Emergency department) ~ ~ .
Hospitals (5 Collaborator -Administration, ER Manager, laboratory, infection control)
Iowa Board of Regents
Iowa Department of Agriculture
Iowa Department of Corrections
Iowa Department of Human Services .
Iowa Department of Inspections and Appeals
Iowa Department of Natural Resources _
Iowa Department of Public Safety
Iowa Department of Transportation
Iowa Governor's Office
Iowa Homeland Security Emergency Management
Iowa Hospital Association (2 Collaborator)
Iowa Poison Center (3 Collaborator)
Local Public Health (5 Collaborator -Administration, nursing, epidemiology, environmental
health)
Regions (5 Collaborator -planners x2, education, fiscal agents x2)
Safeguard Iowa Partnership (SIP) (20 Collaborator)
Sentinel Laboratories
UI Center for PH Preparedness (2 Collaborator)
University Hygienic Laboratory (15 Collaborator}
April 12, 2007 Health Alert Network (HAN) Page 35 of 35