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Iowa Department of Public Health Childhood Lead Poisoining Prevention ProgramTHE CITY OF Dubuque DUB E 1 f Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health DATE: November 9, 2009 Public Health Specialist Mary Rose Corrigan recommends City Council approval of a subcontract with the Dubuque County Board of Health and an agreement with the Dubuque Visiting Nurse Association for additional follow-up of lead poisoned children through contracted nursing services provided by the Dubuque Visiting Nurse Association, training for employees, and monies to do outreach and education in targeted neighborhoods. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Va en MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mary Rose Corrigan, RN, Public Health Specialist THE CTTY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, ~ Manager FROM: Mary Rose Corrigan, ,Public Health Specialist Dubuque ~~ 2007 November 9, 2009 SUBJECT: Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health INTRODUCTION This memorandum provides information regarding a contract with the Dubuque County Board of Health and the Iowa Department of Public Health (IDPH) for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the VNA for services related to the CLPPP. BACKGROUND In February 1994, the City Council approved a grant agreement authorizing the Health and Housing Services Departments to contract with the Iowa Department of Public Health for environmental follow-up and medical case management for children with lead poisoning according to the .Iowa Department of Public Health guidelines. The original funding contract has been renewed annually. The latest contract ended June 30, 2009. DISCUSSION The Iowa Department of Public Health contracts with local Boards of Health for distribution of their funds. This allows local Boards of Health to monitor public health funding, avoid duplication of services and assure community health needs are addressed (see attached contract.) The subcontracted funds will allow the Health and Housing Services Departments to provide additional follow-up of lead poisoned children through contracted nursing services provided by the Dubuque Visiting Nurse Association, training for employees, and monies to do outreach and education in targeted neighborhoods. The contract also includes program performance standards, which we currently strive to achieve through our existing protocols and outreach programs. The grant funds will be reimbursed based on the specific activities outlined in the budget. BUDGET IMPACT The FY 10 budget anticipated funding of $16,802. The contract is for $15,802. RECOMMENDATION It is recommended that the City Manager sign the attached contract with the Iowa Department of Public Health and the agreement with the Dubuque Visiting Nurse Association on behalf of the City of Dubuque. M RC/cj cc: David Harris, Housing Services Manager Robert Boge, Senior Housing Inspector Nan Colin, VNA, Administrative Director •IDPH Iowa Department of Public Health Promoting and Protecting the Health of Iowans Thomas Newton, MPP, REHS Director CONTRACT #: 5880L17 PROJECT TITLE: Childhood Lead Poisoning Prevention Program FUNDING SOURCE OF IDPH: FEDERAL: $0 - 0.00% STATE: $15,802 - 100.00% OTHER: Chester J. Culver Governor Patty Judge Lt. Governor PROJECT PERIOD: July 1, 2009 to June 30, 2010 CONTRACT PERIOD: July 1 2009 to June 30 2010 CONTRACT AMOUNT: $15,802 FEDERAL TAX ID#: 426004597 CONTRACTOR: Dubuque County Board of Health FEDERAL CATALOG #: None CONTRACT ADMINISTRATOR MATCH REQUIRED: YES^ NO® NA~ NAME: Michael Van Milligan IOWA CODE CHAPTER 8F DESIGNATION: AGENCY: City of Dubuque ^ This contract is covered by Iowa Code Chapter 8F. City Hall Annex ®I'his contract is NOT covered by Iowa Code Chapter 8F. 1300 Main Street ^ At the time of execution, this contract is NOT covered by Dubuque IA 52001 Iowa Code Chapter 8F, but if the Contractor executes additional contracts with the Department, the aggregate of PHONE: 563-589-4181 FAX: 563-589-4299 which exceed $500,000, the contract may be covered. E-MAIL: health@cityofdubuque.org The CONTRACTOR agrees to perform the work and to provide the services described in the Special conditions for the consideration stated herein. The duties, rights, and obligations of the parties to this contract shall be governed by the Contract Documents, which include the Special Conditions, General Conditions, Request for Proposal, and Application. The CONTRACTOR has reviewed and agrees to the General Conditions effective February 1, 2007, as posted on the Department's web site under Grants, Bids, and Proposals: www.idph.state.ia.us or as available by contacting Rita Gergely at 515/242-6340. The contractor specifies no changes have been made to the Special Conditions or General Conditions. The parties hereto have executed this contract on the day and year last specified below. For and on behalf of For and on behalf of For and on behalf of the Department the, Contractor the Designated Agency By: ~s'1~'~it~L ~A~~~~~~ By: Ken Sharp, Director Pearl Sherman Michael Van Milligan, City Manager Division of Environmental Health Board of Health Chair City of Dubuque Date• Date• ~~ °~9'd ~ Date: Lucas State Office Building, 321 E. 12th Street, Des Moines, IA 50319-0075 ^ 515-281-7689 ^ www.idoh.state.ia.us DEAF RELAY (Hearing or Speech Impaired) 711 or 1-800-735-2942 SPECIAL CONDITIONS FOR CONTRACT #5880L17 ARTICLE I -IDENTIFICATION OF PARTIES Dubuque County Board of Health (CONTRACTOR) has demonstrated through application to the DEPARTMENT that it is prepared to provide the activities and authority outlined per Iowa Administrative Code (IAC) 641 Chapter 72. The CONTRACTOR has designated CITY OF DUBUQUE HEALTH SERVICES DEPARTMENT (hereinafter referred to as the DESIGNATED AGENCY), to carry out the activities as required in IAC 641-72.2(3) and described in this contract. The address of the DESIGNATED AGENCY is: City Hall Annex 1300 Main Street Dubuque, IA 52001 ARTICLE II -IDENTIFICATION OF AUTHORIZED STATE OFFICIAL: Ken Sharp, Director, Division of Environmental Health, is the Authorized State Official for this contract. Any changes in the terms, conditions, or amounts specified in this contract must be approved by the Authorized State Official. Negotiations concerning this contract should be referred to Rita Gergely, Chief, Bureau of Lead Poisoning Prevention, 515/242-6340 ARTICLE III -DESIGNATION OF AUTHORITY, CONTRACT ADMINISTRATOR, AND KEY PERSONNEL The CONTRACTOR, as listed on the contract face sheet, is responsible for financial and administrative matters of this contract. The CONTRACTOR has designated the Contract Administrator listed on the contract face sheet the authority to manage the contract, to assure compliance with all conditions, and to negotiate matters concerning this project. The Contract Administrator will receive key communications from the DEPARTMENT and will be responsible for keeping the CONTRACTOR and all authorized agencies informed. In addition to the CONTRACTOR and the Contract Administrator, additional individuals(s) as listed below shall be considered key personnel and may sign claims. Table A: Name Title Michael Van Milli an Ci Mana er M Rose Corri an RN Pro am Administrator Ken TeKi a Finance Mana er Chris Johnson Data En Clerk Michelle Zurcher RN (Finley Tri- States Health Grou VNS Nurse Mary Rose Comgan, Tim Link, Richard Miller, Bob Boge, Kevin Hirsch, Richard Zeller Certified Elevated Blood Lead (EBL) Inspector/Risk Assessor ARTICLE IV -STATEMENT OF CONTRACT PURPOSE The purpose of this contract is to provide funds for the CONTRACTOR to ensure that childhood lead poisoning prevention activities are conducted as specified in this contract and in compliance IAC 641- Chapter 72. ARTICLE V -DEFINITIONS "Blood lead testing" means taking a capillary or venous sample of blood and sending it to a laboratory to determine the level of lead in the blood. "Capillary" means a blood sample taken from the finger or heel for lead analysis. "Care coordination" means the process of linking the service system to the recipient and/or family, and coordination of the various elements in order to achieve a successful outcome. "CDC" means the Centers for Disease Control and Prevention. "Certified elevated blood lead (EBL) inspection agency" means an agency that has met the requirements of 641-70.5(135) and that has been certified by the departrnent. "Cert~ed elevated blood lead (EBL) inspector/risk assessor" means a person who has met the requirements of 641-70.5(135) for certification or interim certification and who has been certified by the department. "Chelation"means the administration of medication that binds lead so that it can be removed from the body. "Child health contractor" means an agency that has a contract with the Iowa Department of Public Health for the Title V Child Health program. "Childhood Lead Poisoning Prevention Program (CLPPP) service area" means the geographic area for which the CLPPP has agreed to provide CLPPP services. "CLPPP "means childhood lead poisoning prevention program. "Complete medical evaluation" means a history, physical examination, and testing for iron status as described in Chapter 7 of Preventing Lead Poisoning in Young Children, CDC, Octoher 1991. "Data management" means all actions taken by the CONTRACTOR to manage blood lead data and case management data. This includes, but is not limited to, entering blood lead test results for all individuals under the age of 16 years in the CLPPP service area who receive blood lead testing from the CLPPP or any other provider in the STELLAR database, documenting all case management actions such as contact with the family or provider, EBL inspection, lead hazard remediation, home nursing or outreach visits, nutrition evaluations, and developmental assessments in the STELLAR database, and providing all STELLAR reports required by this contract. "Developmental testing" means testing done by the local Early Access Program or Area Education Agency to determine whether a child is developmentally delayed. "Education and outreach" means seeking out and providing information regarding childhood lead poisoning to members of populations who are at high risk for lead poisoning and those who work for agencies that provide service to these high-risk populations; members of the general public, including homeowners, landlords, Realtors, and members of community organizations, and health professionals and para- professionals, including physicians, nurses, and laboratory technicians. "Elevated blood lead (EBL) child "means any child who has had one venous blood lead level greater than or equal to 20 micrograms per deciliter (µg/dL) or at least two venous blood lead levels of 15 to 19 µg/dL. "Elevated blood lead (EBL) inspection " means an inspection to determine the sources of lead exposure for an elevated blood lead (EBL) child and the provision within ten working days of a written report explaining the results of the investigation to the owner and occupant of the residential dwelling or child-occupied facility being inspected and to the parents of the elevated blood lead (EBL) child. "Elevated blood lead (EBL) inspection agency" means an agency that employs or contracts with individuals who perform elevated blood lead (EBL) inspections. Elevated blood lead (EBL) inspection agencies may also employ or contract with individuals who perform other lead-based paint activities. "Environmental case management" means providing elevated blood lead (EBL) inspections in all dwellings associated with an EBL child and assuring that lead hazards identified at these dwellings. "Follow-up blood lead testing" means blood lead testing that is conducted after a child has had at least one capillary or venous blood lead level greater than or equal to 10 µg/dL. "Home nursing or outreach visit" means a home visit conducted by a nurse or social worker to provide information to the caregiver of alead-poisoned child regarding the health effects of lead poisoning, the importance of good housekeeping and nutrition, and the importance of follow-up blood lead testing and to assess the overall situation of the child and family to determine whether the child and/or family should be referred for additional services. "Laboratory" means a laboratory certified to perform either waived or non-waived blood lead analysis according to the federal Clinical Laboratory Improvement Act of 1988 (CLIA). "Lead-based paint hazard" means hazardous lead-based paint, adult-lead hazard, or a soil-lead hazard as defined in 641-Chapter 70. "Lead hazard remediation"means the control of lead hazards identified in the EBL inspection through interim controls, renovation and remodeling, or lead abatement. "Local board of health " means a county, district, or city board of health. "Local coalition" means a group convened by the CONTRACTOR to address the issue of childhood lead poisoning in the CLPPP service area. The local coalition should be composed of physicians, nurses, housing officials, parents, contractors, and representatives of neighborhoods where homes are being renovated. "Medical case management" means all services necessary to evaluate the health and development of a child with a blood lead level greater than or equal to 10 µg/dL and to treat any conditions identified in the evaluation. Medical case management includes, but it not limited to, follow-up blood lead testing, medical evaluation, home nursing or outreach visits, chelation, nutrition evaluation, developmental assessment, and care coordination. "Nutrition evaluation" means an evaluation conducted by a dietician to determine whether a child is receiving awell-balanced and age-appropriate diet, with particular attention to the child intake of Vitamin C, iron, and calcium. "Quarterly narrative report" means a report of the contractor's childhood lead poisoning prevention activities for the quarter that is developed according to guidelines provided by the department and is provided to the department by the deadlines given in Article VII. "Referral "means to direct the family of alead-poisoned to a service for the family or the child and to follow-up to assure that the family actually received the service. "STELLAR" means the Systematic Tracking of Elevated Lead Levels and Remediation database, which is provided by CDC at no charge. "STELLAR Lab Batch "means the procedure in STELLAR that processes blood lead tests and sets dates for follow-up blood lead tests, opens medical cases, and opens environmental cases. "STELLAR quarterly report" means the procedure in STELLAR that compiles the contractor's activities for the quarter into a data file that is submitted to the department electronically by the deadlines given in Article VII. "Venous" means a blood sample taken from a vein in the arm for lead analysis. ARTICLE VI -DESCRIPTION OF WORK AND SERVICES The CONTRACTOR shall ensure that childhood lead poisoning prevention services are conducted as specified in this contract. CLPPP SERVICE AREA The CLPPP service area is Dubuque County. REQUIRED SERVICES The CONTRACTOR shall ensure that the DESIGNATED AGENCY implements all of the required services as described below within the CLPPP service area. The required services are blood lead testing, data management, environmental case management, medical case management, education and outreach, and the local coalition. The CONTRACTOR shall ensure that the DESIGNATED AGENCY develops written protocols to describe how each of these services will be provided. Templates provided by the DEPARTMENT may be used to develop these protocols. BLOOD LEAD TESTING The CONTRACTOR shall ensure that the DESIGNATED AGENCY: • Implements the State of Iowa Plan for Childhood Blood Lead Testing (January 2004) within the CLPPP service area. • Conducts blood lead testing or ensures that medical providers conduct blood lead testing according to this plan. • Provides a written notice of the results of blood lead testing to the caregivers of all children tested by the DESIGNATED AGENCY. The written notice shall include information regarding the meaning of the blood lead test result and the date when the child should be tested again. • Provides a written notice of the results of blood lead testing to the caregivers of all children in the CLPPP service area who have blood lead levels greater than or equal to 10 µg/dL, regardless of who did the testing. The written notice shall include information regarding the meaning of the blood lead test result, actions that the parents can take to reduce the child's blood lead level, and the date when the child should be tested again. DATA MANAGEMENT The CONTRACTOR shall ensure that the DESIGNATED AGENCY: • Conducts data management as specified in this contract. • Notifies the department within 10 working days of assigning STELLAR data entry duties to a new staff person and ensures that new data entry staff has received appropriate training or works with the department to assure that new data entry staff receives appropriate training. • Installs STELLAR on a computer network consisting of at least two computers that are linked to the same server. The CONTRACTOR shall ensure that the DESIGNATED AGENCY allows the DEPARTMENT and other agencies providing medical and environmental case management of lead- poisoned children in the CLPPP service area to access the main STELLAR database via the software, PC Anywhere, or another software package approved in advance by the DEPARTMENT. This software shall be installed on a computer that is continuously available for the DEPARTMENT and other agencies for access. The CONTRACTOR or DESIGNATED AGENCY may request that the DEPARTMENT waive the requirement that STELLAR be installed on a network and that a computer be continuously available for the DEPARTMENT and other agencies to access. The CONTRACTOR shall ensure that the DESIGNATED AGENCY makes this request in writing. The DEPARTMENT will approve or deny these requests on a case-by-case basis. • Enters the results of blood lead testing for all individuals under the age of 16 years in the CLPPP service area who receive blood lead testing from the CLPPP or any other provider in the STELLAR database. • Documents all case management actions taken by the DESIGNATED AGENCY such as contact with the family or provider, EBL inspection, lead hazard remediation, home nursing or outreach visits, nutrition evaluations, and developmental assessments in the STELLAR database and shall ensure that all CLPPP subcontractors also document all case management actions that they take in STELLAR. • Enters blood lead test results and case management actions into STELLAR on at least a weekly basis. • Runs STELLAR Lab Batch at least every two weeks and forwards case information to other agencies providing medical and environmental case management in the CLPPP service area at least every two weeks. • Provides all STELLAR reports by the deadlines given in this contract. The DEPARTMENT will periodically review the DESIGNATED AGENCY STELLAR database for errors and notify the DESIGNATED AGENCY of errors that must be corrected. • Correct the errors by the date specified in the notification and shall implement quality control measures to prevent data entry errors. FILING SYSTEM AND RETENTION OF RECORDS The DESIGNATED AGENCY shall file paper copies of all blood lead test results entered into STELLAR alphabetically by the name of the child and shall retain b them until one (1) year after the child attains the age of majority. The DESIGNATED AGENCY will transfer paper copies of all blood lead test results to the DEPARTMENT if the subcontract or contract is terminated. The DESIGNATED AGENCY may request that the DEPARTMENT waive the requirement that the DESIGNATED AGENCY file all blood lead test results alphabetically by the name of the child. The CONTRACTOR shall ensure that the DESIGNATED AGENCY makes this request in writing. The DEPARTMENT will approve or deny these requests on a case-by-case basis. ENVIRONMENTAL CASE MANAGEMENT The CONTRACTOR shall ensure that the DESIGNATED AGENCY: • Maintains certification of individual inspectors as elevated blood lead (EBL) inspector/risk assessors and agency certification as an elevated blood lead level (EBL) inspection agency. The CONTRACTOR or DESIGNATED AGENCY and the certified individuals shall comply with the provisions of Iowa Administrative Code 641-70.6(3). • Enrolls as a Medicaid provider for EBL inspection services, recovers reimbursement from Medicaid for EBL inspections, uses the reimbursement as program income. • Conducts elevated blood lead (EBL) inspections for any child under the age of six years who has had one venous blood lead level greater than or equal to 20 µg/dL or at least two venous blood lead levels of 15 to 19 µg/dL. EBL inspections shall be conducted for all addresses associated with the child and for all addresses that the child moves to after the case is initially reported until the child has had one blood lead level less than 10 µg/dL or three blood lead levels less than 15 µg/dL. EBL inspections shall be conducted within the following times: - Two venous blood lead levels of 15 to 19 µg/dL -within 4 weeks after the report. - Venous blood lead level of 20 to 44 µg/dL -within 2 weeks after the report - Venous blood lead level of 45 to 69 µg/dL -within 1 week after the report - Venous blood lead level greater than or equal to 70 µg/dL -within 2 days after the report. • Documents in STELLAR the reason why the DESIGNATED AGENCY was unable to complete any inspection required by this contract. • Contacts the occupants and/or owners of dwellings where lead hazards have been identified within 30 days of the initial inspection to check their progress towards making the dwelling lead-safe. • Contacts the current owners of all dwellings where lead hazards were identified, but lead hazard remediation has not been completed, at least once every six months until lead hazard remediation is completed. • Continues follow up on all of these dwellings until lead hazard remediation is completed, regardless of whether the dwellings are owner-occupied or rental and regardless of changes in ownership. • Does not close an address associated with alead-poisoned child where lead hazards have been identified unless the lead hazard remediation has been completed unless permission is obtained in advance from the DEPARTMENT. • To the extent possible, assists families who have lead poisoned children in locating resources for lead hazard remediation and/or alternative housing. • Conducts clearance testing according to Iowa Administrative Code Chapter 641-70, Lead Professional Certification, before verifying that lead hazard remediation has been completed in a home associated with alead-poisoned child. To be eligible for continued funding beginning July 1, 2008, each county in the service area must have adopted a local board of health regulation or a local board of supervisors ordinance that is at least as protective as Iowa Administrative Code Chapter 641-68, Control of Lead-Based Paint Hazards. MEDICAL CASE MANAGEMENT The CONTRACTOR shall ensure that the DESIGNATED AGENCY: • Conducts medical case management as specified in this contract. • Is enrolled as a Medicaid provider for services that can be reimbursed by Medicaid, recovers reimbursement from Medicaid for medical case management services, and uses the reimbursement as program income. Follow-up blood lead testine The CONTRACTOR shall ensure that the DESIGNATED AGENCY: • Assures that providers in the CLPPP service that conduct blood lead testing provide follow-up blood lead testing for children under the age of six years within the timelines listed below. The DESIGNATED AGENCY may also provide this follow-up blood lead testing. Confirmatory venous blood lead testing - Capillary blood lead level of 1 S to 19 µg/dL -within 4 weeks after the report. - Capillary blood lead level of 20 to 44 µg/dL -within 1 week after the report - Capillary blood lead level of 45 to 69 µg/dL -within 48 hours after the report - Capillary blood lead level greater than or equal to 70 µg/dL -immediately. Follow-up testing after an elevated blood lead level for a child who has not been chelated - Capillary or venous blood lead level of 10 to 14 µg/dL -within 3 months. After two levels less than 10 µg/dL or three levels less than 15 µg/dL, testing should follow the routine testing schedule for high-risk children. - Venous blood lead level of 15 to 19 µg/dL -within 3 months. - Venous blood lead level of 20 to 44 µg/dL -within 4 to 6 weeks. - Venous blood lead level greater than or equal to 45 µg/dL -immediately 1~ ollow-up testing for a child who has been chelated - At the end of chelation. - Depending on the blood lead level, 7 to 21 days after the end of chelation. The results of this test will determine the need for additional chelation and the schedule for additional blood lead testing. Medical evaluations The CONTRACTOR shall ensure that the DESIGNATED AGENCY: • Assures that providers in the CLPPP conduct medical evaluations for children under the age of six years within the following timelines: - Venous blood lead level of 20 to 44 µg/dL -Refer within 48 hours after the report so that the service is received within 5 days. - Venous blood lead level of 45 to 69 µg/dL -Refer within 24 hours after the report so that the service is received within 48 hours. - Venous blood lead level greater than or equal to 70 µg/dL -Refer for emergency medical evaluation. home nursing or outreach visits The CONTRACTOR shall ensure that the DESIGNATED AGENCY provides home nursing or outreach visits for children under the age of six years according to the following timelines: - Venous blood lead level of 15 to 19 µg/dL -within 4 weeks after the report. - Venous blood lead level of 20 to 44 µg/dL -within 2 weeks after the report - Venous blood lead level of 45 to 69 µg/dL -,within 1 week after the report - Venous blood lead level greater than or equal to 70 µg/dL -within 2 days after the report. Chelation The CONTRACTOR shall ensure that the DESIGNATED AGENCY • Assures that children with two venous blood lead levels greater than or equal to 45 µg/dL receive Chelation. Nutrition evaluation The CONTRACTOR shall ensure that the DESIGNATED AGENCY: • Assures that children under the age of six years with a venous blood lead level greater than or equal to 15 µg/dL receive a nutrition evaluation according to the following timelines: - Venous blood lead level of 15 to 19 µg/dL -Refer within 4 weeks after the report so that the service is received within 6 weeks. - Venous blood lead level of 20 to 44 µg/dL -Refer within 2 weeks after the report so that the service is received within 4 weeks. - Venous blood lead level of 45 to 69 µg/dL -Refer within 1 week after the report so that the service is received within 2 weeks. - Venous blood lead level greater than or equal to 70 µg/dL -Refer within 2 days after the report so that the service is received with 1 week. • Contacts the DEPARTMENT for assistance if access to a dietitian cannot be assured for children under the age of six years with a venous blood lead level greater than or equal to 15 µg/dL. Developmental assessment The CONTRACTOR shall ensure that the DESIGNATED AGENCY: Assures that children under the age of six years with a venous blood lead level greater than or equal to 20 µg/dL receive a developmental assessment according to the following timelines: - Venous blood lead level of 20 to 44 µg/dL -Refer within 2 weeks after the report. - Venous blood lead level of 45 to 69 µg/dL -Refer within 1 week after the report - Venous blood lead level greater than or equal to 70 µg/dL -Refer within 2 days after the report. Care coordination The CONTRACTOR shall ensure that the DESIGNATED AGENCY provides care coordination or refers the family to the local child health contractor for this service. Medical Case Closure Guidelines Medical cases shall be closed only in the following circumstances: 1. A child has had two consecutive blood lead levels less than 10 µg/dL or three consecutive blood lead levels less than 15 µg/dL after the initial elevated blood lead level. 2. A child has had a capillary false positive blood lead level; that is, a capillary or venous blood lead level less than 10 µg/dL immediately after a single capillary blood lead level greater than or equal to 15 µg/dL. A child has reached the age of six years and has a blood lead level less than 20 µg/dL. 4. A child has moved out of the CLPPP service area. The CONTRACTOR shall ensure that the DESIGNATED AGENCY immediately notifies the appropriate local CLPPP agency in the area to which the child has moved and provides copies of all environmental and medical case management records to the appropriate local CLPPP agency. CHILDREN OVER THE AGE OF SIX YEARS The CONTRACTOR shall ensure that the DESIGNATED AGENCY contacts the department for specific case management guidelines for a child over the age of six years who has a venous blood lead level greater than or equal to 20 µg/dL. - EDUCATION AND OUTREACH The CONTRACTOR shall ensure that the DESIGNATED AGENCY provides education and outreach regarding childhood poisoning in the CLPPP service area. LOCAL COALITION The CONTRACTOR shall ensure that the DESIGNATED AGENCY establishes a local coalition for the CLPPP service area. The coalition may be a subgroup/work group of a larger umbrella coalition. However, participation in an umbrella coaition does not meet this requirement unless a specific subgroup has been formed to deal with lead poisoning prevention in the community. The coalition shall include citizens who are not part of agency (Health, Housing, Human Services, etc.) staff that participate in the CLPPP. The CONTRACTOR shall ensure that the DESIGNATED AGENCY devotes at least 8 hours of staff time to the establishment and maintenance of the coalition. ARTICLE VI -REPORTS The CONTRACTOR shall ensure that the DESIGNATED AGENCY prepares and submits the following reports to the DEPARTMENT on forms and/or in the format approved by the DEPARTMENT: R_ sport Claim Voucher Expenditure Report Quarterly Narrative Report Number Date Due 1 original Within 45 days of month of expenditure 1 original Within 45 days of month of expenditure 1 Electronic 10-26-2009 1-25-2010 4-26-2010 7-26-2010 STELLAR Quarterly Report 1 Electronic 10-26-2009 1-25-2010 4-26-2010 7-26-2010 Original claim vouchers and expenditure reports shall be mailed to: Rita Gergely, Chief Bureau of Lead Poisoning Prevention Division of Environmental Health Iowa Department of Public Health 321 East 12~' Street Lucas State Office Building Des Moines, IA 50319-0075 An electronic copy of the expenditure report shall be emailed to: Rita Gergely: rgergelY@,idph.state.ia.us Quarterly STELLAR and narrative reports shall be emailed to: Pilar Logsdon: plo sg don(a,idph.state.ia.us ARTICLE VII-- BUDGET The total approved budget for this contract period is detailed in Exhibit 1. Services will be reimbursed at a flat fee as specified on Exhibit 1 up to the amount of the contract. The CONTRACTOR or DESIGNATED AGENCY may change the number of any deliverable that the DEPARTMENT will reimburse under this contract only after filing a written request for the revision and receiving written approval for this change. The CONTRACTOR or DESIGNATED AGENCY shall receive written approval from the DEPARTMENT prior to spending the final three (3) percent of the appropriated state funds awarded. ARTICLE VI -PAYMENTS 1. Warrants will be made payable to the CONTRACTOR and mailed to the Contract Administrator at the DESIGNATED AGENCY address. Warrants may be sent to an alternate address if requested in writing from the CONTRACTOR. 2. Payments shall be made to the CONTRACTOR based on the expenditure reports and claim vouchers submitted to the DEPARTMENT by the DESIGNATED AGENCY. 3. Final payment may be withheld until all contractually required reports have been received and accepted by the DEPARTMENT. At the end of the contract period, unobligated contract amount funds shall revert to the DEPARTMENT. ARTICLE X -ADDITIONAL CONDITIONS 1. Funds may not be spent for indirect costs, chelation or other medical treatment of lead poisoning, or lead hazard remediation. Funds may not be spent for blood lead analysis unless this service is listed as a link item on the expenditure report. 2. On January 1, 2010, April 1, 2010, and June 1, 2010, the DEPARTMENT may amend the contract to revert funds that aze estimated to be unused to the DEPARTMENT and to reallocate the funds to contractors with demonstrated special needs for childhood lead poisoning prevention services. 3. Payments may be withheld if the DESIGNATED AGENCY or personnel employed by the DESIGNATED AGENCY are not in compliance with Iowa Administrative Code Chapter 641-70, Lead Professional Certification. 4. The CONTRACTOR and/or DESIGNATED AGENCY must check Internet a-mail at least once each week for lead poisoning prevention updates sent out by the DEPARTMENT. 5. XRF analyzers that were originally purchased, in part or in whole, with Iowa Department of Public Health grant funds, are to be shared with other elevated blood lead (EBL) inspector/risk assessors that have a contract with the Childhood Lead Poisoning Prevention program. This sharing is to be at no cost other than their travel to pick up and deliver the machine. Programs are strongly encouraged to also share the XRF analyzers with government and private, non-profit housing agencies that employ appropriately certified inspector/risk assessors. Any fees received for sharing the machine with government and private, non-profit housing agencies are considered program income that shall be returned to the lead program and used to enhance lead program efforts. 6. The CONTRACTOR shall comply with Section 5 of the General Conditions for all subcontracts. 7. As a condition of the contract, the CONTRACTOR shall ensure that the DESIGNATED AGENCY provides linkage with the local board of health in each county where services are provided. The DESIGNATED AGENCY will ensure that the local board of health has been actively engaged in planning for and evaluation of services. It will also maintain effective linkages with the local board of health, including timely and effective communications and ongoing collaboration. 8. All work plan revisions must be approved by the DEPARTMENT prior to implementation. 1 1. Authorization -Each signatory to this contract or subsequent contract amendments represents and warrants to the other parties that: a. The signatory has the right, power, and authoriTy to enter into this agreement and to bind the party represented by the signatory to this agreement b. The party has the right, power, and authority to perform its obligations under the agreement; and c. The party 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. CONTRACTOR Dubuque County Boatd of Health Reimbursable Children Tested for Lead Poisoning (under 6 years) -pay from 1351 Child CONIC or ACTIO event Non-Medicaid Home Nursing Visits Referrals for Nutrition Counseling Referrals for Developmental Testing Non-Medicaid Initial Inspection Events I EBL Investigation CONIC Events Completed Lead Hazard Remediations -pay from 1351 EBL Investigation INSAB, INSAI, INSAE Events EBL Investigation Properties Passing Clearance Testing -pay from 1351 I Coalition Meeting Houts Education and Outreach Hours (pay from 1351) Running Lab Batch STELLAR Quarterly Report Submitted on Time Narrative Quarterly Report Submitted on Time XRF Source Replacement Blood Lead Sample Collection (pay from 1351) Blood Lead Analysis I Initial EBL Inspector Certification EBL Inspector Refresher TOTAL IDPH NOTE: Pay from 1351. EXHIBIT 1 -EXPENDITURE REPORT FOR THE MONTH OF CONTRACT #5880L17 CONTRACT PERIOD: July 1 2009 to June 30 2010 Budgeted Budgeted Rate Budgeted Number Reimbursement Number Reimbursement to Balance Number (A) Total (B) Completed for for Month Completed Date (D) (B - D) Month fC) (A x C) to Date 2,850 $1 $2,850 S S $ 403 I $10 I $4,030 I I $ I ~ $ $ 1 6 I $80 f $480 I I S I I S $ 16 I$10 I$60 I I$ I I$ S 13 I$10 I$30 I IS I IS $ I S I $600 I $3,000 I I$ I I S $ 112 I $10 I $120 I I S I I S $ ~z ~slo I$2o ~ ~$ I I$ $ I3 I$80 I$240 I IS I IS $ 1 $300 $300 S S $ 18.000 I $50 I $400.00 I I S I 1 S $ 68.64 I S50 1 $3,432.00 I I S I I$ $ 124 I S10 I $240 I I S I I S $ 1 4 I $75 I $300 I I S I I S $ 1 4 I S75 I $300 I I S I I S $ 1 0 I $2,000 I $0 I I S I I S $ IO IS3 I$0 I I $ I IS $ IO ISll I$0 I ~ $ I IS $ 0 153,000 I $0 I I S I I S $ t o I $l,soo I $o I I$ I I$ $ I NA I NA 1515,802 I NA I I NA I DOCUMENTATION OF PROGRAM INCOME I I Amount for Month Amount to Date I Program Income Earned I $ $ Program Income Received I $ $ I F.~h.~... Income Expended I $ $ I certify that no funds have been spent on chelation or other medical treatment of lead poisoning, lead hazard remediation, or blood lead analysis. SIGNATURE: DATE: SUBCONTRACT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE VISITING NURSE ASSOCIATION FOR THE CHILDHOOD LEAD POISONING PREVENTION PROGRAM This Subcontract between the City of Dubuque, Iowa and The Visiting Nurse Association is dated for reference purposes the day of , 20_. Whereas, Dubuque County, Iowa (Contractor) has entered into Contract 5880L17 with the Iowa Department of Public Health for Public Health (the Department) for the Childhood Lead Poisoning Prevention Program (the Contract), a copy of which is attached hereto, pursuant to which Contractor will provide the work and services described in the Contract in accordance with the Special Conditions therein, and the General Conditions, a copy of which is attached hereto; and Whereas, the City of Dubuque, Iowa (City) is the Contract Administrator of the Contract; and Whereas, it is necessary for City to subcontract for certain work and services; and Whereas, City now desires to enter into this Subcontract with the Visiting Nurse Association (VNA) to provide the work and services described herein upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CITY AND VNA AS FOLLOWS: SECTION 1. WORK AND SERVICES. City and VNA agree to provide the following work and services (the Work and Services): 1.1. City's Responsibilities. City agrees that it will provide the following services for the CLPPP: (1) Submit reports/vouchers and other reporting requirements as required by the Iowa Department of Public Health (IDPH) and the Centers for Disease Control and Prevention. (CDC). (2) Provide for environmental investigations and environmental case management for lead abatement\lead hazard reduction in housing units in the city of Dubuque, Iowa, and Dubuque County. (3) Provide compensation to the VNA during the term of this Agreement not to exceed $9,000.00 for the performances of VNA's responsibilities as set forth herein. (4) Oversee and direct medical case management and educational activities through verbal and written direction. 1.2. VNA's Responsibilities. VNA agrees to provide the following services for CLPPP during the term of this Agreement for the agreed compensation: (1) Provide written quarterly reports on lead-related activities utilizing the Iowa Quarterly Report Narrative Outline. (2) Provide computer documentation of medical case management and related activities into City's lead database system, STELLAR. (3) Blood Lead Testing. (a) VNA shall assure that the State of Iowa Plan for Childhood Blood Lead Testing (January 2004) is implemented within the CLPPP service area; that medical providers conduct blood lead testing according to this plan; and may also conduct blood lead testing. (b) Shall provide a notification of the results of blood lead testing to the caregivers of all children in the CLPPP service area who have blood lead levels greater than or equal to 10 Ng/d L, regardless of whether the VNA did the testing. The written notice shall include information regarding the meaning of the blood lead test result, actions that the parents can take to reduce the child's blood lead level, and the date when the child should be tested again. (4) Medical Case Management: (a) Be enrolled as a Medicaid provider for services that can be reimbursed by Medicaid and shall recover reimbursement from Medicaid for medical case management services and use the reimbursement as program income. (b) Follow-up blood lead testing: Assure that providers in Dubuque County that conduct blood lead testing provide follow-up blood lead testing for children under the age of six years within the timelines listed below. 1. Confirmatory venous blood lead testing. ^ Capillary blood lead level of 15 -19 pg/dL -within 4 weeks after report ^ Capillary blood lead level of 20-44 Ng/dL -within 1 week after report ^ Capillary blood lead level of 45 - 69 Ng/dL -within 48 hours after the report ^ Capillary blood lead level greater than or equal to 70 Ng/dL - immediately 2. Follow-up testing after an elevated blood lead level for a child who has not been chelated. 2 ^ Capillary or venous blood lead level of 10 - 14 Ng/dL -within 3 months. After two levels less than 10 Ng/dL or three levels less than 15 Ng/dL, testing should follow the routine testing schedule for high-risk children ^ Venous blood lead level of 15 - 19 Ng/dL -within 3 months ^ Venous blood lead level of 20 - 44 Ng/dL -within 4 to 6 weeks ^ Venous blood lead level greater than or equal to 45 Ng/dL - immediately. 3. Follow-up testing for a child who has been chelated. ^ At the end of chelation ^ Depending on the blood lead level, 7 - 21 days after the end of chelation. The results of this test will determine the need for additional chelation and the schedule for additional blood lead testing. (5) Medical evaluations: (a) Shall assure that providers in Dubuque County provide/conduct medical evaluations for children under the age of six years within the following timelines: 1. Venous blood lead level of 20 - 44 pg/dL -referwithin 48 hours after the report so that the service is received within 5 days. 2. Venous blood lead level of 45 - 69 Ng/dL -referwithin 24 hours after the report so that the service is received within 48 hours 3. Venous blood lead level greater than or equal to 70 Ng/dL -refer for emergency medical evaluation (6) Home nursing or outreach visits: (a) Provide home nursing or outreach visits for children underthe age of six years according to the following timelines: 1. Venous blood lead level of 15 - 19 Ng/dL -within 4 weeks after the report. 2. Venous blood lead level of 20 - 44 Ng/dL -within 2 weeks after the report. 3. Venous blood lead level of 45 - 69 Ng/dL -within 1 week after the report. 4. Venous blood lead level greater than or equal to 70 Ng/dL -within 2 days after the report (7) chelation: (a) Assure that children with two venous blood lead levels greater than or equal to 45 Ng/dL receive chelation. 3 (8) Nutrition evaluation: (a) Assure that children under the age of six years with a venous blood lead level greater than or equal to 15 pg/dL receive a nutrition evaluation according to the following timelines: 1. Venous blood lead level of 15 -19 pg/dL - referwithin 4 weeks afterthe report so that the service is received within 6 weeks 2. Venous blood lead level of 20 - 44 Ng/dL -refer within 2 weeks after the report so that the service is received within 4 weeks 3. Venous blood lead level of 45 - 69 Ng/dL -refer within 1 week after the report so that the service is received within 2 weeks 4. Venous blood lead level greater than or equal to 70 Ng/dL -refer within 2 days after the report so that the service is received with 1 week. (b) Shall contact the IDPH for assistance if access to a dietician cannot be assured for children under the age of six years with a venous blood lead level greater than or equal to 15 Ng/d L. (9) Developmental Assessment: (a) Shall assure that children under the age of six years with a venous blood lead level greater than or equal to 20 Ng/dL receive a developmental assessment according to the following timelines: 1. Venous blood lead level of 20 - 44 Ng/dL -refer within 2 weeks afterthe report 2. Venous blood lead level of 45 - 69 Ng/dL -refer within 1 week after the report 3. Venous blood lead level greater than or equal to 70 Ng/dL -refer within 2 days after the report. (10) Care coordination. Shall provide care coordination. (11) Assist City with providing public education, lead coalition development and activities, and outreach to the City of Dubuque residents about childhood lead poisoning. (12) Provide information about lead poisoning and available services to local pediatric health care providers. (13) Participate with City in securing additional funding for childhood lead poisoning prevention activities. 4 (14) Provide monthly work activity reports and invoices to the City Health Services Department outlining services performed, by the 7th day of the month following the previous month. (15) Assist the City with linkage to the Dubuque County Board of Health for CLPPP planning and evaluation activities. SECTION 2. CONTRACT POLICIES AND REQUIREMENTS. In providing the Work and Services, VNA agrees to comply with the requirements in the Contract, including the Special Conditions, and the General Conditions, to the extent applicable to the Work and Services described in Section 1. SECTION 3. ACCESS TO BOOKS AND RECORDS. VNA to provide access, upon reasonable notice, for the purpose of audit and examination, to its documents, papers, and records, to the extent such documents, papers, and records are related to the Work and Services, to the Department, Contractor, City, or any of their duly authorized representatives. SECTION 4. AMOUNT OF SUBCONTRACT. The amount of the Subcontract is as follows: SECTION 5. COSTS TO BE REIMBURSED. Attached hereto is a line item budget of specific costs to be reimbursed under this Subcontract or other cost basis for determining the amount of the Subcontract. SECTION 6. INCORPORATION OF THE CONTRACT. VNA agrees that all of the provisions of the Contract, including audit requirements, are incorporated herein by this reference and VNA shall have all of the same requirements, obligations and conditions as Contractor with respect to VNA's Work and Services. SECTION 7. PERIOD OF PERFORMANCE. Unless terminated as provided herein, the Period of Performance for the Work and Services shall be from the the 1 st day of July 2009, through the 30th day of June, 2010. SECTION 8. TERMINATION. City may terminate this Subcontract for any reason, with or without notice, upon ten (10) days written notice to VNA. In the event of termination, City shall compensate VNA for its Work and Services rendered through the date of termination. SECTION 9. INDEMNIFICATION. VNA agrees to defend, indemnify, and hold Department, City and Contractor, and their officers, and employees from and against any and all claims of any kind arising out of or related to VNA's negligence in the performance of the Work and Services pursuant to this Subcontract. SECTION 10. INSURANCE. VNA shall at its expense maintain insurance with the same coverage which Contractor is required to maintain under Par. 13 of the General Conditions. 5 CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen City Manager VISITING NURSE ASSOCIATION By: F:IUSERS\tsteckle\LindahlWgreements\VNALeadSubcontract 102309.doc Nan Colin Administrative Director 6 Iowa D~:partmer~t of Pufz'fitet N+~afth ` I[lPH r~romtrdn~ ens rr®tectn~ ehe Health of Imvarts Thanas Newton, lulPP, REFiS Chester J. Culver Patty Judge 6irector Goaremor tx Geavenmr CONTRACT #: 58801.1? PROJECT TITLE: Cbaldbood I,4ad POoisonmg Ptm:entiom Pmgrmm FI.1NDIitiG SOURCE OF IDPH: FEDERAL: 50 - O.QOY. STATE; 515,802 -100.OOSi OTHE[t: FEDERAL CATALOG #: None 14~.iTCH REQUIRED. YBS(] ZIO® NA^ IO't~liA CODE CHAPTER SF DESIGNATION= ~ This cmtiact is caused by Iowa Code ChapiQ llF. his caniract is NOT coveted by Iowa Cede Chapte 8F, Q At the time of emeeotiao, t$as ecattiact is NOT cati~ed by Iowa Cade !~!fet 8F, but if the Cmtractor eaon;tes additional contcads with the Dot} the a~egate of which eaaxed 5500,000, the cmltract may be cow•eieed. PROJECT PERIOD: ~ 1, 2009 ~ ~ 30, 2010 CONTRACT PERIOD: 12009 to Jme 302410 CONTRACT AL~iOUNT: S1S,802 FEDFR ai • TAY Tile 42600459? CONTRACTOR Ihnbugne Conoiy Bond of Heal#h CONTRACT ADh{II~TIBTR~ITOR ~114IE,: Micbael Van AGEh~CSi : City of Dubuque City Hall. Anarz 1300 IMlain Street Dubucpe IA 52001 PHO>tiE: 563-S~S9-4181 FA~L:563-584-4Z9} E-14ScLII.: healtb~cityo83nbogne-:xg The CONTRACTOR agrees bo petfiam the wad:. a®d to psou-ide the services descnnbed in the Special eoodihiams Sur the ~deratian stated besets The domes, rigbts., and obligatiams aI'ihe patties bo tbis eanlsa~rt shall be goLYmed by the Contract ijiacumetds, which iachide the Special Gamdibo®s, +C,eoetal Condihoas, Regoest for Proposal., amt Applicatim The CONTRACTOR has reviewed amt agrees to the Ceneal Caodi#ioas e$ective February 1,2007, as posted m the Departtoent's web site ceder G'rmrts. Bids, ~ Pr~pasaLr_ wvrar'.~+1+ ~ ~ ffi tir as avnlable by caodactug Rita Gagely at 51512442-6340_ The contractor specifies m have been made to the Special Camdilioms a {se:ueral Conditioas. The patties berebo bane esemfed this cao~act cn ibe day and yea last spetafied below. For and oa l+eialE of For and as beialE' of For and oa beialf of dde Departmat tie Caataastar~ ibe Designated Ageuary gm Shop, Daafiar Peal Sietmaa Micbael Van I~Silligm, City Division of HeaHh Board ofHealBt Chair City ofDobuque Date: Date: Dam: Lucas State f?Ifice 9x~ilding, 321E 72th Street. fles Mc'r~es, lA 5D3/9-0075 ^ 515-~$t-76dB w www.edoh.state.ia.us t)EAF RRAY (Hearing or Speech unpaired) 711 or t~Ot1-7'35-2542 7 SPECIAL CUNDITIONS E~DR C0~ITRACT #5~80LI7 ARTICLE I - IDEl~'TIF'ICATIdN flF PARTIES Ihxb~e Ilaard of Ilealdt cCCC7afi1TRAlW raR~ ~ demonstrated ~ ~~ ~ the DEPARTI4ffi'~'T that it is to provide die astir ifi~s ~d iuthariiy a~mt~ ps IawYr Adm~sbsQtivs c~ trAC~ b41 ~~_ Tf~e OI~NTRA~I'OR has CITY of nrlsv~uE HEALTH SERjTGES DEP3RTb~NT (henemafter relieared to a4 die DESIGNATED AGENCY}, to cauy cmt the activities as rased m IAC 541 72.2{3) and descnbal in this cont<ac~t. The address of die DESIGNATID AGENCY is: City Hill Area 1300 h+Iaia Street D~gne, IA 52001 ARTICLE II - IDE]VTI~'ICATION QF AIITHURIZED STATE UFFICIAL: Ken Sharp, Director, I?ivisioa of Envl Health, is the Audd State {3fficial for this ccm~t. Any changes isi die tenors, conditions, or amo~ts specified iu $us oaastsact nwst be apps by the. Authorised State t3~cial. Negotiations cos~eerning this oonfsact should be refereed to Rita Gergely, I3~au of Lead Paisaming Ps+eves~tioa, 5151242-5340 ARTICLE ffi - DESII,:NATION flF A[TTHQRITY , CUlYTRACT AI?MINISTR.~iTUR, AND HEY PERSOPEL The CXlN'1ItAG1'OR, as listed on the ccm~act fi<oe sheet, is sebk far fiuaucial and administsadi,~e matte=s of this vo~act_ Thee tXINTRACTOR has cksigaated the Cas~act Adsaioistsator lister oa the contract face sheet die axrtl-afity to manage ~ cow to assaa~e coasplianoe with all canditisaos, assd to negotiate matters concess~g this project_ The Gomtsad Ads~shato~r ws7l seceiwe key comaamications firm the DEPARTMENT and will be respcrosble far keepis-g the CONTRAGTC)R and all. axsthorized agencies infis~ed. In additiaaz to the CQNTRACTt]R a~ the Camtract Administrator, additiasial indi+~itluals(s} as listed below shall 6e ronsideereed key pasomnel and may ilgn claist~s. Table A. Name Tithe Michael Van Ci Rose Corsi RN Pro Adnoinistratar Kea T Finance Chris Johnson Data Cl~ Michelle Z~ucher RN ~F'inleg Tsi- Nurse States Health VNS} Mary Rase Corrigan Tim Li~c, Certified Elevated Blood Lead (E>IL) inspectar~~ Assessor Richard 2viilkr, Bah Gage, Kevia Richard Zeller .A-RTIC'LE I~r' - STATEMEI"~1T OF CONTRACT PURPOSE The paIIp~ose of this cast is tv provide funds fcu the CO~I~iTRACTOR ib ensiue that childhood lead P P~ activvitirs an cam~scted as ~ecifaed in this contract and in ca~mQliaxrx IAC 641- Chapter 72. ARTICLE ~' -DEFINITIONS Bto~od leovd tasting" means tag a c~pilluX ~ vea~o~ts sample of blavd amad sending it M a la6~atasy ba dune the level of lead in. the blood "CaPillc~y" means a blood sample taken from ~e finger ar herl far brad analysis. "Gars u~ardinatiaaa" n~as the process Qf tmi~g the service system to the recipient and~or ~, and coordinatiom of the various elemeats in order to achieve a srtieeessfirl outcome. "CT7C" means the Genus for Disease Control and Preveotion_ "Certi~rad' sls-~tard Woad lead (E8L} irtspscfion Ql~y "means an agency that has met the requirements of 641-70.5(133 sad t3~at lam b~em certified by tl~e depattmeat "Certified eis-rrtad Wood lead (EBI,I irsspscMr~risl<asssssor" m~ a person whn has met the requiren~ts of 641-70.5(13 for ceetification ar iateom cxrtificatioa and who has been certified by the department. "C9~tat~vn"means the adaanushai~ of medicatiam that binds head so that it can be removed from the body. "G7er7d hscrltlr camrbr~for"means an agenry that has a e~antEact wig the Iowa of Public Health &a; the Title V Child Health pragrmm "CArildl~oadL~dPouoeringPrrfwsrriioer Progrnite (GZPPPJ s~ics Ursa"means the geographic errs for which the CiPFP has agreed to provide CI.PPP services. "CIPPP"means cln7dheod lead poisoning preventiasr program "G'oung[sfs ~ersd6cal swrlaeatir~r "' nzeam a hishny, physical earnation, and testing far iraa status as desczrbed irr Chapter 7 of Prswsrrtir~g I,eurid Poisonn~g ~ Yarmg C9rilab~rr, CDC, October 1991. "Darr anarrageArarrt" areaffi all actions takes by the CONTRACTOR to aamage blood lead data and case data. This includes, hart is not liarited to, entering blood lead fast results for all individuals der the age of 16 years in the Cl_PPP service area who receix blood lead testing from the CLP'P'P m arty other provide in the '~r'Fr ~ aR database,. doc~ting all case managemerrt actions srnch as co~sct with the ~y or pro~rnder, EBL iinspeclion, lead. hanard remediaticm, home easing ar outreach visits, mrtri~tion evalnatiams, and ~i assessments in the STF.LT -AR database, and pmoviding all STEL.I.A.R rewired by this conhact. ' Dswslopina~t " awns testing do®e by the incal F.ariy Access Program or Rena Educatiam Agency bo determine whether a child is ~3' dehry~al 10 evalaatic~, ho®e musing or rn~each visits, chelatiam, m~itian euahutiao, devrelop~l assessment, :nd cue coordination. "2lartritio~x evabraiion "means an evahsatiron cc~ucted by a to detezmine whether a child is receiving a wsll~alaneed and dirt: with partirnlar atte~ tia the child intake Qf STitamir- ~, nYxi, and. calcnmi • Q~rrm~fe~tj, ~u~rn~tiv~s r~t,• means a ~a~t of the cam~actnr's childbood lead P" P~^~'~ activities for the quarter that is developed accorrfmg to ,giuddmGS provided by the depermoe.~ and is pmvicled ~ the dew by ~ deadlines givrn is Artide VII. I" nyemg to diced the family of a ]earl-paiso®ed to a seTVire f~ the faaDly ar the child and too follow-up to ass~ue that the famrly aduany received flee service. "CTF3.T~t R "means 8xe Systematic Traclovag of IIevated I.tad Le~ls and Remediatiom database, which is provided b}r CDC at m charge. ST~7 r e R Lab B¢Ach "' nn~ the proc~ae in ~ -i ~~ tl~t processes blood Lend tee aid sets dates £or fflllor+wup bio4d Land trstr, epees mescal rases, ar`d opens envirammattal cases. "' r !?~ gyarterly r~sporf"means the procxdmt in STELZ.AR that caaupiles the conizactar's activities far the quarter rata a data 1r'le that is sub~tbed to the depu~t electronically b}' 1}ac deadlines given in Article VII. "E~'exotts" mew a blood sample taken from a vein in the arm for Lid analysis. ARTICLE ~Z - DESCRIPTIQN OF WORK ANI? SERVICES The Cf 1b1'FRACT~DR shall ensure that childhood kad poisommg prevention are camd~ted as specif>ed in this cooitract. CT.PPF R~TCF R~' a The CLP'PP service area. ig D Co~mty. lxEav>~ED ~~-lt~Es The CONTRAt:'liOR shah enssae ]hat the DESIGNATF.Q AGENCY implements all of the required services as desrnbed betoar within the CLPPP service area. The requaed services are blood lead testing data n~nagemeo, metal cast annagaement, medical case management, education and an>~each, and the local coalition. T'he GONTRACT4R shall ensm+e that the DESIGNATEQ AGENCY dervdaps wtitigen protocols to describe how each of thest services win be provided. Templates provided by the DEPARTMENT maybe used ~ develop ~ese pra4ocols. BLOOD LEAD TFSTTNG T7ree CONTRACTOR span ensue that the DESIGIQATED AGENCY. • Implements the S'iais oflrn-~a Ptan far Chilriihaad B1aod~Lead Testing (Iamrary 2t104) within the APP sew area. • Camdnets blood Lead testing ar ensaues ffiat naddical providers comdnct blood lean testing acxording ~ this plate 11 DATA MAATAGE~-3EN? Ilbe QOiNTRAG'PUR shall eus~ue tl~ the DESIGNATID AGENCY: • data as specified. in his oo~ttract. 12 FI1f.i15Tf: ~4 . "I'F14i FTENTTON OF F' d The DESIGIQATID AC,'~FCY dull file paper aapies of all blood lrsd test results ~mered into STELLAR alphabetially by the name of the chr7d and shaII ratan b them ~h1 orre {1) year afim the child attains the age oaf majority- The DESIGNATED AGCY wrli hansfer 1 of aIl ifioo~d lei test results 6o the DEt?ARTMENT if the seboo~act or ccomdbract us terminated. The DFSIGPIATEU AGENCY may request that the DEPARTMENT waive the requirenrmt that the DESIGNATED AGEL~TCY fik all blood lead test results alphabeticaliy ~ the name of the child The CONTRACTOR shall ensure that the lESIGNATED AGENCY mattes thus request is writing. The DEPARTMENT will appaove as deny these requests on a -b]p-case bas~s- The C70NTRAC'POR shall mslae that the DESIGNATED AGENCY: Maintains crrtificaticm of iodividnal inspectors as elevated blood lead IEBL) inspect~rislr assessaQs ~d aged ceztifi~ as an ele~ratdi blood lid le~nel {EBL~ mspactioa agency- Tlie C~(7NTRACTOR or DESIGNATID AGENCY and the certified individuals shaIl aa®ply with the provisions of Iowa Ad~nis~ative {;ode b41 70.G(3)_ Enrolls as a Medicaid provider for EBL i~pectiam services, recoti$s ~ fiom Medicaid tar EBL msons, uses the reimbmsearent as program income. • Conducts elevated blood lead (EBL~ mspechons fort auy child under the age of ~ years who has had cme venous blood lead leti~ greater thin oa egosi to 2Q µgldL or at least two amour blood kaarl k-uels of l S to 19 µg/dL. EEL i~pectians shall be oa®clrcted fat all addresses assa~ciated with the gild and fan all addresses flat the cln-W mrrves to ai>Der the ease is inir}ally reported until the ch>Zd has had orre blood lead lei less than 10 µg/dL as three blood lead levels less than 15 µg/dL EBL msprttians shall be corrdncted within the fallcraving times: li Two ti~aMrs blood hid levels of 15 tD 19 µg/dL -within 4 weeps after the r~epaQt_ 9 Vesunrs t-kaod lead level of 20 M 44 µgldL - wi~iri 2 wedcs after the report A Venous blood lead level of d5 to 69 µg1dL -within 1 week a8er ~ report la venans bkrod lead level greater than or equal. to ?0 grdi. - within 2 nays abet the report Doc®effis in STII.i a R titic re~sou vihy the DESIC~IATED AGEI'+ICY was uoabk to cnmoFiete any inspecticxi requ~d. by this oorrhact. Cow the accr>pants anddor oarnrss of daveIlings where lead bads have been identified. within 3U days of the initial inspection to check fbea progress towuds soaking the dwel}mglead-safe. Camtacts the c~eat owners of aIl dwellings where lead hazazrls were identified, tort lead hazard reaa~atian has not been completed, at kart a~ every s~ months until lead hazard rernediatian i$ ~- Cantiaues fallow up ou all. of these davellirtgs until lid hazard r~emediati~oa is ca~leted, regardless of whether the one ow~aet-occupied ar neotal and regress of changes in aarnershup- • Dam not clue ffi address associattdwith alard-poisoned child where lead harards have bem ideffiified Mess the kid hazard remediation has been c~ampileted unless per~ssiam i$ abtiined in advance from the DEPAR.TMEN'T_ To the ascent possible, assists fi~lies who have lead-pioisoaed chuldt~en is locating resources fi~ lead hazard remediatioa sasidor alternative housing. 13 c~cts ~ according to Ira +~ Cade Chapter ~~-~n, Lead Coma, bef~xe verifying that lean ta~zard ~ediatian Las hero completed in a Larose dated vrbh a child Ta be eligible for camtiaved fimdmg beg~mnmg 3olji i, 244$,. each eamtY in the seTVioe area nmost Lane adopted a Lacai bond of hearth ~ or a local board of supe~vtso~s ordinance that is at least as pmn6xlive as Iowa.ld~iuisay+rrtivs Cods Chapter 641~B, Control of Lead-Based Paint Hazards. 1-iEDIt:.AI., CASE 14iAlYAGEl~ff1VT The CONTRACTOR stall eosaue ~ tLe F3ESI+Ufi7ATED AGENCY: • Cam medical case management ~ speciSed dx- tLis con>zact. • Is emnlled as a I+dedicaid provides for sesvicxs tLat can be reincased by Medicaid, r~rnveis ~ Medicaid tar medical case manag~em®t , and uses the ~ as paaogram mxame. Fa~ase-aa hla~ad Lead testiae The CONTRACTOR stroll ensuae that the DESICrNATF~ AGENCY: • Assures that pnavidecs in tLe CI.PPP service that cc~mdnct tdood lead tenting provide follaa~ np blood lead testing fsu cluldmm madam the age of sin years wi@in the timelm~ listed below. The DESIGNATID AGE[~iCY may aL~ provide this fallow-ap blood lead eestin~ C vmau~s bl~ lead. ~-n_~ D GapiDary blood level. of i 5 to 14 µgldL - wi~in 4 weeks after the report 1~ Capillary >?load lead ievet of 20 to 44 µgldL - aritbin 1 week otter the mpcut ~ CapiDary t~Lood lead level of 45 to b9 µg~'dL - wilLin A8 Laeas after the mart ~ Capillary t~lood lead Level. greater tLan ar equil to 70 µg1dI. - immediatety_ A CapiDaay yr venous bbod 1~ Level of 14 to 14 µg/dL - within ~ mcm~s. After two levels less thaw 14 µg++dL ar tLree Levris less ~ 15 µgldl., trshng sLauLd tnikow tLe rwtine testing schedule far higL-risk cLildren. 3~ Venous bkxsd lead .level of 15 to 19 µg1dL -within 3 nxmfhs. D Venous tdood lead level of 24 to 44 µg1dL - within 4 to 6 weeks. ~ Venous blood lead level g~ter than ar equal to 45 µgldL - imm~iately Follov~ ap testing far a cl,>ld who has been chelated ~ At 1Le eml of cLelationr ~ an tLe blood Lead level, 7 tD 21 clays s$er tLe end of chrlatioa. The restilts o€ tLis test will ffi+e need for addititmai chelatiao< and the schedule far additional b)aod L~ i-{edical eisalnations The CQ~I'iRAGTOR shall ensue iLat the DESIGNATED AGENCY: • Assorts that providers in the GZ.PPP ccm~mct medical evatuatiom~ for cLildi~u midcr the age of sin yoeats vritLm titre 8allawing timelines: ?- Vennns blcaod lead level of 24 to 4d µg1dL - Re€er within 4$ hocus a$e; the tepcut so that tree service is rtceivtd 5 days. 14 Venous blood lead level of 45 to 69 µgldL - Reber witlmr 24 haul afer the repast so that ~ service is aeceived within 4$ bouts. Venoms blood lead level greater than or equal to 7t} pgldL -Refer for medical evalaatia~ Ana~e II<r!aia_~ dP altPtsrtf {'1SLfR The CONTRACT't!R shall ens~rta that the DESIGNATID AGENCY prt-vi~des 1mo~ musing or outreach visits far chrld<m under $me agc of sip years accaadmg to the fallvwiIIg : Venous bk~ad lead level of 15 to 19 µgJdL - within d weeks after the report Venus blood lead level of 21} to 44 pgldL -within 2 weeks aver the dart Venoms blood lead level of 45 to 49 µgldL - within 1 week atleer Mme report Venous blood lead level greater thin ar equal. to 70 µgldL - within 2 days aflrr the - ChrJatiosi Time C[31+]TRACT~OR shall ms9ae that tlme 1)E~bGNATID AGENCY Assares that children with two venous bland lead kvrls greater than. ar equal to 45 µgldL receivvc ctmr.>...~++~ Nntriitioi ~wloaticm The CGNTRACTOR shall ensue that the UF.SiGNATFD AGENCY: * Assares that children under the age of sin years with a venoms blood lead Jewel greater than ar eat to 15 µg/dL reeei~,Se a nut[iti~on evahrmti~an a,occudmg to thc following timelines: D Venus blood kad lev~d of I5 to 19 µg1dL -Refer within 4 weeks oiler the report sa that the service is renewed within ~ weeks. ~ Venous blood kad lev~d of 21? ~0 4d µgrdL - R,ei~er within 2 weeks a#hz time report so that the service is received within 4 wrecks. 9 Venous blood lead level of d5 to b9 µgldL -Refer within 1 week attrr the report sa that the service is renewed within 2 weeks. A VeII4us blood lei level greater than ar equal to 7tl pg~dL -Refer within 2 days after the repot sa that the service is received with 1 week. • C.,anhcts tlme J?J1'ARTMEI~T for a~~~•r,~ if access to a dietitian caemot be assured for ch>T~ ~ the age of sin years with a vemus blood lead level gr+ea~er than ar equal to 15 pg/dL_ Ilkrebumental assessment The t70NT'RAGTOR shall ensure that the DESIGNATED AGIIQCY: Assures that children under thr age of sin years with a venoms blood lead level gr~ber than or equal bo 20 }-ga'dL receive a devrlopmeutat assessm®t to the fallowing timelines: Venous bland lead level of 2tY to d4 µg/dL - Refer within 2 weeks ate the repot. Venous blood .lead level of 45 to ti9 µgJdL -Refer within 1 week a9~er the report Vesbraus blood lead keel greater than ar equal t8 7t) µgldL -Refs within 2 days ate the cart coar~atinn The CGNTRACTGR shah ensue t>~t the IIESIGNATED AGENCY pravrides cane cacudinatian ~ refers the ffiimily M the local child health contractor far this service. 15 4. A chiid has nunred aut of the GIFPP se3vice area. The CONTRACTOR shall ensue that the DESI r~'~FAATELI AGEI~rTGY n~msesiiatety natifxs t}~e appmopria~ Iacal GI~''PP ageac~* m the area ~ which the child has mav~ed a~i pnnides of all ea~rizommental and medical case manageme~ records to tLe ~ local CLPPP agency. VIII DBEN OVER TAE AGE OF S~I~: YE.~RS The CONTItAGTOR shall e~ue that the DE4GNATID AGENt;Y contacts the de~artn~-end for specific ~e gds fear a ch~lci over the ague of sg years who has a venous blsaod lead. level. gtea~r than ~ equal to 2(1 µg/dl,. EDUCATION AND OLRREACH The CONTRACTOR shall enstue ffiat the DESI+GNATID AGENCY provides edncatinn and outreach regarding childhood pc~isa~g in the CLPI'P sezvi~x area ARTIf;I.E ~b'I - ItEPURTS The CONTRACTOR shall eo~ae flat the DiESIGNATED AGENCY and snl~its the fallowing repasts to the DEFARTi~.N'T cm forms andror in the format approved by the DEFARTMEI-IT: Number Dot:I3ne Vo~hez 1 Within 45 days of month of eapen~dole Fbiue Repcut 1 original VTithin 45 drys of month of exp~dittue Quazberly Nauativvc Report 1 Elsctronie 1 Q26-2Q49 1-2~r-2(D10 4-2f-2fl1~ 7-26-2(Il 16 STEL-~-R qhy ge~ut 1 ~~ 14-2b-2Q09 1-25-2U1t~ 4-26-2(Il© 7-2b-2{1111 Original rLum poachers aad czgenditure reports shaII be marled to_ Rib Gez~ , Ch1ef l3~uesu of Lead Poisoning Prerentian Dkviaon of Envir~mtal health Iowa Departm~t of Public 321 East 12a Stmt Lncas State Office Brulding Des Maumrs, IA 54319-00"75 An eiertronic rofiF of the espendidrre report shall 6c ema>1ed to: Rita Gergody: r~elvdsla~e_ia_ns (~artrrlF STELLAR and narratise reports sltaD be emaikd to: Pilar I~rgsdan: ARTICLE Z'II BUDGET The ~l appr~ned budget for this, aarrtract period is detar7ed in Exhibit 1. Servi+xs wy7l be rrimbr~ed at a flat feE as specified an Eahrbit 1 ~ bo the amount of the camt{act Tbae CONTRACTOR m DESIGNATED AGENCY may ~'°"b the mmrber of asiy delir~able that the: DEPARTMENT will. reffiemrb~use ~mder this contract only oiler filing a written foe the revision and receiving written approval far this fie. The CONTRACTOR. ar DESIGNATED AGENCY shaII receive written approval firm the DEPARTMENT p~ to spending ~e final tLaee (3) perrxnt of the state ~s awarded. ARTICLE L'I - PA~'11~ENTS l . Wuramts w~71 tRe made payable to the CONTRACTOR and mailed to die Ca~act A,d~isfratar a# the DESIGNATED AGEATCY address. Waaards maybe sent to as al6erna6e address if rrcquested in writing from the CONTRACTOR 2_ Payments shall be merle to flee CONTRACTOR based on the ~ reports and claim vouchers sulrmiibad to the DEPARTMENT by the DESIGNATED AGENCY. 3. Final payment may be withheld. uffiil all cant[actually negim~d reports have been removed and aaoepbed by the D£PARTA+lENT_ At the end of the ca~ntract period, mwbligabed camtract amount Trends shaII cev+ert to the DEPAR13uIENT. 17 ARTICLE ~ - AI?DTIT~IITAL CQNDTTIONS 1 _ Fimids may not be spent fnr indirec3 casts, chelatian or other nmclical of lead poisoning, os lead hazard rr~atio~ Funds may not be spent far blood lead analysis Mess Phis servicx is listed as a line item aa- the expenclittue repvrt_ 2_ t)n January 1, 2(110, Ap~1 I, 201x, and Jae 1, 21110, the DEPARTtw~NT may amend the contract to reveal firms that are estiaaated tv be used to the DEPAItThil~rlT and to reallocate dse funds m cootradors vrith demonstrated special needs for childlwod lend poisoning prevention servi~_ 3_ pa]' may be withheld if tree DESIGNATID AC~iCY ar personnel erngloyed by the DESIGNATED AGENCY are mt is cxmzplianoe vaith b~r-m rldnrinistrcrfive Ca~alr 641-70, iead Paofessianal Certification 4. The C(]NTRACTOR arul/or DESIGNATID AGENCY aa~st check Intgnet a-mail at least once each week far lead pcrrsanmg preveofi~ updates sent out by the DEP'ARTI~TT. 5_ XII:F analyzers that were Willy purchased, is part ar in whole, with Ia~ra Depaitmmt of Public Health grant funds, are to be shamed wi0r other ele+zated blood lei (EBL) in~eC#orfrislc assessors that have a canhact vwnth the Childhood Lead Paaso®ing Prevention program This sharing is to be at m~ cast other ~- their travet bn pick np and deliver the myclime. Programs ~ stmngly eacrnuaged trr also shone the XRF analyzers wi8i government noel psiva~c,.Hoar-prx~fit honsimg agencies that e~loy appnapriabely certi5ed inspectorhisk assessors_ Any fees received for the machine vvikh go`,~er~eot and private, noxEprotit housing agencies are cc~msideted program meomc that shall be rehuneal to the lead program and used tc- enhance lead program effiorfis_ 5. The CY7iP+11It.ACTOR shall comFly with Sedan 5 of the G®eral Conditions f+or all sarbcamhacts. 7. As a ccmditicm ofihe contract, the fXJNTRAt;T'OR shall ensiue that the DESIGNATID AGENCY linkage with t>m local board of health in each county gvhere servicxs are provided. The DESIGNATID AGENCY vinli ensue drat fhe local board of heahh has been actively engaged is plartimng far and evaluation of _ It will also maintain effective linkages with the local board of health, inchrdrng barely and effective cc~maamicaticros and a~airsg oallab~naatiom. 8_ AIl work plan reeaa'isirons must be approved by the DEFARTMEN'f prior t4 in~lementatioa 11 _ A,rfhcuization - Each. signatoryr to this contract ar subsequent contra~et amendments and warzarrts to the other parties d>gt a. The sig~rirry leas the right, paver, and authority 1p enter ir~o this agreemend and tc~ b®d the patty by the sigoatiory to tins agreement b. The party has the ~ power, and authcuiiSr to perform its obligatia®s render the agne~nt; and c_ Thee party has taken all aeon {corporate, stadr[ory, or a~erwise) to approve ese~ion, deliway, and perf+ormanoe of drys agreem®t and this agreement constitutes a legal, valid, and binding obligation upon rtself m acxsordance with r1s terms.. 18 i~ 1-I? 1PPODa,T ~ i1$? Si;3Rd38 c~ fYTi'17 •rnnv~l)almns Cmt-Eo®i~Bdl~ [YHl'RAfRfISmI.IT fY71iPi7 ilR UlRnn 7n7~7 MYlY r.Lan Man B Hea~6 7fs1r ~IIaiY (A) ~d Tads Diem6~ i6~~ ivtMo.i Bair ~C~ Rid I7s~ Bio (ER-D) tS~li~T~drOiarl~Pai~6f~6~+1-P~S~ 1311 atSO 31 YdiSD 3 3 S c~ca~nca~l...~ #a; uo s#a3o s s s ar~ali®li~v,~e. 6 sea sled s s s Sdmlaferi~miCaa~e f 319 S6D 3 f S $~Lferti~odol~rlli~e 3 510 ti0 3 S S 1Fm~dimialI~graml!~ 3 5600 ii,000 5 S S 1'ffi.Lsaj~isQ@PlCllv~s ~ 319 su9 5 s s Cmplwilr613sod-pgf~1351 a sl9 3a0 s s s i~.nls++s.i~>~ s sea sago s s s ~~6~~~~6-Fml 5s 1351 1 5500 1300 3 3 s Cw1i~5drmeSs~ sAO9 ssa i'199m s s s Fioomai4a~ct13sa(6gSeom135F) 65.1# 350 ii,#3a.0D 5 3 S 3S®eIa68~ti a{ 319 Salo S 3 S S7L°LLAIQau~t~Lptel®ie~dmT~ # S73 '5300 3 3 S llnoaw Qr:Ydy e'.pe Surd ae its # 375 'S3Q0 3 3 S %RFS_al~phc~s~ 0 ~00a 30 5 3 S IDoa6lod esrb CaercSca~yr5s 1351) 0 33 3f! 3 3 S HloadIodllm~rua 0 311 SEJ ! 3 S IeilaiPffi.I~eta~CmiSofim 0 53,900 3D S 3 5 ffi.1rp~curBrlfMii 0 51.500 30 3 3 3 Toro x~ ~ ais ~aa au au ~, mmra~ar~-,rnx rn •emsau nnrnan Jtmomtfo<3ia& Amo~bLlu LcsBoad 3 3 Pbe~slemsLvind 5 3 L~ 2 3 I uufjlhrtm 5i lam bs 4rt m~ a<a3rsdid mrea~dlydp®®rV W iadxs~ o<Llaad id ~: MiE: 19 IOR ~ DEP~lRTi1IE\`I OF PLBLIC HE ~I..TH GElr"ER~I. CC_?VDTTIONS Effecti~-e 10.01.2009 1. General a. This is an integrated contract between the. DEPARTMENT and the CONTRACTOR which consists of the specifications, terms, and conditions of all solicitation documents issued by the DEPARTI~iENT, the CONTRACTOR's proposal, the Special Conditions, these General Conditions, and any written amendments made in accardance with the pra~•isians herein. In the eti=ent of a conflict between or among the pro~-isions of the Contract Documents, the gay°er~sing language shall be from tl~e Contract Document listed first in the fallaw•i~g list: (1) Written amendment mutually executed by the parties; (2) Special Conditions; (3) General Conditions; (4) RFP or other solicitation document; and {5) CONTRACTOR'S proposal- b. The CONTRACTOR shall pm~Yde the necessary facilities, materials• services, and qualified persarinel to satisfactorily perform and proti-ide all the wart; and services set Earth in this contract. The CONTRACTOR shall praiYde DELIVERABLES that comply with and conform to the Specificaticxis_ The contract budget shall be the basis far the CONTRACTOR'S expenditure of the contract amount. 2. Definitions a. "CONTRACT" me'nc the colle~ctii=e documentation memorializing the terms of the agreement behveen the DEPARTMENT anti the CONTRACTOR identified an the Contract Declarations & Execution Fage(s) and includes the signed Contract Declarations & Execution Fage(s), the Special Conditions, these General Capdtiaris, any Special Contract Attachments and Amendments, and all other attachments and amendments to the Contract Declarations & Execution pages). b ''CONTRACTOR" means the organization or individual coptracting with the DEPART144ENT. c. "DEPARTI~IENT" means the Iowa Department of Public Health. d. ;`DELIVERABLES' means all of the goods, products, sen-ices, work wank product, items, materials and property to be created, developed, produced, deliserect, performed or pro4-ided by ar on behalf af, or made available through CONTR.Pi~CTOR (or any agent. contractor or subcontractor of CONTRACTOR) in connection with this Contract. e. "Related party transaction" means a contractual arrangement fiat the groz-ision of services with an employee, consultant, ar member of a governing body of the CONTRACTOR ~~ha has a family, business, ar other tie to the sen.•ice to be provided. f "Special Conditions" means the Contract attachment entitled "Special Conditions" that captains terms specific to this Contract, including but pat limited to the Scope of Work contract payment terms, and any amendments to these General C.onditions_ If there is a conflict beriveen the General Conditions and the Special Conditions` the Special Conditions shall prevail.. g "Specifications" means all specifications, requirements, technical standards, performance standards- representations apd other criteria related to the Deliverables stated or expressed in this Contract, the Documentation, the RFP, and the Proposal. The Specifications are incorporated into this Contract by reference as if fully set forth in this Contract. h "State"' means the State of Iowa. Effective tactaber l; ?Ot79 20 3.:~ccounts and Records a. The CONTRACTOR shall maintain accurate, current, and complete records of the financial acti~rity of this contract, including records which adequately identify the source and application of funds. Cash contributions made by the CONTRACTOR and third party in-kind (property or sen~iee) contributions shall be verifiable from the CONTRACTOR'S records_ These records must contain information pertaining to contract amount, obligations, unobligated balances, assets, liabilities, expenditures, income and third-party reimbursements_ b. The CONTRACTOR shall maintain accounting records supported by source documentation including but not linuted to cancelled checks, paid bills, payrolls, time and attendance records, and contract award documents. c. The CONTRACTOR, in maintaining project expenditure accounts, records and reports, shall make any necessary adjustments to reflect refiuids, credits, underpayments or overpayments, as well as any adjustments resulting Pram administrative or compliance re47ews and audits. Such adju~ents shall be set forth in the financial reports filed with the DEPARTivIENT_ d. The CONTRACTOR shall maintain a sufficient record keeping system to pror-ide the necessary data for the purposes of planning, monitoring and evaluating thew program. e. The CONTRACTOR shall retain all accounting and financial records, programmatic records, supporting documents, statistical records and other records reasonably considered as pertinent to the contract, for a period of five (5) years from the day the CONTRACTOR submits its final expenditure report. If any litigatioq claim, negotiation, audit or other action involving the records has been started before the expiration of the five (5) year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five (5) year period, whichever is later. Client records which are non-medical must be maintained for a period of five (5) years. f_ The CONTRACTOR shall retain all medical records far a period of six (5) years from the day the CONTRACTOR submits its final expenditure report; or in the ease of a minor patient or cheat, for a period of one (1) year after the patient or client attains the age of majority, whichever is later. g. The CONTRACTOR shall maintain the confidentiality of all records of the project in accard~ce v~~ith state and federal laws, rules; and regulations, and the terms of section 9 of these general conditions. ~. Equinment a. Definition of Equipment: Any item costing $5,400 or more and having an anticipated life of one year or more. Computer software is excluded from this definition. b. Title and Disposition: Title to equipment purchased in whole oar in part with DEPARTMENT funds resides with the DEPARTMENT. Upon contract expiration or t nation the DEPARTMENT reserves the right to transfer title to the equipment to the State, the CONTRACTOR, ar another cantractor_ The CONTRACTOR must receive written approval from the DEPARTMENT before disposing of any equipment during the contract penod. c. Records: The CONTRACTOR shall maintain inventory control records and maintenance procedures for all equipment purchased in whole or in part with DEPARTMENT funds or obtained from state surplus or the DEPARTMENT_ Equipment records shall include the following for each item: state tag number (or CONTRACTOR inventory number if no state tag has been assigned); descriptic~; physical location; name of the contract purchased under: percentage of total cast of item paid for by DEPARTMENT funds; and, if available, vendor name, manufacturer's serial number, purchase price, date of acquisition, date of disposition, disposition price, and type of disposition_ Effectiv a October 1.2009 2 21 d_ C'~oastral Sy~staera: A control system (iarlndit~ ffi answal plsysical im~etat;exy~ shalt be implemented m ensure sde~quate safegraards to prererxt lass, damage, or theft ttf fire e~uga~emt. .~} iris, da~taage, aR heft shall be iav~estigated and fully doca~ented Fi7iete the ~ CFlil'TF.r~T+DR u atrthori~eti to ~ the eq~eni, sale procedures shall. grcrvittlee for campetiticm m the ea:tamt graeti+cable and. resn3t in ~ highest passable ptice_ a. Fret 5tamdau-ds aa~ Sa>acootrastiam a. Pmcnretnent. The tr4'1Ir'"TR~CT{~R shall use gracvrenment pracedm~es that camapty with all agglicable federal, state, and local laves and regulatiams. b_ Subctaciine_ Name of the wroxk ar sertces relad~g to this tamilact sh$Ll be subcamtratted fist another argamia~ts~-a or imdicdusl veithaui speci5c prior vvritoea ap~aual by the DEFARTlwiE2~'I kept far snbcoatracts under ~8fltt_ To obtain appnacal, the ~G~Ol~"'TILA~'TC)R shaII submit m the DEPARTIwiFld'i' the pr~used contract or veiitten agteemeat between the parties. The proposed ccmtract ar agt!ee~ment shaft contain: ~(l~ .A list of the vroti< and ser6-iities to be Styr the subcatmac#ar_ [?~ The coansct policies and recp~rirernents. ~3~ Pras~sion far the IDEPAR'Tl1dE1~'T, the ~YDNl'R.4CT4R anti any of their dnlg a~uhorixed regresearatires to bare access, foQ the purpose of audit and a=~}~+atiom. to aag° dDn~ts, gapers, sad xecards of the sabcant~actar pertiaett to the subcontract. (~j The amowat of the sabcanlract. (5~ A line item. btadget of specifiz casts to be reimbarse~d ender the snircantract or agreement ar other cast basis far diet!~T~+6 the azptnn~nt of the satxcantract as "ate. ~~ A statement that all pro~°s of this co~auact are included in the sttlxcmuusct including audit regniremen+ts_ ~lj P'eriod of e. (~j ' ad;;ditianal sulacotuzact canditions_ c. Aa} sn6~camtract ar athesr ~azttem agteeme~tt shall acct affect the C'flNTR~CT~R'S o~•erail responsabi3itlr and accanmtahdlity to the DEPART'~iENNT for the ati-erall di~ectan of the pmaject_ d. If doting the course of due subcaatrsct period the GOfNIl~fi'fOR ar subcoaGracter wishes to change or re1~e th,e subcontr~t, prior vrritten apgroti-al from the DEPr~-RTbiEN'T is required. e. Thee C'QNTRaCTt~R shall *++~~*+*~;+~ a contract administrateon system vrhich ensures that suircontract~ass perfennt in accordance with the terms, canditiams4 and spediicatioas of their contracts or purchase orders. £ 'Tllre GOKIF.ACTQIfi shat] rna+M~atn written standards of COndDCt g~fS'"¢rn?ng the gerfisemance of its employees engaged im the avrard and admiaistratian of nay subctaatrad. Na empla!yee, officer ar a~~ent of the ~42~'T1l.ACTt}l~ ar subcontractor shall participate in the selection ar in the aurard ar adrninistratiom of a snbcautract if a can~iat of interest, real or apparent, ersis~. 8. Proerana Ialca®e a. Program iruaa~ mesas ,gross income earned by the CA32~1'TR..4C'PCJrR first ~ direc~dy generated b} a oo~act- acti3,zt; or is earned as a result of the c~trsct agreement Tt incBudes; t7Art is not Invited to, Effa~ctiue O~cGaber i. ~{~ 22 iaca®e in the farm of fees for senaces performed during the ttmtra;ct or subcoanafct period, proceeds fraui the sale of ta1>gz~rle persoasl or real pr~aQerty or egaipment, usage or r~eatal fees,. and patent or t:op~ag~t r}o~7ralries. b. Ftagraw. income shall be re to the program and shall be used in accartiaace with the canditioas of ~e irantract Mess the Spetael Cam,ditions of the contract specify otherwise. 1?rograal iaco~ae may be used to Wrest fire cost sharing ar n~att:hng regnirement of the canuact. c. When prior year refumds or rebates result fraim the e~stpentiitme of 13£p'ARTMEI~TT prm-ir3ed , Huey shall be retnrneti ~ the Il't~r4,R'E'~viFN3' is the same prrrporaoa that the DEPAR'T?td~hTT 5rnds are to the project's rata] iacame or iacom,e related ra any subcoattact, as ' te_ d_ Gash adrsaces, whether permanent ~ is the farm of wtor>ciag t:aprital, nnact be in interest beaxsng a,ccaunts. 7rsverest ea<rnect by the ~OlV'IRACTDR tan cash advances shall be allocated b~ the GOhTRA+CTOR to the program far which the gash ads~ce Sues recen~ed. Ail interest earn~eti tm cash adcaaces shall be reariit~d to the DEPARShriEN'l• tm a gnarterlp basis., ar mums frequently if requested by the DEPARTMENT. Ingest amounts ~ to '~?54 per contract good in the a,~gre~ate far ~ fe~ierai funded pr~xgrsrms nraX'be rid lay the ~(]h'TF.A~'4R fear adnuinistratiti~e espeases ~'. "7_ rim-Surtiue Rra~remrtnt Federal. and State fsmds made a~~ailable nnt~r this caatract shall be nseci to supplement and increase tine ~ el of state, iacal and ether som-federal fiza~ls that eranld in the absence of svcL federal said: State frurds 6~e n mailable far the programs ami a~ctitztes for which ~ are prosided and aril]. u acr et~t talcs the dace of state, local and other no~fed,erel fiords. 8_ Pal~iratiows, G~c~vsts siad t~Yts ~ Ihta~. aa~d Pa~teais a. t?hdrlications: The C`t7~NTF r"~GT{QR stroll nut publish dbe results of contract actirit_y without prior written approval by the DfiPAR'I't!.iEtw`T. such publication {wri~~. ,visual, ar avtiia~ shall caatain an at:kncawledgmeat of DEFARTD+iENi' contract sappart. .A copy of any sash publication sttialt be fian;c}`ort 1R3 the DEF.4RTMENT at ni3 cost. b_ t3A aership amd Assi~m~ent of 4)iher Deliverables. GON'FRACTCAR agrees that the State and I?EPAR7MBNT shall. became fibs sate and eachrsit~e owners of all Deles~eraibles. ~Gt]1gTR,tLt~'TC}R hereby irresyxebly assigns: trerusiieers amd co~°eys to the State and th,e DEp.~.'i'Itii£ltiT alt right, title aacl interest is sad to all Delis°erable~ and ail. i~e7lectuat property ruts and proprietary rights xricing eat of, embodied in, or related t8 sash Detirerables~ ' co~p}rights, Patents? tradeaiaticsa trade stecnets, trade dress, umsk wadc, utility design, deris-atis~e arorts, and all other ruts and interests therein or related th~erero. ~tl~NT'RACTYIR r~mesents and ararsants that the State ami the DEPA1tI?~ENT shall actprire eaod and clear title tc> all t3elis~erelrles, free fmut aunt' claims, liens, secsnst} intRerests: en,cuznb~tances, intellectual property ruts: groguletar3r rights, or other rigtnts tar ~uterests of +C{INTRACTt3R or of any third party, inclnsdiag e~ empivy~ee, ag+eat, contra,cmr, svbcaatractar~ sobsi,diery ar a~liave of C+~'MNT'R.A~tvTC3~R. The GOh'TREiG7UR (and Gt'~lr'TR~I["1't3R's employees, meats, taoatraetars, subt:om~actars, subsidi~ies and ai~liates) shall ~t retabII any prtygerty Interests ~ other rights iII and to tt~ De#i~~erabl¢s and. shall ~t use aa~r Deli~eralrles; is srha1e ~ is part.. far any purpose; withmrt the prior written txmseut oaf the DEFART4~lENT amd ttre gaymeat of such nuyatties or ottmr compensati~ as the DEPARTt'.~NT deems appropriate. Unless otherwise regtbESted by 17F.pAR'TA~'T, ugoa completion ar terminaatxtmv of this Gantreci, Ct~l4`IR.A~CTOR Still immediately torn over ro Dl3FARI~N1' all I~elCVt+se~7les IIt3t ple'41013.S1jd` '1el~ed ro DFsPARl''T, and arty copies thezeaf shall be retained bX G+02wT'I'lialdGT01~ or its employees, agents, sabcoatracvors or affiliates, with,c~art the prier written tam~seat of t~EPAR'f'l~iElv~'I`. To the encteat any of CDhTR.~i~CTDR}s rights in nay Delis;~erables ere not sab9ect ro assi~nwent or transfer her~erlndera iaclutiiag any Kral rights anti any rig]rts of attribution and of invegtity, ~CtaIS€'TRAGTtIMR hereby irrect~ably and uMOUt~t~ally aren~es all sash rights and eaforcesneat tiuezeof anti agrees- oral tm challeag+e the Steve's rights in and rct the Delis; s=abres. E~ctive t)ctober 1, 21~Q9 23 c. pataeeats: If aa} patentable iazf,~entit~m is d,e~~eloped by an t=mplexg~ee of the CtIAiT$A~"IC9((~ is the tetamse erf empk-}-meat reiatecl ra r~.is ca~trsct. sv~ch ia~r~ti~ shall. be reported ~a the DEP~AR'3'I4~«~. The I~EpARTMEl~13` shad be entitltsd bra a share, pmap~ortntmate to DE.PAR"TbiETv'T fimdiag, of rights to sand tax~ntiort, inchiding tittle to arid. license rights miters say patent agpincstnoa ~ pat~t which map be issaeed. d Use of Deuartment itl~ititfiezs; Any ease of the DEPAR'T?a~iENI'"S ammo lagt+, ar Bather ictantifyin~ niformatioa insist haue pritrr srritt~n apprt~~al frees. the DEPART2viE1~TT. 9_ Relrasrs trf Iai4rnss€tiwDS 9>td CoiSdentishtc adRxaads a. ReteaSe of Gtanri'sct )<aftazmstsoa ~ the DEPART!~iFiNT: The C"~C?3~TTTR ~CT~C)I~ agree€ t~ lu+a~idle t~ t~,e DEPART]l~1El~'T, reep:est, alt rectards related to fire conitrset ii>sclndnng, twrt atat limited ta, cheat necorcls, statistical i~etrmstera, board and arther a~tm;n;ctrntl~e rt~cards, an,d fuLan~cial racexds, indtuding budget, acctavatiag acf~tlties, financial statements: sad the aamosl studit ~ scceudarrc~e with Ctade erf Federal Reguiatians; Title 4~_ b_ ~'~d6d,en~~~+~ of ~°Eieat F.~eeards; The ~t71~Tl~C'l'CkR's pa33cnes arsd pr~ceiijor+es sal pmn.-nde that i~ettrrds regarding the ndentity, diagnosis, prvgaosis, sad spaces pmca`ided tta airy cheat in ct:aaect~,oa with the perftxrmsauce of the coatrse:t are t:aafidentsl and thar sto,ch recerrds shaft be disclosed emly Hader the cirt:wast$aces ~ressly attthtariaed tinder state ~ fedrxr~l canfid,eatslit}~ laws. Hales ~ regulati~s_ c. 5ectirity of,vliemi Fipes and Data: The t~pNTR.4~TtiR's eaigl ~e^}vees, agffits, and snbco~ractars sh~a13 be aItotaced aces tta caafidental xectarels aal~t as rnecesssrg far the performance erf their defies related to the cori~'sct at2d in acctar~clsnt:e ,?rith the policit~s sad praceduees of the castodisa of the records. The C{I1+1'yR..~.~:Tt~R. shalt maintain gvlicies anal proceeds far safeguarding the caufideutnatity of stack data, and ~3' be liable eirilly as crimiesally Mier state or fiet~ral con5dentislity isvrs, rapes ar re,galatnaas fxar the assathorixe~d release of such ton_ d_ S,a~OaliChaRZ,ed DisclostQe: Thee C~iC'T~. shalt ma;ni~ie the e:aafidentislity of all r'~e[oPds related tie this cantzact in scctudaaice Frith siabe aad federal lsw!s anal regalatnoas_ The Ct~l~«'FRAGTDl~. s>mtt greabect ~m dnst:la~e ail c r~nads and elate, irrcltmding bvt serf linvted ~ the armies. anti Other g informstioa eaf persaas rraceiti-iag services pursuant hT this comtract. except 6tvr ststistt:al ia&armatian eat identifying say cli,~. The G+C)I+TIF.AGTC3R shall Hat tie+e such ideatif}-i~ iniiormattxa for say pmp~ose other than carririag eat the C~tifTR4[.'T4?R.'s obligations under than contract. 'The ~[3PdT'I~k A~4A shalt pra~rtly traaswit ti<a the DEp~4RTt«iEl+l'T all retlnests fm dnsclasure of stench ideatifp~iag iafexmstian to aagrone other them tine I)EPART2v>ENT and the CD>t~TDR s}iatl net dtsseim;++~te ~achrmfonmatiom a-ithe~at prerr written authorirati,om from the DEF~RT~NT. For p~'~ of this parch, the twin ~`ideatifyiag' shall int:lude, btzt Hat be limited toy nsave~ ide~afying mmzber, syenboi, tar eNher ideniGfaer particutsrly assigned to the iacindtoa. The ~'C?IrCT+DR shall ~ »_+~ly nepart ~Da flee DEpr'~TZwiEI~'I nay nnsatlioraaed disctvsase of co informatiicm_ The tCQNTBA+CTtI~'s talaligatltan5 tmeler this Section shall sun-i~-e te~++~nAr+ela of this contract_ e. The ~47-ItiTF,At~'Tt~.'s tibla~do~s under ibis secti,~ of the ~aui~sd Shall sun-re t>erminartEeaa ar ea:pirstioa of this Cemtract_ lU_ G`steilict of Lterest a. The lrroti-isiaas of Iowa Code ~ialater f8B shall spgly to this sgrt~eu~nt. 1n the e~t~eai a caaflict of interest is pmsea Ufa the DEFAIt'T14~I~r'T, the DEP.~R}l:Th~'T shall ternunatia file cantrsct: ami the iGt]h"IP..r"3~TOIL shall 6e liable ftar any excess cxasts ter the DEp~tR.TME2dT ss a result of Contract default. b_ 37;e ~CaAiTJ~,GT®R shall estsbiish sa6e~iards ter pre~~eat emplo}~eesa ~~nir~,~ts, or members of ~L~~c bodies fro® using their posttiorts for pvapose5 that ame, ar ~~ the splaeara*~e of i.+eag, mativ acted by the elesire for pnrate gain fir' themsel't~s err oti>ters vrith'R'ho'm they have family, business, e}z other ties. Effective Cr€totrer 1. ? l}~9 24 c. ?~ CC?l~TRA~'TUR shalt report any reiatect pasta tra~asaetion to the l]EPARTI~lENT. 1&''ritten agpmt al front tlse IyEPART~N'1° shall be regaire~d grio~r to such bansaction. 11_ Paiute ~C'otis~ta~tiaz Emglayees tyf the CQ7+TT}~AOR ~arhose salaries aa~e gaid bs• DEP~FtTh1EIr-T foad5 Shalt aot ~.ge pri3; ate coasultatt,oa the boars that are paid iicrr try l3EPART11RtE.I~T frmds- 12. 07ildacati~aa+, Hof Staff Tire CC~Iv"IRACT~R shad tre respansabie far assuring drat all Pte': sirheth,er they are ezaplovees., agents, sabeantraen~rs ar any aetiiag for cu an trehalf of the Ct}l~,'TRAC?flR, are properly lice~ased., ced or accredited as required under applicable state law and the Io~rva Adminisizata~e Garde. The GQP+TTRAC?Cl~R shad grvs7de s~mndar~ for service prcn~iders rrhn are ant a~tire:wise licensed, certifiers ~ aea+edited ruder lags or ire lo'wa A . ~ ~Gad,e_ 13_ ~s<srsnee T.he GC.xNTRAG`TOR, and. any subcoatractar, shad rnaiaCain ID full fxrrce and effect, R"tth incnrairre c+rmpaaes Licensed by the State of I,awa, at the ~4~1~v°TRA~G'TC~R`s expense, ia~~aance co~~ritsg its ~rcr3c +~aag the entire term of this ~Goatra,ct and say eztensioas crr nea,earals there+af. `The Cb1NTRAiC`Tt~R$s ;n~+*~+++~e shall, .among other t3-t~gs, tre oecm7enee based and shalt insure agains# any lass or damage resnltin;g fixrm or related to the COI+:"TR.AGTQR's perf~A*~-e of this Goniract re~dless of the date the clagn is filets ar e~rpiratipa arf the Pe'~Y- The State of Iowa and t}re I7EFAR'Fl~ shall be neme~ as additi<rosl insrseds ~ loss gayiees, aa~ the ClrhTF,ACTOR shah. obtaut as eedorsement bcr the seine effraa~ as agplicable_ Unless otherwise requested by the DEp~ARI'b~lE1+TT is write, the G4~I~STf'.A~G'TUR shalt sense #n be issued ~~,„~,~e eo~.,erages inswing the Cf?lk-°TRr'iGTt~R aaii.~or subecrnuactors sganast alt geIIetal iiabr~lities; prothut liabilaty, P , damage, and (where apglicable~ gmfessioasl liatri]ity_ In sdditiaar, the CO~NTR~GTOR siaall $asure i# has atzs° t]!@GeSSary workers' eamp~easatioa an,d employer Ibatrility ;nm•~~e as required by >~'ora tavr. ld_ ~ ur Es~a~as of IReeards a. Snbreeigierrts of Federal funds are required ttr bare an audit made in accordae,ce with the proc-is~s of Ub~IB C'ircutar A-133, Audits cif States, Kcal ~i~cn~rnments, and 2+tan-pr+rrfit ~C#rgaaizati,ans. The I7~Ep~,RT'ME?~ may re+quue: at any tip and at its sole discretiau, that * ~mp*++~ of state Goads }ra~,-e as amt pez~med. A cry cif autsit reports acquired and satrject tie ~« Girralar A-133, State regulations ~ otherwise regtur~eii cha13 tree fxrzwarded to the DEPART!~~I'T Qpoa receipd sod at ao r.Large. The +C"t]~VTRe"~~CTt7rR xnay ~ rated to comlaly vritL other pre~scnbed comgliaace and reti-iew procedm~es_ The GUNTRACTClR sbaill be soleler reslsousble flu the cost crf aug required andat unless oth,ervElse agreed in writing by the I]Ep.ARTlV~2~TT_ fii~. the DEIrAR~' has agr$ed in writing ttr pay for the r$quirerl aa€let serrees, the Ll£gAR'TMEI~TI resen~es sire riglrt to refuse pa~~at for audit serrices whit.h d,Q not meet Federal trr Stage r~*~*+~nt3. Audits are due within etas [9J~ momhs fnllawiag the sad of the gem eo~t-ered. b_ The audit report shall t:omtain suppletnentary sthe~rtes ideatif}vrg by program the re3°~+~ expen;litures, and balances of each coam;act. c. lJpom eompletioa of the audit, a press release shalt the published so aano~,ee the ae.~ailabrlity arf the s~udit mP~ blur rewzew bar the public at the GONTRAGTQR"s ta~ce_ The press release shall be prch-ided tiEr a local Frith a ccrpr3r sent bathe DEFART"D,iENT and a cagy maintained in the Gf7A7TR.4CTtDR`s offi,ta. d. tta~e {1~ copy of tLe audit r'ep~ shall be submitted bcr th:e DFPART~~NT within tsrirty ~Q) wtriicing da} s crf ats rssnaace, 5 specie won as granted is nziting ter the I~EpAR'Ti~iE.NT. 'The audit shall tre true O+ebnber 1, ~ ~ 25 scheslule~d so that an audit re~wtnt gill 'fie rec~~ by the DEF+ARTI~N I` m~ later than aia~e ~(~ me~nths fo~oAZng the end of the ca~act •To be sntamitted with the sadit is ~ copy of ~ s~arate letter tca maneg~eutent addressing a~nn-material f~a~iine~, if pre~d ~r~,* ~e a>u~tar. e. If the contract aarard(s~ fraffi the State of >fo~a a fatal $ l5 ~; ~ mare ~ :pyre-aw~3 stuu~y by t}ee State Auditm is regiure~d fcr gm~ate contractors. The cost of th,e pre-a,~rard surrey sad the anaval stall[ stall be 3~t~rne bgr iflte ~(J-~,l'lfi~p,C,•IiD)~ salsas sg~ecfucally taraiv~ed in t~rsitiag ~' the DEI~'ART?'E'. f. The CC?I+~"IRAC?C1R agrees that the .r'1.nclitor of the State or any audra¢i~d reprr~eatatia.e of the State, sfld where F ftmds are iatrcalc~ed, tlse Conigtroller ~aeral of the linhecl Stsbes or sear other 'a~-~e caf the United States ~ros'ernment, shall ha~an access ta; an,d the right tQ orxnm;na~ audit, ~cerpt aa,d tra~cra~e an~• ge~ent laoalcs. , Faper: sad records a€ the C`C}P~ZRA~Tt'~R relst;ecl ~ carder; iaa~°oices.: can pa~•ments ca~tlais cortuact. ~_ 'l1te ~C'(l1dTRACT'4lR agtees that ttae DEFARTI~~NT or its aaaed relatesentatia,es have access to medi,csl records sntl t~uslity accrrra~re nalaterial5 far garposes of $a indepeakde.nt audit cxf assta~e sad itlr of care. h. All records and tr~roa3c papers resuttit~,g from this contract s~,all become the. grogerty of the DEP'ARTbiEEl~i'T'. lv_ C;aatraxt Pearformaaa~ce a. 11~Ioztitarin~ of Phezfc+rmstue (1} 'l'pie iC~32dIRAt7R agrees that the I)EPARTlk3ENT ~' cu~ndwet site visits to retzeds° contract caanplience, assess maxaagem,ent contresls; assess rele'~.~amit sertaces aa3d actitiaties, and gra~~ide te[hT~ical assistante_ The G€ll~TIrACTt]R a~+ees tta ~easttre the caageraiion of +6se C~2~1'>=C~.4CT+(.'IFC.'s 'emg]cvy, agents, aa+~ board m,e~+ is such efforts . (?} Following each site ~eish, the IIfiPAII;T!~~T may stalaanit a t+~rrittten regart tct the Ctl2v"IRAC3i?R t;hich identifies ti,e fiacliags of the site s-isit_ A Correctiz~ Action Plan wilt a timetable to address air ~; ~~ or Problems anted is the site ~asit report assay ire r+eelaested The EoaectYti'e Action Plan shall be sniamatitt!ed ~ the I7~EgART'lwIF.NT fvr a~arot-sl within the timetiaes oatlined in the written. rap~ort_ The Gf?1'~;'TF.ACT~l~ agrees to implement the Plan after it ~ agprot~ed by the DEFARIb,>Fsfid'F. ):~ailure to da so may restiYt ~ staspaaa or termi>aariom caf the c b_ t`caaustrt Performance Disgt<tes (1~ This contraact is sot subject to arbitration. Aay ge~rmance sstaes shall tae eleentified is wining .earl subnaatted to the aggmgriate I3rs~sion Director of the D~pattm,ent~ All dispnbes conc~eaniag p~formaace of tL4s ccatittact shall be d~ecid,ed by tla~ sggrvpriste I)icisiort Diiectar, vrho shsIl grit the decision is writing sad sense a copy fk the ~DDc'TR~i~"!'+C7aR and the I}EFAR?A~IENT's Directcar. ~~~ 31re I;~~sioa I~irettor's d~ecisioa shall be final anLess t+rithia fifteen ~f l ~) clays h.'om the date of serd-ce of stLCh capy the +C"Cll~-Cl'tlR files a contested case gaaceadiag with dre I~g.,~Th~2~il_ 1~_ .Avarlabultafi ~Faaaids The disbmat of fimcls tamer this contract is c [epos the contiaaed acaulability of fatal, state!, or gris-ate fnnals to the I?EFAATMENI'. Et~ective ~actober 1, ap{~ 26 17, R'' t: of Samaart a. ~Fith fire ~~~ ~[orking clays wzittea notice, the DEPART'T aY$y tempormzttr withhold payment of DFPART"11~iENT ftasds. The G~AT'TFACTOR may be req~red ~ s~mit a coYrectixg actiaa plan for approval by the l7EPAILTMENT. I9teasoas for withholdimrg praYment of fends may imlvde, but are not limited ~: (1} I]`e3incia' is svbQai*r+n.R rE{~IISed reports.. (?~ Faihure to sho~r satisfactory progress is achies~ing the obje~cti;~s of flue pmcrject cu failure to zaeet the terms sad ccndifioas of the contract. (3) Failure to pruizde adequate manat of contract funds or ~~ ,~*r (~) Failm~e of say I~eli~~rle to meet ctr conferm to any apFlicable 5p~eci5catioms. b. Ten~orary t~ithholcliz of funds does acct eoastitimte jest cease fcr the ~Ct?ZC~I4~R to ia~rrapt services to clients o[ as otherwise cease ~norlc under this ~tratraKt. No interest shall accrae oz be paid to the ~G014TF.ACTiDR Qa nay amonaisnnth~l~ ar retained trg the I~TsPr'tl~'TI~iEP.'T Dada; this. Cc~sct. l~. Sasts~easiao s. rhea as detaa~+~*+~ by the I~EtPART1~iF.Iv'I, a CiC77-A-'FRA~IC~R has aua failed tv cly Frith the terms and conditions of the contract, dre DF.P'~4RI'~~IT may suspend the convect: is ~rhole os in pant, vrrittffi notice. The ncatxe of susgensioa shall stafie flue reasun(s~ for the ~~~ nay correcti~ a action regained, amid the efi6ectie:e date. b. A sncponc;nn Shall be is effect tint7l the ~`Oh"TRACTOR has pmc-tt7Ried e~-idieace sati5factC~i}~ to the DFP~PiR.Thff N'l' that ccxrectiti-~e action, has been cis ~rs~l be takec~ ar autil the coatra€t is tem~+n&r~ c. C}bl~tioas incucre~d by the ~C?C3~NTRr'4CTOR dtaing the suspension period shall not be sllcrvred unless eatpnessly authorized Fu the notice of saspeasioa. Necessary- costs ~[hich the CC?Yv"IF.,~~F•QR could not reascmabl~}• s~ Did daring the ~~~+*+ shalt be allow ed Daly if the C:'ONTR.4CTO~R had a prior obligat+~a bur those expenses. 19_ Term®atiiaa a. This ~oatract may be terminated by the +Cft3NTR,~t`T'OR upon sixty ~6Q~ days ads~arnce w~rittea Mice only for the failure of fibs I}EpARThif to comply Frith nay material team condition, or prosisioa of this £'ontract. irnchu3ing but nut limited to flue fa~ua+e tx:r metre timely pa}~oreat far work performed era the I7~eliti~ercables_ ih this et=eat, thg C'C32~'TR4G CQR shall dali't~er tc~ the DEPARTi~fENT' ~rxitbea Mice the na~tme arF tine DEp',4RTI~1EI~tT"s defanlt_ The D!13P'ART?.I~NT shall hate the 513[tX day ac-tLCe to cr)[rect the probleu~. that resultred is fhe defsalr mtlCe_ b. This Contract ma°l• Eye ~.,~,*~±~red efEecti~-e immaaediately by either pasty' vrlrea cir~,staaces be3ramd the control of the I)Ep~-RTI~fE1vT ur the C~NTRACTt?R make camtiaaatitm of this contract iacpossi`tale. t. '.Phis Coattart may tae ~~;ngted solely b}• the DfipARTMEI~T for nay of the iivItcxwria~ reasons: (1) I~efaJUlt bt the CC~l~1TR,.4.GTOR_ The failure of the G(3ltiTRAt='l°t?R to comply with ~y a`aterial term caaditioa, or p[~utisi~ of thy. courtract shelf coastitaroe a defantt kry the Cf}h'TRAC°TtDR Ta this es-eat, the IlEPA1;tTi'4fExw'T' shall deli,r~ bar the C4I~TTRAC.I'Ol~. 'Written notice sprecifyn~ the natute of the C~(9-l~'TR~+CTl71~'s default: The IlFFtt1RT14tE,h"P s nofiice shall also archude nay penalties dne for late nr tm~;c~rt'~7~' perfrrrn+~~e. The I3~Ep~'l1'~SElS-'T may make termimati~oo. of flue csma~act effective teiy. If doe notice of default seat b3 the DEp,P.~RTMEI'+t•3' does rpat iadca~ that the contract shall £~ective UcDabet 1, ?19{~ 27 l+e te~izaated ~ffe~cti;~e immediately, ~e ~Cfl~.'IF.~i~C'Tt~I~t mil ha~~ tin X10) dais after r~eigt €rf such ncatice to carre~ct flee problem crhich resnlteti in the default autos and ua saEamit payrne~.t fret the fim~e iraYpose~ Th+e DEP'ARI3~TF' may thert=s6ner issme a aarxti,ce of aaunedaate ttawinatitaa if this tliefault is not ctarrected t$ tl~ ,,gticfartinan of the DEF.AI~TlviE2~'f tar payment of the fine is acpt retei~~ed 4rr#hin the t?ea~sLay period. (2~ The Gc~enence of the DEpr1RT1rSE1~'_ the DEP',AR'1'l~iF~l'~+'I ma3~ t~~+n"-t!e this C'orsnact is ~a€hole ar is part wri#htpat flay payment crf aaay penalty txr ~~*^~ ~' furtla~er o~rligaton tta ~e C~]I'v"T'F.r'lt'T~i~,vrheaa~es~er, far any rea~staa>k; the DEPr1RT"~i~TT shaIl ~~_r,.,~,.a that swrh tarm;?~tican is m the best iatterest of the She. In this event, the IIPP,tLI~'y'4~1w~'F shall issue a ter*+~~+tian nonce to the ~iQl~.'IF.ACT~R at leash ten ~1Q) days pr~r btt the efiecti+re roerminatan date. Fcrlla^arin~ teztitm upo-n aa=tice. the ~Qlv°TRAC"IUR shall. be ea~led t+o ctauapeflsatioaa, uP~ snnlrmis5a,txi of ins°oc~ aad proper grcxc+f taf claim,, for 5+ezt.'i,ces proa.-icleed zmd,er this Cct up t[a sarcl ia~cludiza~ the datie of i~~atitan. ~3) Ban~tcy car fnstal~ency. of th,e ttall~wiug has 1~een en~~ecl is by ~ ta~ccmred with respect to t_C1I~Tt?R or eery ctarporation, shareholder ua e~tjr hasping air a co~talling iarteroest ixa C.ontractcar: ~_ ~mmaysring txl` pe~aittng 8 filieg ~pa3ia5t it crhi[h is net tti5+Cha~Tged writhin qty (S~fl~ days? taf a case ~ tatlmer groce~ethag seeking litlaid re ~i tioa„ car rather relief with respect to itself DI its thatat5 nntier ~ banl~trptcy, iasoh~e~y, or other similar leer acrQr car hereaifiet is e$et~ tar filing an answer admitting the matryrial allega~tioas taf a petititam filed against rt in air iarr ~ cease ~ rather prt~e2i~tt1~ c~pmmanc$d S~g~St it S8e1~Hg litltaidatitan, rearganixatiaa tar tither relief un~ aa7i• ', instxh-euc~g, m other similar lase atyv~ ~ hereafter as effect vrith respect to rt cx its t~ebts; cx coas~eaating tca any such relief ~ to the ant crf ~ taking pirssessioa lry any such caffacBal in aay s~alaatary rase cir ath,er proceetliaag t:ommeated anct it seems a titan, reorgani~titam; or other reliefamder any baml~Ftcy'; iasoh~; ar tat6,er siusilar la9r n,aar or herereaftea in effect with respect tca it tK its. dew: b_ ~+eeking trr ~ the alapointm,ent taf a trns~bee., receis~, lignicla~ar. cu *An car rather shnilar taffit~al a~f rt tar any sn#staatal part of its ass~e~ts; c. llSakin~ an assi~nt for @ve benefit of aeditars; al_ Failing big ttnsble, tar adaauttin~ in th,e iffiErilitg~ generally to laay its clarets or obligatitaats as tiaey bet:4ane due ar failing to r>santaiiu a gcasitite net Borth seed saarlx atlclifanal t_aptal. and liquidity as is neastmalaly ade~tate ar nec,essasy ~ counecti,on vrith +G{R.A~CTf?R's e taf its tabliiga2iarsas ~tler tl~s Gtmtrst~ ~r e. 3'akin~ any a~cticaa to anthaaae any of the 6Erregtaiag_ T~ I~Ep~R.TA1lEhl'i"s right ~a fiermi>1~at~e this Contract shall in. additicxi to and n,cxt eatclusi.~e of other remedies a~ au~~e to the IItEpARTMENT, aacl the DEpi4ItTNJEt~l'f stall lee eaatitled to eaQrcise away other rights and pncstee a~ reua~edies, izo law, st equity, tar other,arise. ~.~~, T Eck cf Funids orc GLan~~e is L;au€. Nta+rn iths~d anytls~in~ is this ~~traat t€a th,e tta, th,e I)E;Pr''LI~T?~~I~T shall hati~e th,e right to tiPrmi~++I~e this ctaaatxact with,ottt ~ bry pr~~~ tea ~1~~ days ~vritloen atatice to the CONTRA~'F~-It if any of th,e fcallca~ring ctanditita~as eaist: a. The legislatu~ m fsa~ is the soha tapimm~a ta+f the DF.spARTD~N'1` to feuds ~fitsent to allow the D~EPART'4~Et+lT to either meet its ~ uaadier dais Coturect car rocs ~ ass ~ and to inlfall its tabl,g~tions aaader this, C.amttact; or Effect{ue t]cDaiber 1, 28 b. Ade~gnate funds are cla-aggruPriated, reda€ed or o~-t al3cncsted ~ a~:ai~sb~le or of frmds needed by the DBpARTNJI~TT: at the I}>vF1~RTlViF1I~'T'S sole d;~raria~ are iasuffici;~t faa~ any reason:. c_ The DEPART:-dENT'S aatharizetioa to operate is ~ithdra9wn or there is a material al~ratiom ia: ~ Pr'n~s ad~oiaistered by the DEpARTlwiEh'T ~. The DEPAR~'S dates are substamiatLy modified (.5) Go~nSict of inte3~est. 7n the el-ent that the C4~ld'I'R~iCTUR is prat~ea to have a conflict of ia~rest, as d,efia~ecl is sectaan l0 oaf this contract; the DEPARTl~h'T shall ;mm~e+distely termm~ate this Cdit~'aCt. d )h adtiTteo'~ the DFFART:+-~ENT u~}' term;n~ro this Gttntract ef6ectin~-~e ~*~ediately ~ithaut penalty' and ~itharu ad4~ce aotioe ar op~+ort~ity to rare fcr any of the fa~llou'iug reasons: i GDl~"'IRAGT{1R fiuaish,ed en}r statem~eat, repR'esentaG;oda Svsa'silt}* or certificatvaa i$ tomtiectEOa with ties C-amit^att, the RFF or the Psal that as false. de~cep~~e, +or materi~a31}' iutcoatett a incumglete; ia. C4?2wiTF,AC74?R oz any of GC)NTRACTOR's ot3,cers~ directors, en3ploy}ees, agents, s~sidiaries, affiliates, contzac~oors ~ st~i~cantracruxts has commitbesi ar exugaged in f'raad, misappmprietioa, embezzlement, malfeasance, misf~sa~e, or bad 4 m. CC]I~TTRA~CTOR or aay parent or at3rliate of GCI~TRAGTOR o~araag a coatro 1;n~ ia~rest is C't}IvTIRAGTQR diss~'e5; iti _ Ci)I~iT1~AC"TC1R terminates ar snsgends its busan,ess, r. C'tINTRACTCIR's corporate e~ristence cr ~~ staadug is Irra a is suspended terminated, revoked or forfeited, m aaiy titease ;xr c~tificatoa held by G€~h"I`l~C7t?R related to- CC>l~ITRP.GTttiR's perfoamamce ,der this ~°-a~act is ~ tezminated, revoked, or faaf~red;; tit Gf~ITRACT{lR has failed to cQmgl~v Frith any applicable aaternataxnal, federal, state (iachrdiag, bat not litffited tc+ )foss t'ode cLapt+er : or local tours, vales, ordinances. regntatioas ar orders whew gerformia~ 9rithin the secrge of this Gomrac~ ~ii_ Th,e DEp.A~RT21~~v"T detinrm;nmc ~ believes the GURsTRA~7t?R has ffi€~€~ is cona~ct that: (a~ has or may expose the DfiFARI">ia2E2dT or the State to material liability, or (b~ has caused yr may cease a person's life, hearth tar safety m be j~;~; ti'iu_ GOl~"IRrLGTiDR iafiinges m allegedly ia~isgm: or t~iotates any gaoeivt. Grademariz, copyright, trade dress or any other iatelte€iual property' rift or ga~op¢ietary right, or Gt}14'IRACTDR msapprogriaDes or sIIeged~y' misapgxtopriates atrade secret; iiz C~Q1+Tl°R.Afi'TClR fails ra con~rl?r with aay al7plicabte confidentiality lags, grit lays: aQ nay gro~sions of this C`o~isact gertaining to caafid~tiality a grit acy; or e. Iu rive e~~enr of terminatic~a, the GCiQ+TIR.t~IGT~ shall be reimbursed by the DEF,~TI->Zg1+-T vnty for those allowable costs iucnrred +ar encumbered ug t8 and inctadiag the ~rmiaatiom date:: subject to the continued a!railabv`Iity oaf funds t4 the DEFAR'f'hi>~iT. Loa receipt of ice of terminaticm the CCJNTRAC'TOR shall cease work ender this c{mire~ct atui take a~ aecessavy cxr aggregriate steps to limit disbm~ements and +n+~m;~ cc-sts, end shalt fmaish a report 9rithia thirty (30} da}~s of the date Qf nati,ce of termination descr>biag rive sterns of all ewozic pier the co*+*~t. The GONTRACT{~ shalt also +*P+~+ed~tely cease nsiag and retnm to the D£PAR~ eay personal property; egiaipm,eat, or mat+~rials prm-ided by' the DEPARTME2wiT to the CtLfNTR..4GT[IiR and shaft retnm to the DEPARTTT nay payments made by the DEPART~vfENT for sez«tes Thai ~rere ~t rendered by the G4Ir'TRACTt3R. In lire eteat of bermuatic-u, the CttNT'>~ AGl<'QR awes to deliver such infaa and. items urLa,ch are drue es of the date of termiaatiaq iarladiag but acct Limited ~ partially completed pleas, cirawiags, data, documents, sm~s'ep's, maps, reports„ and models. The G4DNTRAGTOR shall a smoorth traae,itioa of sesc-ices to cliiemts, regardless of whether this contract terminates. prior to or upon. the esgiratiom date of the cextrtract. )f# the Fictive tktuber 1,li}tf4 1Q 29 ~Olv?IRAt`TQR fairs to ¢+~~~ a smarrth tramsitirsn of senues to cheats, tine DEP.r~iR,Tv?' may, at its sole discretion, glare the CQZ,c'IRAt~'T~C]R oa its list of tanhactxtrs barred fican into say taatrstt s~rith the DEPAR.TMEN'I' and immetliatiel7r terminate all sitter then esistiag tantracis betureea the DEPARTI-{HNT and tam C:DI'.TRt~CTC1R. p'tasnant ~ s~ssectcon 1P(f~e The ~C1NTIi,PiCTQR Shall catfgeIa.'Ge >m g+aod i~ith 'R'Itll tba DIrPARTb~iEN'I' and Its emglo7~•ees, scents amd tontrattcxrs dating the ~ansitiaa genr>d beta;eea the arttifuCatiaa of ter~~tiom and the sabs~titiatian of a~ reglatemeat ser~vice grrn~id~er. 'Ihe C431ti'TRAt:°I't3R shall immediatei7r return to the DEPARTMENT any payments made by the D£PsiRTl4~Rl'1" for Ueii~eraid~ that were oat rea,c~ted ar grat7~ed bir 1rQNTR4CTfJR. The G02d'TR~~C'1'i7R shall immo~fiieetg~y delirer to the DEpART?wI6NT say and all 17eli~era3rles for urhith the DEPARTP-~t~TT bas made pa}'meat (in srrho]e or m P:art~ that are is the gassessian ar under the toatrrrl of true CU2~1'PF~AC'Tt9~R or its ageutg ar snbcantt$ctoas in vrhate~°er stage of dst~elopnaent sari form of recardatioa such prt~perty is expressed a'enzba'died as-that time. ~_ Should this tantratt be~ te~irrabed wader subsectiaa 19~c)(1) (`=Default by the C~+ITR.~CT'tDR~'j ar cnix~timg 19(t}(3) ('~H ar Iusc-hency ~ of the CDl~"GT'K7Rj, as should file ['QNTR~~C'Tt]R fail to eusna~e a sn~oth ttansitioa of sen,°ites ~?! cheats as regair4d by snbsectiaa 19(e}, fire DfipARTA~><€l+TT maiF: at its sole discr~erian, pate the t/E)h°TF.ACTt~R ~ its Iist of trra~actots based from eateriag late asp caattstt with the DEPAI3:IbJffsNT. Suth giacemeat chap be pe'maoeat ar far ~ inde5noitie period of time with na prrssdrility of reins far a f~.sed p+~iad of tiaae, at the sale distretioa of tb,e DEp,,~R'3'14~NT. The DEF'ARI' map alas, at its sole rliscretiion., mmediatei~• ups*+~+*mte all tantratts betsreeIl the DEPARTMEl'~'T atui GD2~'T1tACT{)R if the GflN.[1~ACI`€7-R is glared an the based list of conirarMrrs_ h. The DEPAR'1'I4iEh'T shall sat be liable far the falla9ring fasts ar e3tpeases: mnez~loy>nenr campensatirm; the of wcuicgrs' tompemsati,om Claims, which rxtm daring the Caatratt ar eactead boeyond the date as which flue ~Caatract term+~~~s; say casts incurred bey Gazmattr~ in its g~oraaan+ee of the t=:at, iathrditag, bat wart limited to, startup costs,. a~*erhesd ar other trysts associated R th tb,e gerfr-zmsace of the C=oatratt; ~~r damages air other amaQats associated rrlth the loss ref graspetti~~e profits, aatiagaued sales; gvadsrill; or fur , iaE~'s~]ent5 ar trnmmitmm~rtc ~~ ~ tatmectian A1th tbss +Contratt; ~X taxe5 ~antractai acay owe in connection arith the p~erfarmaate of this Gonhatt; inrchediag, bat mat limited tr-, sales taxes, excise ta3tes, use taae~s, mtIX~e ta2ie5 ar ~ taXeS. i. 'The DEPAAr-~+TT' tesen~es all admalsttati{~, taatrattuai atai legal ~eatedces ~arhith are a~,si]able cn tine e~-ent that the CDNTRACT+dR ~ialates m breaches the terms of tbds toattatt. la the e~,~ent that C4NTRr1CT(!R auras thou I~EPART~~."T ar the S#aue an}~ sum nailer the terms of this t~oatratt, air other taaira,et or agreement; pnrsttaat to a ~adfinent, ar garsuammit ter aay lair, fire DEP'ARTM>~tI' ma}•, im its sole discretion, set off any stxh aura against: (l~ say stmu. iav+uited. b}•, ar eared ta, ~lN'I'R.4~'Pt)R this tJnatract ar ~~~ say s~ ar amount aired by the State to ~C1IVTRACT[9RT unless otherwise reguared by lair. The C{?t+,'TB.ACT[~R agrees that this pm+.-isioa tanstitaees grager sad timely notice wader aa} applicable lairs l~~r~ setoff. 20_ Im~dca~ucahaz The Cf1NTRACTtDR and its sn<ctessars and assignees s,gree to indemnif}• sad bald harmless the State aFf lairs and the DEPARI'~+1~NT and its officers, eatgla}~es, ag+ears, and ti~alnateers fraan sa3` ~ncl..all liabilities, damages, setdernents, Ala taste. and expenses, incbading the reason$ble rahre of tiaue spent by the Attrxtaey General's +DfSce sad flue fasts sad exgeases and reasrmable attmneY fees of vthet trnmsel regained to defend DEPAR'Ii1~IEN'I' m the 5ta~ of Iowa, re]ated uo ar arising from say of the 6alla~aruag: a. Aay ~•iolatian ref thss camtract. b ~* ~gti,g~eat, antead.~al, ar uxaagfnl a,ct ar amissirra of the C+D2~TF.r1~Tt?Ra its affiters; emgio~rees, ag'E'IIt5a board me~mbezs, camtractrrrs alt subtaatractcus, m ~Y atber P~~ m tann~acFitrn 9i'itb this p[ayect. l;i~et'ttVe Cxtaber 1, 11 30 c. Any of ~ pat~eat, trademark, trade dress, trade se€ret: ctagyrie~-t: or vth~ iateliectnat Fr~~' rift. d_ The f'{SI~I'TRttR's performance or attemptt~tl. Pie of this caatract_ e. Any failure ~' the CiDNTR..4CI~R to comply ~vath all fedetai, static, anti local laurs and regutatiags. f. rlny failm-e by the C`C1P+ITRAC`TiC3R bo makke all reptrits; , snd a~ithholtiings retluired by fetterat agd state ls~r wi1t~ x+esgect to sa."-caal senaii}', em}alta}~ee inccmae, nad ether ta3oes, fees. ~ caste re,quared 3x} the ~~2+F'I"'R~i~;'fCFR to caaduct basia~ess in the Smote of Io~ara. g. The d~th. bodily in~aty tar damage ~ grapexty of nay wnrollee, ag~t, ~r].a'y+ee: krvsaness inx~tee or busibess t~isiDor of ~ Gtld'+TT'RAiCT~t3R or any taf its sabcantractars. h_ ~} failure by the Cd?NTR.AG'T+~7R to adhere to the coafittenraali#y grtasoas of this com=act 21_ Gtras~rs sf h'.rtr Persoaael The ["+DI+~Z'F.~L~'~'~R's perssanel sgtycifted Ery aaate sad titEe is cle ffi taf tlse age +Ca¢a~didons ~e camsidered tta be e~seataat to the vrodc tat serg,~es being perforaeetl. If for say r~stan, c,~tKrtrai,aa ar etiminat~icaa of a specified iadis~idtrat becomes ae~~essat-yr, ttie ~G(~h'IR.AC'TC)R shall gr~ad,e smitten aati6icati~an to the D~1~P'A.RT1l~iENT. Such ~zattea aotiftcataaa shalt ia,rltacle the sncc~sar'~ name anal The +C4NT'RP,"C:Tt}R shsil notify the I7~pr~LR.TAdE2d'I' is writing A*ithia t~ (l{I) wtarl~ing days of an}~ change of tCe~y lat=rsrcxao~el. A ctrpy taf the resume far a director hired durizrg the cta~se of the contract shall also tte seat hcs the D1zpART1~"SEl~t'I' Rthm flea (I ~ days from th,e date of hire. 22_ As~at!at s. Thin contract shall not tae assigned, tra"~~tt~ m caa~~r~ad is wilote or in gait ~-the C't~2+t'I°R~.~CTQR to am~~ third party ar partt~ 9rithe~rt written appro~~i is adt~ce by the DEgAR'Tl~iElti°T. The II~EpART?x1El+l'I.' resext~s the right m mt ctratracr with a 1a~ cvatracitar. b_ A arittua agre~emeat Frith the Ct'12~TT'RACIUR to xeliatprish aft right to th.e pmaject,, ara+d a 9rrittien a , m,anr with the acv eoatrat:tor to acct all.. tht, ita;ms sad co~udatiaas of the ctaattact shall tae s~amittett to azrcl apgrtn~ in writing by the IDF,PARTt~il~'T grior to the date taf _ 23_ ~'haea<es is Locataeii The DEFART~iEIti"f` shall bt° ntatif~d of say cijsag+e ~ t>ffiee or service lot:ati,un from that sho~arra. in the ctmatfact at least tea ~ltl~ ~vtarkirtg day s lariur to such chime. ~d_ ~G'es ig Srrvicr ~~aanges im the sercices to be grn~-ided by the Ct3N~'RACIU~R as ovtli~ed as the cwt ret,~e grior ~rxitttm ~ fay thR I3(EPA1~TI~EI~;'I. I?iscaatimratitm oaf nay service may result in a dt~ense is the ca~act amtnau ar of the comtrac~t. 2~_ Rrarraat~s a iGtrastru~o-i of R'arrie~s Ezp~ressad ~ t>tis ~Cnztract >~ 'OU irtaetibes Iaplie~ ay L,nrr_ L~aasluaes made by the t'f7~NI'RAG`T'C~R in fleas CtmtraKt, ~rlrether: (a~ this Goa~act sp~ecificslty denominates the GOIv'TF..At<TOfR's promise as a arauatrt3 or ~~ the u"aasruy is t=ented by the ~'tRa'£R~4['TOR"s tar promise, by s destxiptic® of the I~li~ eratales tea tie garrti~ided, or by proiisi,am of sarapl~ ~ the I~-EPARTh~1T, F.t~ctirre Gctobet 1, Z~ la 31 shall oat be Goastrued as ~ tar aegatiang am}' >acauranty prtts~ded by last, ~ wishnctt limitasiaq Mies drat arise t1rFa~gh t:taurse of dealing tar nsag~e of trade. °F'he warranties expressed ~ this Cta®tract ame iasended aaa modify the warranties d txy law ' nc>~ the esUeot that they expand the ~rarra5 agFSita'bie to dre I3elirerables pra*.l b3+' the ~`~~'~'t3R. The pra>P°isans t>f this section apply daariag the tierm taf this slontraGt and say ess~easions ccr removals theretaf: la. +~UNT"R.~+i~CT~R re~-resenis and waal<anss that: ~i] ~ Llelit~rables shad be wh,©lly arigiaal with and Ex sorely by +G~31~°'f~i~'T~R +or it a>~ns, possesses, h,~~ds; and LAS x~ceiv~ed ar sl all rim, pests.. ~T'fll7Ssitrns, licenses ai'id ~tharity n~etessary tD protde the Deli+.~erables to !h@ ItiEp~Ft'TItifEP.'T heneuurler and tt! assfga, ,g,~sart and tam' the ri~a benefits, licenses .and other ruts assigned, granted or taas~~d t'a th,e DEPAItTbrlEENT here~ler tar uatler aa~y license a relat~ec9 heaaeta wt6,ant ~ ate' rights taf air third pairty; (ii) Gt?I+'r1t.~LCI'€]-Et has not gre~;lt>usl~y and will not grant any rights in a~ I)eli1 stables ttr ~3'' third parry mat are iuctt7rsisteut with the rights f~~ to the I>sEFAR'l`?1T harem;. and (iii the I3aEFA.RT]k+lEt~TT shall peatefnlly and ha~:e~ hold, pt~.sse55, use and nnaay tb,e I~eliti~erables R°itltaut stilt, disrog~titart tar iubem¢lttian. t. C'a~N"fRc1CTaCDI~. ~~ and ~rarxan~ char. (i) the Lleliti~erables Viand all tnapt7~r,.~1 praperrl~ tights and proprietary rights ar'=~ tisrt a£ ttiied i1-~ oar related to saech Dweli~bl~); anti ~ii~ the I~F~P,~.T~T's nse taf, and eaerr;~ txf any rigLt.s with respect ua, the Deli~~erables (s~nti all iatellecmal per' rights and Fto'P~~l ~ ~ ottt af, ~badied ia; tar relatett to such I?~e]i~eraktl~}, ~d+o nat and will. >~t, murder nay rirr~~rnstn~es; *,•?"saa**-~ a tra~d,e secret ar anfrin~e upon t+r 4~alate amjr topyri~t~ pate: ~: trade dress or other ints+'1lartrlstl per; right, proprietary,* right or gers~ainght trf nay thud party. iC't7NII~xCT'+CxR fuati~er nepreseats and warrants shece is na peadiag or dar~euecl claim litigati,an ar at:tivn that is bast>il an a claim mi g~+ti~ of infringement or tlolatan of as ~tellettnal property rigbtr pragxietary righs ar Pte' ~~ m `~'~ of a tra~3e se~eret nels~d to idxe D~liz~rables. GDl~i'ITL~CT~R shall inform the DEPP-I~T'14SEl~T in tarritrsg 'at~eky ulron becoming aware of any actual.., potential ar threas~e»ted claim of ~ reuse of arctiaa f+tar iesis~~elT++ ar 'a-ialation or su. izrbellettuai grtaperty right, grtapzietar~• rghi ar perstraal right ar mi~sappmgziasion taf a trade secret. ~ su,ch s t:laim ar cause of aGtio~n arises tar is la~kely to arise. then C~TI'I1..4~Tt]R shall, at the DFPARTI'l"s request earl at the C!dNTRAt~T4Rrs sale eapt~ase: (i`} pra:at~se for th,e DEp~RTE4fE1~ti I' the right tar lGta~e t© consimte to use the Dale at issue; ~u~ re~alaGe such Deliverable >arith a y eetnit'al~t or sctpeci,tar I3ieeYiverable free of any soh infringement, xiti~titxi or naisap~pro~priatitm; ~~ ~+ ~ ra~laGe the affeGt~ed partidaa of the Delserable with a ftmt:titaaally etpzi~'alen# or s~eriar Iielit~erable free of arty such ~e fr~~me+~i ~~ialati,ctn ar msapp~napriatit+n; ua' {n'j accept the retaarn of t4~e I7eliti~erab~Le at iss,~e and r to the DEFARTb+IEl+iT all fees, t-iaargtbs and a1a~y other amounts paid by the DEp.AR.~'b~l~N'l? w~ respect to such Delis7etsble. In atlditiioa, GG1p~'I'F trit;I't~~ agrees not ` ,defend, protet:t and hold 6arnul,ess the Mate earl its a~Gers; directors, ennpltayees, officials and agent as prai-ided ~ the cater sett>,omc of than {Cantra~cs, it~,cludiag fiat any br~ch of the represtmtata~ asatl warranties made 3ry GCI;NTR4CT~1!1~ in this settioa. I'he ixaregoimg remedies shall be in addition to and nkat eatlasiti~+e taf other remedies avaailable to th,e DEFARTI' and shall surs°itre termination of this ~tantract d. C+t3tN'l'7~e.~'T~ relares~ts: earl warrants that the I3elit~er'ables din vrhtrLe areal is psrt~ shall: (~ be free from material Defitaeacies; and iii) meet, conform for and. operate is accardsln:e wish alt SpeGiStcasitans and is a~GGOtxilance srrth this CorttraGt dnriag the '94 aaattasy periaai, as defizred is the Special Igrms_ During the ~1,'arranty Fezkad C'Qt+i'f'RAF, shall, as its espease, repair, cta~ect tai rep]aGe any Deli,~etable that tantaias tar ~ es material. I~ef tsenGi or fai3s tie meet, t:tam5o-mm to ~ taperase in acGOrdant:e >arith Specificatitams 1~ iihia fr4~e ~a~ irnsiaess days of retei~s~iag acme of saych I7~eficiencies or failures from. the DEp'ARTIT tear wrth~ sorb rather period as the DEP.P!`RT3'~h''I spetafies is th,e raratice_ in the ez°ent CtJNY']~CTCI~:s. ri unable ttr ne~padr; Garrett or neglace such D~elis~ble to the DEp1~RTbrl>~'NT's satisfattitm, C£INTR~i~;Td~F~ shall refund th,e fees ar other amataunss paid fear the Delis*erabie:s anti far nay sen3ces related thereto. The faaegcaing shall not comstittrte an eatlusive zeme+dy Wider this Garntatt;, amd the T)EI}ARTI~,tE2~T shall.. lse entit]ed to pursue any other' a~-alad~le ~~, legal ,car egniiabie _ C+Dl~I1t.~~'T~R shall be a~-ai~lable at all. reasonable times to assist the I7fHP'~iRTI~ with gasestittzts, problems and taaterns abomt the I)eli4~erables, fi[p inform the DEp~eFt'FITT promrptty of amy known Defiacis in nay Deli~~erabbes, relaair send ccrrett aag~ I3~~elic enables oat per6o~ag in a~etortlance with the ~r des Go in this contract, aiL~±~+~*-g that sash Deli~+eratsle may has~e been E~ctive Clcmber 1, 3:{3{14 13 32 ar`ceirbed by flee LIEFARTDv3ENT~ encl. Pa's the L~Fr1RTbr~2d'l' with all necessarl° matarLS with rasped to such mp'~d ar t:oarectecl. II3~eeiterable. e_ C`QlrtI'I~ACTQR represents, t+~rarrants and c~o~reaaats that all sen-ices to Ere perftarnled tmd~er title C~trract Shall E-e la a prafessaoaal ctanrpeteat, dtlIlgeat encl wtu~nanlIllce ms~nnar ~ ltntrwledgeable, traitIlied ead 4~ perst~eaa~el, all in accordance with the tgsms sad Sgecifi,catians of this Gcrutract sad @me standards of P"~ce ctmsitl,ered generally actaeptatale im tl~ indast~ fvr similar tasks and pmogecfis. In the aErsea~ce of a Specificaticon for the ~rfrx~vis~nc~ crf eII!t portion crf tl~ Contract. fire p~arti,es agrtse that the applicable sp~ecif cat~aa shall Ere the generally acct~ted ' standard. 5o brag as the DEPr~RTI~'I ratifies C>aNT>1~4.CT(lR of a~i sert-ices ptuftaamred im ~iolatiaa of this standard,. Cah'TRACTI~It shall reOrm the sues at no cast ito the I)EPARTZwiENT= Sash that tht, seIllit3e5 8I~ rendered IIi tht± 8~a;'a-csarifisei C, yr a~f the C42^~"TR..,'~~'E"~1~ Ile an,aEde ntr perFtum flee setvues as waaaated Ct3h~T3?ACTOlt shall r+~mbarse the 1]EPART'T any fees ~ compensation paid tir 1~iANTRAC'T~R for the ansatisfadt+rv Sersaces. f ~"t}2°ITRACTOR repmesents and watx~ants that tlt,e ]~elix~rables will campy with atr}• apirlicable >bederal, state? ftmeigta and local lawS~ rules, regulation, codes,, sad ortliuances in efft±ct during the term of this t~cutr~t, applicable prtYS•isitnIlS of Sgctian s0i; of the RehabIllitatitrnAcr of lp'~3a as atcresded, and all stsadartis and regtdremeaiS established ~5+' the Arfchitecteval and Tistssgcrrtation Barriers Acc~:s Baaxd and the Icrara of ¢Lticniitistratz~ S~eit~ices? ~fo¢mation Techa,alogy Enteiprise. €. li~tisns t~rricd to Third Fart>~s. The C°al4'IRACTI/+R represtmts and warrants that all oErligadans owed ttr third parties tsrith respect ~ the aciic~es caat~ernglated to be n*`alan*ntron by the C(?i~iT}Z.ACTC~R gtasaant m this Coatrad are cr will Ere fuEl3r satisfied by the C{l~.'RACTUR so that the I7EPARTlwffi~'T t+rrtll rat hati~e any abligsdtms wide respect thereto. 26_ contract Adrauisira~ae a. )nti~3idity_ If say pron,-ision of this ctratrad is in contiict with ~y state ar fedeta law or shall Ere declared ter be in~~atict by any stagy ar federal wart of record., such int~al~iit}• shall affect Daly stxh portions as are declared ias-alid os is camflict with the law. Any r~~;m++g portion shall c to Ere in effect. b. States of Ci?NTRA['TCl1~. The NTFk.A~CI`t)R shall at all times be deemed an incieependent coniracflor_ The ~+~1'~TFrt~: ftER its +~mpirryees, ageatsa and. and snctiars ~-*~*~!*+--?rte under this cantract are sot easprlctyees of ag~ts crf the State of Iowa ar s~ agency, d,epantav~t, ar ditsioas of the state. The C~lv"TRAC;TQlt shall be responSilrle for all its wit3t]mldiag teases, soul secirrit3r', unemployment ~rtra3cer's cmr+~ nation anal curer ttaes ~ shall hold the DFi~Pr'~.RT' bless for any claims fbr store. Zf th,e COl'~.'TRA~C'1'~Ft is a a~on~rofit ai~aaiY.atioa or affiliated with a ,~°eraazeet argan~stic~ t}se !C{)N'TR.A~CT~I~ shall file all Iequired stage and federal reports tar ma;~ata;n Crldt9 stataas. c. C"cmpliance with the law. The t~ClN'I'R.t>LC'TOIt, its empl~ees, agents, and subccrnttacttus shall campt3 with ell apgalicable f~A ~, s~t~ate, and local la~ars, rale~s, ardiaaucea? ne,gtdatians; and vTders when grerfa~g tier t~rIlt and S~er~zt:es artier tins a~mant, including withArffi iimitaiion th,e falltr!w'ing: Sll laws applicable t4 die prev~eation of dist~ation in empkrym~t, all lafwrs apirlicable ur flee n,andisctiminattar pmtsian of s;ena,cces or Ereaefits, all lta*s agp3icable to acc,essi~rilitl• of iut~ities, and all. lags applesable to the use of targeted small Ernsinesses as snlacontractors ar ~. The t~ClI4TFIACT~OE~L its erupla~es, aE~eats, and suErctmiradars shall alas txrmpt}° ttrith all federal, states anti local leers ;+~a basan,ess permits end licenses that rna+~ bye regaitecl ter ~rr3' cut the urerric and sen-ices to be perfarm,ed trader this agr+eem.,nt The Ct~TTRACT{IR mt~ Ere retlaired ttD submit its affirmance scalar plea LQ' the Depa¢tn~nt crf Zwi tar comply with the rugiurements of 541 IAC t:ha}rt+er ~. If all or a ptrrtiots of t~ fi®cling used to pay fior the I3elic~erables is being pm~~d,ed thrcra,~ a great frtras the Federal Gct~n.na„r, ~>v11`d•I'.RA~'T{3F atlcn~owledges an,d agrees hurt pursuant tar applicalale federal laws, regalatitms, er,c-ut,rrc and bnlletias, the awarding agent:y of the Fet~ral ~mt•e~t resertes certain rights iat:lautiinga without 1;,n+~+~++ a ra.alty acre-eaecltasit~e and irre~Er]~e licaase to >;~prodlr~ea pntblGish ar oth,~-se nee, sad to a>trhnrrae atherg to nee, bar Fedt~al r.~,p~inrr~..,.anr pKUpcrses; the I]relit,~erabtes det=el~ed uad~er this 33t~etttve tJctaber 1, .3:13119 l~ 33 nitract and the Ti€~ in and to such I)eliL~erables. CQI~TRA~~GT~C?R shall awe pracurem~t procedures that c~+mg1}~ nth all a~a~ucab~e fedietat, state, amts l,~:al laws sad regulat~a~. d_ Not a fstizrt 'teentir<e. Ncrthiag is this contract slkall be constraed as seating or co~~++~~4 the relati,csmishp crf a partaeiship os j4iat reat~e between the parties here. Each party shall. tke deetae+d m be an itutependent coatrac~r ac#iag irvarard the tantuai benefits espected to be derii~ed herefram. Nt- pamt+}, unless othezckise spedfically gro;mod ft--r heseia, ]~. the authority na enter into any contract ar a~eate as adkligatioa or 3abilit!v oa behalf ~„ in the name crf; or Briadin~ boa aamtlarss party to this c~atract. e. Ivint EatitK. Dthe C4lv'TFtAC'Tal~ is a faint entity, consisting of ~~ than. o~ iudr4~drral, FOP, coap~oration or outer business organiaati,oa, all such entities shall bye jointly sad secetaliy liable ftar carrying asst the actit~t~es stud obligations of this cotrtract, sad for nay default of sack acrnrities sad oi~ligaticxis. f. choice of Law and Fortmt.. The temps aad prosisioas of this contract shall be c~mstrned in accordance 4rith the laws of the State of I,utra. Aay and all litigatiom or actiom. c is cos~ctirtn with this contract shall be brottghit in Lies hfoines, ?,owe; in the Iovra District C~ourtrn and for Folk ~o~ty, Iowa. If; howe~~er, jurisdiction is ant proper is the Polls Conaty District ~onrtr the action shall only be broaagLt in the [Tnited States District ~onrt for the Sannl~m District of Iowta, Cetttzal I~itisicm, protizded fleet jm~isdkirtioa is grasper last that fxttnta This prati-isi,oa shall not be construed as wsi,.7ng asy . oa suit or labilitlr that ~3' 6e at~silable to th,e DEPARTb~iENT or tL,e Mate of Iowa. g. 4~ais`•er_ Exceprt as sgecificallji prosddred far is a written. R•ai~er signed ~ duly authari~d rep 't,~es of the I?EFARTtv~T and the ~C"[71V'fiRAC'fQR, failnne bay either party at aa~* time to r gerforazan€e 'ta~g• the rather p~art3~ ar to claim a bt~eafh of arty pm~Lasa~ Hof the €oniract shal3 sat be construed as affecting any subsequent breach txr the right to require perftum~,re wilt respect thereto ~ to claim a ba~each with respect thereto. h_ H~uln~s or captions. The se3cdoa and subsection headings or captions are for id,erttificatioa gmposes Daly aml do ~t limit ~ coastr'ae t>}e c~tamteats of the sectioms sad. sabsectioas. i Supersedes former i~cvatracts. This contract snpersred~es all luior contracts bet~reen the I'~EFART'!fdlEl~'I' sad tlae l='QCT4R fCrr vrad~ sad sen~ces grc~z is ctssmectc~a ssith dus c~oa~tract_ j. i~ armteyarts. Ths parties agree that this contract has been or may be eaecnted is several { each of iuhch shaIl be decated as original sad all st~h cexiIIterparts shall together constitute one and the same instrument. }c_ _ This agreeamnt tray be amended is wxtiag ~ mutual cemseent of Hte parties. All ~ bQ this agreement mast be fully executed by the garties. t. Fnte~rati;aa.. This agreemffit regreseats the entire agreement betureea the parties sad asase of the panties are relying an say represestatiaa that may hax'e been mawde w'Lich is not iucladed in this ?sm'+r- m. Dbliaatioas be3*amd corttrsct team. This contract shall *~-~;~ in fuII fiorce and effect to the end Qf the ~;fied term or natil terminated m caaceIIed pcvsuant to this contract. s"LIL o~l?ligat%ans of true I~EPAR'~I sad the C~~t'TQR iacarred or eaasting under this camiract as of tike date of expiration, terrniastioa or cancellation shall srut^is~e the tern+~TM+~oq expdratiom~ or coaclusdaa of this corvtract. tt. Autborigati~oa. Each part3* ~ this agreem~t represetrts and srasrsats to flee rrther parties tlka~t it has the ri}tt; Po'x and authorityr to eater into and perfoaxn its obligations under this agreement sad +flaat it bas taken all Site adios Lm a~rase tosecudoa, d,eti~~ery, and performance of this agr~meat, sad that this ageemietrt ~nn~++~~ a legal. caliRi, aaci binding obligat~a upon i#self in accor+daaee with its tersas. Ef~ctitae t?ctaber 1, ?{at}9 ld 34 a_ Immmriry frcmi Liability Every person who is a parry to the C'amtract is hereby aatif ed and a~ees tlsat Hie State, th,e I~F.p.PiR`TlaiE1~I, anti all of their empla~•ees, meats, successors, and assigns are ia~,e from liability and writ far ar from CC7~af;R`s amd,°ar subcontractors' acti~~iti,es ia~ altiang thud parties and seising from the ~:antract. g. Pbblic Records_ Tire Lsa s of the Statie regrrize pzacirfemeat records tta bye made gublu ar~less otherwise prat~aied b!' is~rr. q. Taxes. the Smote is esemgt from Federal eat~sse taxes,. and no payment will. be made far any taxes lec-eed €xi Gantractar's employee's wages. Th,e Smote is sse~mpt fiyrm Stage and local sales and ri#e tales oa the Deli~•erables. 29_ ~+(~NTRA~.'Tt)R's C~~ert~cafloa rreardi~ 5~~..~.m.. aed I)ebarneat The CC7NTl~AGT~R certifies pmsvsat to 3l tFR part 19 that neither it nor its grirgiples are ~y disbarred, suspended, proposed ftrr ~barmeat, dec].aned iaeligrble, ar tirr excited Pram gartic~atioa in this caatract by any federal department ar ageircy. The GOf2~1'Tl.C.4GT4R further agrees to cam~ly with th,e regulations a~lemeaiiag execatit~e aa+~l,er 1259 regarding debarment and saspemsicMa. ~&. +C[1sl~iTTt~1G'I`QR}s ~:+ertrficati+aa rtEardi~ I.alb~bv~a The CtLN3'F 4DR comes that: a. No Federal apQropriated frauds ha;°e been paid ar mill be paid, by~' ar cra lrehsf of the ~t3NTRA~IC)R, to any persaa for iafluenc~g ar attempting Lc> infhreace sa officer ar ertrplayee of nay agency, a m,en>ber of C'angress, as officer ar employee of C=angre~ss, ar an emp~la}~ee of a member of Gaagress in caan,ecticrn with the awarding of any Federal cvatract, the making of any Federal great: the making of nay' Federal laaa, the ent~eriag iaoo of aay~ cooperatii~e se,}a~+*+~+d. or the e~ctensian, coatiauatioa, rene~cral, am,en,dment ex m~dificstion crf nay Federal ceatcact, great.. exam. ar coapersti3~e agreement. b. If nay ftan,ds other them. Federal appnop¢iated funds haE•e been paid or will be paid to any pers+cm fear iaflaenciag or attempting to influence as vtfacer or employee of arty agenc}~. a member of Ccsagresa, ffi officer or employee of Goagr~ess, or as employee €rf a member €tf Caagress in connection with nay Federal coatraci, grant, loan,. or caaperatit-e agreement, the CONTRACTOR shall complete end sutsmit Standard Farm-I.L, 'Discbrsm~e Farm t3 Rep+ort Lob'bSring" in accordance with its iastrvctioaa. c. The C'OIvTTRAOTOR shall require that the language of this sectiaa be iachasied is the award drs for all snbasrards at all les~els (iaclnding snbcomtractsT subgzsats, and contracts uncle: graaats, looms, and coop~atit~e a~~+*~~~~) anal that all sabrecipieats shaIl certify and disclarse accordiagtg. d_ This certifit:atian is a material repmeseatatioa of fact uptm which reliance was placed when this transactiaa eras made or eaDered into. Snb®issi,oa of this tertifi,cati,oa is a p~i'~~ke far making oz e8tering into this ttansactioa imposed by Section 1352. Title 31, U_S. +C-ode of Federal Regrlilatia~. Aug person nrLo fails to file the reed t:ertificatiaa shall. be stab~eat m a oval p~eaalty of eat less than ~I4,[lOH and not more than $10{1,41111 for each such failare_ 29_ G~NTR..4GTQR's ~Gestii6catiioe re~ardise Hralcerin The Cfl1R+R+TRACTC~R certifies that as persaa ar selling ageac} has been employed ar retained pr solicit and secure this contract upaa as agreement ar nndaTCtn~„aM,g far cataQaL~ percentage, braicerage, or contingency eaceptiag btaaa fide enaplayees~ or selling ageatg maintained by the GON~'RACTO>k. far the parrpose of sec~rrmg bs~iness_ For breach ar ~~alstpoa of this certificatoq the DEP~4RTlv1EhTT shall.. hate the right to tertnioatie this contract R-arthcnt liabr`h'tg, or im its ~~~~_+, to dethict 5rora the contract price ar to otherarise :arose: the full am,rnmt of such commission, pemc~tage, bnvkerage, or contingency. £ffective Cl~etuber 1, 16 35 38_ ~GO-lti'FR~iCT#3R's G'rrf~icatiaa aeeardiae a l)r-aa Frrt ~'s~rkalatr ?he C`+L~lv'IRAC'TiDR shall gralzde a drug ire~e ~rorkpla,ce in actordascr with th;e I?rng Fr~er'Riurlcplacr Act 4f 1488 and all aplalieable regnlati~s. Tl~ C'iINTR:~.~CTt~R is rewired #e- report ~€ cua~~etiaa ~nf earplcryees wader ~ crm~al drag statute far 6~,alatcaas otc~nring as the ~7~TRAC'TCIR"s pre!tuis~es u+r off the Ctl2+~'TF,A~CTC]R's pme~a,ses while eaadnctiag afficiai business. ~ report of a cnn4tti,arn slrall b+e made to tine DEPARTIi~iE2~T within frs•e ~(5] wag dal°s after the ~c~aa~z€taa. 31_ ~C;i~Ti'Ii~iC'TC)R's Cert~catisa $.trrsr Ez<vira~~stal Trlbxso Sow a. Public Lew 143-~'~?, else known as the Pr~a-~ti~ciren .~lct of 1+~9~ ~rtct~, re~qur~es that sno,alcin~ eat ~e permitted ffi sag parti,oa caf air isdaer facility o~vrned ar leased u+r cc~ntracbecl flu by an es~ty and used ruutiar~r crr regularly far the pr[n~isiun~ of health, day cane, early rh;lfi-nnd de~-~elapm,enit s~~i~ce~, r~cati4n ar ldtrar~ srx~s•ites to ~childres uad,e; the ale arf 18, if the sers•ces err funded by Federal pr~agrazas either dire{ily err thrrrugi~ State or local g.~o~s~erds. by Federal €~, canvaet lose, u~t lose ,guarantee. The hrw also s~alres to children's srmi,ces mat are prat°ided in indoor facilities fat err ctsd; aged, ur rnaintaised with such federal fiords. T6+e law does acct apply to cl~drea~s services pro~°id,ed ih private residences; F~'ti'~-ffi of f~cdities used for mgstieat drug or alcohol treat~it, serclcr pras~iders 9rhos~e sale scrmce of applicable Frdetsl fi]ads is Meaitcare cxr ~irdicaid; ur facilities where ~r'Ii: coupons are ra+ia~.n~r7 Failure to comply the prxrt°isiass of the law may result is the inxgc~sitiaFa of a ~ meugtarg ° of ap to ~l,{ far each t~ialatiun and.{'urr the impasitiun u*f ate a~;n;ti~~e cusYpliance um3rr oa the rule entity. b_ I'he ~CfAl*7~'F.A~•It?R certifies 8~t it wiIl cu~nply with the r~inrpmontg u~f the Art and wiIl net allu~' sm~ing within any portion. of say it facility used far the pral~si~ oaf sertices fur clra~drea as d,efiaetl ' thr c. °Ih~e +COl~17B.A~CTOR agues that it will. rrgairfe that las~na„°~e of this certi6catiaa he ' o. any sub+cexitra~ct ur sarbaward that cancains pr~lsians fcrr c]ul+drea:'s services and that all. svbrecgients sha31 certi~}• accordiugl~•. Faibnse tcti curuply with thr prarx~,icros of this law may result in true impasitiu® of a cit~al mumetary penalty of up to '~ I~tkD per rla}'. 3~_ Tubacca Fare Eavir'o;mrst I7re C`~L7ttNTF 4C"I`t7R ag~+es that it wi11 nr~+t a11t-~r smuhiag or tobacco ~ase ATthu nay pin u~f say iadaor faciliit?,~ it Leases: renfis. us Darns, and o;ter ~enc~h it Ira~s rites aunty to establish politer. ?hie 4CT[aR a~e~es that it shall comply with 1,~-wa"s Sm+okefrrr Ali Act, cuntaimrd at Torero Cade ehaptrr l~€~. 33. Comtiliaracr vritir In'rr~a ~°ad.r si>aoter SF. If tike ~G~.tract is salxjrct to thr pru~2~+aus of Tows CaeLe chapter SF, the i=C1NTR~~,GTi"iR shall. ccrmpfiy with Iowa Gale c>sapter SF with respect ttr nay subccmtiacts it enters intti€r gaas~asst to this i~uutract The CtD(f^~1TB.PI.GTCIII. shaIl fuQSrsrd ~ campliaxxe tip iriclttdigg but sat liuti~i to certificathsns, recri~€i. $u~m sabcuntra,ctors by th+e Cd)L'~'l'TU4t:~'If}R to the DEPART2riE2dT_ Effector Getober 1, a l,~ 36