Helping Services NE IA AgreeMEMORANDUM
October 13, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Approval of Helping Services for Northeast Iowa Subcontract
Chief of Police Kim Wadding is recommending City Council approval of a subcontract
agreement with Helping Services of Northeast Iowa for officers to participate in the Iowa
Department of Health Drug and Violence Prevention Grant.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
THE CITY OF ~
DATE:
TO:
FROM:
RE:
October 3, 2003
Michael Van Milligen, City Manager
./
Klm B. Wadding, Police Chief~-.~
Approval of Helping Services for Northeast Iowa Subcontract
PURPOSE
The purpose of this memorandum is to seek approval to subcontract with Helping
Services for Northeast Iowa, Inc. to provide prevention and mentoring services by police
officers.
BACKGROUND
Helping Services of Northeast Iowa submitted a grant to the Iowa Department of Public
Health, Division of Health Promotions and Prevention of Addictive Behaviors. Part of
the requirements requires partnership with local law enforcement in the pursuit of
prevention and intervention activities with community students.
In speaking with David Runyon, Executive Director, and working with our local school
resource officers a partnership plan was developed allowing police officers to
participate in three key areas. The first allows officers to mentor with local high-risk
elementary students. The second includes interaction by officers during school recess
and other key times throughout the school day. The third includes officer participation
in neighborhood prevention activities to include not only students but also parents and
other community members.
DISCUSSION
As part of the Helping Services Drug and Violence Prevention Grant, the Police
Department would serve in a role of subcontractor regarding the overtime hours for
officers to participate. To complete the partnership, a subcontract agreement has
been formulated and is attached for your review. Barry Lindahl, City Corporation
attorney has reviewed the agreement. The budget is for 345 units (hours) of service at
$32 per unit (hour) for a total of $11,000 for work within the scope of the prevention
activities. The prevention activities would be conducted through overtime hours and
on a voluntary basis for officers. Helping Services will be the fiscal manager of the grant
and would be the caretaker of the requirements for the grant from the Iowa Department
of Health.
ACTION REQUESTED
The requested action is to approve the subcontract agreement with the Helping
Services of Northeast Iowa for officers to participate in the Iowa Department of Health
Drug and Violence Prevention Grant and sign the subcontractor agreement.
Cc: Barry Lindahl, Corporation Attorney
Helping Services for Northeast Iowa
Drug and Violence Prevention Grant
lrFE~LPENG SERVICES FOR NORTHE~AST IOWA, INC
SUBCONTRACT AGREEMENT
Having entered into a contract with the Iowa Department of Public Health, Division of
Health Promotion, Prevention and Addictive Behaviors, to be Fiscal Agent for the Drag and
Violence Prevention Grant, Helping Services for Northeast Iowa, Inc., offers the following
agreement as a subcontract for services.
This agreement is made this 1a day of July, 2003, by and between Helping Services for
Northeast Iowa, Inc., and the City of Dubuque, hereinafter referred to as the Subcontractor.
The address of the Subcontractor for purposes of this Agreement is:
Klm Wadding
Dubuque Police Department
770 Iowa Street
Dubuque, IA 52001
The parties hereto agree to the following:
PERFORMANCE PERIOD
The performance period of this Agreement shall be for the period of
July 1, 2003, through June 30, 2004.
2. SCOPE OF WORK
Subcontractor will perform services as defined in the Proposal submitted by Helping
Services for Northeast Iowa, Inc, to the Iowa Department of Public Health. Services
to be performed include:
Mentorlng (police officers matched with high-risk youth)
Officer supervision at recess and trouble spots
Neighborhood prevention activities
200 hours
100 hours
45 hours
TOTAL
345 hours
To the extent permitted by law, the Subcontractor will provide Helping Services for
Northeast Iowa, Inc., with all necessary records, data, information, and
documentation required for Helping Services for Northeast Iowa, Inc., to carry out its
quarterly reporting obligations to the Iowa Department of Public Health, and will
assist Helping Services for Northeast Iowa, Inc, staff in complying with contract
obligations for reporting and program evaluation.
41
Helping Services for Northeast Iowa
Drug and Violence Prevention Grant
2. BUDGET A34D PAYMENT FOR SERVICES
Payment for services under this contract shall be as follows:
345 units of service x $32.00/uait = $11,000
At the time of execution of this subcontract the Subcontractor will provide Helping
Services for Northeast Iowa, Inc, a detailed line item budget for each of the four
general categories stated above.
The Subcontractor will provide the following as financial match:
N/A
Documentation for match will be maintained by the Subcontractor, and will be
reported monthly with the voucher requesting reimbursement for approved expenses.
Reimbursement for approved expenses may be requested by the 10th of each month on
forms provided by Helping Services for Northeast Iowa. All claims must be
accompanied by appropriate documentation supporting the claim including any
matching funds expended during the period.
To the extent permitted by law, Subcontractor shall provide uncomested access to
contract related records by any appropriate federal or state agents, including the Iowa
Department of Public Health and its representative, and to Helping Services for
Northeast Iowa Inc., and retain said records for not less than five (5) years. This
includes any financial, procurement, and local match records required for Helping
Services for Northeast Iowa, Inc., dose, out and audit.
All requests for reimbursement shall be sent to
Fiscal Manager
Helping Services for Northeast Iowa, Inc.
P.O. Box 372
Decorah, IA 52101
Helping Services for Northeast Iowa, Inc., shall be obligated to provide said funds for
reimbursement of Subcontractor expenses only on the condition that said fonds shall
he available fi.om the State of Iowa, Inc. Failure of Helping Services for Northeast
Iowa, Inc., to receive grant funds fi.om the State shall cause this agreement to be
terminated.
42
Helping Sen/ices for Northeast Iowa
Drug and Violence Prevention Grant
4. SUBCOIqrRACTOR STATUS
Nothing in the execution and performance of this Agreement shall be
construed to establish and employer-employee relationship between Helping
Services for Northeast Iowa, Inc, and Subcontractor.
The Subcontractor represents that it is an independent contractor for purposes
of tax withholding on the payment of fees, and acknowledges that it is
responsible for any and all income and Social Security tax which may be
required on such payments.
The Subcontractor a~ees and acknowledges that under this agreement it is not
provided any health, retirement, workers compensation, or any other benefits
by Helping Services for Northeast Iowa, Inc. The Subcontractor represents
that it maintains adequate insurance coverage for the commercial and
professional activities performed under this Agreement pursuant to its
membership in the Iowa Communities Assurance Pool and Helping Services
for Northeast Iowa, Inc, accepts such cover as adequate for purposes of this
Agreement; Helping Services for Northeast Iowa, Inc. named as an additional
insured on the Subcontractor's general liability policy.
The Subcontract budget and program plan, as outlined in the Proposal
submitted by Helping Services for Northeast Iowa, Inc, to the Iowa
Department of Public Health is attached, by reference, to this Subcontract.
This Subcontract is governed by the terms and conditions, including special
conditions, attached by the Iowa Department of Public Health to the contract
governing this project which is between the Iowa Department of Public Health
and Helping Services for Northeast Iowa, Inc.
CONFIDENTIALITY of CLIL2qT RECORDS
Subcontractor's policies and procedures shall provide that records regarding
the identity, diagnosis, prognosis, and services provided to any client in
connection with the performance of the contract are maintained and disclosed
only for the purposes and under the circumstances expressly authorized under
state or federal confidentiality laws rules or regulations.
This Article 5 shall survive expiration and termination of this Agreement.
AMENDMENT OF THIS AGREEMENT
The terms and conditions of this Agreement may only be amended or
supplemented by written agreement of both parties and, when necessary, with
Iowa Depaxtment of Public Health concurrence. Such amendments include
any change in the Subcontract budget and program plan as outlined in the
43
Helping Services for Northeast Iowa
Drug and Violence Prever~ion Grant
Proposal submitted by Helping Services for Northeast Iowa, Inc, to the iowa
Department of Public Health and attached, by reference, to this Subcontract.
DEFAULT
In the event Subcontractor does not complete the Services in a satisfactory manner:
Subcontractor shall be liable to Helping Services for any additional expenses
incurred by Helping Services for satisfactory completion of the Services.
The Subcontractor shall be obligated to pay Helping Services for any
expenses reimbursed to the Subcontractor that were in support of work not
completed.
This Article does not limit the remedies, at law or in equity, othemrise
available to either party.
INDEMNIFICATION
Subcontractor agrees to defend, indemnify, and hold the State of Iowa, the Iowa
Department of Public Health, and Helping Services for Northeast Iowa, Inc., harmless
for any damages, liabilities, or expenses related to or arising from the following:
a. Any violation of this agreement by the Subcontractor;
b. Any negligent acts or omissions of the Subcontractor;
c. Any failure by the Subcontractor to comply with federal, state, or local
laws;
d. Any infringement of any copyright, trademark, patent, or other intellectual
property rights.
Helping Services for Northeast Iowa, Inc. agrees to defend, indemnify, and hold the
City of Dubuque and its officers, agents and employees from and against any and all
claims for any damages, liabilities, or expenses related to or arising from the
negligence of Helping Services for Northeast Iowa, Inc., its officerS, agents or
employees, in the performance of this agreement.
GOVERNING LAW
This Agreement shall be governed and construed according to the laws of the
State of Iowa.
44
Helping So. vices for NoAheast Iowa
Drug and Vielence prevention Grar~
10. ASSURANCES
During the performance of services Subcontractor shall be in compliance with
all applicable state and federal laws and rules, ordinances, and regulations.
By signing this Agreement, Subcontractor certifies that the Subcontractor is in
compliance with the following:
All federal statutes relating to non-discrimination, including
but not limited to Title VI of the Civil Rights Act of 1964 and
Executive Order 11246, "Equal Employment Opportunity" as
amended by E.O. 11375; Section 504 of the Rehabilitation Act
of 1973; the Age Discrimination act of 1975: and any
amendments thereto.
In accordance with Helping Services for Northeast Iowa, Inc.,
policies, Subcontractor does not have a conflict of interest in
the performance of this Agreement.
In witness whereof, the parties hereto have caused this Agreement to be executed in duplicate
as of the date(s) set forth below.
Helping Service for Northeast Iowa, Inc.
By:
Name: David Runvon
Title: Executive Director
Date:
Subcontractor
By:
Name:
Title:
Date:
45