IA Department of Health Contractv7 e
RESOLUTION 414A _
A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A
CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH AND AN AGREEMENT
WITH THE DUBUQUE VISITING NURSE ASSOCIATION.
Whereas, the City of Dubuque has established such a local childhood lead poisoning
prevention program; and
Whereas, the Iowa Department of Public Health has offered to provide financial support for
activities relating to the local childhood lead poisoning prevention program in the City of Dubuque;
and
Whereas, the City of Dubuque will provide environmental and medical case management
of identified lead poisoned children in addition to community outreach and education on the
problem of childhood lead poisoning.
Whereas, the City of Dubuque must provide medical case management for all lead poisoned
children in the city, and provide community outreach and education; and
Whereas, the City of Dubuque will enter into an agreement with the Dubuque Visiting Nurse
Association to provide medical case management of lead poisoned children and conduct
community outreach and education for the citizens of Dubuque.
IOWA:
Attest:
ary A avis
City C rk
HL
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
Section 1. That the City of Dubuque, Iowa hereby approves the attached contract between
the Iowa Department of Public Health and the City of Dubuque, Iowa.
Section 2. That the attached Memorandum of Understanding by and between the City of
Dubuque, Iowa and the Dubuque Visiting Nurse Association is hereby approved.
Section 3. That the City Manager or his designee is hereby authorized and directed to
execute said contract and agreement on behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this 2nd day of August , 1999.
O
/ Terrance M. Dug
Mayor
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AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA,
AND THE VISITING NURSE ASSOCIATION
FOR THE CHILDHOOD LEAD POISONING PREVENTION PROGRAM ( CLPPP)
Now on this 1st day of July, 1999, it is agreed by and between the City of Dubuque, Iowa,
(City) and the Dubuque Visiting Nurse Association (VNA) as follow:
A. TERM. The term of this Agreement shall be from the 1st day of July 1999, through the
30th day of June, 2000.
B. CITY'S RESPONSIBILITIES. City agrees that it will provide the following services for the
CLPPP:
1. Submit quarterly reports and other reporting requirements as requested to the
Iowa Department of Public Health (IDPH) and the Centers for Disease Control and
Prevention. (CDC).
2. Provide for environmental investigations and environmental case management for
lead abatement \lead hazard reduction in housing units in the city of Dubuque,
Iowa.
3. Provide compensation to the VNA at an established rate not to exceed $6750.00
for lead screening, medical case management of lead poisoned children, and
community outreach and education.
4. Oversee and direct medical case management activities through verbal and written
direction.
C. VNA'S RESPONSIBILITIES. VNA agrees to provide the following services for CLPPP:
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. Provide blood lead screening and follow -up testing for children in the city of
Dubuque following the recommendations of the IDPH and the City of Dubuque
Health Services Department.
4. Assist City with providing public education, lead coalition development and
activities, and outreach to the City of Dubuque residents about childhood lead
poisoning.
5. Conduct home visits as needed to families \residents in order to provide medical
case management services.
6. Provide education and medical case management of children with confirmed blood
lead levels greater than or equal to 15 µg \dL. Medical case management includes:
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• assurance that children are being screened \retested for lead according to
Iowa Department of Public Health protocols;
• assurance that children and parents receive nutritional counseling and
educational materials;
• educate parents and families about major sources of lead and how to
prevent poisoning;
• assistance in interpreting blood lead levels;
• refer all children with confirmed blood lead levels greater to or equal to 20
u9 \dL to Keystone Area Education Agency for appropriate developmental
testing, evaluation and assessment; and
• provide information about lead testing and follow -up, available services,
and resources for lead- poisoned children.
7. Provide information about lead poisoning and available services to local pediatric
health care providers.
8. Participate with City in securing additional funding for childhood lead poisoning
prevention activities.
• 9. Provide quarterly reports and invoices to the City Health Services Department
outlining services performed, by the 7th day of the month following the quarter.
D. INSURANCE. VNA agrees to provide insurance as set forth in the attached Insurance
Schedule.
E. INDEMNIFICATION. City agrees to save, defend, indemnify and hold harmless VNA from
and against any and all claims which may be made against VNA arising out of this Agreement
which are the result of the sole negligence of City, its officers, agents or employees. VNA
agrees to defend, hold harmless and indemnify City from and against any and all claims which
may be made against City arising out of this Agreement which are the sole negligence of VNA,
its officers, employees or agents.
F. TERMINATION. Either party may terminate this Agreement by giving sixty (60) days
written notice to the other party.
CITY OF DUBUQUE, IOWA VISITING NURSE ASSOCIATION
BY: BY:
Michael C. Van Milligen Barbara Moran
City Manager Executive Director
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INSURANCE SCHEDULE
1. Any policy of insurance or certificate of insurance required hereunder shall be with a
carrier authorized to do business in Iowa and a carrier that has received a rating of A or better
in the current Best's Rating Guide.
2. The City of Dubuque shall be named as an additional insured in any insurance policy
required by this Schedule, and any policy of insurance required hereunder shall provide for a
thirty -day notice to the City of any material change or cancellation of the policy prior to its
expiration date.
3. VNA shall have its insurance agent or company certify in writing that any policy of
insurance required herein with an aggregate limit of liability has not been reduced by paid or
reserved claims at the time of issuance of policy or certificate.
4. VNA shall furnish copies of the following policies to the City with limits not less than the
following, or greater if required by law, and shall also furnish certificates of insurance from all
independent contractors or subcontractors hired by VNA or any independent contractor or
subcontractor hired by the independent contractor or subcontractor, which certificates shall
provide evidence of coverage for the following with limits not less than the following, or greater
if required by law:
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit
Products - Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Combined Single Limit
Medical Payments
OR
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$2,000,000
$2,000,000
$1,000,000
$1,000,000
$2,000,000
5,000
Coverage is to include: occurrence form, premises /operations/ products /competed operations
coverage, independent contractors' coverage, contractual liability, broad form property damage,
personal injury (hazards A -C and delete employment exclusions), City of Dubuque named as an
additional insured with 30 days' written notice of change or cancellation.
PROFESSIONAL LIABILITY:
VNA shall furnish a certificate of insurance showing professional liability limits with limits
of not less than $1,000,000 during the term of the project.
WORKMEN'S COMPENSATION:
Coverage A: Statutory State of Iowa
Coverage B: Employers' Liability
$100,000 Each accident
$100,000 each employee and disease
$100,000 policy limit and disease
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RESOLUTION -99
A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A
CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH AND AN AGREEMENT
WITH THE DUBUQUE VISITING NURSE ASSOCIATION.
Whereas, the City of Dubuque has established such a local childhood lead poisoning
prevention program; and
Whereas, the Iowa Department of Public Health has offered to provide financial support for
activities relating to the local childhood lead poisoning prevention program in the City of Dubuque;
and
Whereas, the City of Dubuque will provide environmental and medical case management
of identified lead poisoned children in addition to community outreach and education on the
problem of childhood lead poisoning.
Whereas, the City of Dubuque must provide medical case management for all lead poisoned
children in the city, and provide community outreach and education; and
Whereas, the City of Dubuque will enter into an agreement with the Dubuque Visiting Nurse
Association to provide medical case management of lead poisoned children and conduct
community outreach and education for the citizens of Dubuque.
IOWA:
Attest:
Mary A. Davis
City Clerk
HL
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
Section 1. That the City of Dubuque, Iowa hereby approves the attached contract between
the Iowa Department of Public Health and the City of Dubuque, Iowa.
Section 2. That the attached Memorandum of Understanding by and between the City of
Dubuque, Iowa and the Dubuque Visiting Nurse Association is hereby approved.
Section 3. That the City Manager or his designee is hereby authorized and directed to
execute said contract and agreement on behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this day of , 1999.
Terrance M. Duggan
Mayor
By
C A
STATE OF
i
i y
*THOMAS J. VILSACK DEPARTMENT OF PUBLIC HEALTH
GOVERNOR STEPHEN C. GLEASON, D.O., DIRECTOR
SALLY J. PEDERSON
LT. GOVERNOR
PROJECT TITLE: Childhood Lead Poisoning Prevention CONTRACT S. 5880LP7 8
PROJECT PERIOD July 1, 1997
June 30, 2000
FUNDING SOURCE OF IDPH:
FEDERAL
STATE
PRIVATE
Date
FAMILY & COMM. HEALTH
515- 281 -3931
FAx/515- 242 -6384
$ 21,563.00; 100 k
$ 0.00, 0.%
$ 0.00;
FEDERAL CATALOG #' 93.197
MATCH REQUIRED. no
MAIL REPORTS TO:
Iowa Department of Public Health
Division of Family and Community Health
Childhood Lead Poisoning Prevention
Lucas State Office Building
Des Moines, Iowa 50319 -0075
The CONTRACTOR agrees to furnish and deliver all supplies and perform all services set forth in the
attached Special Conditions, for the consideration stated herein. The rights and obligations of the parties
to this contract shall be subject to and governed by the Special Conditions and the General Conditions.
To the extent of any inconsistency between the Special Conditions, or the General Conditions, and any
specifications or other conditions which are made a part of this contract, by reference or otherwise, the
Special Conditions and the General Conditions shall control. To the extent of any inconsistency between
the Special Conditions and the General Conditions, the Special Conditions shall control.
The parties hereto have executed this contract on the day and year last specified below.
For and on behalf of the DEPARTMENT. For and on behalf of the CONTRACTOR:
Stephen C. Gleason, 0.0
Director of Public Health
• Mary L. Weaver
Deputy -CtRa UftstiiiQIBEJ{t11= BUILDING / 321 E. 12TH ST. / DES MOINES, IOWA 5031
DEAF RELAY (HEARING OR SPEECH IMPAIRED) 1- 800 - 735 -2942 / INTERNET: HTTP:/ /IDPH.
HEALTH PROTECTION
515 -281 -5643
FAx/51 5- 2 814 5 29
PLANNING & ADMINISTRATION
515-281-5787
FAx/515- 281 -4958
CONTRACTOR: City of Dubuque
Health Services Division
1300 Main
City Hall Annex
Dubuque, IA 52001
CONTRACT AMOUNT. 521,563 00
CONTRACT PERIOD. July 1, 1999
June 30, 2000
PROJECT DIRECTOR- Mary Rose Corrigan
PHONE #: (319) -589 -4181
By
Michael C. Van Milligan
City Manager
Date
SUBSTANCE ABUSE & HEALTH PROMOTION
515 - 281 -3641
FAx/515- 281 -4535
9 -0075
STATE.IA.US/
DIRECTOR'S OFFICE
515- 281 -5604
FAx/515 /281 -4958
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1. General
GENERAL CONDITIONS
a. Contractors and subrecipients of State, Federal, or private funds are required to comply with the
applicable laws, rules, and regulations governing those funds. Compliance is subject to verification.
b. This integrated contract between the DEPARTMENT and the CONTRACTOR shall consist of the
specifications, terms and conditions of the following Contract Documents: the DEPARTMENT's Request for
Proposal (RFP), the CONTRACTOR's proposal, any written amendments made in accordance with the provisions
herein, these General Conditions, and the Special Conditions.
c. The CONTRACTOR shall perform all of the services and shall develop, produce and deliver to the
DEPARTMENT or to the DEPARTMENT's designated eligible recipients all of the services described in the
Contract Documents. In return, the DEPARTMENT shall make payment as hereinafter described.
d. In the event of a conflict between or among the provisions of the Contract Documents, the governing
language shall be from the Contract Document listed first in the following list: (1) Special Conditions; (2) General
Conditions; (3) Written amendment; (4) RFP; and (5) CONTRACTOR's proposal.
e. The CONTRACTOR shall provide the necessary facilities, materials, services, and qualified personnel
to satisfactorily perform and/or provide all the services set forth in this contract. The contract budget shall be the
basis for the CONTRACTOR's expenditure of the contract amount.
2. Definitions
a. "State" means the State of Iowa.
b. "DEPARTMENT" means the Iowa Department of Public Health.
c. "CONTRACTOR" means the organization or individual contracting with the DEPARTMENT.
d. "Project Director" means the person who has been delegated authority in the Special Conditions to
administer the project described in this contract.
e. "Related party transaction" means a contractual arrangenient for the provision of services with an
employee, consultant, or member of a governing body of the CONTRACTOR who has a family, business, or other
tie to the service to be provided.
3. Invalidity
If any provision of this contract is in conflict with any State or Federal law or shall be declared to be
invalid by any state or federal court of record, such invalidity shall affect only such portions as are declared invalid
or in conflict with the law. Any remaining portion shall continue to be in effect.
4. Status of Contractor
a. The CONTRACTOR shall at all times be deemed an independent contractor and not an employee of the
State of Iowa. The CONTRACTOR shall be responsible for all its withholding taxes, social security,
unemployment, worker's compensation and other taxes and shall hold the DEPARTMENT harmless for any claims
for same.
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b. If the CONTRACTOR is a non -profit organization or affiliated with a government organization, the
CONTRACTOR shall file all required state and federal reports to maintain such status.
5. Equal Onnortunitv: Code of Fair Practices
a. The CONTRACTOR shall not discriminate against any employee or applicant for employment because
of race, creed color, religion, political affiliation, national origin, sex, age, or physical or mental disability. The
CONTRACTOR shall ensure that applicants are fairly considered, and that employees are treated without regard to
their race, creed, color, religion, political affiliation, national origin, sex, age, or physical or mental disability except
where age or disability relates to a bona fide occupational qualification. Such action shall include, but need not be
limited to: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship).
b. The CONTRACTOR shall, in all solicitations or advertisements for employment placed by or on behalf
of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard
to race, creed, color, religion, political affiliation, national origin, sex, age, or physical or mental disability except
where age or disability relates to a bona fide occupational qualification.
c. The CONTRACTOR shall send to each labor union or representative of workers with which the
CONTRACTOR has a collective bargaining agreement or other contract or understanding a notice advising the
labor union or worker's representative of the CONTRACTOR's commitments under this section and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
d. The CONTRACTOR shall comply with all applicable federal and state civil rights and
nondiscrimination laws, rules, and executive orders. The CONTRACTOR shall furnish all information and reports
requested by the DEPARTMENT and shall permit access by the DEPARTMENT to payrolls and employment
records for purposes of investigation to ascertain that the CONTRACTOR has so complied.
e. In complying with all applicable federal and state civil rights and nondiscrimination laws and
regulations, the CONTRACTOR shall ensure that no person will be excluded from participation, be denied benefits,
or be otherwise subjected to discrimination on the grounds of race, creed, color, religion, political affiliation,
national origin, sex, age, physical or mental disability, testing positive for human immunodeficiency virus, or sexual
orientation. For the purpose of this contract, discriminatory distinctions include, but are not limited to: Denying a
participant any service, benefit, or availability of a facility; or providing any service or benefit which is different in
manner, income guidelines; place or time from that provided to other participants under this contract.
f. The CONTRACTOR, shall develop and implement an equal employment opportunity policy and an
affirmative action plan for hiring or promoting members of protected classes. Clients and potential clients and
employees and potential employees shall be made aware of the policy and the plan. The CONTRACTOR shall
make its policy and plan available to the DEPARTMENT upon request.
g. The CONTRACTOR shall ensure that all its facilities are accessible to handicapped individuals, or have
written policies and procedures that outline how disabled individuals can gain access to the facility for services.
The CONTRACTOR shall comply with all aspects of the federal American With Disabilities Act, Part I (relating to
employment) and Part 11 (relating to services ).
h. The CONTRACTOR shall include the provisions of this section in every subcontract, unless specifically
exempted by written approval from the Director of the DEPARTMENT, so that such provisions shall be binding on
each subcontractor. The CONTRACTOR shall take such action with respect to any subcontractor as the
DEPARTMENT or the authorized representative thereof may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the CONTRACTOR becomes involved
in or is threatened with litigation with a subcontractor as a result of such direction by the DEPARTMENT, the
CONTRACTOR may request the DEPARTMENT to enter into such litigation to protect the interest of the State.
Effective 01/14199
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i. This contract may be suspended or terminated, in whole or in part, in the event of the CONTRACTOR's
noncompliance with this section 5 and the CONTRACTOR may be declared ineligible for further contracts with the
DEPARTMENT. Additionally, the DEPARTMENT may take further action by imposing other sanctions or
invoking other remedies as provided by the Iowa Civil Rights Act of 1965 or as otherwise provided by law.
6. Accounts and Records
a. The CONTRACTOR shall maintain accurate, current, and complete records of the financial activity of
this contract, including records which adequately identify the source and application of funds. Cash contributions
made by the CONTRACTOR and third party in -kind (property or service) 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 such source documentation as
cancelled checks, paid bills, payrolls, time and attendance records, contract award documents, etc.
c. The CONTRACTOR, in maintaining project expenditure accounts, records and reports, shall make any
necessary adjustments to reflect refunds, credits, underpayments or overpayments, as well as any adjustments
resulting from administrative or compliance reviews and audits. Such adjustments shall be set forth in the financial
reports filed with the DEPARTMENT.
d. The CONTRACTOR shall maintain a sufficient record keeping system to provide the necessary data for
the purposes of planning, monitoring and evaluating their 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
three (3) years starting on the day the CONTRACTOR submits its final expenditure report. If any litigation, claim,
negotiation, audit or other action involving the records has been started before the expiration of the three (3) year
period, the records must be retained until completion of the action and resolution of all issues which arise from it, or
until the end of the regular three (3) 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 indefinitely or until transfer or disposal is
authorized by the DEPARTMENT.
g. The CONTRACTOR shall maintain confidentiality for all records of the project in accordance with state
and federal laws, rules, and regulations.
7. Equipment
a. Definition of Eauipment: Any item costing $500 or more and having an anticipated life of one year or
more. Computer software is excluded from this definition.
b. The CONTRACTOR may use its own definition of equipment provided that such definition would at
least include all equipment described above.
c. Title and Disposition: Title to equipment purchased in whole or in part with contract funds resides with
the DEPARTMENT. Upon contract expiration or termination the DEPARTMENT reserves the right to transfer the
equipment either to the State or to another contractor. Approval from the DEPARTMENT must be received before
disposing of any equipment during the contract period.
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d. Records: The CONTRACTOR shall maintain inventory control records, and maintenance procedures for all
equipment purchased in whole or in part with DEPARTMENT funds or obtained from state surplus or the
DEPARTMENT. Equipment records shall include: state tag number (or CONTRACTOR inventory number if no
state tag has been assigned); description of the item; location; name of the contract purchased under; percent of
DEPARTMENT participation in project cost for the year in which the equipment was acquired; and, if available,
vendor name, manufacturer's serial number, purchase price, date of acquisition, date of disposition, disposition
price, and type of disposition.
e. Control System: A control system (including an annual physical inventory) shall be implemented to
ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft shall be
investigated and fully documented. Where the CONTRACTOR is authorized to sell the equipment, sales
procedures shall provide for competition to the extent practicable and result in the highest possible disposition price.
8. Procurement Standards and Subcontracting
a. The CONTRACTOR shall use procurement procedures that comply with all applicable federal, state,
and local laws and regulations.
b. None of the activities or funds relating to this contract shall be subcontracted to another organization or
individual without specific prior written approval by the DEPARTMENT except for subcontracts under $1,000. For
purchase of service contracts, the term "activities" refers to services paid for as units of service. For cost
reimbursement contracts, the term "activities" refers to services or programming described in the CONTRACTOR's
approved goals and objectives. To obtain approval, the CONTRACTOR shall submit to the DEPARTMENT the
proposed contract or written agreement between the parties. The proposed contract or agreement shall contain:
(3) Provision for the DEPARTMENT, the CONTRACTOR, and any of their duly authorized
representatives to have access, for the purpose of audit and examination, to any documents, papers, and records of
the subcontractor pertinent to the subcontract.
(5) A line item budget of specific costs to be reimbursed under the subcontract or agreement or
other cost basis for determining the amount of the subcontract as appropriate.
requirements.
Effective 01114199
(1) A list of the activities to be performed by the subcontractor.
(2) The contract policies and requirements.
(4) The amount of the subcontract.
(6) A statement that all provisions of this contract are included in the subcontract including audit
(7) Period of performance.
(8) Any additional subcontract conditions.
c. Any subcontract or other written agreement shall not affect the CONTRACTOR's overall responsibility
and accountability to the DEPARTMENT for the overall direction of the project.
d. If during the course of the subcontract period the CONTRACTOR or subcontractor wishes to change or
revise the subcontract, prior written approval from the DEPARTMENT is required.
e. The CONTRACTOR shall maintain a contract administration system which ensures that subcontractors
perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.
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f. The CONTRACTOR shall maintain written standards of conduct goverging the performance of its
employees engaged in the award and administration of any subcontract. No employee, officer or agent of the
CONTRACTOR or subcontractor shall participate in the selection or in the award or administration of a subcontract
if a conflict of interest, real or apparent would be involved
g. Targeted Small Business: The CONTRACTOR is expected to take documented steps to encourage
participation from targeted small businesses for the purpose of subcontracting or supplying materials.
9. Program Income
a. Program income means gross income earned by the CONTRACTOR from activities where part or all of
the cost is borne as a direct cost towards meeting a cost sharing or a matching requirement of the contract. It
includes, but is not limited to, income in the form of fees for services performed during the contract or subcontract
period, proceeds from sale of tangible personal or real property or equipment usage or rental fees, and patent or
copyright royalties.
b. Program income may be used for allowable costs of the project unless the Special Conditions of the
contract specify otherwise.
c. Refunds and Rebates: When prior year refunds or rebates result from the expenditure of
DEPARTMENT provided funds, they shall be returned to the DEPARTMENT in the same proportion that the
DEPARTMENT funds are to the project's total income or income related to any subcontract, as appropriate.
d. Cash advances, whether permanent or in the form of working capital, must be maintained in interest
bearing accounts. Interest earned by the CONTRACTOR on cash advances shall be allocated by the
CONTRACTOR to the program for which the cash advance was received. All interest earned on cash advances,
shall be remitted to the DEPARTMENT promptly or at least quarterly. Interest amounts up to $250 per contract
period in the aggregate for all federal funded programs may be retained by the CONTRACTOR for administrative
expenses only.
e. Other Sources of Funding: The CONTRACTOR shall develop other sources of financial support for
program activities. The CONTRACTOR shall:
(1) Recover, to the maximum extent feasible, third -party revenues to which the CONTRACTOR
is entitled as a result of services provided;
(2) Garner all other available federal, state, local and private funds;
(3) Charge beneficiaries according to their ability to pay for the services provided, based on a
sliding fee schedule. The sliding fee schedule shall be based on standardized guidelines provided by the
DEPARTMENT. Variances from these guidelines must have prior written DEPARTMENT approval. Client billing
and collection procedures shall be consistent with those established and provided by the DEPARTMENT. Services
funded partially or completely by the DEPARTMENT shall not be denied to a person because of the inability of the
person or group to pay a fee for the service. Factors of individual /immediate family income and family size are to
be used in developing the sliding fee schedule; and
(4) Report to the DEPARTMENT within five (5) working days, funding sources developed in
addition to those shown in the application for funding.
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10. Non- Suoolantine Requirement
Federal and State funds made available under this contract shall be used to supplement and increase the
level of state, local and other non - federal funds that would in the absence of such federal and State funds be made
available for the programs and activities for which funds are provided and will in no event take the place of state,
local and other non - federal funds.
11. CONTRACTOR's Certification reeardine Lobbying
The CONTRACTOR certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONTRACTOR,
to any person for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with any Federal contract, grant,
loan, or cooperative agreement, the CONTRACTOR shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying" in accordance with its instructions.
c. The CONTRACTOR shall require that the language of the Disclosure Form in section 11(b) be included
in the award documents for all subawards at all levels (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code of Federal Regulations. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
12. CONTRACTOR's Certification reeardine Brokering
The CONTRACTOR certifies that no person or selling agency has been employed or retained to solicit and
secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingency
excepting bona fide employees or selling agents maintained by the CONTRACTOR for the purpose of securing
business. For breach or violation of this certification, the DEPARTMENT shall have the right to terminate this
contract without liability, or in its discretion, to deduct from the contract price or to otherwise recover the full
amount of such commission, percentage, brokerage, or contingency.
13. Publications. Copyrights and Rights in Data, and Patents
a. Publications: The CONTRACTOR shall not publish the results of contract activity without prior written
approval by the DEPARTMENT. Such publication (written, visual, or audio) shall contain an acknowledgment of
DEPARTMENT contract support. A copy of any such publication shall be furnished to the DEPARTMENT at no
cost.
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b. Copyrights and Riehts in Data: Where activities supported by this contract produce an original computer
program (including executable computer programs and supporting data in any form), writing, sound recording,
pictorial reproduction, drawing or other graphical representation and work of similar nature, the DEPARTMENT
reserves the right to its use, duplication, and disclosure, in whole or in part, in any manner for any purpose
whatsoever.
c. Patents: If any patentable invention is developed by an employee of the CONTRACTOR in the course
of employment related to this contract, such invention shall be reported to the DEPARTMENT. The
DEPARTMENT shall be entitled to a share, proportionate to DEPARTMENT funding, of rights to said invention,
including title to and license rights under any patent application or patent which may be issued.
14. Release of Information and Confidentiality of Records
a. Release of Contract Information: The CONTRACTOR agrees to provide to the DEPARTMENT or the
public, upon request, all written program records including, but not limited to, client records, statistical information,
board and other administrative records, and financial records, including budget, accounting activities, financial
statements, and the annual audit in accordance with Code of Federal Regulations, Title 45. All such records shall be
available except when access to the records is limited in accordance with state or federal confidentiality laws, rules
or regulations.
b. Confidentiality of Client Records: The CONTRACTOR'S policies and procedures shall provide that
records regarding the identity, diagnosis, prognosis, and services provided to any client in connection 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.
c. Security of Client Files and Data: The CONTRACTOR's employees shall be allowed access to records
only as necessary for the performance of their duties related to the contract and in accordance with the policies and
procedures of the custodian of the records. The CONTRACTOR shall maintain policies and procedures for
safeguarding the confidentiality of such data, and may be liable civilly or criminally under state or federal
confidentiality laws, rules or regulations for the negligent release of such information.
d. Unauthorized Disclosure; The CONTRACTOR shall protect from unauthorized disclosure the names
and other identifying information of persons receiving services pursuant to this contract, except for statistical
information not identifying any client. The CONTRACTOR shall not use such identifying information for any
purpose other than carrying out the CONTRACTOR's obligations under this contract. The CONTRACTOR shall
promptly transmit to the DEPARTMENT all requests for disclosure of such identifying information to anyone other
than the DEPARTMENT without prior written authorization from the DEPARTMENT. For purposes of this
paragraph, the teen "identify" shall include, but not be limited to, name, identifying number, symbol, or other
identifier particularly assigned to the individual. The CONTRACTOR shall maintain confidentiality for all records
of the project in accordance with state and federal laws and regulations and in accordance with 42 CFR.
15. Conflict of Interest
a. The provisions of Iowa Code Chapter 68B shall apply. In the event a conflict of interest is proven to the
DEPARTMENT, the DEPARTMENT shall terminate the contract, and the CONTRACTOR shall be liable for any
excess costs to the DEPARTMENT as a result of contract default.
b. The CONTRACTOR shall establish safeguards to prevent employees, consultants, or members of
governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the
desire for private gain for themselves or others with whom they have family, business, or other ties.
c. The CONTRACTOR shall report any related party transaction to the DEPARTMENT. Written
approval from the DEPARTMENT shall be required prior to such transaction.
Effective 01/14/99
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16. Private Consultation
Employees of the CONTRACTOR whose salaries are paid by DEPARTMENT funds shall not engage in
private consultation during the hours that are paid for by DEPARTMENT funds.
17. Oualifications of Staff
The CONTRACTOR shall be responsible for assuring that all persons, whether they are employees, agents,
subcontractors or anyone acting for or on behalf of the CONTRACTOR, are properly licensed, certified or
accredited as required under applicable state law and the Iowa Administrative Code. The CONTRACTOR shall
provide standards for service providers who are not otherwise licensed. certified or accredited under state law or the
Iowa Administrative Code.
18. Insurance
The CONTRACTOR shall procure and maintain such insurance as is required by applicable federal and
state law and regulation. Such insurance should include, but not be limited to, the following: liability insurance,
fidelity bonding of persons entrusted with handling of funds, workers compensation, unemployment insurance and
professional liability.
19. Audit or Examination of Records
a. Subrecipients of Federal funds are required to have an audit made in accordance with the provisions of
OMB Circular A -133, Audits of States. Local Governments. and Non - Profit Oreanizations. The DEPARTMENT
may require, at any time and at its sole discretion, that recipients of state funds have an audit made. A copy of audit
reports acquired and subject to OMB Circular A -133, State regulations or otherwise required, shall be forwarded to
the DEPARTMENT upon receipt and at no charge. The CONTRACTOR may be required to comply with other
prescribed compliance and review procedures. The CONTRACTOR shall be solely responsible for the cost of any
required audit unless otherwise agreed in writing by the DEPARTMENT. When the DEPARTMENT has agreed in
writing to pay for the required audit services, the DEPARTMENT reserves the right to refuse payment for audit
services which do not meet Federal or State requirements. Audits are due within nine (9) months following the end
of the period covered.
b. The audit report shall contain supplementary schedules identifying by program the revenue,
expenditures, and balances of each contract.
c. Upon completion of the audit, a press release shall be published to announce the availability of the audit
report for review by the public at the CONTRACTOR's office. The press release shall be provided to a local
newspaper with a copy sent to the DEPARTMENT and a copy maintained in the CONTRACTOR's office.
d. One (1) copy of the audit report shall be submitted to the DEPARTMENT within thirty (30) working
days of its issuance, unless specific exemption is granted in writing by the DEPARTMENT. The audit shall be
scheduled so that an audit report will be received by the DEPARTMENT no later than nine (9) months following
the end of the contract period. To be submitted with the audit is a copy of the separate letter to management
addressing non - material findings, if provided by the auditor.
e. If the contract award(s) from the State of Iowa total $150,000 or more, a pre -award survey by the State
Auditor is required for private non - profit contractors. The cost of the pre -award survey and the annual audit shall
be borne by the CONTRACTOR unless specifically waived in writing by the DEPARTMENT.
Effective 01/14/99 8
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f. The CONTRACTOR agrees that the Auditor of the State or any authorized representative of the State, and where
Federal funds are involved, the Comptroller General of the United States or any other authorized representative of
the United States Government, shall have access to, and the right to examine, audit, excerpt and transcribe any
pertinent books, documents, paper, and records of the CONTRACTOR related to order, invoices, or payments of
this contract.
g. The CONTRACTOR agrees that the DEPARTMENT or its authorized representatives may have access
to medical records and quality assurance materials for purposes of an independent audit of quality assurance and
quality of care.
h. All records and work papers resulting from this contract shall become the property of the
DEPARTMENT.
20. Contract Performance
a. Monitoring of Performance
(1) The CONTRACTOR agrees that the DEPARTMENT may conduct site visits to review
contract compliance, assess management controls, assess the applicable services and activities, and provide
technical assistance. The CONTRACTOR agrees to ensure the cooperation of the CONTRACTOR's employees and
board members in such efforts.
(2) Following each site visit, the DEPARTMENT shall submit a written report to the
CONTRACTOR which identifies the findings of the site visit. A Corrective Action Plan with a timetable to address
any deficiencies or problems noted in the site visit report may be requested. The Corrective Action Plan shall be
submitted to the DEPARTMENT for approval within the timelines outlined in the written report. The
CONTRACTOR agrees to carry out the plan after it is approved by the DEPARTMENT. Failure to do so may
result in suspension or termination of the contract.
b. Contract Performance Disputes
(1) This contract is not subject to arbitration. Any performance issues shall be identified in
writing and submitted to the appropriate Division Director of the Department. All disputes concerning performance
of this contract shall be decided by the appropriate Division Director, who shall put the decision in writing and serve
a copy to the CONTRACTOR and the DEPARTMENT's Director.
(2) The Division Director's decision shall be final unless within fifteen (15) days from the date of
service of such copy the CONTRACTOR files a contested case proceeding with the DEPARTMENT.
21. Availability of Funds
The disbursement of funds under this contract is contingent upon the continued availability of federal,
state, or private funds to the DEPARTMENT.
22. Withholdine of Support
a. With ten (10) working days written notice, the DEPARTMENT may temporarily withhold payment of
DEPARTMENT funds. The CONTRACTOR may be required to submit a corrective action plan for approval by
the DEPARTMENT. Reasons for withholding payment of funds may include, but are not limited to:
(2) Failure to show satisfactory progress in achieving the objectives of the project or failure to
meet the terms and conditions of the contract.
Effective 01/14/99
(1) Delinquency in submitting required reports.
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(3) Failure to provide adequate management of contract funds or equipment.
b. Temporary withholding of funds does not constitute just cause for the CONTRACTOR to interrupt
services to clients.
23. Suspension
a. When, as determined by the DEPARTMENT, a CONTRACTOR has materially failed to comply with
the terms and conditions of the contract, the DEPARTMENT may suspend the contract, in whole or in part, upon
written notice. The notice of suspension shall state the reason(s) for the suspension, any corrective action required,
and the effective date.
b. A suspension shall be in effect until the CONTRACTOR has provided evidence satisfactory to the
DEPARTMENT that corrective action has been or will be taken, or until the contract is terminated.
c. Obligations incurred by the CONTRACTOR during the suspension period shall not be allowed unless
expressly authorized in the notice of suspension. Necessary costs which the CONTRACTOR could not reasonably
avoid during the suspension shall be allowed only if the CONTRACTOR had a prior obligation for those expenses.
24. Termination
a. This contract may be terminated by the CONTRACTOR upon thirty (30) working days advance written
notice only for the failure of the DEPARTMENT to comply with any term, condition, or provision of this contract,
including but not limited to the failure to make timely payment for work'performed on the project. In this event, the
CONTRACTOR shall deliver to the DEPARTMENT written notice specifying the nature of the DEPARTMENT's
default. The DEPARTMENT shall have the thirty-day notice period to correct the problem that resulted in the
default notice.
b. This contract may be terminated effective immediately by either party when circumstances beyond the
control of the DEPARTMENT or the CONTRACTOR make continuation of this contract impossible;
c. This contract may be terminated solely by the DEPARTMENT for any of the following reasons:
(1) Default by the CONTRACTOR. The failure of the CONTRACTOR to comply with any term,
condition, or provision of this contract shall constitute a default by the CONTRACTOR. In this event, the
DEPARTMENT shall deliver to the CONTRACTOR written notice specifying the nature of the CONTRACTOR's
default. The DEPARTMENT's notice shall also include any penalties due for late or unsatisfactory performance.
The DEPARTMENT may make termination of the contract effective immediately. If the notice of default sent by
the DEPARTMENT does not indicate that the contract shall be terminated effective immediately, the
CONTRACTOR shall have ten (10) days after receipt of such notice to correct the problem which resulted in the
default notice and to submit payment for the fine imposed. The DEPARTMENT may thereafter issue a notice of
immediate termination if the default is not corrected to the satisfaction of the DEPARTMENT or payment of the
proposed fine is not received within the ten day period.
(2) The convenience of the DEPARTMENT. The DEPARTMENT may terminate performance
of work under this contract in whole or in part whenever, for any reason, the DEPARTMENT shall determine that
such termination is in the best interest of the State. In this event, the DEPARTMENT shall issue a termination
notice to the CONTRACTOR at least ten (10) days prior to the effective termination date.
Effective 01114199
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(3) Bankruptcy or Insolvency. In the event that the CONTRACTOR shall cease conducting business in the normal
course, become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment
of a receiver for its business or its assets or shall avail itself of, or become subject to, any proceeding under the
Federal Bankruptcy Act or any other statute of any state related to insolvency or the protection of the rights of
creditors, the DEPARTMENT may, at its option, terminate this contract upon written notice to the CONTRACTOR.
The CONTRACTOR must inform the DEPARTMENT of its intention to file a petition in bankruptcy at least five
days prior to filing such a petition. The CONTRACTOR's failure to comply with this pre - filing notice requirement
shall be deemed a material, pre - petition incurable breach. In the event the DEPARTMENT elects to terminate the
contract under this provision, the date of termination shall be deemed to be the date the DEPARTMENT mailed the
written termination notice to the CONTRACTOR, unless otherwise specified.
(4) Unavailability of Funds. The performance by the DEPARTMENT of any of its obligations
under the contract shall be subject to and contingent upon the availability of' Federal and State moneys lawfully
applicable for such purposes. If the DEPARTMENT deems that moneys lawfully applicable to this contract shall
not be available at any time during the contract term, the DEPARTMENT may issue a termination notice to the
CONTRACTOR at least thirty (30) days prior to the effective date that funds to continue this contract will no longer
be available. The obligations of the parties hereto shall end as of the date specified in the termination notice, and
the contract will be considered canceled.
(5) Conflict of interest. In the event that the CONTRACTOR is proven to have a conflict of
interest, as defined in section 15 of this contract, the DEPARTMENT shall immediately terminate this contract.
d. In the event of termination, the CONTRACTOR shall be reimbursed by the DEPARTMENT only for
those allowable costs incurred or encumbered prior to the termination date, subject to the continued availability of
funds to the DEPARTMENT. The supplies and inventoriable items shall be returned or reimbursed to the
DEPARTMENT.
e. Should this contract terminate prior to the expiration date, the CONTRACTOR agrees to deliver such
information and items which are due as of the date of termination, including partially completed plans, drawings,
data, documents, surveys, maps, reports, models, etc. The CONTRACTOR also is responsible to ensure a smooth
transition of services to clients, regardless of whether this contract terminates prior to or upon the expiration date of
the contract. If the CONTRACTOR fails to ensure a smooth transition of services to clients, the DEPARTMENT
may, at its sole discretion, place the CONTRACTOR on its list of contractors barred from entering into any contract
with the DEPARTMENT and immediately terminate all other then existing contracts between the DEPARTMENT
and the CONTRACTOR, pursuant to subsection 24(0.
f. Should this contract be terminated under subsection 24(c)(1) ( "Default by the CONTRACTOR ") or
subsection 24(c)(3) ( "Bankruptcy or insolvency" of the CONTRACTOR), or should the CONTRACTOR fail to
ensure a smooth transition of services to clients as required by subsection 24(e), the DEPARTMENT may, at its sole
discretion, place the CONTRACTOR on its list of contractors barred from entering into any contract with the
DEPARTMENT. Such placement may be permanent or for an indefinite period of time with no possibility of
reinstatement for a fixed period of time, at the sole discretion of the DEPARTMENT. The DEPARTMENT may
also, at its sole discretion, immediately terminate all contracts between the DEPARTMENT and CONTRACTOR if
the CONTRACTOR is placed on the barred list of contractors.
g. The DEPARTMENT shall not be liable for unemployment compensation arising from the termination
of this contract.
h. The DEPARTMENT reserves all administrative, contractual and legal remedies which are available in
the event that the CONTRACTOR violates or breaches the terms of this contract.
i. Should the DEPARTMENT obtain a money judgment against the CONTRACTOR as a result of a
default under this contract, the CONTRACTOR hereby consents to such judgment being set off from moneys owed
the CONTRACTOR by the DEPARTMENT or any other agency of the State under any other contract.
Effective 01114199
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so 25. Suspension and Debarment
The CONTRACTOR certifies that it is not disbarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this contract by any federal department or agency. The
CONTRACTOR further agrees to comply with the regulations implementing executive order 12549 regarding
debarment and suspension.
26. Contested Cases
Any CONTRACTOR who wishes to contest action taken by the DEPARTMENT pursuant to General
Conditions 20, 22, 23, or 24 of the contract may do so within 15 days following receipt of notice from the
DEPARTMENT. The appeal shall be conducted in accordance with Iowa Code section 17A.12.
27. Changes of Key Personnel
The CONTRACTOR's personnel specified by name and title in Article I11 of the Special Conditions are
considered to be essential to the work or services being performed. If, for any reason, substitution or elimination of
a specified individual becomes necessary, the CONTRACTOR shall provide written notification to the
DEPARTMENT. Such written notification shall include the successor's name and title. The CONTRACTOR shall
notify the DEPARTMENT in writing within five (5) working days of any change of key personnel. A copy of the
resume for a director hired during the course of the contract shall also be sent to the DEPARTMENT within five (5)
working days from the date of hire.
28. Assignment
a. This contract shall not be assigned or transferred by the CONTRACTOR to any third party or parties
without written approval in advance by the DEPARTMENT. The DEPARTMENT reserves the right to not contract
with a new contractor.
b. A written agreement with the CONTRACTOR to relinquish all rights to the project, and a written
agreement with the new contractor to accept all the terms and conditions of the contract shall be submitted to and
approved in writing by the DEPARTMENT prior to the date of transfer.
29. Changes in Location
The DEPARTMENT shall be notified of any change in office or service location from that shown in the
contract at least five (5) working days prior to such change.
30. Changes in Service
Changes in the services to be provided by the CONTRACTOR as outlined in the contract require prior
written approval by the DEPARTMENT. Discontinuation of any service may result in a decrease in the contract
amount or termination of the contract.
31. Drug Free Workplace
In order to comply with the Drug Free Workplace Act of 1988 and 41 U.S. Code Annotated section 701,
the CONTRACTOR is required to report any conviction of employees under a criminal drug statute for violations
occurring on the CONTRACTOR's premises or off the CONTRACTOR's premises while conducting official
business. A report of a conviction shall be made to the DEPARTMENT within five (5) working days after the
conviction.
Effective 01/14199
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32. Certification Reeardinp Environmental Tobacco Smoke
a. Public Law 103 -227, also known as the Pro - Children Act of 1994 (Act), requires that smoking not be
permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or
regularly for the provision of health, day care, early childhood development services, education or library services
to children under the age of 18, if the services are funded by Federal programs either directly or through State or
local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services
that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law
does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or
alcohol treatment; service providers whose sole source of applicable Federal funds is Medicare or Medicaid; or
facilities where WIC coupons are redeemed. Failure to comply with the provisions of' the law may result in the
imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative
compliance order on the responsible entity.
b. The CONTRACTOR certifies that it will comply with the requirements of the Act and will not allow
smoking within any portion of any indoor facility used for the provision of services for children as defined by the
Act.
c. The CONTRACTOR agrees that it will require that the language of this certification be included in any
subcontract or subaward that contains provisions for children's services and that all subrecipients shall certify
accordingly._
33. Indemnification
The CONTRACTOR and its successors and assignees agree to defend, indemnify and hold the
DEPARTMENT, any Consultant/Consultant Affiliate, and the State of Iowa harmless from any and all liabilities,
damages, settlements, judgments, costs and expenses (including reasonable attorney fees of the Attorney General's
Office, and the costs and expenses and attorney fees of other counsel required to defend the DEPARTMENT, any
Consultant/Consultant Affiliate, or the State of Iowa) related to or arising from any of the following:
a. Any violation of this contract.
b Any negligent acts or omissions of the CONTRACTOR, its officers, employees, agents, board members,
contractors or subcontractors, or any other person in connection with this project.
c. Claims for infringement of patents, trademarks, trade dress, trade secrets, or copyrights arising from the
work of the project.
d. The CONTRACTOR's performance or attempted performance of this contract.
e. Any failure by the CONTRACTOR to comply with all federal, state, and local laws and regulations.
f. Any failure by the CONTRACTOR to make all reports, payments, and withholdings required by federal
and state law with respect to social security, employee income, and other taxes, fees, or costs required by the
CONTRACTOR to conduct business in the State of Iowa.
g. The death, bodily injury or damage to property of any enrollee, agent, employee, business invitee or
business visitor of the CONTRACTOR or any of its subcontractors.
Effective 01/14/99
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34. Not a Joint Venture
Nothing in this contract shall be construed as creating or constituting the relationship of a partnership or
joint venture between the parties hereto. Each party shall be deemed to be an independent contractor acting toward
the mutual benefits expected to be derived herefrom. No party, unless otherwise specifically provided for herein,
has the authority to enter into any contract or create an obligation or liability on behalf of, in the name of, or binding
upon another party to this contract.
35. Joint Entity
If the CONTRACTOR is a joint entity, consisting of more than one individual, partnership, corporation or
other business organization, all such entities shall be jointly and severally liable for carrying out the activities and
obligations of this contract, and for any default of such activities and obligations.
36. Choice of Law and Forum
The terms and provisions of this contract shall be construed in accordance with the laws of the State of
Iowa. Any and all litigation or actions commenced in connection with this contract shall be brought in Des Moines,
Iowa, in the Iowa District Court in and for Polk County, Iowa. If, however, jurisdiction is not proper in the Polk
County District Court, the action shall only be brought in the United States District Court for the Southern District
of Iowa, Central Division, provided that jurisdiction is proper in that forum. This provision shall not be construed
as waiving any immunity to suit or liability that may be available to the DEPARTMENT or the State of Iowa.
37. Waiver
Except as specifically provided for in a written waiver signed by duly authorized representatives of the
DEPARTMENT and the CONTRACTOR, failure by either party at any time to require performance by the other
party or to claim a breach of any provision of the contract shall not be construed as affecting any subsequent breach
or the right to require performance with respect thereto or to claim a breach with respect thereto.
38. Miscellaneous
a. Headings or Captions. The section and subsection headings or captions are for identification purposes
only and do not limit or construe the contents of the sections and subsections.
b. Supersedes former Contracts. This contract supersedes all prior contracts between the DEPARTMENT
and the CONTRACTOR for services and products provided in connection with this contract.
c. Counterparts. The parties agree that this contract has been or may be executed in several counterparts,
each of which shall be deemed an original and all such counterparts shall together constitute one and the same
instrument.
Effective 01/14/99
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Special Conditions for Contract # 5880LP/08
Article 1 - Identification of Parties
This contract is entered into by and between the Iowa Department
of Public Health (hereinafter referred to as the DEPARTMENT) and
the CONTRACTOR, as identified on the contract face sheet.
Article 2 - Identification of Authorized State Official:
The Director of Public health is the Authorized State Official
for this contract. Any changes in the terms, conditions, or
amounts specified in this contract must be approved by the
Authorized State Official. Negotiations concerning this
contract should be referred to:
Mary L. Weaver, phone 515- 281 -4910
Article III - Designation of Contract Administrator, Rey Personnel,
and Contract Documents
Refer to Exhibit I.
Article IV - Statement of Contract Purpose
The purpose of this contract is to provide funds for the
contractor to conduct childhood lead poisoning prevention
activities in their service area.
Article V - Description of Work and Services:
The CONTRACTOR shall conduct childhood lead poisoning
prevention activities as specified in the attached Work Plan,
Exhibit III.
Article VI - Reports
The CONTRACTOR shall prepare and submit the following reports to
the department:
Report
Claim Voucher
Number of Copies Date Due
4 By the 10th of each month
Expenditure Report 3 By the 10th of each month
Quarterly Narrative Report 1 Electronic 10 -25 -99
1 -25 -2000
4 -25 -2000
7 -25 -2000
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STELLAR Quarterly Report 1 Electronic
Annual Surveillance Extract
Quarterly Updates for
Supervisory Database
1 Electronic
1 Electronic
10 -25 -99
1 -25 -2000
4 -25 -2000
7 -25 -2000
4 -1 -2000
10 -25 -99
1 -25 -2000
4 -25 -2000
7 -25 -2000
Article VII - Budget
The total approved budget for this contract period is detailed
in Exhibit 2.
Article VIII - Payments.
The DEPARTMENT agrees to reimburse the CONTRACTOR for budgeted
and approved expenditures which have been incurred or encumbered
during the contract period in a sum not to exceed the contract
amount.
The CONTRACTOR shall submit the required number of signed
vouchers, expenditure reports, and progress reports to the
DEPARTMENT on forms approved by the DEPARTMENT. All requests for
payment shall be submitted within 45 days of the reporting period
in which the costs were incurred or encumbered. A penalty of 5%
of the requested payment may be assessed if the required reports
are not received in the DEPARTMENT by the established due date.
Article IX - Modification of General Conditions
None.
Article X - Additional Conditions
1. Contractor must check Internet E -mail at least
once each week for lead poisoning prevention updates sent
out by IDPH.
2. No funds may be spent for indirect costs.
3. Contract funds may not be transferred between line items or
between projects without prior written approval.
4. Reimbursement shall not exceed contract totals as shown on
Exhibit II.
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5. Funds must be made available to subcontractors no later than 30
days after the contract is signed.
6. Contractors responsible for maintenance of the main STELLAR
database for their project area must notify IDPH with 10
working days of assigning data entry duties to a new staff
person. Contractor must assure IDPH that new data entry staff
has received appropriate training or work with IDPH to assure
that new staff receives appropriate training.
7. Contractors responsible for maintenance of the main STELLAR
database for their project area must allow IDPH and other
agencies providing medical and environmental case management
of lead - poisoned children in the project area to access the
main STELLAR database via Pc Anywhere.
8. Contractor must update each board of health in the project
area at least once each year regarding activities included in
this grant program and must document through the narrative
quarterly report that this update has been completed.
9. Contractors responsible for environmental case management of
lead - poisoned children must maintain certification of individual
inspectors as elevated blood lead inspectors and agency
certification as an elevated blood lead inspection agency.
Contractor must be enrolled as a Medicaid provider for elevated
blood lead inspection services and must recover reimbursement
from Medicaid for elevated blood lead inspections.
•
Contract #5880LP08
Michael C. Van Milligan has been designated by the CONTRACTOR to act
as the Contract Administrator. This individual is responsible for
financial and administrative matters of this contract. Negotiations
concerning this contract should be referred to: Michael C. Van Milligan
telehpone (319) -589 -4181.
The following individual(s) shall be considered key personnel:
Name
Mary Rose Corrigan
Kathy Lamb
Integrated documents of this contract include:
1. Request for Proposal (RFP).
• 2. Approved application.
3. Approved budget.
4. Contract face sheet and any subsequent revisions containing
signatures.
5. General Conditions effective 01- 14 -99.
6. Special Conditions effective 07- 01 -99.
7. All approved budget or work plan revisions.
On behalf of the CONTRACTOR, I am responsible for the identified
key personnel. I have read the integrated documents listed above
and agree to fulfill the requirements and conditions stipulated
in this contract.
Effective 07 -01 -99
Form #588 -0333
By:
Date:
Title
EXHIBIT 1
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EXHIBIT III
IOWA CHILDHOOD LEAD POISONING PREVENTION PROGRAM
WORK PLAN
JULY 1, 1999 - JUNE 30, 2000
DUBUOUE /DELAWARE COUNTIES
The Dubuque /Delaware County CLPPP is based at the city of Dubuque divisions of health
services and housing services. The city of Dubuque division of health services provides data
management for Dubuque and Delaware counties. The city of Dubuque divisions of health
services and housing services are responsible for case management of lead - poisoned children in
the city of Dubuque. Dubuque VNA is responsible for medical case management of lead -
poisoned children in all of Dubuque county. IDPH staff is responsible for environmental case
management of lead - poisoned children in Dubuque county outside the city of Dubuque and for
environmental and medical case management in Delaware County. . IDPH staff works with the
Dubuque VNA and the Delaware County Health Department when lead - poisoned children are
found outside the city of Dubuque. The city of Dubuque divisions of health services and housing
services coordinate education and outreach activities in the city of Dubuque. IDPH staff
provides education and outreach activities in these two counties outside the city of Dubuque.
PROGRAM PERFORMANCE STANDARDS
1. Ensure that at least 25% of children under the age of six years in the CLPPP service area are
screened for lead poisoning. Figures for the population of children in the service area of
each program and 25% of the population as the screening goal are:
Program Children Under Age 6 25% (Screening Goal)
Dubuque /Delaware Counties 8,980 2,245
2. Ensure that at least 95% of children with capillary blood lead levels greater than or equal to
15 itg /dL receive confirmatory venous blood lead measurements.
3. Ensure that at least 50% of children with blood lead levels of 10 -14 p.g /dL receive follow -up
testing at three -month intervals.
4. Ensure that at least 95% of children with confirmed blood lead levels greater than or equal to
15 µg /dL receive a home nursing or outreach visit.
5. Ensure that at least 95% of children with confirmed blood lead levels greater than or equal to
15 µg /dL receive a nutrition evaluation.
6. Ensure that at least 80% of children with venous blood lead levels of 15 to 19 µg /dL receive
blood lead testing every three months until they have had two blood lead levels less than 10
µg /dL or three blood Lead levels less than 15 µg/dL.
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a 7. Ensure that at least 95% of children with venous blood lead levels greater than or equal to 20
1sg /dL receive blood lead testing every four to six weeks until their blood lead level drops to
less than 20 µg /dL.
8. Ensure that 100% of children with venous blood lead levels greater than or equal to 20
tg/dL receive a complete medical evaluation from a physician.
9. Refer all children with confirmed blood lead levels greater than or equal to 20 ttg/dL to the
local Area Education Agency for the appropriate developmental testing, evaluation, and
assessment.
10. Ensure that at least 95% of children with confirmed blood lead levels greater than or equal to
20 ttg /dL receive the appropriate developmental testing, evaluation, and assessment from
their local Area Education Agency.
11. Ensure that 100% of children with venous blood lead levels greater than or equal to 45
ttg /dL receive appropriate chelation treatment.
12. Ensure that no more than 5% of children initially identified with blood lead levels of 10 -14
µg /dL eventually have venous blood lead levels greater than or equal to 20 µg/dL
13. Ensure that no more than 10% of children initially identified with venous blood lead levels
of 15 -19 ttg /dL eventually have venous blood lead levels greater than or equal to 20 p.g /dL
14. Ensure that at least 95% of children with venous blood lead levels greater than or equal to 20
ttg /dL have their blood lead levels drop to less than 20 ttg /dL during their first six months of
case management.
15. Complete environmental investigations for at least 99% of homes associated with children
having venous blood lead levels greater than or equal to 20 ttg/dL or persistent blood lead
levels from 15 -19 µg/dL.
16. Identify the probable source of lead exposure for at least 95% of all children having venous
blood lead levels greater than or equal to 20 itg /dL or persistent blood lead levels from 15 -19
µg /dL.
17. Contact at least 95% of the occupants and/or owners of dwellings where lead hazards have
been identified within 30 days of the initial investigation to check their progress towards
making the dwelling lead -safe.
18. Ensure that the most serious lead hazards are remediated within 30 days of the initial
investigation in at least 80% of homes where lead hazards are identified.
19. Ensure that less serious lead hazards are remediated within one year of the initial
investigation in at least 60% of homes where lead hazards are identified.
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20. Give presentations about childhood lead poisoning prevention to:
A. Members of targeted high risk populations and those who work for agencies that
provide service to these high risk populations
B. Members of the general public, including homeowners, landlords, Realtors, and
members of community organizations.
C. Health professionals and para - professionals, including physicians, nurses, and
laboratory technicians.
21. Ensure the following outcomes of the presentations:
A. Increase awareness of those who see presentations with the result that 75% of
them are more likely to view childhood lead poisoning as problem for themselves,
their community, and the populations that they serve.
B. Increase the awareness of those who see the presentations with the result that 50%
of them have their own children screened for lead poisoning; recommend that
friends, relatives, or members of the population they serve have their children
screened; or screen more of their pediatric patients.
22. Ensure that at least three local citizens (not affiliated with an interested government or
private, non - profit agency) are included in the local coalition.
23. Ensure that the program and/or coalition aggressively pursues and actually receives
funding from local government and private non - profit sources.
24. Follow -up on all pre -1996 cases that are still open to determine:
A. Has child had follow -up blood lead testing as needed? If not, contact family and
physician and try to get blood lead testing done.
B. If contact reveals family has moved, take appropriate steps to investigate new
address(es).
C. Has work been completed on home? If not, take steps needed to ensure work gets
completed.
D. If venous blood lead was ever greater than or equal to 20 pg /dL, refer to AEA.