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97-248�F,�� q�t - a�18' _., ,:- . ;. RESOLUTION �.Il�iT PAUL, 1�IINNESOTA t:�r-•�:r; Refened To Committee: Date u'J 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the City of Saint Paul supports early intervention for newiy diagnosed HIV positive persons; and WHEREAS, the City will administer Ryan White Early Intervention Program to be targeted to low-income, uninsured, and underinsured persons; and WHEREAS, the City will receive funding for this activity from a contract with Hennepin County Community Health Department who is coordinating the spending of Ryan White CARE Act Funds in Minnesota; and WHEREAS, a copy of the contract which is to be kept on record and on fi{e i� the Department of Finance and Management Services; and THEREFORE, BE IT RESOLVED, ihat the proper City Officials are hereby authorized and directed to execute an agreement with the Hennepin County Community Health Department. �� a Bostrom Harris �� f/GA � T_ e¢azM d Rettman une Yeas ✓ � ✓ r � r Navs Absent Requested by Department of: Saint Paul Public Health By: �it�tC� Adopted by C,6u�i1: Date� Adoption� erh'f� b Coum i By: ; Approved by Ma • Date BY� `' +._-- //1/� Form� prove by ' At B � 2 �.2 0 — �� Approved by Mayor for Submission to Council By: �rti. � ,�- - — _ a�, -a�t� Public Heal c � ziisi9� GREEN SHEET N_ 3 3 9 8 9 _ COMACT PEflSON 8 PHONE � INRIAVOATE EPNiTMEM DIflECTOH "� � CITY CAUNGI Ydeal Hol[an 292-7713 ^u�" [�.eft'rarroFwEV �cmc�aK MUST BE ON fAUNCIL AGENDA BY (DATE) � aFOR ���� DIqECTO � FlN. & MGT. SERVICES DIR. QRDEF � MAYOR (OR ASSISiANf� O TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnounEauesrm: Council Resolution to authorize City signatures on a contract be[ween the City of Saint Paul, acting through its Saint Paul Public Health and Iiennepin County through the Hennepin County Gommunity Health Department. RECOMMENOA7iONS= appwa (A) a Reject (R} pEpSONAL SERViCE CONTRACTS NUST ANSW ER THE FOILOWING QUESTONS: _ PLANNING COMMISSION _ ClY0. SERVICE COMM4SSION 1. Has this persoMfirm ever worked under a corrtract for lliis departmenK - _ a8 GoMMmEe _ YES 'NO � _�� 2. Has this perwnlfirm ever been a city emptoyee? — YES NO _ DISTAIGT CAUR7 _ 3. Oces this petsunNirtn possess a skill not narmall Y Possessed DY atry a�rce�t city amplqrae? SUPPORTS WHIGH COUNCIL OBJECTIVE7 YES NO Explain a11 yes answers on separate sheet anG atteeh to green sheet , INITIATING PROH�EM, ISSUE. OPPORTUNITY iWho, Whai, When. Where, Why): This is a continuation of the Ryan White Early Intervention Activities which has been previously funded by the Minneapolis Department of Health. The Hennep-in Caunty Community Health Department has assumed fiscal responsibility. Newly diagnosed HIV positive persons many times are low-income, uninsured, and underinsured. The new availability of HIV related drug therapy puts new emphasis on medical intervention as early as poseible. ADVANTAGESIFAPPROVED: . ' Saint Paul will receive funding/reimbursement for the services provided to this project. ' The project will continue to be a state-wide model based on the experience of Saint Paul Public Health on this project in previous years. ' Early intervention will assist persons to know the available HIV related resources, particularly medical intervention. DISADVANTAGESIFAPPROVED. ' � r .. + ;�{> . NONE �ouncii Research Center �° �EB �'� 199T Ts-.,n r n 'eG`� ��ffi���h�'�� - �...,_. , �AAYOR'� (J�PIG'E �ES 20 1997 DISADVANTAGES IF NOT APPROVED: ' Funding will not be obtained for our role in this project. ' Possibility of loss of exgerienced staff and deterioration of the pro,J"ect. ' Loss of ineaningful information to HIV infected persons. TOTAL AMOUNT OF THANSACTION $ 3� OOO COST/REVENUE BUDGETEp (CIRCLE ONE) YES NO FUNDItdGSOURCE HeriReplri CO. CoIDtIIUAlty H831tY1 Dept. ACTIYITYNUMBER 33243 FINANCIAL INFORMATION: (EXPLAIN) Hennepin Counry Community Health Depar6nent a� -i� �' AA Code: M13 ContractNo. A11237 Federal Tax ID Na Vendor No AIAS/I3IV SERVICES AGREEMENT THIS AGREEMENf made and entered into by and between the County of Hennepin, State of Minnesota, hereinafter referred to as the "County", tt�rough the Hennepin Connty Community Health Deparknent, 525 Portland Avenue, Minneapolis, Minnesota 55415, hereinafter refeired to as the "Department", and the City of St. Paul through its Public Health Department, hereinafter refesed to as the "Provider." TERM. AND COST OF THE AGREEMENT A. The term of this Agreement shall be from 7anuary 1,1997, xhrou�h-May 2, 1997. B. Total cash paysnents to the Provider for AIDS1f3N related services shall not exceed the lesser of $3,000, or actual allowable expenses. 2. PAYMENT FOR CONTRACTED SERVICES A. The Provider agrees to make expenditures of county-provided payments for the purpose of providing the services as described in fi�ibit A and within the line item budget contained in Exhibit B and to reimburse to the County any and all County payments in excess of actual allowable expenses within 120 days of Che expirarion date of this Agreement or 120 days after cancellation of this Agreement. B. Payment for services shall be made directly to the Provider after complefion of the services upon the presentation of a claim in the manner provided by law goveming the County's payznent of claims and/or invoices. Upon final execution of this agreement, the provider agency may request an advance equal to the first month's award based on a proration of the contract amount. The Provider shaA submit monthly invoices for services rendered on forms which will be fumished by the County. {See Exhibit C) Payment shall be made within 35 days from receipt of the invoice. Invoices will be due: February 15, 1997 for services provided during the period 3anuary 1, 1997 - January 31, 1997; March 15, 1997 for services pxovided during the period February 1, 1997 - February 28, 1497; April I5, 1947 for services provided during the period March 1, 1997 - Mazch 31, 1997; and May 15, 1997 for services provided during the period April l, 1997 - May 2, 1997. The final payment will be made after reconciliation of final expenses and the previous payments including the initial advance. Payments shall be made in the manner provided by law for payment of c]aims against the County. C. The Provider agrees that every reasonable effort will be made to collect from third-party payment sources andlor govemment agencies, which are either authorized or under legal obtigarion to make such payments. Hennepin County Communiry Health Deparhneni 3. CONTRACTED SBRVSCES q�, •av� A. AIDSIHIV related services shall be provided by Ciry of St. Paul Public Aealth at offices located at 555 Cedar Street, St. Paul, Minnesota. B. Provider shall provide services to idenrified targeted populations as described in E�ibit A. Participants must be at or below 300 percent of the federal poverty level, as outlined below: Family Size Annual Income 1 $ 23,220 2 31,080 3 38,940 4 46,800 5 54,660 6 62,520 7 70,380 8 78,240 For family units with more than eight members, add $2,620 for each additional member. C. Provider shall provide documented reports on services provided and clients served as requested. D. Provider agrees fo provide equal access to services, and shall not deny services based on inability to pay. 4. CONDTTIONS OF THE PARTIES' OBLIGATIONS The Provider shall comply with each of the following pmvisions: A. The Maltreatment of Minors Reporting Act, Minnesota Statutes Section 626.556 and all rules promulgated by the Minnesota Department of Human Services implementing such Act now in force or hereafter adopted. B. The Vulnerable Adults Reporting Act, Minnesota Statutes, Section 626.557, and all rules promulgated by the Minnesota Department of Human Services implemenring such Act now in force or hereafter adopted. 5. l�UDITS REPORTS MONITORING PROCEAURES RECORDS AND EVALUATION The Provider shall: A. Shall provide the Department with a quarterly narrative report on services provided in the format delineated in fixhibit D. A narrative report will be due May 15, 1997 for services provided during the period January 1, 1997 - Mazch 31, 1997. A quarterly narrative report on 9� -ay� Hennepin County Community Health Aepartment services provided during the period of April l, 1997 - May 2, 1997, will be due August I5, 1997, and will also include services provided during the period of April 1, 1997 through June 30, 1997 as outlined in subsequent contracts. In addition, the provider shall collect and report anonymous client level data on al] individuals receiving HIV/AIDS services through this agreement to the Minnesota Deparhnent of Health as highlighted in Eachibit D. B. Shall maintain in each client record verificafion of FiIV status. Client records will be available for review during site visits conducted by the contract manager. One site visit will be conducted during the contract period. C. Shall include, at a minimum, the following language in its client consent forms: "The Hennepin County Community Health Department funds this program and requires some personal informarion be collected and reported periodically for the following purQoses: • To identify the services persons with HN disease need and use. • To identify barriers to receiving those services. • To evaluate future funding needs We are not required to send your name or any other identifying information to the Hennepin County Community Health Department as a condition of funding." D. Maintain a bookkeeping system which sufficiently and properly reflects all direct and indirect costs of any nature expended in the performance of this Agreement. E. Maintain all financial books and records for at least 5 years for audit purposes; provided that, if the Department fiunishes written notice during this period requesring retention of records to allow complerion of an andirop [ne Deparhnent or its ultimate sources of funds, the Provider shall retain records for the period requested. F. Particapate in evaluarion of Provider services, through the following activities: The Pxovider shall develop a plan incorporafing community and client input into the evaluation of the delivery of services, to be submitted to the Department by March 31, 1997. The Provider will consult at least once a quarter with the Deparhnent on the development and content of all program services and products and the status of program implementation. The Department shall conduct an on-site program visit at least once during the contract period. This ��sit shall be for the purposes of assessing compliance with contractual obligations, assessing program effectiveness and providing technical assistance. The Provider agrees that the County, the State Auditor, or IegislaYive authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessarv, shall have access to and the right to examine, audit, excerpt, and h-anscribe any books, documents, papers, records, etc., and accounting procedures and practices of the Providez which aze relevant to this Agreement. 6. SPECIAL DUTIES The Provider shall attend all trainings and meetings required by the Deparhnent. �1- ay � Hennepin Counry Community Health Deparhnrnt 7. STANDARDS AND LICENSES A. During the term of this Agreement, the Provider shall comply with all applicable standazds required by the Minnesota Deparhnent of Aealth and shall maintain appropriate license and certification requirements. Failure to maintain such standazds may be cause for cancellation of this Agreement. In addirion, the Provider shall comply with any other standards or criteria established by the Depaztment to assure quality of service. B. The Provider shall remain in compliance with all other applicable federal, state, or local laws and regulations pertaining to the pezformance of this Agreement. 8. DATA PRIVACY All data collected, created, received, maintained, or disseminated for any purposes by the activities of the Provider in the performance of this Agreement is govemed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other statutory provisions governing data privacy, Minnesota Rules implemenring such Act now in force or hereafter adopted, as well as Federal regulations on data privacy. 9. NON DISCRIMINATION - AFFIIZMATNE ACTION A. In accordance with Hennepin County's policies against discrimination, no person shall be excluded from full employment rights, denied access to, or participation in, or the benefits of any program, service or acrivity, or subjected to harassment on the grounds of race, color, creed, religiasr, sge; se�-�isability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable Federal or State laws, rules, or regularions against discrimination shall be otherwise subjected to discrimination. B. If this Agreement is for a sum of over $50,000 or is one of several contracts with said Provider within a 12-month period totaling more than $50,�00 or is amended to exceed $SQ,OQ� and 1) A written governmental jurisdiction plan exemption is granted by the Director of the County's Affirmative Action Programs Department (Director), it is agreed that Hennepin County's Appendix Z forms and is a part of this Agreement; or 2) A written exemprion is not granted or is withdrawn by said Director, then it is agreed that Hennepin County's Appendix Y forms and is a part of this Agreement as though fully set forth herein. 3) Provider will fisnish all information and reports required by the Hennepin County Affirmative Action Policy. 4) Provider shall adopt and comply with Hennepin County's Equal Employment Opportunity/Affirmative Action Policies, with regard to employment and contracting. If at any time during the contract period, the basis of an approved exemption should change, Provider shall inform the Director in writing within ten (10) calendar days from the date of said change. � °l'1-a�t Hennepin County Gommunity Health Departmeni C. Where applicable, no qualified handicapped person as defined by United States Department of Health and Human Services Regulations Title 45, Part 84.3 (j) (k) which implements Section 504 of the Rehabilitation Act of 1973, 29 USC 704 under Executive Order ATO. 11914 (4 FR 17871, April 28, 1976): 1) Shall be denied access to or opportunity to participate in or receive benefits from any service offered by the Provider under the provisions of this Agreement, nor 2) Shall any qualified handicapped person be subject to discrimination in employment under any program or activity related in the services fiunished by the Provider. 3) Where applicable, no qualified individual with a disability as defined by the Americans with Disabilities Act of 1990, Public Law 101-336, Title I, Section 101(8) shall be discrimanated against by the denial of full and equal enjoyment of the services and facilities, privileges, advantages, or accommodations furnished by the Provider as a private enfity operating a service as a puhlic accommodation pursuant to the provisions of Tifle III of the Americans with Disabilities Act, Secrion 301(7). D. Provider agrees to adhere to the County's Acquired Immune Deficiency Syndrome (AIDS) Policy which provides that no employee, applicant or client shall be subjected to testing, removed from normal and customary status, or deprived of any rights, privileges or freedoms because of his or her AIDS status except for clearly stated, specific, and compelling medical and/or public health reasons. Provider shall establish the necessary policies conceming AIDS to assure that County clients in contracted programs and provider's employees in County contraefed preg�ams are afforded the same h with regazd to AIDS as persons direct]y employed or served by the County. E. If during the term of this Agreement or any extension thereof it is discovered that the Provider is not in complianee with the applicable regulations or if the Provider engages in any discriminatory practices, the Department shall cancel this Agreement in accoxdance with Paragraph 14 hereof. 10. INDEMNIFICATION AND INSTJRANCE A. Indemnification: The Provider agrees to defend, indemnify, and hold haxmless the County, its elected officials, officers, agents, volunteers, and employees from any liability, claims, causes of acfion, judgments, damages, losses, costs, or expenses, including reasonable attomeys fees, resulting directly or indirectly from an act or omission of the Provider, its subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the Provider to perform fully, in any respect, all obligations under this Agreement. The forgoing indemnificarion is at all times subject to limits in Minnesota Statute 466 as to the provider. q� •a� Hennepin County Communiry Health Deparhnent B. Insurance: The Provider is self-insured. The Provider shall require that each independent professionaUcontractor rendering counseling and/or health care services on a regular basis fo recipients under this Agreement fumish to the Provider proof of Professional Liability insurance as follows: Professional Liability - Errors and Omissions: Per Claim Aggregate �: Professional Liability - Medical A�7alpracfice: Per Occurrence Aggregate I 1. INDEPENDENT PROVIDER $1,000,000 $1,000,000 $1,000,000 $1,000,000 It is agreed that nothing herein contained is intended or should be conshued in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Provider as the agent, representative, or employee of the County for any purpose or in any manner whatsoever. The Provider is to be and shall remain an independent provider with respect to all services performed under this Agreement. The Provider represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of Provider or other persons, while engaged in the performance of any work or services required by Provider under this Agreement, shall have no contractual relationship with the County and shall not be considered employees of the County, and any and all claims that may or might arise under the Minnesota Economic Security Act or the Workers Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Provider, its officers, agents, providers, or employees shall in no way be the responsibility of the County; and Provlder shall defend, indemnify, and hold the Counry, its commissioners, offacers, agents, and employees harmless from any and all such claims irrespecrive of any determinarion of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall not requize nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, vacation leave, Workers' Compensation, IZe-employment Insurance, disability, severance pay, and PERA. 12. SUBCONTRACTII�IG AND A5SIGNMENTS The Provider shall neither enter into subcontracts for performance of any of the services contemplated under this Agreement, nor assign this Agreement, without the prior written approval of the Department and subject to such conditions and provisions as the Department may deem necessary. The Provider shall be responsible for the performance of all subcontractors. 6 q�-a�a� He�nepin County Communiry Health Departrnent 13. DEFAULT A. Unless the Provider's default is excused undez the provisions of this Agreement, the Provider after receipt of notice by the Deparlment of any of the following conditions or other circumstances warranfing cancellarion of this A�-eement, shall have ten (10) days (or such longer period as the Deparlment may authorize in writing) after receipt of the notice from the Department to cure the specified failure: 1) If the Provider fails to provide services called for by this Agreement within the time specified herein or any extension thereof; or 2) If the Provider is in such fmancial condifion so a to endanger the performance of this Agreement; or 3) If the Provider fails to perfarm any of the other provisions of this Agreement, or so fails to prosecute the work as to endanger perfozmance of this Agreement in accordance with its terms; or 4) If it is discovered that material misrepresentations were made by the Provider as to conditions relied upon by the Deparhnent, which are purported to exist according to the terms of this Agreement and all exhibits and documents attached hereto and incorporated by reference. If the Pravider fails to cure the specified condition after notice within the prescribed period of time, the Departmer.±:na3t, ��pon writter. notce, i*.r±nediately cancel the whole or part of this Agreement. Notwithstanding the above, Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of this Agreement by Provider, and the County may withhold any payments to the Provider for the purpose of set-off until such time as the exact amount of damages due the County is determined. B. The rights and remedies of the County and the Deparhnent provided in this clause shall not be exclusive and aze in addition to any other rights and remedies provided by ]aw or equity. The County's failwe to insist upon strict performance of any covenant, agreement, or stipularion of this Agreement or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipularion, or right, unless the County consents thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of the future of such covenant, agreement, stipulation, or right. 14. NOTICES Any notice or demand which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: Hennepin County Community Heakh Depariment Provider Mary Sonnen, Director, HIV/AIDS Programs City of St. Paul Public Health 555 Cedar Street St. Paul, Mumesota 55101 (612)292-7711 County Jeff Spartz Heimepin County Administrator A-2303 Goveminent Center Minneapolis, MN 55487 (612)348-7574 Department Hennepin County Community Health Department c10 Mark Lee 525 Portland Avenue South Minneapolis, MN 55415 (612)348-4092 �l'1- �y� Any party znay designate a different addressee or address at any time by giving written notice delivered by certified mail. 15. CANCELLATION Either party may cancel this Agreement with or without cause upon 30 days written norice delivered by certified mail. After receipt of a notice of cancellarion, and except as otherwise directed, the Provider shall: A. Discontinue provision of services under this Agreement on the date, and to the extent specified, in the notice of cancellation; B. Cancel all orders and subcontracts to the extent that they relate to the performance of services canceled by the notice of cancellation; C. Settle all outstanding liabilities and all claims arising out of such cancellation of orders and subcontracts, with the approval or ratificarion to the extent that may be required, which approval or ratificarion shall be final for all the purposes of this clause; D. Complete performance of such services as shall not have been canceled by the notice of cancellation; and Hennepin Counry Community Health Department q� •a4�' E. Maintain all records relating to performance of the canceled portion of the Agreement as may be required by the Department. 16. SEVERABILITY In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdicrion, such holding shall not invalidate or render unenforceable any other provision hereof. 17. CONTRACT ADMTNISTRATION In order to coordinate the services of the Provider with the activities of the Community Health Department so as to accomplish the purposes of this contract, 7ennifer Thompson shall manage this contract on behalf of the County and shall serve as a liaison between the County and the Provider. 18. MERGER AI3D MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreement and negotiations between the parties relating to the subjecf matter hereo£ AIl items refened to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any material alterarions, variations, modifications, or waivers of provisions of this Agreement shall be va�id when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. C. Any policy changes by the Provider embodying client populations, client services, service locarions or hours, must be approved by the Department and shall be valid only when incorporated as an amendment to this Agreement and signed by the parties hereto. 19. FAIR HEARING AND GRIEVANCE PROCEDURE The Provider shall establish a procedure through which recipients may assert grievances concerning the operation of the service programs. The Provider shall advise service recipients of this procedure. The Provider will make available to the Department a copy of the Provider's existing grievance procedure. Any changes in the grievance procedure shall be forwarded to the Deparhnent within 30 days of the change 20. PAPER RECYCLING The County encourages the Provider to develop and implement an office paper and newsprint recycling program. In contracts over $250,OOQ the Provider aa ees to establish an office paper and newsprint recycling program. The Provider shall provide a written plan to the County upon request, which shall include a description of the program, the program administrator, list of collectibles and procedures utilized for recycling, as wel] as an annual summary report. a� -a�t� Hennepin County Communiry Nealth Department The Provider, having signed this Agreement, and the Hennepin County Board of Commissioners, having duly approved this Agreement on January 1, 1997, and pursuant to such approval and the proper Counry official having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form and execution. COUNT'Y OF HENI3EPIN, STATE OF MINNESOTA Assistant County Attomey Date' CITY OF SAINT PAUL APPROVED AS TO FORM: Assistant City Attorney Date: Chair of Its County Boazd Acting County Administrator ATTEST: Deputy/Clerk of the County Board , CITY OF ST. PAUL PUBLIC HEALTFI Director, Saint Paul Public Title� Health Name: Director, Finance and Tit1e: Management Services 10 q�-ayd Hennepin Counry Communiry Health Deparhnent STATE OF MINNESOTA ) COUN'I'Y OF HENNEPIN ) ) ss. On this day of , 19_, before me appeared to me personally Imown, who stated ihat he/she is the of the corporarion described in and who executed the foregoing insh�ument; and that said instrument was executed on behalf of said coxporation by authority of its Board/Governing Body; and he/she aclmowledged said instrument to be the free act and deed of said coiporation. Notary Public My Commission Expires 11 �f � -�4d Hennepin County Community Health Deparhnent AIDS/HIV SERVICES AGREEMENT EXHIBIT A [.YK�l�s�l���l�il [� Agency: City of St. Paul, St. Paul Public Aealth, Room 111 Clinic Program: Early Intervention Services Funding Period: 7anuary 1, 1997 - May 2, 1997 Program Summary: St. Paul Public Health, Room 1 I 1 Clinic will provide early intervention services to primarily newly diagnosed individuals living with HIV disease, include, but not limited to: physician services, nursing services, laboratory testing, and referral to other appropriate services. Target Population: Low income (at or below 300% of federal poverty level) individuals living with HIV disease in the 13 county Eligible Metropolitan Area.* GOAL 1: Improve the health and well-being of individuals newly diagnosed with HIV through the provision of early intervention services, including, but not limited to: physician services, nursing services, laboratory testing, and referral to other appropriate services. Ohjective l.a.: Provide at least 15 eazly intervention service visits to iQ eligible individuals living with HN disease. Outcome/Service Measure: Number of clients served. Number of early intervention service visits. *Thirteen county Eligible Metropolitan Area includes: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright Counties in Minnesota and Pierce and St. Croix Counties in Wisconsin. Modificalions to Exhibit A allowed tl�rough writien request and prior approval af contract manager. a� -a�� HennepSn County Community Health DepartmenT AIDS/HIV SERVICES AGREEMENT EXFIIBIT B PROGRAM BUDGET Agency: City of St. Paul, St. Paul Public Health, Room I11 Program: Eazly 3ntervention Services Funding Period: January 1, 1997 - May 2, 1997 Budgef Category CAR� ACT TITLE I Funded Pmgram Budget Amount a. Personnel $ 800 b. Fringes @ 20% of personnel $ 160 c. Travel $ 0 d. Equipment $ 0 e. Supplies $ 0 f. Contractual: Physician Services $ 1,500 g. Other: Laboratory Costs $ 540 h. Total Direct Charges $ 3,000 i. Indirect Charges $ 0 j_ TOTAL $ 3,000 Modif cations within each category of the above line item budget of less than 10 percent of any line item are permitted without prior approval by the County, so long as notification of such modzfzcations is given to zhe County. Hennepin Counry Communiry Health Deparhnent AIDS/HIV SERVICES AGREEMENT EXHIBIT C IiW OICE Agency: City of St. Paul Public Health, Room 111 Clinic Program: Eazly Intervention Services Funding Period: January 1, 1997 - May 2, 1997 ° -a� � Bxpenditure Cateeory Amount a. b. c. d. e. f. g• h. i. J• Personnel Fringes Travel Equipment Supplies Contractual Other Total Direct Charges Indirect Charges TOTAL REIMBURSEMENT REQUBSTED: I, on behalf of hereby state that the above request for reimbursement represents an accurate accounring of expenditures for the services provided pursuant to an agreement with Hennepin County Community Health Deparhnent. Date: Title: Please send completed invoice to: Jennifer Thompson, Contract Manager Hennepin County Community Health Department 525 Portland Avenue South, Level 3 Minneapolis, MN 55415 QLIESTIONS about compJeting this invoice? CaIl7ennifer Thompson at (612) 348-5964. 9�-��lY Hennepin County Community Health Department � --" AIDSlIiIV SERVICES AGREEMENT EXHIBIT D DATA REPORTII�G FORMAT I. iVARRATIVE REPORT Please submit a quarterly narrarive report as pursuant to the signed services agreement which addresses the following areas: a. $riefly describe at least two case studies that typify the services being provided (i-2 paragraphs per case study). b. If the agency has not perfornted the activities nor provided the services required according to the scope of service for the quarter, please explain. c. Report any administrative issues (i.e. problems with data collection, intemal evaluation activities, staffing changes or problems, budgefing, etc.) that occurred during the quarter. d. Describe any client service needs identified during the quarter that remain unmet. e. List any trainings andtor workshops staff attended. £ Report the total number of clients serviced durin�the quarter. Also, report the number of clients not served, and the reasons the agency was unable to serve the clients. Each narrative report should clearly list the name and address of the agency, name of program (if applicable), reporting period, and the name and phone number of a contact person. Reports should be submitted to: Jennifer Thompson, Contract Manager Hennepin County Community Health Department 525 Portland Avenue South, Leve13 Minneapolis, MN 55415 II. DATA COLLECTION Funded agencies are required to complete an IIIV Services Client-Level Reporting System (CLRS) form for each client served by the contract and a financial worksheet on the utilization of resources. (See sample CLRS form attached, the financial worksheet will be presented at a training session.) The CLRS forms are bubble sheets requesting basic demographic information about each client. CLRS forms and the financial worksheet will be coliected by the 1�innesota Bepartment of Health as the coordinating agency for the federal Annual Administrative Report. Providers will receive additional informarion and training regarding data collection requirements. Providers are required to attend all trainings related to data collection and reporting. QUESTIOIVS about reporting? Call Jennifer Thompson, Hennepin County Community Health Department at (612) 348-5964. �F,�� q�t - a�18' _., ,:- . ;. RESOLUTION �.Il�iT PAUL, 1�IINNESOTA t:�r-•�:r; Refened To Committee: Date u'J 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the City of Saint Paul supports early intervention for newiy diagnosed HIV positive persons; and WHEREAS, the City will administer Ryan White Early Intervention Program to be targeted to low-income, uninsured, and underinsured persons; and WHEREAS, the City will receive funding for this activity from a contract with Hennepin County Community Health Department who is coordinating the spending of Ryan White CARE Act Funds in Minnesota; and WHEREAS, a copy of the contract which is to be kept on record and on fi{e i� the Department of Finance and Management Services; and THEREFORE, BE IT RESOLVED, ihat the proper City Officials are hereby authorized and directed to execute an agreement with the Hennepin County Community Health Department. �� a Bostrom Harris �� f/GA � T_ e¢azM d Rettman une Yeas ✓ � ✓ r � r Navs Absent Requested by Department of: Saint Paul Public Health By: �it�tC� Adopted by C,6u�i1: Date� Adoption� erh'f� b Coum i By: ; Approved by Ma • Date BY� `' +._-- //1/� Form� prove by ' At B � 2 �.2 0 — �� Approved by Mayor for Submission to Council By: �rti. � ,�- - — _ a�, -a�t� Public Heal c � ziisi9� GREEN SHEET N_ 3 3 9 8 9 _ COMACT PEflSON 8 PHONE � INRIAVOATE EPNiTMEM DIflECTOH "� � CITY CAUNGI Ydeal Hol[an 292-7713 ^u�" [�.eft'rarroFwEV �cmc�aK MUST BE ON fAUNCIL AGENDA BY (DATE) � aFOR ���� DIqECTO � FlN. & MGT. SERVICES DIR. QRDEF � MAYOR (OR ASSISiANf� O TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnounEauesrm: Council Resolution to authorize City signatures on a contract be[ween the City of Saint Paul, acting through its Saint Paul Public Health and Iiennepin County through the Hennepin County Gommunity Health Department. RECOMMENOA7iONS= appwa (A) a Reject (R} pEpSONAL SERViCE CONTRACTS NUST ANSW ER THE FOILOWING QUESTONS: _ PLANNING COMMISSION _ ClY0. SERVICE COMM4SSION 1. Has this persoMfirm ever worked under a corrtract for lliis departmenK - _ a8 GoMMmEe _ YES 'NO � _�� 2. Has this perwnlfirm ever been a city emptoyee? — YES NO _ DISTAIGT CAUR7 _ 3. Oces this petsunNirtn possess a skill not narmall Y Possessed DY atry a�rce�t city amplqrae? SUPPORTS WHIGH COUNCIL OBJECTIVE7 YES NO Explain a11 yes answers on separate sheet anG atteeh to green sheet , INITIATING PROH�EM, ISSUE. OPPORTUNITY iWho, Whai, When. Where, Why): This is a continuation of the Ryan White Early Intervention Activities which has been previously funded by the Minneapolis Department of Health. The Hennep-in Caunty Community Health Department has assumed fiscal responsibility. Newly diagnosed HIV positive persons many times are low-income, uninsured, and underinsured. The new availability of HIV related drug therapy puts new emphasis on medical intervention as early as poseible. ADVANTAGESIFAPPROVED: . ' Saint Paul will receive funding/reimbursement for the services provided to this project. ' The project will continue to be a state-wide model based on the experience of Saint Paul Public Health on this project in previous years. ' Early intervention will assist persons to know the available HIV related resources, particularly medical intervention. DISADVANTAGESIFAPPROVED. ' � r .. + ;�{> . NONE �ouncii Research Center �° �EB �'� 199T Ts-.,n r n 'eG`� ��ffi���h�'�� - �...,_. , �AAYOR'� (J�PIG'E �ES 20 1997 DISADVANTAGES IF NOT APPROVED: ' Funding will not be obtained for our role in this project. ' Possibility of loss of exgerienced staff and deterioration of the pro,J"ect. ' Loss of ineaningful information to HIV infected persons. TOTAL AMOUNT OF THANSACTION $ 3� OOO COST/REVENUE BUDGETEp (CIRCLE ONE) YES NO FUNDItdGSOURCE HeriReplri CO. CoIDtIIUAlty H831tY1 Dept. ACTIYITYNUMBER 33243 FINANCIAL INFORMATION: (EXPLAIN) Hennepin Counry Community Health Depar6nent a� -i� �' AA Code: M13 ContractNo. A11237 Federal Tax ID Na Vendor No AIAS/I3IV SERVICES AGREEMENT THIS AGREEMENf made and entered into by and between the County of Hennepin, State of Minnesota, hereinafter referred to as the "County", tt�rough the Hennepin Connty Community Health Deparknent, 525 Portland Avenue, Minneapolis, Minnesota 55415, hereinafter refeired to as the "Department", and the City of St. Paul through its Public Health Department, hereinafter refesed to as the "Provider." TERM. AND COST OF THE AGREEMENT A. The term of this Agreement shall be from 7anuary 1,1997, xhrou�h-May 2, 1997. B. Total cash paysnents to the Provider for AIDS1f3N related services shall not exceed the lesser of $3,000, or actual allowable expenses. 2. PAYMENT FOR CONTRACTED SERVICES A. The Provider agrees to make expenditures of county-provided payments for the purpose of providing the services as described in fi�ibit A and within the line item budget contained in Exhibit B and to reimburse to the County any and all County payments in excess of actual allowable expenses within 120 days of Che expirarion date of this Agreement or 120 days after cancellation of this Agreement. B. Payment for services shall be made directly to the Provider after complefion of the services upon the presentation of a claim in the manner provided by law goveming the County's payznent of claims and/or invoices. Upon final execution of this agreement, the provider agency may request an advance equal to the first month's award based on a proration of the contract amount. The Provider shaA submit monthly invoices for services rendered on forms which will be fumished by the County. {See Exhibit C) Payment shall be made within 35 days from receipt of the invoice. Invoices will be due: February 15, 1997 for services provided during the period 3anuary 1, 1997 - January 31, 1997; March 15, 1997 for services pxovided during the period February 1, 1997 - February 28, 1497; April I5, 1947 for services provided during the period March 1, 1997 - Mazch 31, 1997; and May 15, 1997 for services provided during the period April l, 1997 - May 2, 1997. The final payment will be made after reconciliation of final expenses and the previous payments including the initial advance. Payments shall be made in the manner provided by law for payment of c]aims against the County. C. The Provider agrees that every reasonable effort will be made to collect from third-party payment sources andlor govemment agencies, which are either authorized or under legal obtigarion to make such payments. Hennepin County Communiry Health Deparhneni 3. CONTRACTED SBRVSCES q�, •av� A. AIDSIHIV related services shall be provided by Ciry of St. Paul Public Aealth at offices located at 555 Cedar Street, St. Paul, Minnesota. B. Provider shall provide services to idenrified targeted populations as described in E�ibit A. Participants must be at or below 300 percent of the federal poverty level, as outlined below: Family Size Annual Income 1 $ 23,220 2 31,080 3 38,940 4 46,800 5 54,660 6 62,520 7 70,380 8 78,240 For family units with more than eight members, add $2,620 for each additional member. C. Provider shall provide documented reports on services provided and clients served as requested. D. Provider agrees fo provide equal access to services, and shall not deny services based on inability to pay. 4. CONDTTIONS OF THE PARTIES' OBLIGATIONS The Provider shall comply with each of the following pmvisions: A. The Maltreatment of Minors Reporting Act, Minnesota Statutes Section 626.556 and all rules promulgated by the Minnesota Department of Human Services implementing such Act now in force or hereafter adopted. B. The Vulnerable Adults Reporting Act, Minnesota Statutes, Section 626.557, and all rules promulgated by the Minnesota Department of Human Services implemenring such Act now in force or hereafter adopted. 5. l�UDITS REPORTS MONITORING PROCEAURES RECORDS AND EVALUATION The Provider shall: A. Shall provide the Department with a quarterly narrative report on services provided in the format delineated in fixhibit D. A narrative report will be due May 15, 1997 for services provided during the period January 1, 1997 - Mazch 31, 1997. A quarterly narrative report on 9� -ay� Hennepin County Community Health Aepartment services provided during the period of April l, 1997 - May 2, 1997, will be due August I5, 1997, and will also include services provided during the period of April 1, 1997 through June 30, 1997 as outlined in subsequent contracts. In addition, the provider shall collect and report anonymous client level data on al] individuals receiving HIV/AIDS services through this agreement to the Minnesota Deparhnent of Health as highlighted in Eachibit D. B. Shall maintain in each client record verificafion of FiIV status. Client records will be available for review during site visits conducted by the contract manager. One site visit will be conducted during the contract period. C. Shall include, at a minimum, the following language in its client consent forms: "The Hennepin County Community Health Department funds this program and requires some personal informarion be collected and reported periodically for the following purQoses: • To identify the services persons with HN disease need and use. • To identify barriers to receiving those services. • To evaluate future funding needs We are not required to send your name or any other identifying information to the Hennepin County Community Health Department as a condition of funding." D. Maintain a bookkeeping system which sufficiently and properly reflects all direct and indirect costs of any nature expended in the performance of this Agreement. E. Maintain all financial books and records for at least 5 years for audit purposes; provided that, if the Department fiunishes written notice during this period requesring retention of records to allow complerion of an andirop [ne Deparhnent or its ultimate sources of funds, the Provider shall retain records for the period requested. F. Particapate in evaluarion of Provider services, through the following activities: The Pxovider shall develop a plan incorporafing community and client input into the evaluation of the delivery of services, to be submitted to the Department by March 31, 1997. The Provider will consult at least once a quarter with the Deparhnent on the development and content of all program services and products and the status of program implementation. The Department shall conduct an on-site program visit at least once during the contract period. This ��sit shall be for the purposes of assessing compliance with contractual obligations, assessing program effectiveness and providing technical assistance. The Provider agrees that the County, the State Auditor, or IegislaYive authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessarv, shall have access to and the right to examine, audit, excerpt, and h-anscribe any books, documents, papers, records, etc., and accounting procedures and practices of the Providez which aze relevant to this Agreement. 6. SPECIAL DUTIES The Provider shall attend all trainings and meetings required by the Deparhnent. �1- ay � Hennepin Counry Community Health Deparhnrnt 7. STANDARDS AND LICENSES A. During the term of this Agreement, the Provider shall comply with all applicable standazds required by the Minnesota Deparhnent of Aealth and shall maintain appropriate license and certification requirements. Failure to maintain such standazds may be cause for cancellation of this Agreement. In addirion, the Provider shall comply with any other standards or criteria established by the Depaztment to assure quality of service. B. The Provider shall remain in compliance with all other applicable federal, state, or local laws and regulations pertaining to the pezformance of this Agreement. 8. DATA PRIVACY All data collected, created, received, maintained, or disseminated for any purposes by the activities of the Provider in the performance of this Agreement is govemed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other statutory provisions governing data privacy, Minnesota Rules implemenring such Act now in force or hereafter adopted, as well as Federal regulations on data privacy. 9. NON DISCRIMINATION - AFFIIZMATNE ACTION A. In accordance with Hennepin County's policies against discrimination, no person shall be excluded from full employment rights, denied access to, or participation in, or the benefits of any program, service or acrivity, or subjected to harassment on the grounds of race, color, creed, religiasr, sge; se�-�isability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable Federal or State laws, rules, or regularions against discrimination shall be otherwise subjected to discrimination. B. If this Agreement is for a sum of over $50,000 or is one of several contracts with said Provider within a 12-month period totaling more than $50,�00 or is amended to exceed $SQ,OQ� and 1) A written governmental jurisdiction plan exemption is granted by the Director of the County's Affirmative Action Programs Department (Director), it is agreed that Hennepin County's Appendix Z forms and is a part of this Agreement; or 2) A written exemprion is not granted or is withdrawn by said Director, then it is agreed that Hennepin County's Appendix Y forms and is a part of this Agreement as though fully set forth herein. 3) Provider will fisnish all information and reports required by the Hennepin County Affirmative Action Policy. 4) Provider shall adopt and comply with Hennepin County's Equal Employment Opportunity/Affirmative Action Policies, with regard to employment and contracting. If at any time during the contract period, the basis of an approved exemption should change, Provider shall inform the Director in writing within ten (10) calendar days from the date of said change. � °l'1-a�t Hennepin County Gommunity Health Departmeni C. Where applicable, no qualified handicapped person as defined by United States Department of Health and Human Services Regulations Title 45, Part 84.3 (j) (k) which implements Section 504 of the Rehabilitation Act of 1973, 29 USC 704 under Executive Order ATO. 11914 (4 FR 17871, April 28, 1976): 1) Shall be denied access to or opportunity to participate in or receive benefits from any service offered by the Provider under the provisions of this Agreement, nor 2) Shall any qualified handicapped person be subject to discrimination in employment under any program or activity related in the services fiunished by the Provider. 3) Where applicable, no qualified individual with a disability as defined by the Americans with Disabilities Act of 1990, Public Law 101-336, Title I, Section 101(8) shall be discrimanated against by the denial of full and equal enjoyment of the services and facilities, privileges, advantages, or accommodations furnished by the Provider as a private enfity operating a service as a puhlic accommodation pursuant to the provisions of Tifle III of the Americans with Disabilities Act, Secrion 301(7). D. Provider agrees to adhere to the County's Acquired Immune Deficiency Syndrome (AIDS) Policy which provides that no employee, applicant or client shall be subjected to testing, removed from normal and customary status, or deprived of any rights, privileges or freedoms because of his or her AIDS status except for clearly stated, specific, and compelling medical and/or public health reasons. Provider shall establish the necessary policies conceming AIDS to assure that County clients in contracted programs and provider's employees in County contraefed preg�ams are afforded the same h with regazd to AIDS as persons direct]y employed or served by the County. E. If during the term of this Agreement or any extension thereof it is discovered that the Provider is not in complianee with the applicable regulations or if the Provider engages in any discriminatory practices, the Department shall cancel this Agreement in accoxdance with Paragraph 14 hereof. 10. INDEMNIFICATION AND INSTJRANCE A. Indemnification: The Provider agrees to defend, indemnify, and hold haxmless the County, its elected officials, officers, agents, volunteers, and employees from any liability, claims, causes of acfion, judgments, damages, losses, costs, or expenses, including reasonable attomeys fees, resulting directly or indirectly from an act or omission of the Provider, its subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the Provider to perform fully, in any respect, all obligations under this Agreement. The forgoing indemnificarion is at all times subject to limits in Minnesota Statute 466 as to the provider. q� •a� Hennepin County Communiry Health Deparhnent B. Insurance: The Provider is self-insured. The Provider shall require that each independent professionaUcontractor rendering counseling and/or health care services on a regular basis fo recipients under this Agreement fumish to the Provider proof of Professional Liability insurance as follows: Professional Liability - Errors and Omissions: Per Claim Aggregate �: Professional Liability - Medical A�7alpracfice: Per Occurrence Aggregate I 1. INDEPENDENT PROVIDER $1,000,000 $1,000,000 $1,000,000 $1,000,000 It is agreed that nothing herein contained is intended or should be conshued in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Provider as the agent, representative, or employee of the County for any purpose or in any manner whatsoever. The Provider is to be and shall remain an independent provider with respect to all services performed under this Agreement. The Provider represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of Provider or other persons, while engaged in the performance of any work or services required by Provider under this Agreement, shall have no contractual relationship with the County and shall not be considered employees of the County, and any and all claims that may or might arise under the Minnesota Economic Security Act or the Workers Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Provider, its officers, agents, providers, or employees shall in no way be the responsibility of the County; and Provlder shall defend, indemnify, and hold the Counry, its commissioners, offacers, agents, and employees harmless from any and all such claims irrespecrive of any determinarion of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall not requize nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, vacation leave, Workers' Compensation, IZe-employment Insurance, disability, severance pay, and PERA. 12. SUBCONTRACTII�IG AND A5SIGNMENTS The Provider shall neither enter into subcontracts for performance of any of the services contemplated under this Agreement, nor assign this Agreement, without the prior written approval of the Department and subject to such conditions and provisions as the Department may deem necessary. The Provider shall be responsible for the performance of all subcontractors. 6 q�-a�a� He�nepin County Communiry Health Departrnent 13. DEFAULT A. Unless the Provider's default is excused undez the provisions of this Agreement, the Provider after receipt of notice by the Deparlment of any of the following conditions or other circumstances warranfing cancellarion of this A�-eement, shall have ten (10) days (or such longer period as the Deparlment may authorize in writing) after receipt of the notice from the Department to cure the specified failure: 1) If the Provider fails to provide services called for by this Agreement within the time specified herein or any extension thereof; or 2) If the Provider is in such fmancial condifion so a to endanger the performance of this Agreement; or 3) If the Provider fails to perfarm any of the other provisions of this Agreement, or so fails to prosecute the work as to endanger perfozmance of this Agreement in accordance with its terms; or 4) If it is discovered that material misrepresentations were made by the Provider as to conditions relied upon by the Deparhnent, which are purported to exist according to the terms of this Agreement and all exhibits and documents attached hereto and incorporated by reference. If the Pravider fails to cure the specified condition after notice within the prescribed period of time, the Departmer.±:na3t, ��pon writter. notce, i*.r±nediately cancel the whole or part of this Agreement. Notwithstanding the above, Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of this Agreement by Provider, and the County may withhold any payments to the Provider for the purpose of set-off until such time as the exact amount of damages due the County is determined. B. The rights and remedies of the County and the Deparhnent provided in this clause shall not be exclusive and aze in addition to any other rights and remedies provided by ]aw or equity. The County's failwe to insist upon strict performance of any covenant, agreement, or stipularion of this Agreement or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipularion, or right, unless the County consents thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of the future of such covenant, agreement, stipulation, or right. 14. NOTICES Any notice or demand which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: Hennepin County Community Heakh Depariment Provider Mary Sonnen, Director, HIV/AIDS Programs City of St. Paul Public Health 555 Cedar Street St. Paul, Mumesota 55101 (612)292-7711 County Jeff Spartz Heimepin County Administrator A-2303 Goveminent Center Minneapolis, MN 55487 (612)348-7574 Department Hennepin County Community Health Department c10 Mark Lee 525 Portland Avenue South Minneapolis, MN 55415 (612)348-4092 �l'1- �y� Any party znay designate a different addressee or address at any time by giving written notice delivered by certified mail. 15. CANCELLATION Either party may cancel this Agreement with or without cause upon 30 days written norice delivered by certified mail. After receipt of a notice of cancellarion, and except as otherwise directed, the Provider shall: A. Discontinue provision of services under this Agreement on the date, and to the extent specified, in the notice of cancellation; B. Cancel all orders and subcontracts to the extent that they relate to the performance of services canceled by the notice of cancellation; C. Settle all outstanding liabilities and all claims arising out of such cancellation of orders and subcontracts, with the approval or ratificarion to the extent that may be required, which approval or ratificarion shall be final for all the purposes of this clause; D. Complete performance of such services as shall not have been canceled by the notice of cancellation; and Hennepin Counry Community Health Department q� •a4�' E. Maintain all records relating to performance of the canceled portion of the Agreement as may be required by the Department. 16. SEVERABILITY In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdicrion, such holding shall not invalidate or render unenforceable any other provision hereof. 17. CONTRACT ADMTNISTRATION In order to coordinate the services of the Provider with the activities of the Community Health Department so as to accomplish the purposes of this contract, 7ennifer Thompson shall manage this contract on behalf of the County and shall serve as a liaison between the County and the Provider. 18. MERGER AI3D MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreement and negotiations between the parties relating to the subjecf matter hereo£ AIl items refened to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any material alterarions, variations, modifications, or waivers of provisions of this Agreement shall be va�id when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. C. Any policy changes by the Provider embodying client populations, client services, service locarions or hours, must be approved by the Department and shall be valid only when incorporated as an amendment to this Agreement and signed by the parties hereto. 19. FAIR HEARING AND GRIEVANCE PROCEDURE The Provider shall establish a procedure through which recipients may assert grievances concerning the operation of the service programs. The Provider shall advise service recipients of this procedure. The Provider will make available to the Department a copy of the Provider's existing grievance procedure. Any changes in the grievance procedure shall be forwarded to the Deparhnent within 30 days of the change 20. PAPER RECYCLING The County encourages the Provider to develop and implement an office paper and newsprint recycling program. In contracts over $250,OOQ the Provider aa ees to establish an office paper and newsprint recycling program. The Provider shall provide a written plan to the County upon request, which shall include a description of the program, the program administrator, list of collectibles and procedures utilized for recycling, as wel] as an annual summary report. a� -a�t� Hennepin County Communiry Nealth Department The Provider, having signed this Agreement, and the Hennepin County Board of Commissioners, having duly approved this Agreement on January 1, 1997, and pursuant to such approval and the proper Counry official having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form and execution. COUNT'Y OF HENI3EPIN, STATE OF MINNESOTA Assistant County Attomey Date' CITY OF SAINT PAUL APPROVED AS TO FORM: Assistant City Attorney Date: Chair of Its County Boazd Acting County Administrator ATTEST: Deputy/Clerk of the County Board , CITY OF ST. PAUL PUBLIC HEALTFI Director, Saint Paul Public Title� Health Name: Director, Finance and Tit1e: Management Services 10 q�-ayd Hennepin Counry Communiry Health Deparhnent STATE OF MINNESOTA ) COUN'I'Y OF HENNEPIN ) ) ss. On this day of , 19_, before me appeared to me personally Imown, who stated ihat he/she is the of the corporarion described in and who executed the foregoing insh�ument; and that said instrument was executed on behalf of said coxporation by authority of its Board/Governing Body; and he/she aclmowledged said instrument to be the free act and deed of said coiporation. Notary Public My Commission Expires 11 �f � -�4d Hennepin County Community Health Deparhnent AIDS/HIV SERVICES AGREEMENT EXHIBIT A [.YK�l�s�l���l�il [� Agency: City of St. Paul, St. Paul Public Aealth, Room 111 Clinic Program: Early Intervention Services Funding Period: 7anuary 1, 1997 - May 2, 1997 Program Summary: St. Paul Public Health, Room 1 I 1 Clinic will provide early intervention services to primarily newly diagnosed individuals living with HIV disease, include, but not limited to: physician services, nursing services, laboratory testing, and referral to other appropriate services. Target Population: Low income (at or below 300% of federal poverty level) individuals living with HIV disease in the 13 county Eligible Metropolitan Area.* GOAL 1: Improve the health and well-being of individuals newly diagnosed with HIV through the provision of early intervention services, including, but not limited to: physician services, nursing services, laboratory testing, and referral to other appropriate services. Ohjective l.a.: Provide at least 15 eazly intervention service visits to iQ eligible individuals living with HN disease. Outcome/Service Measure: Number of clients served. Number of early intervention service visits. *Thirteen county Eligible Metropolitan Area includes: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright Counties in Minnesota and Pierce and St. Croix Counties in Wisconsin. Modificalions to Exhibit A allowed tl�rough writien request and prior approval af contract manager. a� -a�� HennepSn County Community Health DepartmenT AIDS/HIV SERVICES AGREEMENT EXFIIBIT B PROGRAM BUDGET Agency: City of St. Paul, St. Paul Public Health, Room I11 Program: Eazly 3ntervention Services Funding Period: January 1, 1997 - May 2, 1997 Budgef Category CAR� ACT TITLE I Funded Pmgram Budget Amount a. Personnel $ 800 b. Fringes @ 20% of personnel $ 160 c. Travel $ 0 d. Equipment $ 0 e. Supplies $ 0 f. Contractual: Physician Services $ 1,500 g. Other: Laboratory Costs $ 540 h. Total Direct Charges $ 3,000 i. Indirect Charges $ 0 j_ TOTAL $ 3,000 Modif cations within each category of the above line item budget of less than 10 percent of any line item are permitted without prior approval by the County, so long as notification of such modzfzcations is given to zhe County. Hennepin Counry Communiry Health Deparhnent AIDS/HIV SERVICES AGREEMENT EXHIBIT C IiW OICE Agency: City of St. Paul Public Health, Room 111 Clinic Program: Eazly Intervention Services Funding Period: January 1, 1997 - May 2, 1997 ° -a� � Bxpenditure Cateeory Amount a. b. c. d. e. f. g• h. i. J• Personnel Fringes Travel Equipment Supplies Contractual Other Total Direct Charges Indirect Charges TOTAL REIMBURSEMENT REQUBSTED: I, on behalf of hereby state that the above request for reimbursement represents an accurate accounring of expenditures for the services provided pursuant to an agreement with Hennepin County Community Health Deparhnent. Date: Title: Please send completed invoice to: Jennifer Thompson, Contract Manager Hennepin County Community Health Department 525 Portland Avenue South, Level 3 Minneapolis, MN 55415 QLIESTIONS about compJeting this invoice? CaIl7ennifer Thompson at (612) 348-5964. 9�-��lY Hennepin County Community Health Department � --" AIDSlIiIV SERVICES AGREEMENT EXHIBIT D DATA REPORTII�G FORMAT I. iVARRATIVE REPORT Please submit a quarterly narrarive report as pursuant to the signed services agreement which addresses the following areas: a. $riefly describe at least two case studies that typify the services being provided (i-2 paragraphs per case study). b. If the agency has not perfornted the activities nor provided the services required according to the scope of service for the quarter, please explain. c. Report any administrative issues (i.e. problems with data collection, intemal evaluation activities, staffing changes or problems, budgefing, etc.) that occurred during the quarter. d. Describe any client service needs identified during the quarter that remain unmet. e. List any trainings andtor workshops staff attended. £ Report the total number of clients serviced durin�the quarter. Also, report the number of clients not served, and the reasons the agency was unable to serve the clients. Each narrative report should clearly list the name and address of the agency, name of program (if applicable), reporting period, and the name and phone number of a contact person. Reports should be submitted to: Jennifer Thompson, Contract Manager Hennepin County Community Health Department 525 Portland Avenue South, Leve13 Minneapolis, MN 55415 II. DATA COLLECTION Funded agencies are required to complete an IIIV Services Client-Level Reporting System (CLRS) form for each client served by the contract and a financial worksheet on the utilization of resources. (See sample CLRS form attached, the financial worksheet will be presented at a training session.) The CLRS forms are bubble sheets requesting basic demographic information about each client. CLRS forms and the financial worksheet will be coliected by the 1�innesota Bepartment of Health as the coordinating agency for the federal Annual Administrative Report. Providers will receive additional informarion and training regarding data collection requirements. Providers are required to attend all trainings related to data collection and reporting. QUESTIOIVS about reporting? Call Jennifer Thompson, Hennepin County Community Health Department at (612) 348-5964. �F,�� q�t - a�18' _., ,:- . ;. RESOLUTION �.Il�iT PAUL, 1�IINNESOTA t:�r-•�:r; Refened To Committee: Date u'J 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the City of Saint Paul supports early intervention for newiy diagnosed HIV positive persons; and WHEREAS, the City will administer Ryan White Early Intervention Program to be targeted to low-income, uninsured, and underinsured persons; and WHEREAS, the City will receive funding for this activity from a contract with Hennepin County Community Health Department who is coordinating the spending of Ryan White CARE Act Funds in Minnesota; and WHEREAS, a copy of the contract which is to be kept on record and on fi{e i� the Department of Finance and Management Services; and THEREFORE, BE IT RESOLVED, ihat the proper City Officials are hereby authorized and directed to execute an agreement with the Hennepin County Community Health Department. �� a Bostrom Harris �� f/GA � T_ e¢azM d Rettman une Yeas ✓ � ✓ r � r Navs Absent Requested by Department of: Saint Paul Public Health By: �it�tC� Adopted by C,6u�i1: Date� Adoption� erh'f� b Coum i By: ; Approved by Ma • Date BY� `' +._-- //1/� Form� prove by ' At B � 2 �.2 0 — �� Approved by Mayor for Submission to Council By: �rti. � ,�- - — _ a�, -a�t� Public Heal c � ziisi9� GREEN SHEET N_ 3 3 9 8 9 _ COMACT PEflSON 8 PHONE � INRIAVOATE EPNiTMEM DIflECTOH "� � CITY CAUNGI Ydeal Hol[an 292-7713 ^u�" [�.eft'rarroFwEV �cmc�aK MUST BE ON fAUNCIL AGENDA BY (DATE) � aFOR ���� DIqECTO � FlN. & MGT. SERVICES DIR. QRDEF � MAYOR (OR ASSISiANf� O TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnounEauesrm: Council Resolution to authorize City signatures on a contract be[ween the City of Saint Paul, acting through its Saint Paul Public Health and Iiennepin County through the Hennepin County Gommunity Health Department. RECOMMENOA7iONS= appwa (A) a Reject (R} pEpSONAL SERViCE CONTRACTS NUST ANSW ER THE FOILOWING QUESTONS: _ PLANNING COMMISSION _ ClY0. SERVICE COMM4SSION 1. Has this persoMfirm ever worked under a corrtract for lliis departmenK - _ a8 GoMMmEe _ YES 'NO � _�� 2. Has this perwnlfirm ever been a city emptoyee? — YES NO _ DISTAIGT CAUR7 _ 3. Oces this petsunNirtn possess a skill not narmall Y Possessed DY atry a�rce�t city amplqrae? SUPPORTS WHIGH COUNCIL OBJECTIVE7 YES NO Explain a11 yes answers on separate sheet anG atteeh to green sheet , INITIATING PROH�EM, ISSUE. OPPORTUNITY iWho, Whai, When. Where, Why): This is a continuation of the Ryan White Early Intervention Activities which has been previously funded by the Minneapolis Department of Health. The Hennep-in Caunty Community Health Department has assumed fiscal responsibility. Newly diagnosed HIV positive persons many times are low-income, uninsured, and underinsured. The new availability of HIV related drug therapy puts new emphasis on medical intervention as early as poseible. ADVANTAGESIFAPPROVED: . ' Saint Paul will receive funding/reimbursement for the services provided to this project. ' The project will continue to be a state-wide model based on the experience of Saint Paul Public Health on this project in previous years. ' Early intervention will assist persons to know the available HIV related resources, particularly medical intervention. DISADVANTAGESIFAPPROVED. ' � r .. + ;�{> . NONE �ouncii Research Center �° �EB �'� 199T Ts-.,n r n 'eG`� ��ffi���h�'�� - �...,_. , �AAYOR'� (J�PIG'E �ES 20 1997 DISADVANTAGES IF NOT APPROVED: ' Funding will not be obtained for our role in this project. ' Possibility of loss of exgerienced staff and deterioration of the pro,J"ect. ' Loss of ineaningful information to HIV infected persons. TOTAL AMOUNT OF THANSACTION $ 3� OOO COST/REVENUE BUDGETEp (CIRCLE ONE) YES NO FUNDItdGSOURCE HeriReplri CO. CoIDtIIUAlty H831tY1 Dept. ACTIYITYNUMBER 33243 FINANCIAL INFORMATION: (EXPLAIN) Hennepin Counry Community Health Depar6nent a� -i� �' AA Code: M13 ContractNo. A11237 Federal Tax ID Na Vendor No AIAS/I3IV SERVICES AGREEMENT THIS AGREEMENf made and entered into by and between the County of Hennepin, State of Minnesota, hereinafter referred to as the "County", tt�rough the Hennepin Connty Community Health Deparknent, 525 Portland Avenue, Minneapolis, Minnesota 55415, hereinafter refeired to as the "Department", and the City of St. Paul through its Public Health Department, hereinafter refesed to as the "Provider." TERM. AND COST OF THE AGREEMENT A. The term of this Agreement shall be from 7anuary 1,1997, xhrou�h-May 2, 1997. B. Total cash paysnents to the Provider for AIDS1f3N related services shall not exceed the lesser of $3,000, or actual allowable expenses. 2. PAYMENT FOR CONTRACTED SERVICES A. The Provider agrees to make expenditures of county-provided payments for the purpose of providing the services as described in fi�ibit A and within the line item budget contained in Exhibit B and to reimburse to the County any and all County payments in excess of actual allowable expenses within 120 days of Che expirarion date of this Agreement or 120 days after cancellation of this Agreement. B. Payment for services shall be made directly to the Provider after complefion of the services upon the presentation of a claim in the manner provided by law goveming the County's payznent of claims and/or invoices. Upon final execution of this agreement, the provider agency may request an advance equal to the first month's award based on a proration of the contract amount. The Provider shaA submit monthly invoices for services rendered on forms which will be fumished by the County. {See Exhibit C) Payment shall be made within 35 days from receipt of the invoice. Invoices will be due: February 15, 1997 for services provided during the period 3anuary 1, 1997 - January 31, 1997; March 15, 1997 for services pxovided during the period February 1, 1997 - February 28, 1497; April I5, 1947 for services provided during the period March 1, 1997 - Mazch 31, 1997; and May 15, 1997 for services provided during the period April l, 1997 - May 2, 1997. The final payment will be made after reconciliation of final expenses and the previous payments including the initial advance. Payments shall be made in the manner provided by law for payment of c]aims against the County. C. The Provider agrees that every reasonable effort will be made to collect from third-party payment sources andlor govemment agencies, which are either authorized or under legal obtigarion to make such payments. Hennepin County Communiry Health Deparhneni 3. CONTRACTED SBRVSCES q�, •av� A. AIDSIHIV related services shall be provided by Ciry of St. Paul Public Aealth at offices located at 555 Cedar Street, St. Paul, Minnesota. B. Provider shall provide services to idenrified targeted populations as described in E�ibit A. Participants must be at or below 300 percent of the federal poverty level, as outlined below: Family Size Annual Income 1 $ 23,220 2 31,080 3 38,940 4 46,800 5 54,660 6 62,520 7 70,380 8 78,240 For family units with more than eight members, add $2,620 for each additional member. C. Provider shall provide documented reports on services provided and clients served as requested. D. Provider agrees fo provide equal access to services, and shall not deny services based on inability to pay. 4. CONDTTIONS OF THE PARTIES' OBLIGATIONS The Provider shall comply with each of the following pmvisions: A. The Maltreatment of Minors Reporting Act, Minnesota Statutes Section 626.556 and all rules promulgated by the Minnesota Department of Human Services implementing such Act now in force or hereafter adopted. B. The Vulnerable Adults Reporting Act, Minnesota Statutes, Section 626.557, and all rules promulgated by the Minnesota Department of Human Services implemenring such Act now in force or hereafter adopted. 5. l�UDITS REPORTS MONITORING PROCEAURES RECORDS AND EVALUATION The Provider shall: A. Shall provide the Department with a quarterly narrative report on services provided in the format delineated in fixhibit D. A narrative report will be due May 15, 1997 for services provided during the period January 1, 1997 - Mazch 31, 1997. A quarterly narrative report on 9� -ay� Hennepin County Community Health Aepartment services provided during the period of April l, 1997 - May 2, 1997, will be due August I5, 1997, and will also include services provided during the period of April 1, 1997 through June 30, 1997 as outlined in subsequent contracts. In addition, the provider shall collect and report anonymous client level data on al] individuals receiving HIV/AIDS services through this agreement to the Minnesota Deparhnent of Health as highlighted in Eachibit D. B. Shall maintain in each client record verificafion of FiIV status. Client records will be available for review during site visits conducted by the contract manager. One site visit will be conducted during the contract period. C. Shall include, at a minimum, the following language in its client consent forms: "The Hennepin County Community Health Department funds this program and requires some personal informarion be collected and reported periodically for the following purQoses: • To identify the services persons with HN disease need and use. • To identify barriers to receiving those services. • To evaluate future funding needs We are not required to send your name or any other identifying information to the Hennepin County Community Health Department as a condition of funding." D. Maintain a bookkeeping system which sufficiently and properly reflects all direct and indirect costs of any nature expended in the performance of this Agreement. E. Maintain all financial books and records for at least 5 years for audit purposes; provided that, if the Department fiunishes written notice during this period requesring retention of records to allow complerion of an andirop [ne Deparhnent or its ultimate sources of funds, the Provider shall retain records for the period requested. F. Particapate in evaluarion of Provider services, through the following activities: The Pxovider shall develop a plan incorporafing community and client input into the evaluation of the delivery of services, to be submitted to the Department by March 31, 1997. The Provider will consult at least once a quarter with the Deparhnent on the development and content of all program services and products and the status of program implementation. The Department shall conduct an on-site program visit at least once during the contract period. This ��sit shall be for the purposes of assessing compliance with contractual obligations, assessing program effectiveness and providing technical assistance. The Provider agrees that the County, the State Auditor, or IegislaYive authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessarv, shall have access to and the right to examine, audit, excerpt, and h-anscribe any books, documents, papers, records, etc., and accounting procedures and practices of the Providez which aze relevant to this Agreement. 6. SPECIAL DUTIES The Provider shall attend all trainings and meetings required by the Deparhnent. �1- ay � Hennepin Counry Community Health Deparhnrnt 7. STANDARDS AND LICENSES A. During the term of this Agreement, the Provider shall comply with all applicable standazds required by the Minnesota Deparhnent of Aealth and shall maintain appropriate license and certification requirements. Failure to maintain such standazds may be cause for cancellation of this Agreement. In addirion, the Provider shall comply with any other standards or criteria established by the Depaztment to assure quality of service. B. The Provider shall remain in compliance with all other applicable federal, state, or local laws and regulations pertaining to the pezformance of this Agreement. 8. DATA PRIVACY All data collected, created, received, maintained, or disseminated for any purposes by the activities of the Provider in the performance of this Agreement is govemed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other statutory provisions governing data privacy, Minnesota Rules implemenring such Act now in force or hereafter adopted, as well as Federal regulations on data privacy. 9. NON DISCRIMINATION - AFFIIZMATNE ACTION A. In accordance with Hennepin County's policies against discrimination, no person shall be excluded from full employment rights, denied access to, or participation in, or the benefits of any program, service or acrivity, or subjected to harassment on the grounds of race, color, creed, religiasr, sge; se�-�isability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable Federal or State laws, rules, or regularions against discrimination shall be otherwise subjected to discrimination. B. If this Agreement is for a sum of over $50,000 or is one of several contracts with said Provider within a 12-month period totaling more than $50,�00 or is amended to exceed $SQ,OQ� and 1) A written governmental jurisdiction plan exemption is granted by the Director of the County's Affirmative Action Programs Department (Director), it is agreed that Hennepin County's Appendix Z forms and is a part of this Agreement; or 2) A written exemprion is not granted or is withdrawn by said Director, then it is agreed that Hennepin County's Appendix Y forms and is a part of this Agreement as though fully set forth herein. 3) Provider will fisnish all information and reports required by the Hennepin County Affirmative Action Policy. 4) Provider shall adopt and comply with Hennepin County's Equal Employment Opportunity/Affirmative Action Policies, with regard to employment and contracting. If at any time during the contract period, the basis of an approved exemption should change, Provider shall inform the Director in writing within ten (10) calendar days from the date of said change. � °l'1-a�t Hennepin County Gommunity Health Departmeni C. Where applicable, no qualified handicapped person as defined by United States Department of Health and Human Services Regulations Title 45, Part 84.3 (j) (k) which implements Section 504 of the Rehabilitation Act of 1973, 29 USC 704 under Executive Order ATO. 11914 (4 FR 17871, April 28, 1976): 1) Shall be denied access to or opportunity to participate in or receive benefits from any service offered by the Provider under the provisions of this Agreement, nor 2) Shall any qualified handicapped person be subject to discrimination in employment under any program or activity related in the services fiunished by the Provider. 3) Where applicable, no qualified individual with a disability as defined by the Americans with Disabilities Act of 1990, Public Law 101-336, Title I, Section 101(8) shall be discrimanated against by the denial of full and equal enjoyment of the services and facilities, privileges, advantages, or accommodations furnished by the Provider as a private enfity operating a service as a puhlic accommodation pursuant to the provisions of Tifle III of the Americans with Disabilities Act, Secrion 301(7). D. Provider agrees to adhere to the County's Acquired Immune Deficiency Syndrome (AIDS) Policy which provides that no employee, applicant or client shall be subjected to testing, removed from normal and customary status, or deprived of any rights, privileges or freedoms because of his or her AIDS status except for clearly stated, specific, and compelling medical and/or public health reasons. Provider shall establish the necessary policies conceming AIDS to assure that County clients in contracted programs and provider's employees in County contraefed preg�ams are afforded the same h with regazd to AIDS as persons direct]y employed or served by the County. E. If during the term of this Agreement or any extension thereof it is discovered that the Provider is not in complianee with the applicable regulations or if the Provider engages in any discriminatory practices, the Department shall cancel this Agreement in accoxdance with Paragraph 14 hereof. 10. INDEMNIFICATION AND INSTJRANCE A. Indemnification: The Provider agrees to defend, indemnify, and hold haxmless the County, its elected officials, officers, agents, volunteers, and employees from any liability, claims, causes of acfion, judgments, damages, losses, costs, or expenses, including reasonable attomeys fees, resulting directly or indirectly from an act or omission of the Provider, its subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the Provider to perform fully, in any respect, all obligations under this Agreement. The forgoing indemnificarion is at all times subject to limits in Minnesota Statute 466 as to the provider. q� •a� Hennepin County Communiry Health Deparhnent B. Insurance: The Provider is self-insured. The Provider shall require that each independent professionaUcontractor rendering counseling and/or health care services on a regular basis fo recipients under this Agreement fumish to the Provider proof of Professional Liability insurance as follows: Professional Liability - Errors and Omissions: Per Claim Aggregate �: Professional Liability - Medical A�7alpracfice: Per Occurrence Aggregate I 1. INDEPENDENT PROVIDER $1,000,000 $1,000,000 $1,000,000 $1,000,000 It is agreed that nothing herein contained is intended or should be conshued in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Provider as the agent, representative, or employee of the County for any purpose or in any manner whatsoever. The Provider is to be and shall remain an independent provider with respect to all services performed under this Agreement. The Provider represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of Provider or other persons, while engaged in the performance of any work or services required by Provider under this Agreement, shall have no contractual relationship with the County and shall not be considered employees of the County, and any and all claims that may or might arise under the Minnesota Economic Security Act or the Workers Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Provider, its officers, agents, providers, or employees shall in no way be the responsibility of the County; and Provlder shall defend, indemnify, and hold the Counry, its commissioners, offacers, agents, and employees harmless from any and all such claims irrespecrive of any determinarion of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall not requize nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, vacation leave, Workers' Compensation, IZe-employment Insurance, disability, severance pay, and PERA. 12. SUBCONTRACTII�IG AND A5SIGNMENTS The Provider shall neither enter into subcontracts for performance of any of the services contemplated under this Agreement, nor assign this Agreement, without the prior written approval of the Department and subject to such conditions and provisions as the Department may deem necessary. The Provider shall be responsible for the performance of all subcontractors. 6 q�-a�a� He�nepin County Communiry Health Departrnent 13. DEFAULT A. Unless the Provider's default is excused undez the provisions of this Agreement, the Provider after receipt of notice by the Deparlment of any of the following conditions or other circumstances warranfing cancellarion of this A�-eement, shall have ten (10) days (or such longer period as the Deparlment may authorize in writing) after receipt of the notice from the Department to cure the specified failure: 1) If the Provider fails to provide services called for by this Agreement within the time specified herein or any extension thereof; or 2) If the Provider is in such fmancial condifion so a to endanger the performance of this Agreement; or 3) If the Provider fails to perfarm any of the other provisions of this Agreement, or so fails to prosecute the work as to endanger perfozmance of this Agreement in accordance with its terms; or 4) If it is discovered that material misrepresentations were made by the Provider as to conditions relied upon by the Deparhnent, which are purported to exist according to the terms of this Agreement and all exhibits and documents attached hereto and incorporated by reference. If the Pravider fails to cure the specified condition after notice within the prescribed period of time, the Departmer.±:na3t, ��pon writter. notce, i*.r±nediately cancel the whole or part of this Agreement. Notwithstanding the above, Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of this Agreement by Provider, and the County may withhold any payments to the Provider for the purpose of set-off until such time as the exact amount of damages due the County is determined. B. The rights and remedies of the County and the Deparhnent provided in this clause shall not be exclusive and aze in addition to any other rights and remedies provided by ]aw or equity. The County's failwe to insist upon strict performance of any covenant, agreement, or stipularion of this Agreement or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipularion, or right, unless the County consents thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of the future of such covenant, agreement, stipulation, or right. 14. NOTICES Any notice or demand which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: Hennepin County Community Heakh Depariment Provider Mary Sonnen, Director, HIV/AIDS Programs City of St. Paul Public Health 555 Cedar Street St. Paul, Mumesota 55101 (612)292-7711 County Jeff Spartz Heimepin County Administrator A-2303 Goveminent Center Minneapolis, MN 55487 (612)348-7574 Department Hennepin County Community Health Department c10 Mark Lee 525 Portland Avenue South Minneapolis, MN 55415 (612)348-4092 �l'1- �y� Any party znay designate a different addressee or address at any time by giving written notice delivered by certified mail. 15. CANCELLATION Either party may cancel this Agreement with or without cause upon 30 days written norice delivered by certified mail. After receipt of a notice of cancellarion, and except as otherwise directed, the Provider shall: A. Discontinue provision of services under this Agreement on the date, and to the extent specified, in the notice of cancellation; B. Cancel all orders and subcontracts to the extent that they relate to the performance of services canceled by the notice of cancellation; C. Settle all outstanding liabilities and all claims arising out of such cancellation of orders and subcontracts, with the approval or ratificarion to the extent that may be required, which approval or ratificarion shall be final for all the purposes of this clause; D. Complete performance of such services as shall not have been canceled by the notice of cancellation; and Hennepin Counry Community Health Department q� •a4�' E. Maintain all records relating to performance of the canceled portion of the Agreement as may be required by the Department. 16. SEVERABILITY In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdicrion, such holding shall not invalidate or render unenforceable any other provision hereof. 17. CONTRACT ADMTNISTRATION In order to coordinate the services of the Provider with the activities of the Community Health Department so as to accomplish the purposes of this contract, 7ennifer Thompson shall manage this contract on behalf of the County and shall serve as a liaison between the County and the Provider. 18. MERGER AI3D MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreement and negotiations between the parties relating to the subjecf matter hereo£ AIl items refened to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any material alterarions, variations, modifications, or waivers of provisions of this Agreement shall be va�id when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. C. Any policy changes by the Provider embodying client populations, client services, service locarions or hours, must be approved by the Department and shall be valid only when incorporated as an amendment to this Agreement and signed by the parties hereto. 19. FAIR HEARING AND GRIEVANCE PROCEDURE The Provider shall establish a procedure through which recipients may assert grievances concerning the operation of the service programs. The Provider shall advise service recipients of this procedure. The Provider will make available to the Department a copy of the Provider's existing grievance procedure. Any changes in the grievance procedure shall be forwarded to the Deparhnent within 30 days of the change 20. PAPER RECYCLING The County encourages the Provider to develop and implement an office paper and newsprint recycling program. In contracts over $250,OOQ the Provider aa ees to establish an office paper and newsprint recycling program. The Provider shall provide a written plan to the County upon request, which shall include a description of the program, the program administrator, list of collectibles and procedures utilized for recycling, as wel] as an annual summary report. a� -a�t� Hennepin County Communiry Nealth Department The Provider, having signed this Agreement, and the Hennepin County Board of Commissioners, having duly approved this Agreement on January 1, 1997, and pursuant to such approval and the proper Counry official having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form and execution. COUNT'Y OF HENI3EPIN, STATE OF MINNESOTA Assistant County Attomey Date' CITY OF SAINT PAUL APPROVED AS TO FORM: Assistant City Attorney Date: Chair of Its County Boazd Acting County Administrator ATTEST: Deputy/Clerk of the County Board , CITY OF ST. PAUL PUBLIC HEALTFI Director, Saint Paul Public Title� Health Name: Director, Finance and Tit1e: Management Services 10 q�-ayd Hennepin Counry Communiry Health Deparhnent STATE OF MINNESOTA ) COUN'I'Y OF HENNEPIN ) ) ss. On this day of , 19_, before me appeared to me personally Imown, who stated ihat he/she is the of the corporarion described in and who executed the foregoing insh�ument; and that said instrument was executed on behalf of said coxporation by authority of its Board/Governing Body; and he/she aclmowledged said instrument to be the free act and deed of said coiporation. Notary Public My Commission Expires 11 �f � -�4d Hennepin County Community Health Deparhnent AIDS/HIV SERVICES AGREEMENT EXHIBIT A [.YK�l�s�l���l�il [� Agency: City of St. Paul, St. Paul Public Aealth, Room 111 Clinic Program: Early Intervention Services Funding Period: 7anuary 1, 1997 - May 2, 1997 Program Summary: St. Paul Public Health, Room 1 I 1 Clinic will provide early intervention services to primarily newly diagnosed individuals living with HIV disease, include, but not limited to: physician services, nursing services, laboratory testing, and referral to other appropriate services. Target Population: Low income (at or below 300% of federal poverty level) individuals living with HIV disease in the 13 county Eligible Metropolitan Area.* GOAL 1: Improve the health and well-being of individuals newly diagnosed with HIV through the provision of early intervention services, including, but not limited to: physician services, nursing services, laboratory testing, and referral to other appropriate services. Ohjective l.a.: Provide at least 15 eazly intervention service visits to iQ eligible individuals living with HN disease. Outcome/Service Measure: Number of clients served. Number of early intervention service visits. *Thirteen county Eligible Metropolitan Area includes: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright Counties in Minnesota and Pierce and St. Croix Counties in Wisconsin. Modificalions to Exhibit A allowed tl�rough writien request and prior approval af contract manager. a� -a�� HennepSn County Community Health DepartmenT AIDS/HIV SERVICES AGREEMENT EXFIIBIT B PROGRAM BUDGET Agency: City of St. Paul, St. Paul Public Health, Room I11 Program: Eazly 3ntervention Services Funding Period: January 1, 1997 - May 2, 1997 Budgef Category CAR� ACT TITLE I Funded Pmgram Budget Amount a. Personnel $ 800 b. Fringes @ 20% of personnel $ 160 c. Travel $ 0 d. Equipment $ 0 e. Supplies $ 0 f. Contractual: Physician Services $ 1,500 g. Other: Laboratory Costs $ 540 h. Total Direct Charges $ 3,000 i. Indirect Charges $ 0 j_ TOTAL $ 3,000 Modif cations within each category of the above line item budget of less than 10 percent of any line item are permitted without prior approval by the County, so long as notification of such modzfzcations is given to zhe County. Hennepin Counry Communiry Health Deparhnent AIDS/HIV SERVICES AGREEMENT EXHIBIT C IiW OICE Agency: City of St. Paul Public Health, Room 111 Clinic Program: Eazly Intervention Services Funding Period: January 1, 1997 - May 2, 1997 ° -a� � Bxpenditure Cateeory Amount a. b. c. d. e. f. g• h. i. J• Personnel Fringes Travel Equipment Supplies Contractual Other Total Direct Charges Indirect Charges TOTAL REIMBURSEMENT REQUBSTED: I, on behalf of hereby state that the above request for reimbursement represents an accurate accounring of expenditures for the services provided pursuant to an agreement with Hennepin County Community Health Deparhnent. Date: Title: Please send completed invoice to: Jennifer Thompson, Contract Manager Hennepin County Community Health Department 525 Portland Avenue South, Level 3 Minneapolis, MN 55415 QLIESTIONS about compJeting this invoice? CaIl7ennifer Thompson at (612) 348-5964. 9�-��lY Hennepin County Community Health Department � --" AIDSlIiIV SERVICES AGREEMENT EXHIBIT D DATA REPORTII�G FORMAT I. iVARRATIVE REPORT Please submit a quarterly narrarive report as pursuant to the signed services agreement which addresses the following areas: a. $riefly describe at least two case studies that typify the services being provided (i-2 paragraphs per case study). b. If the agency has not perfornted the activities nor provided the services required according to the scope of service for the quarter, please explain. c. Report any administrative issues (i.e. problems with data collection, intemal evaluation activities, staffing changes or problems, budgefing, etc.) that occurred during the quarter. d. Describe any client service needs identified during the quarter that remain unmet. e. List any trainings andtor workshops staff attended. £ Report the total number of clients serviced durin�the quarter. Also, report the number of clients not served, and the reasons the agency was unable to serve the clients. Each narrative report should clearly list the name and address of the agency, name of program (if applicable), reporting period, and the name and phone number of a contact person. Reports should be submitted to: Jennifer Thompson, Contract Manager Hennepin County Community Health Department 525 Portland Avenue South, Leve13 Minneapolis, MN 55415 II. DATA COLLECTION Funded agencies are required to complete an IIIV Services Client-Level Reporting System (CLRS) form for each client served by the contract and a financial worksheet on the utilization of resources. (See sample CLRS form attached, the financial worksheet will be presented at a training session.) The CLRS forms are bubble sheets requesting basic demographic information about each client. CLRS forms and the financial worksheet will be coliected by the 1�innesota Bepartment of Health as the coordinating agency for the federal Annual Administrative Report. Providers will receive additional informarion and training regarding data collection requirements. Providers are required to attend all trainings related to data collection and reporting. QUESTIOIVS about reporting? Call Jennifer Thompson, Hennepin County Community Health Department at (612) 348-5964.