dvhhs: nov 7 packet

8/10/2019 DVHHS: Nov 7 Packet

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Des Moines Valley Health and Human Services

Board Meeting Agenda

REVISED

November 7, 2014 at 1 p.m.

Conference Room LEC Windom

I. Call to Order / Establish Quorum

II. Public Hearings (if applicable)

III. Approval of Agenda

________________________________________________________________________________________________

IV. Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the DVHHS Boardand will be enacted by one motion and an affirmative vote of a majority of the members present. There will beno separate discussion of these items unless a Board Member so requests, in which event the item(s)

will be removed from the Consent Agenda and considered separately by the Board under Other below .

a. Approve Auditor Warrants (summary in packet)

b. Approve October 9, 2014 Board Minutes (in packet)

c. WCA 2015 Transportation Contract

d. RBA- Probationary to permanent status Victoria Urban

_______________________________________________________________________________________________

V. Staff / Programming Report-

VI. Executive Director Agency Report

a. Directors Report

VII. Human Services

a. CSP Grant Application

b. Directors Report

VIII. Public Health

a. RBA-Quarterly Public Health Statistics

b. RBA-Zenith Contract

c. Directors Report

IX. Fiscal

a. Fiscal Reports

b. Directors Report

X. Operations

a. Directors Report

XI. Human Resources


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a. RBA- Establish Measurement Periods for Affordable Care Act

b. RBA- Status Change Policy

c. RBA-Closed Meeting

d. Directors Report

XII. Adjourn


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Warrant List

October 2014

Date

Beginning

Warrant

Number

Ending

Warrant

Number Amount

9/23/2014 6198 6224 8,971.98$

10/1/2014 6225 6263 58,828.26$

10/2/2014 6309 6349 87,155.87$10/3/2014 6266 6290 5,306.89$

10/7/2014 6291 6308 217,080.24$

10/9/2014 3025 3070 27,752.95$

10/14/2014 3071 3189 88,107.25$

10/14/2014 6350 6367 7,548.39$

10/22/2014 6368 6398 12,639.52$

10/22/2014 6399 6487 346,688.85$

10/28/2014 3190 3249 87,820.46$

10/28/2014 6488 6515 77,160.56$

10/28/2014 6516 6529 125,772.89$10/29/2014 3250 3270 44,257.83$

10/29/2014 3271 3282 14,123.04$

TOTAL OF WARRANTS 763,914.99$


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Page 1

The regular meeting of the Permanent Joint Powers Board of Des Moines Valley Health andHuman Services (DVHHS)was called to order Thursday, October 9, 2014 at 9:04 AM at theLaw Enforcement Center in Windom, Minnesota.

Presiding over the meeting was Chair Rosemary Schultz. Members present for the meeting wereCommissioners, Dave Henkels, Norman Holmen, Kim Hummel, John Oeltjenbruns, KevinStevens, and Gary Willink. Also present were Craig Myers, Executive Director; PatriciaStewart, Public Health Director; Robert Pankratz, Director of Business Management; KaySteffen, Director of Agency Operations; Mary Bezdicek, Fiscal Officer; Janice Fransen, HRDirector; Tammy Crowell, Associate Board Secretary; Sandra Phillips, Program Manager;Lindsay Chapman, Public Health Nurse Lead, Kelsey Andrews, Public Health Nurse.

Quorum Established.

Agenda ApprovalAdditional agenda item (Rural Health Outreach Grant) added under Public Health. Motion byHolmen, second by Willink and unanimous vote to approve Agenda with its additions.

Organizational

Consent Agenda

Approval of claims in the amount of $763,914.99. A detailed list of claims paid isavailable upon request.

Approval of September 11, 2014 Board Minutes

RBA- Master Grant Contract for Community Health Board

RBA- 2015 Health Insurance Rates

RBA- Kelsey Andrews from Probationary to Permanent status.

Motion by Oeltjenbruns, second by Henkelsand unanimous vote to approve the ConsentAgenda items.

Staff/Programming Report

Power Point presentation by the Maternal Child Health Nurses on the population that is served,the referral process, and the long term impact of early intervention.

Executive Director Agency Report

Work EffectsCraig gave an update on the Work Effects trainings that have been going on and informationabout upcoming training dates.

UnionLabor negotiations continue to move forward. The next meeting is scheduled for October 29,2014.


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Continuing Care Provider BulletinCraig updated the Board on a recent Bulletin that affects continuing care providers in both PublicHealth and Human Services.

Human Services

Directors ReportCraig gave an update on recent legislative items that may have a direct fiscal impact and servicesprovided by DVHHS in regards to Child Protection, CMS Reviews, and Mental Health Servicesbudget reductions.

Public Health

Zenith Contract

Motion by Schultz, second by Henkels and unanimous vote to approve a contract with ZenithResearch Inc. to conduct surveys for the Start Noticing Program in both Cottonwood andJackson Counties.

Rural Health Outreach Grant (HRSA) ConsortiumMotion by Hummel, second by Holmen and unanimous vote to approve Consortiuminvolvement with Sanford Jackson with the Rural Health Outreach Grant pilot.

Directors ReportUpdated Board with resignation of Tracy Mitchell as a Public Health Nurse in the school systemand her transition to roster nurse. Information was also provided on a Risk Management

Training that will be coming up in November in Worthington. Information and trainingcontinues in regards to Ebola.

Fiscal

Budget ReportRobert Pankratz, Director of Business Management, presented the budget report and the Out ofHome Placement costs report.

Directors ReportRobert Pankratz, Director of Business Management gave updates on staff cross training going on

in the Fiscal Department and the re-organization of duties.


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Operations

Operations ReportKay Steffen, Director of Agency Operations, updated the Board on staffing. Work continues to

fill those positions with the exception of the open Office Support Specialist position. Crosstraining is being done of the OSS staff.

Update was given on the merging of computer networks.

Work EffectsSpecific dates were provided for the upcoming Work Effects meetings. Also there will be aCommissioners team breakout session.

Human Resources

Blue Cross Blue Shield Senior GoldMotion by Oeltjenbruns, second by Henkels and unanimous vote to approve offering the BlueCross Blue Shield Senior Gold Plan for Medicare Eligible retirees.

Voluntary Accident and Critical Illness PoliciesMotion by Stevens, second by Holmen and unanimous vote to approve the offering of AssurantBenefits group Voluntary Accident and Voluntary Critical Illness policies to DVHHS staff.

Wellness IncentivesMotion by Hummel, second by Oeltjenbruns and unanimous vote to approve the Letter ofAgreement for Wellness Institute Services with SW/WC Wellness Institute and authorization of

Human Resources Director to execute the Agreement.

Motion by Holmen, second by Stevens and unanimous vote to approve the adoption of Policy774 Wellness Pilot Program for all non-union employees.

Motion by Oeltjenbruns, second by Hummeland unanimous vote to approve theMemorandum of Agreement for the Wellness Pilot Program with AFSCME Local 1762.

Directors ReportJanice Fransen, HR Director, presented information on the Biometric Screenings to be held inJackson on October 17thand 18thand in Windom on October 21st, and 22nd. Enrollment meetings

are being held on October 15, 2014. Evaluations process is currently underway.

Other Business

Southern Prairie Community care is having discussions regarding payment of fiscal servicesprovided by DVHHS. Building signage for Human Services and Public Health needs to beupdated.


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ACE office currently located in Windom human service building will be moving to the BARCbuilding and no specific date has been set..

Adjourn

Motion by Schultz, second by Hummel, and unanimous vote to adjourn meeting at 11:44 a.m.

__________________________ ___________________Chairman Date

_______________________________________ _____________________________Attest To Date


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TRANSPORTATION CONTRACT

BETWEEN

DES MOINES VALLY HEALTH AND HUMAN SERVICES

AND

WESTERN COMMUNITY ACTION TRANSPORTATION PROGRAM

This agreement is between Western Community Action hereinafter referred to as the Provider, andDes Moines Valley Health and Human Services (DVHHS), hereinafter referred to as the Agency.

Witnesseth

WHEREAS, the Agency desires to purchase transportation services for certain qualified clients; and

WHEREAS, the Provider has registered volunteer drivers driving their own cars and employed driversoperating public transit buses available to provide said transportation services to the Agency.

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, theAgency and Provider agree as follows:

I. CONTRACT DURATION

This term of this Contract shall be from January 1, 2015 to December 31, 2015, the date of signature bythe parties notwithstanding, unless earlier terminated as provided herein. At the termination of theabove Contract term, this Contract may be renewed, upon agreement of the Agency and Provider, foradditional one-year periods provided that the Provider has satisfactorily performed the services hereindescribed.

II. PROVIDER OBLIGATIONS

General Description. The Provider shall assign a requested ride to a registered volunteer driveraccording to their standard procedures or to a hired bus driver employed by the Provider or third partyoperator of public transit services operating in the area. The Provider shall notify the Agency if the ridecannot be provided as soon as is reasonably possible. The Agency or client may call Providersdispatcher to obtain the name of the driver and the details of the ride the day before the trip if thisinformation is required. The Provider shall immediately notify the Agency of any changes that mayaffect the Providers ability to perform this Contract, including, but not limited to, the following: (1)changes in the Providers service area; (2) funding considerations; (3) reimbursement changes; and (4)unforeseen operational circumstances.

The Provider, as a public transportation service funded primarily through a contract with the MinnesotaDepartment of Transportation, reserves the right to transport other riders with clients when suchtransportation coincides with trip requests by the Agency. The Provider shall, when requested, informthe Agency prior to the trip of the other riders who will be accompanying the client on the trip.

The Provider has the right to deny services to Agency clients who do not abide by Providers rules,safety regulations or who cause property damage or may be a threat to Providers drivers.


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The Provider shall ensure that the Volunteer Driver Program and the assigned drivers have been advisedof the Volunteer Driver Minimum Standards and Codes of Conduct. All drivers shall be required tocomply with Provider rules and the aforementioned Codes of Conduct and Volunteer Driver MinimumStandards. Criminal Background checks will be conducted on all new volunteer drivers upon registeringand a random number screened each year thereafter.

Providers Personnel: Provider shall provide the Agency with such information regarding thequalifications of its staff, including professionals, volunteers, and others, as is required by the Agency toverify that present and subsequent services are being rendered by competent, trained, and properlylicensed or certified personnel.

Publicity: Provider will not use the Agencys or DVHHSs name in any brochure, pamphlet or otherwisein a way which implies endorsement or recommendation without the Agencys consent.

Agency Access: The Agency or any authorized representative shall have the right to conduct periodicon-site visits to determine compliance with this Contract and to evaluate the quality of service provided

under this Contract.

III. AGENCY OBLIGATIONS

The Agency shall make arrangements with the Provider for rides according to the Agencys standardprocedures. The Agency shall call the Providers dispatcher to schedule the ride or allow certainpassengers to call directly for their ride. The Agency shall provide information to their client includingwho will be providing the ride, scheduled pick-up times and other pertinent information. The Agencyshall notify the Providers dispatcher that was initially contacted of any cancellations as soon as theAgency becomes aware of such cancellation. If required and authorized by law, the Agency shallprovide the client' Medical Assistance number or other information necessary for billing.

IV.

COST OF SERVICEThe Agency will reimburse the Provider for rides according to the agreed upon terms for passenger trips

a. Trip Reimbursement rates are as follows:

Cost per trip is based on the agreed upon billed rates for the bus/driver miles.

When the Provider is authorized by the Agency to assign a trip to another transit system,

the mileage costs may vary but will not exceed the rates below unless pre-approved.

b. In consideration of the total operating budget of the Provider, the County will pay no more thanthe following:

Volunteer Drivers - Local or out of area trips:$0.71 per mile Total Driver Miles (miles from when the driver leaves his house, picksup client, drops client off and returns to house).$0.56 per mile If coordinated with other passengers

(The volunteer driver mileage rate is the IRS rate rounded down to the nearest whole centplus .15 per mile administrative cost. The current IRS rate is .56 /mile. The amount


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charged when trips cannot be coordinated is .71/mile per one way. Rates will change, ifand when,the IRS rate changes). A notice confirming effective date of rate changes willbe sent with billing statements.

Due to limited resources, all trip requests will be coordinated when possible.

Public Transit Bus services - Local In-Town trips:

$2.50 Each Way

Rural trips Each Way Bus:$ 4.00 0 7 miles$ 6.00 8 15 miles$10.00 16 30 miles$13.00 31 40 miles

Rates on the bus are based on miles from pick-up point to the destination. Rides are

subject to availability of buses.

In the event of a no-show or if the ride is canceled too late to notify the driver, the Agency willreimburse the Provider all costs incurred, but not in excess of the actual trip cost.

Meal and other associated trip costs will be reimbursed when authorized by AGENCY per policyand procedures of the PROVIDER. Receipts are retained for meal and parking costs (whenavailable) by the PROVIDER for audit purposes.

An Escort is allowed to ride at no cost when necessary to assist with passenger(s). Every effortwill be made to assign the most cost effective means of providing a ride, whether it is by bus orvolunteer drivers, based on available options.

In the event of a no-show or if the ride is canceled too late to notify the driver, the AGENCYwill reimburse the PROVIDER all costs incurred, but not in excess of the actual trip cost.

CONTRACTED HOURLY SERVICE:When a bus driver with special training is needed to provide transportation for a passenger(s)with special needs requiring a higher level of escort assistance, the rate will be $50.00/hour.Criteria for determining passenger eligibility for a higher level of service must have priorauthorization by designated AGENCY and PROVIDER staff.

V. PAYMENT

No Minimum Requirement: It is understood and agreed by the parties that the Agency assumes noobligation to purchase from Provider any minimum amount of services as defined by the terms of thisContract.

Invoices: Provider shall, within thirty (30) working days following the last day of each calendar monthin which services were provided, submit an invoice for payment. The invoice shall itemize the date(s)such services were provided, the name of the client receiving services, and the amount and type of allreimbursable expenses being charges to the Contract.


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Payment Procedure: The Agency shall make payment to Provider within thirty (30) days of the date onwhich the invoice is received.

Payment of Disputed Claims: The Agency may refuse to pay any claim which is not specifically

authorized by this Contract. Payment of a claim shall not preclude the Agency from questioning thepropriety of the claim. In the event the Agency withholds payment for failure to provide service orfailure to comply with any of the provisions of this Contract, then no interest penalty shall accrue againstthe Agency for non-payment of disputed claims. The Agency reserves the right to offset anyoverpayment or disallowance of claim by reducing future payments.

VI. COMPLIANCE WITH LAWS AND STANDARDS

General: Provider shall abide by all Federal, State, or local laws, statutes, ordinances, rules, andregulations now in effect or hereinafter adopted pertaining to this Contract or to the facilities, programsand staff for which Provider is responsible.

Financial Participation: In the event that there is a revision of State or Federal law or regulations whichmakes this Contract or any portion thereof ineligible for State or Federal financial participation, allparties agree to review the Contract and renegotiate those items necessary to bring it into compliancewith the new State or Federal regulations. Refusal to renegotiate within seven (7) days of a request inorder to bring the Contract into compliance shall be cause for termination of the Contract as of the dateit becomes ineligible for State or Federal financial participation.

Revision of Laws: In the event that there is a revision of Federal, State, or local statutes, rules or otherlaw, which might make services provided under the terms of this Contract or any portion thereofunlawful, all parties will review the Contract and renegotiate those items necessary to bring the Contractinto compliance with the new law. Refusal to renegotiate within seven (7) days of a request, so as tobring this Contract into compliance with the new law immediately (or within a reasonable time ifimmediate compliance is not possible) shall be cause for termination of this Contract as of the date whenthe Contract is out of compliance.

Violations: Any violation of Federal, State, or local laws, statutes, ordinances, rules, or regulations, aswell as loss of any applicable license or certification by Provider shall constitute a material breach ofthis Contract, whether or not intentional, and shall entitle the Agency to terminate this Contract upondelivery of written notice of termination to Provider. Notwithstanding any other provision of thisContract, such termination shall be effective as of the date of such violation, failure or loss.

Minnesota Law to Govern: This Contract shall be governed by and construed in accordance with thesubstantive and procedural laws of the State of Minnesota, without giving effect to the principles ofconflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota,County of Lyon.

VII. STANDARD ASSURANCES

Limited English Proficiency Provisions: It is understood that all agency contractors, grantees, licenseesand any other public or private individual and/or organization that operates, provides or engages inhealth, or social services programs and activities on behalf of the Agency and receives federal funding,


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must comply with the Title IV language access requirements. Title IV and its implementing regulationsprovide that no person shall be subjected to discrimination on the basis of race, color, or national originunder any program or activity that receives federal financial assistance. Federal Civil rights compliancerequirements for Title IV include a legal obligation to provide language assistance services to allapplicants and clients with Limited English Proficiency free of charge and in a timely manner during all

hours of operation.

Non-Discrimination: During the performance of this Contract, the Provider shall not unlawfullydiscriminate against any employee or applicant for employment because of race, color, creed, religion,sex, national origin, disability, age, marital status or public assistance status. No funds received underthis Contract shall be used to provide religious or sectarian training or services. The Provider shallcomply with any federal or state law regarding non-discrimination.

Data Privacy: For purposes of this Contract all data collected, created, received, maintained ordisseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13and the Minnesota Rules implementing the Act now in force or hereinafter adopted, as well as federal

laws on data privacy. The Provider shall strictly comply with these statutes and rules. All subcontractsshall contain the same or similar data practices compliance requirements.

Records Disclosure and Retention: Providers bonds, records, documents, papers, accountingprocedures and practices, and other evidences relevant to this Contract are subject to the examination,duplication, transcription and audit by the Agency and either the Legislative or State Auditor, pursuantto Minn. Stat. 16B.06, subd. 4. Such evidences are also subject to review by the Comptroller General ofthe United States, or a duly authorized representative, if federal funds are used for any work under thisContract. The Provider agrees to maintain such evidences for a period of five (5) years from the dateservices or payment were last provided or made or longer if any audit in progress requires a longerretention period.

Worker Health, Safety and Training: Provider shall be solely responsible for the health and safety of itsemployees and volunteers in connection with the work performed under this Contract. Provider shallmake arrangements to ensure the health and safety of all subcontractors and other persons who mayperform work in connection with this Contract. Provider shall ensure that all personnel of Provider andsubcontractors or third parties are properly trained and supervised and, when applicable, duly licensed orcertified appropriate to the tasks the personnel are engaged in under this Contract. Provider shallcomply with the Occupational Safety and Health Act and the Employee Right to Know Act, Minn.Stat. 182.65, et.seq., where applicable.

Appeals: The Provider shall assist the Agency in complying with the provisions of Minn. Stat. 256.;045Administrative and Judicial Review of Human Services Matters.

Reporting: Provider shall comply with the provisions of the Child Abuse Reporting Act, Minn. Stat.626.556, as amended, and the Vulnerable Adult Reporting Act, Minn. Stat. 626.557, as amended, andany rules promulgated by the Minnesota Department of Human Services, implementing such Acts.

Minnesota Department of Human Services (MDHS) Third-Party Beneficiary: Provider acknowledgesand agrees that the MDHS is a third-party beneficiary and as a third-party beneficiary, is an affectedparty under this Contract. Provider specifically acknowledges and agrees that the MDHS has standingto and may take any appropriate administrative action or sue Provider for any appropriate relief in law or


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equity, including but not limited to, rescission, damages or specific performance or all or any part of theContract between the Agency and Provider. Provider specifically acknowledges that the Agency and theMDHS are entitled to and may recover from Provider, reasonable attorneys fees and costs anddisbursements associated with any action taken under this paragraph that is successfully maintained.This provision shall not be construed to limit the rights of any party to the Contract or any other third

party beneficiary, nor shall it be construed as a waiver of immunity under the Eleventh Amendment tothe United States Constitution or any other waiver of immunity.

HIPAA Compliance: The Contractor agrees to provide assurance to the Agency that it will comply withthe Health Information Portability ACT (HIPAA) requirements necessary to protect IndividualIdentifying Health Information (IIHI). Use and disclosure will require that IIHI be:

1. appropriately safeguarded, and2. any misuse of IIHI will be reported to the Agency.

Furthermore the Contractor agrees to:

1.

secure satisfactory assurance of compliance from any subcontractor;2. grant individuals access and ability to amend their IIHI;3. make available an accounting of disclosures;4. release applicable records to the Agency or to the Department of Human Services if requested;

and5. upon termination, return or destroy all IIHI in accordance with conventional record destruction

practices.

Noncompliance: If the Contractor or subcontractor fails to comply with the provisions of this contract,the Agency may terminate the contract (if feasible), report the problem to the Department of HumanServices, and/or seek any available legal remedy.

VIII. INDEPENDENT CONTRACTOR STATUS

Provider is to be and shall remain an independent contractor with respect to any and all work performedunder this Contract. Provider acknowledges and agrees that Provider is not entitled to receive any of thebenefits received by Agency or DVHHS employees and is not eligible for workers or unemploymentcompensation benefits under the Agency or DVHHS..IX.INDEMNIFICATION

Provider shall indemnify, hold harmless and defend the Agency, its officers, agents and employeesagainst any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys feeswhich the Agency, its officers, agency and employees may hereafter sustain, incur or be required to payarising out of or by reason of:

1. Any negligent or willful act or omission of Provider, its agents, servants or employees, in theexecution, performance, or failure to adequately perform Providers obligations pursuant to thisContract which causes bodily injury, death, personal injury, property loss or damage to another; or


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2. Bodily or personal injury, death, or property loss or damage to any applicant or eligible recipienteither while participating in or receiving the care and services to be furnished under this Contract, orwhile on or in premises or vehicles owned, leased, or operated by Provider, or while beingtransported to or from said premises in any vehicle owned, operated, leased, chartered, or otherwisecontracted for by Provider or any officer, agent, or employee thereof; or

3. Any applicant or eligible recipient causing injury to, or damages to the property of another personduring any time when Provider or any officer, agent or employee thereof has undertaken or isfurnishing the care and services called for under this Contract; or

4. Any claim or cause of action in equity for damages arising out of employment or allegedemployment by Provider or discrimination in Providers employees or volunteers.

In the event that any action, suit, or proceeding is brought against the Agency upon any matter hereinindemnified against, the Agency shall s soon as practicable cause notice in writing thereof to be given toProvider by mail addressed to its post office address.

The Agency agrees to indemnify and hold harmless the Provider from any and all liability, loss, costs,damages and expenses arising out of or by reason of any act or omission of the Agency, its agents,servants or employees, in the execution, performance, or failure to adequately perform its obligationspursuant to this Contract. It is understood and agreed that the Agencys liability shall be limited by theprovisions of Minn Stat. Ch. 466 or other applicable law.

X. INSURANCE

The Provider further agrees, in order to protect itself and the Agency under the indemnity provisions setforth above, to at all times during the term of this Contract, have and keep in force a liability insurancepolicy with the following minimum amounts to not be less than those specified in Minn. Stat. Ch. 466:

General Liability - $500,000 per claimant/$1,500,000 per occurrence for bodily injury, personalinjury and property damage.

Automobile Liability - $500,000 per claimant/$1,500,000 per occurrence for bodily injury andproperty damage.

Public Officials Liability Coverage - $1,500,000 per occurrence.Prior to the effective date of this Contract, and as a condition precedent to this Contract, the Providerwill furnish the Agency with certificates of insurance. The Agency may withhold payments for failureof the Provider to furnish proof of insurance coverage or to comply with the insurance requirementsherein.

XI.

SUBCONTRACTING/ASSIGNMENT

Provider shall not enter into new subcontracts for any of the goods and services contemplated under thisContract without the prior written approval of the Agency. All subcontracts shall be subject to therequirements of this Contract. This limitation shall not apply to volunteer drivers. In any event,however, the Provider shall be responsible for the performance of any subcontractor or volunteer.


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XII. DEFAULT

If provider fails to perform any of the provisions of this Contract or so fails to administer the work as toendanger the performance of this Contract, this shall constitute default. Unless otherwise provided, noevent shall constitute a default giving rise to the right to terminate unless and until written Notice of

Default is given to the defaulting party, specifying the particular event, series of events or failureconstituting the default and the cure period. If the party in default fails to cure the specifiedcircumstances as described by the Notice of Default within ten (10) days or such other time as may bespecified under the terms of this Contract, then this Contract may be terminated by written notice.

XIII. TERMINATION

This Contract may be terminated with or without cause by either party upon thirty (30) days writtennotice.

XIV. CONTRACT RIGHTS AND REMEDIES

All remedies available to either party under the terms of this Contract or by law are cumulative and maybe exercised concurrently or separately, and the exercise of any one remedy shall not be deemed anelection of such remedy to the exclusion of other remedies.

The waiver of any default by either party, or the failure to give notice of any default shall not constitutea waiver of any subsequent default or be deemed to be a failure to give such notice with respect to anysubsequent default.

Waiver of breach of any provision of this Contract shall not be construed to be modification for theterms of this Contract unless stated to be such in writing and signed by authorized representatives of theAgency and Provider.

XV. DAMAGES

Unless Providers default is excused under the terms of this Contract, the Agency may recover fromProvider such damages as it may have sustained by reason of additional administrative costs and otherdamages sustained by the County by reason of delay, price changes, loss of other contracts, loss ofincome, inability of the Agency to fulfill other contracts, loss of other benefits of this Contract, and anyother damages directly or consequently arising out of this Contract or a failure to perform the same byProvider. Both parties shall use their best efforts to mitigate any damages which might be suffered byreason of any event giving rise to a remedy hereunder.

XVI.

REPRESENTATIVES

The following named persons are designated the Authorized Representatives of the parties for thepurposes of this Contract. These persons have authority to bind the party they represent and to consentto modifications and subcontracts, except that, as to the Agency, the Authorized Representative shallhave only the authority specifically or generally granted by the County Board. Notification required tobe provided pursuant to this Contract shall be provided to the following named persons and addressesunless otherwise stated in this Contract, or in a modification of this Contract.


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Provider: Agency:Name: John D. Fitzgerald Name: Craig Myers

Title: Executive Director Title: DirectorWestern Community Action Des Moines Valley Health and Human Services

Address: 1400 W. South Saratoga Address: 9 4thStreetMarshall, MN 56258 Windom, MN 56101

Telephone: (507) 537-1416 Telephone: (507) 831-8310

XVII. MODIFICATIONS

Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only bevalid when they have been reduced to writing, and signed by the authorized representatives of theAgency and Provider.

XVIII.SEVERABILITY

The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void,invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainderof this Contract unless the part or parts which are void, invalid or otherwise unenforceable shallsubstantially impair the value of the entire Contract with respect to either party.

XIX. MERGER

This Contract is the final expression of the agreement of the parties and the complete and exclusivestatute of the terms agreed upon, and shall supersede all prior negotiations, understandings oragreements. There are no representations, warranties, or stipulations, either oral or written, not hereincontained.

XX. FAIR HEARING AND GRIEVANCE PROCEDURE

Provider agrees that a fair hearing and grievance procedure shall be established in conformance with andin conjunction with a fair hearing and grievance procedure established, developed and provided by theState Commissioner of Human Services and further agrees to inform eligible recipients of their right to afair hearing.

XXI EXTENSION CLAUSE

The parties further understand and agree that this Contract shall be automatically extended for anadditional period up to 90 days from the end date of this Contract in the event a new contractbetween the parties is desired, but not entered into, prior to the expiration date contained in thecontract. The purpose of this extension is to insure the existence of an uninterrupted contract inthe even that a new contract is desired but is unable to be signed by the parties prior to theexpiration date of this Contract. In the event that this Contract is extended pursuant to this clause,


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any change in fees contained in the subsequent contract may be made retroactive to the explorationdate of the Contract, by mutual agreement of the parties.

IN WITNESS WHEREOF, The parties have caused this agreement to be duly executed intending to bebound thereby.

AGENCY PROVIDER

BY: BY:DVHHS Board Chairperson Board Chairperson

Western Community Action

Date: Date:

BY: BY:

DVHHS Director Executive DirectorWestern Community Action

Date: Date:


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Complete and email this form to: [email protected]


Request for Board Action

** Requests must be received by the Board Secretary before noon the ThursdayPRIOR to the regularly scheduled board meeting. ***

Requested Board Date: 11/07/2014

Agenda Type: Consent Agenda

Agenda Item: Move Victoria Urban from Probationary to Permanent Status

Presenter: Jaimi/Pat Estimated Time: 10 minutes

Board Action Required:Board Approval

Attachments: Attachment Name:Background:

Fiscal Impact:None at this time. Salary adjustment given at year end.

Attorney Review:


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Date: October 14, 2014

To: The County Board Chair of the County

From: Glenace E. Edwall, Psy.D., Ph.D., LP, M.P.P.

Acting Assistant Commissioner and Director,Childrens Mental Health and Adult Mental Health Divisions

Chemical and Mental Health Services Administration of the Department of Human Services

Re: CY 2015 COMMUNITY SUPPORT SERVICES PROGRAM (CSP) GRANTS

This letter is to inform counties that the CSP grant plans which were submitted in the fall of 2014 will

remain in effect for CY15. Should a county need to make a change to their CSP grant plan, pleaseimmediately contact your Program Consultant below to receive the necessary forms:

Adult Mental Health Division, Community Relations Team - Program ConsultantsFaye Bernstein 651.431.2230 [email protected]

Jana Nicolaison 651.431.2234 [email protected]

Gary Travis 651.431.2252 [email protected] White 651.431.2518 [email protected]

An award letter, containing the requirements of the CSP grant, will be sent to you as usual in early 2015.

If you have any questions about the details of this memo, contact Carol Labine at

[email protected] 651-431-4871.

C: DHS Financial Management Division

The Director of Social Services of the County
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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Requested Board Date: November 7th, 2014

Agenda Type: Regular

Agenda Item: Quarterly Statistics for Public Health

Presenter: Mary Bezdicek Estimated Time: 20 minutes

Board Action Required:None informational only

Attachments: Attachment Name:Background:

Fiscal Impact:

Attorney Review:


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Requested Board Date: 11/7/2014

Agenda Type: Regular Agenda

Agenda Item: Approval of Contract

Presenter: Pat Stewart Estimated Time:10 minutes

Board Action Required:Approval of Contract for signature

Attachments: Yes, identify below Attachment Name:Contract with ZenithResearch, Inc.

Background: MDH has requested the Start Noticing Program to survey adultsin Cottonwood and Jackson Counties to assess the level of understanding inthe area of tobacco and e-cigarettes. The Zenith Research, Inc. is thecontractor recommended by MDH. MDH is requiring us to do the more

intense survey which is increase the survery from what was approved inOctober by $3,410.

Fiscal Impact:Grant funded by line item- no fiscal impact Remains the same

as October.

Attorney Review: Completed

Board Action: Approved Denied Tabled No Action

Motion: ________________________

Second: _______________________

Roll Call Vote: Henkels Holmen Hummel Oeltjenbruns Schmidt

Schultz Stevens Tusa Willink White

Notes:_____________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________


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$-

$172

$90

$130

$51

$211

$53

$163

$ 112 $ 112 $ 112 $ 112 $ 112 $ 112 $ 112 $ 112 $

$ 118 $ 118 $ 118 $ 118 $ 118 $ 118 $ 118 $ 118 $

-$65-$60-$55-$50-$45-$40-$35

-$30-$25-$20-$15-$10-$5$0$5

$10$15$20$25$30$35$40$45$50$55$60$65

$70$75$80$85$90$95

$100$105$110$115$120$125$130$135$140$145$150$155$160$165

$170$175$180$185$190$195$200$205$210$215$220$225

OUT OF HOME PLACEMENT EXPENDITURES

TOTAL OUT OF HOME PLACEMENT 2014 OVER/(UNDER) BUDGET 2014 AVERAGE MONTHLY BUDGET 2014


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MONTH OF SERVICE

OUT OF HOME PLACEMENT CO

OHP Cost BUDGET AMOUNT 12 per. Mov. Avg. (OHP Cost)

12 mov


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dvhhs: nov 7 packet

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