Des Moines Valley Health and Human Services

Board Meeting Agenda

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 Board
and will be enacted by one motion and an affirmative vote of a majority of the members present. There will be
no 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
a. Directors Report
XII. Adjourn
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 $
10/14/2014 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 $
TOTAL OF WARRANTS 763,914.99 $
Page 1

The regular meeting of the Permanent Joint Powers Board of Des Moines Valley Health and
Human Services (DVHHS) was called to order Thursday, October 9, 2014 at 9:04 AM at the
Law Enforcement Center in Windom, Minnesota.
Presiding over the meeting was Chair Rosemary Schultz. Members present for the meeting were
Commissioners, Dave Henkels, Norman Holmen, Kim Hummel, John Oeltjenbruns, Kevin
Stevens, and Gary Willink. Also present were Craig Myers, Executive Director; Patricia
Stewart, Public Health Director; Robert Pankratz, Director of Business Management; Kay
Steffen, Director of Agency Operations; Mary Bezdicek, Fiscal Officer; Janice Fransen, HR
Director; Tammy Crowell, Associate Board Secretary; Sandra Phillips, Program Manager;
Lindsay Chapman, Public Health Nurse Lead, Kelsey Andrews, Public Health Nurse.

Quorum Established.

Agenda Approval
Additional agenda item (Rural Health Outreach Grant) added under Public Health. Motion by
Holmen, 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 is
available 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 Henkels and unanimous vote to approve the Consent
Agenda 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 Effects
Craig gave an update on the Work Effects trainings that have been going on and information
about upcoming training dates.

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

Page 2


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

Human Services

Directors Report
Craig gave an update on recent legislative items that may have a direct fiscal impact and services
provided by DVHHS in regards to Child Protection, CMS Reviews, and Mental Health Services
budget reductions.


Public Health

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

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

Directors Report
Updated Board with resignation of Tracy Mitchell as a Public Health Nurse in the school system
and 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 training
continues in regards to Ebola.

Fiscal

Budget Report
Robert Pankratz, Director of Business Management, presented the budget report and the Out of
Home Placement costs report.

Directors Report
Robert Pankratz, Director of Business Management gave updates on staff cross training going on
in the Fiscal Department and the re-organization of duties.







Page 3


Operations

Operations Report
Kay 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. Cross
training is being done of the OSS staff.

Update was given on the merging of computer networks.

Work Effects
Specific dates were provided for the upcoming Work Effects meetings. Also there will be a
Commissioners team breakout session.

Human Resources

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

Voluntary Accident and Critical Illness Policies
Motion by Stevens, second by Holmen and unanimous vote to approve the offering of Assurant
Benefits group Voluntary Accident and Voluntary Critical Illness policies to DVHHS staff.

Wellness Incentives
Motion by Hummel, second by Oeltjenbruns and unanimous vote to approve the Letter of
Agreement 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 Policy
774 Wellness Pilot Program for all non-union employees.

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

Directors Report
Janice Fransen, HR Director, presented information on the Biometric Screenings to be held in
Jackson on October 17
th
and 18
th
and in Windom on October 21
st
, and 22
nd
. 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 services
provided by DVHHS. Building signage for Human Services and Public Health needs to be
updated.
Page 4

ACE office currently located in Windom human service building will be moving to the BARC
building 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

1
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, and
Des 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 drivers
operating public transit buses available to provide said transportation services to the Agency.

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, the
Agency 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 by
the parties notwithstanding, unless earlier terminated as provided herein. At the termination of the
above Contract term, this Contract may be renewed, upon agreement of the Agency and Provider, for
additional one-year periods provided that the Provider has satisfactorily performed the services herein
described.

II. PROVIDER OBLIGATIONS

General Description. The Provider shall assign a requested ride to a registered volunteer driver
according to their standard procedures or to a hired bus driver employed by the Provider or third party
operator of public transit services operating in the area. The Provider shall notify the Agency if the ride
cannot be provided as soon as is reasonably possible. The Agency or client may call Providers
dispatcher to obtain the name of the driver and the details of the ride the day before the trip if this
information is required. The Provider shall immediately notify the Agency of any changes that may
affect 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 Minnesota
Department of Transportation, reserves the right to transport other riders with clients when such
transportation coincides with trip requests by the Agency. The Provider shall, when requested, inform
the 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 advised
of the Volunteer Driver Minimum Standards and Codes of Conduct. All drivers shall be required to
comply with Provider rules and the aforementioned Codes of Conduct and Volunteer Driver Minimum
Standards. Criminal Background checks will be conducted on all new volunteer drivers upon registering
and a random number screened each year thereafter.

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

Publicity: Provider will not use the Agencys or DVHHSs name in any brochure, pamphlet or otherwise
in 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 periodic
on-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 standard
procedures. The Agency shall call the Providers dispatcher to schedule the ride or allow certain
passengers to call directly for their ride. The Agency shall provide information to their client including
who will be providing the ride, scheduled pick-up times and other pertinent information. The Agency
shall notify the Providers dispatcher that was initially contacted of any cancellations as soon as the
Agency becomes aware of such cancellation. If required and authorized by law, the Agency shall
provide the client' Medical Assistance number or other information necessary for billing.

IV. COST OF SERVICE
The 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 than
the following:


Volunteer Drivers - Local or out of area trips:
$0.71 per mile Total Driver Miles (miles from when the driver leaves his house, picks
up 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 cent
plus .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, if
and when, the IRS rate changes). A notice confirming effective date of rate changes will
be 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 will
reimburse 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 policy
and procedures of the PROVIDER. Receipts are retained for meal and parking costs (when
available) by the PROVIDER for audit purposes.

An Escort is allowed to ride at no cost when necessary to assist with passenger(s). Every effort
will be made to assign the most cost effective means of providing a ride, whether it is by bus or
volunteer 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 AGENCY
will 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 prior
authorization by designated AGENCY and PROVIDER staff.

V. PAYMENT

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

Invoices: Provider shall, within thirty (30) working days following the last day of each calendar month
in 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 all
reimbursable 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 on
which 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 the
propriety of the claim. In the event the Agency withholds payment for failure to provide service or
failure to comply with any of the provisions of this Contract, then no interest penalty shall accrue against
the Agency for non-payment of disputed claims. The Agency reserves the right to offset any
overpayment 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, and
regulations now in effect or hereinafter adopted pertaining to this Contract or to the facilities, programs
and staff for which Provider is responsible.

Financial Participation: In the event that there is a revision of State or Federal law or regulations which
makes this Contract or any portion thereof ineligible for State or Federal financial participation, all
parties agree to review the Contract and renegotiate those items necessary to bring it into compliance
with the new State or Federal regulations. Refusal to renegotiate within seven (7) days of a request in
order to bring the Contract into compliance shall be cause for termination of the Contract as of the date
it 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 other
law, which might make services provided under the terms of this Contract or any portion thereof
unlawful, all parties will review the Contract and renegotiate those items necessary to bring the Contract
into compliance with the new law. Refusal to renegotiate within seven (7) days of a request, so as to
bring this Contract into compliance with the new law immediately (or within a reasonable time if
immediate compliance is not possible) shall be cause for termination of this Contract as of the date when
the Contract is out of compliance.

Violations: Any violation of Federal, State, or local laws, statutes, ordinances, rules, or regulations, as
well as loss of any applicable license or certification by Provider shall constitute a material breach of
this Contract, whether or not intentional, and shall entitle the Agency to terminate this Contract upon
delivery of written notice of termination to Provider. Notwithstanding any other provision of this
Contract, 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 the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of
conflict 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, licensees
and any other public or private individual and/or organization that operates, provides or engages in
health, or social services programs and activities on behalf of the Agency and receives federal funding,
5
must comply with the Title IV language access requirements. Title IV and its implementing regulations
provide that no person shall be subjected to discrimination on the basis of race, color, or national origin
under any program or activity that receives federal financial assistance. Federal Civil rights compliance
requirements for Title IV include a legal obligation to provide language assistance services to all
applicants 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 unlawfully
discriminate 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 under
this Contract shall be used to provide religious or sectarian training or services. The Provider shall
comply with any federal or state law regarding non-discrimination.

Data Privacy: For purposes of this Contract all data collected, created, received, maintained or
disseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13
and 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 subcontracts
shall contain the same or similar data practices compliance requirements.

Records Disclosure and Retention: Providers bonds, records, documents, papers, accounting
procedures 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, pursuant
to Minn. Stat. 16B.06, subd. 4. Such evidences are also subject to review by the Comptroller General of
the United States, or a duly authorized representative, if federal funds are used for any work under this
Contract. The Provider agrees to maintain such evidences for a period of five (5) years from the date
services or payment were last provided or made or longer if any audit in progress requires a longer
retention period.

Worker Health, Safety and Training: Provider shall be solely responsible for the health and safety of its
employees and volunteers in connection with the work performed under this Contract. Provider shall
make arrangements to ensure the health and safety of all subcontractors and other persons who may
perform work in connection with this Contract. Provider shall ensure that all personnel of Provider and
subcontractors or third parties are properly trained and supervised and, when applicable, duly licensed or
certified appropriate to the tasks the personnel are engaged in under this Contract. Provider shall
comply 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.;045,
Administrative 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, and
any rules promulgated by the Minnesota Department of Human Services, implementing such Acts.

Minnesota Department of Human Services (MDHS) Third-Party Beneficiary: Provider acknowledges
and agrees that the MDHS is a third-party beneficiary and as a third-party beneficiary, is an affected
party under this Contract. Provider specifically acknowledges and agrees that the MDHS has standing
to and may take any appropriate administrative action or sue Provider for any appropriate relief in law or
6
equity, including but not limited to, rescission, damages or specific performance or all or any part of the
Contract between the Agency and Provider. Provider specifically acknowledges that the Agency and the
MDHS are entitled to and may recover from Provider, reasonable attorneys fees and costs and
disbursements 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 to
the United States Constitution or any other waiver of immunity.

HIPAA Compliance: The Contractor agrees to provide assurance to the Agency that it will comply with
the Health Information Portability ACT (HIPAA) requirements necessary to protect Individual
Identifying Health Information (IIHI). Use and disclosure will require that IIHI be:
1. appropriately safeguarded, and
2. 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;
and
5. 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 Human
Services, 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 performed
under this Contract. Provider acknowledges and agrees that Provider is not entitled to receive any of the
benefits received by Agency or DVHHS employees and is not eligible for workers or unemployment
compensation benefits under the Agency or DVHHS.
.
IX. INDEMNIFICATION

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

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

7
2. Bodily or personal injury, death, or property loss or damage to any applicant or eligible recipient
either while participating in or receiving the care and services to be furnished under this Contract, or
while on or in premises or vehicles owned, leased, or operated by Provider, or while being
transported to or from said premises in any vehicle owned, operated, leased, chartered, or otherwise
contracted 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 person
during any time when Provider or any officer, agent or employee thereof has undertaken or is
furnishing 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 alleged
employment 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 herein
indemnified against, the Agency shall s soon as practicable cause notice in writing thereof to be given to
Provider 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 obligations
pursuant to this Contract. It is understood and agreed that the Agencys liability shall be limited by the
provisions 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 set
forth above, to at all times during the term of this Contract, have and keep in force a liability insurance
policy 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, personal
injury and property damage.
Automobile Liability - $500,000 per claimant/$1,500,000 per occurrence for bodily injury and
property 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 Provider
will furnish the Agency with certificates of insurance. The Agency may withhold payments for failure
of the Provider to furnish proof of insurance coverage or to comply with the insurance requirements
herein.

XI. SUBCONTRACTING/ASSIGNMENT

Provider shall not enter into new subcontracts for any of the goods and services contemplated under this
Contract without the prior written approval of the Agency. All subcontracts shall be subject to the
requirements 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.


8
XII. DEFAULT

If provider fails to perform any of the provisions of this Contract or so fails to administer the work as to
endanger the performance of this Contract, this shall constitute default. Unless otherwise provided, no
event 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 failure
constituting the default and the cure period. If the party in default fails to cure the specified
circumstances as described by the Notice of Default within ten (10) days or such other time as may be
specified 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 written
notice.

XIV. CONTRACT RIGHTS AND REMEDIES

All remedies available to either party under the terms of this Contract or by law are cumulative and may
be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an
election 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 constitute
a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any
subsequent default.

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

XV. DAMAGES

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

XVI. REPRESENTATIVES

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

9
Provider: Agency:
Name: John D. Fitzgerald Name: Craig Myers

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

Address: 1400 W. South Saratoga Address: 9 4
th
Street
Marshall, 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 be
valid when they have been reduced to writing, and signed by the authorized representatives of the
Agency 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 remainder
of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall
substantially 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 exclusive
statute of the terms agreed upon, and shall supersede all prior negotiations, understandings or
agreements. There are no representations, warranties, or stipulations, either oral or written, not herein
contained.

XX. FAIR HEARING AND GRIEVANCE PROCEDURE

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


XXI EXTENSION CLAUSE

The parties further understand and agree that this Contract shall be automatically extended for an
additional period up to 90 days from the end date of this Contract in the event a new contract
between the parties is desired, but not entered into, prior to the expiration date contained in the
contract. The purpose of this extension is to insure the existence of an uninterrupted contract in
the even that a new contract is desired but is unable to be signed by the parties prior to the
expiration date of this Contract. In the event that this Contract is extended pursuant to this clause,
10
any change in fees contained in the subsequent contract may be made retroactive to the exploration
date of the Contract, by mutual agreement of the parties.

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

AGENCY PROVIDER

BY: BY:
DVHHS Board Chairperson Board Chairperson
Western Community Action

Date: Date:


BY: BY:
DVHHS Director Executive Director
Western Community Action

Date: Date:





Complete and email this form to: dvhhs-boardsecretary@dvhhs.org
Des Moines Valley Health and Human Services
Request for Board Action
** Requests must be received by the Board Secretary before noon the Thursday
PRIOR 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:







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, please
immediately contact your Program Consultant below to receive the necessary forms:

Adult Mental Health Division, Community Relations Team - Program Consultants
Faye Bernstein 651.431.2230 faye.bernstein@state.mn.us
Jana Nicolaison 651.431.2234 jana.nicolaison@state.mn.us
Gary Travis 651.431.2252 gary.m.travis@state.mn.us
Shelley White 651.431.2518 shelley.white@state.mn.us

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
Carol.Labine@state.mn.us or 651-431-4871.


C: DHS Financial Management Division
The Director of Social Services of the County




Complete and email this form to: dvhhs-boardsecretary@dvhhs.org
Des Moines Valley Health and Human Services
Request for Board Action
** Requests must be received by the Board Secretary before noon the Thursday
PRIOR to the regularly scheduled board meeting. ***

Requested Board Date: Novem
b
er 7
th
, 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:

Complete and email this form to: dvhhs-boardsecretary@dvhhs.org
Des Moines Valley Health and Human Services
Request for Board Action
** Requests must be received by the Board Secretary before noon the Thursday
PRIOR to the regularly scheduled board meeting. ***

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 Zenith
Research, Inc.
Background: MDH has requested the Start Noticing Program to survey adults
in Cottonwood and Jackson Counties to assess the level of understanding in
the area of tobacco and e-cigarettes. The Zenith Research, Inc. is the
contractor recommended by MDH. MDH is requiring us to do the more
intense survey which is increase the survery from what was approved in
October 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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