Iowa Admin. Code r. 441-2.3 - Contract provisions
A contract for service entered into pursuant to this chapter shall include the following provisions, plus other provisions as determined by the director of the department or designee:
(1)
Rate setting. All
contract rates will be set by the department. The contract shall cover the full
costs of the department including, but not limited to, any base salary or wage,
vacation, applicable leave, and other fringe benefits paid for by the state of
Iowa at the time of the contract and any subsequent increases.
(2)
Collective bargaining
agreements. If the department employees to be included in the contract
are covered by a collective bargaining agreement, the contractor shall be bound
by the applicable collective bargaining agreement. The contractor shall further
agree that any decision relative to the collective bargaining agreement between
the department and its employees shall be binding on the contractor Should any
provision of the agreement between the parties be found to violate the terms
and conditions of an applicable collective bargaining agreement, the provision
or condition contained in the agreement entered into pursuant to this chapter
shall be void.
(3)
Conditions of employment. The contract shall not impose any
conditions of employment outside of those conditions of employment currently
imposed by the state of Iowa.
(4)
Liability. The contractor agrees to defend, indemnify, and
hold harmless the state and the department against all claims, damages, losses,
costs, and expenses, including attorney fees, arising out of any services
performed pursuant to an agreement entered into under this chapter
(5)
Private contracting. A
department employee covered by an agreement entered into pursuant to this
chapter shall be prohibited from contracting privately with the same
contractor.
(6)
Conditions. All contracts must comply with conditions and
negotiations mutually agreed upon by the department and the Iowa department of
personnel.
(7)
Term of
contract. Contracts shall be for a specific term and shall be cosigned
by the department and the Iowa department of personnel on behalf of the state
of Iowa and by the contractor
(8)
Copies of contract. Copies of the contract shall be maintained
by the respective division, the business office of the respective campus, and
the contractor
(9)
Program
name. Without the prior written approval of the director, the entity
seeking to contract with the state shall not use or cause to be used a name for
the program or project that is in any way similar to the name or part of the
name of the institution.
Notes
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