Iowa Admin. Code r. 441-2.5 - Requirements prior to leasing
The following shall be required prior to the leasing of campus buildings or grounds.
(1)
Referral to contract manager. A campus superintendent or
designee may show available space to a potential lessee but has no authority to
approve any leasing arrangements or to commit buildings or grounds to potential
lessees. Superintendents shall notify the contract manager if contacted by a
potential lessee. If space is available or expected to be available on the
campus, the superintendent shall direct all entities interested in pursuing
lease arrangements to contact the contract manager in the department's central
office.
(2)
Written
proposal. The potential lessee shall submit a written program proposal
to the contract manager that contains, at a minimum, the following information:
a. A brief history and description of the
business operations of the potential lessee, including documentation of
nonprofit status if needed.
b.
Details regarding the proposed usage of the leased space or grounds.
c. If the proposal is to lease space for
office use, the information submitted shall include the type of business to be
conducted in the leased space, the proposed number of employees to be housed in
the space, the expected hours of operation, and the numbers and types of
persons expected to use the office for business purposes.
d. If the proposal is to provide either
residential or nonresidential treatment, habilitation, care or educational
services in the leased space, the information submitted shall include a
detailed program description specifying the age, numbers and types of persons
to be served, the habilitation or treatment modalities to be used, including
the guidelines for admission to service, and the anticipated referral sources
(e.g., other institutions, courts, persons from Iowa or other
states).
e. If the proposal is to
provide either residential or nonresidential treatment, habilitation, care or
educational services, written documentation of all applicable approvals,
certifications, accreditations, or licenses that authorize the potential lessee
to provide the proposed service shall be submitted. Failure to obtain or
maintain legally required approvals, certifications, accreditations, or
licenses shall prevent the development of or cause the termination of lease
agreements. Temporary leasing arrangements may be considered if deemed
necessary in order for the lessee to receive the needed documentation per the
above.
f. A description of the
potential lessees' service and support expectations of the department such as
whether department employees will be needed to assist the program and what
arrangements the lessee intends to make for services such as janitorial,
laundry, and food services.
g.
Identification of proposed renovations that will be needed in order for the
lessee to carry out its proposed activities. The lessee shall propose how and
by whom the renovations would be completed. The lessee shall be responsible for
the full cost involved in all renovations, and all renovations must comply with
applicable federal, state, and local requirements including, but not limited
to, the Americans with Disabilities Act, and health, safety, and fire
codes.
h. Verification of terms and
conditions that allow the department to have a cost-neutral lease (rent must
cover expenses).
i. Other
information deemed necessary by the contract manager.
(3)
Evaluation of proposals.
The contract manager, in collaboration with the respective division
administrator and the respective superintendents, shall evaluate all proposals
to determine if they meet the general principles identified above. The division
administrator, in collaboration with the respective superintendent(s), shall
recommend whether to proceed with the leasing process to the director or
designee. The contract manager shall notify the potential lessee in writing of
the director's or designee's decision and, if applicable, identify the reasons
for denial. All decisions are considered final and binding and are not subject
to appeal.
(4)
Indemnity
and insurance. All contracts shall include clauses that address the
following:
a. All contractors shall indemnify,
hold harmless and defend the state, the department, and its officers and
employees from and against all suits, actions, or claims for personal injury or
death, or damage to property because of any act, omission or neglect of the
contractor, its officers, agents or employees in the provision of services or
other activities as provided for by administrative rule and contracts developed
pursuant to this chapter, including, but not limited to:
(1) Personal injury, death or property damage
of a client receiving care or services, or while on a premises owned, leased or
operated by the contractor, or while being transported by the provider, either
directly or by arrangement.
(2)
Personal injury, death or property damage of another caused by a client while
receiving care or services from the contractor.
This provision does not create any right or cause of action in the public or a third party to bring a claim or suit under or pursuant to its terms.
b. The
contractor agrees that it shall have in force and effect a liability insurance
policy covering all its operations in providing the care and services required
by the administrative rules and by contract, including the indemnity provision
above. A "Certificate of Insurance" identifying the insurance company, the
policy period, the type of policy and the limits of coverage shall be filed
with the department. The insurance policy and the certificate of insurance
shall show the state of Iowa and the department of human services as additional
named insured. The contractor further agrees that anyone transporting, or
authorized to transport, clients in privately owned vehicles shall have
liability insurance in force and effect covering any claim which may arise from
this transport.
(5)
Request for proposal. When only one party is expressing
interest in leasing space, the department, before entering into a lease
agreement, shall review the proposal and determine whether the proposal and use
of the space requires the department to publish a request for proposal in lieu
of executing a lease between the parties. If it is determined that publishing a
request for proposal is needed, the proposed lessee can then respond to the
request for proposal.
(6)
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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