8F.3 CONTRACTUAL REQUIREMENTS.
1. As a condition of entering into a service contract with an
oversight agency, a recipient entity shall certify that the recipient
has the following information available for inspection by the
oversight agency and the legislative services agency:
a. Information documenting the legal status of the recipient
entity, such as agreements establishing the entity pursuant to
chapter 28E or other intergovernmental agreements, articles of
incorporation, bylaws, or any other information related to the
establishment or status of the entity. In addition, the information
shall indicate whether the recipient entity is exempt from federal
income taxes under section 501(c), of the Internal Revenue Code.
b. Information regarding the training and education received
by the members of the governing body of the recipient entity relating
to the duties and legal responsibilities of the governing body.
c. Information regarding the procedures used by the governing
body of the recipient entity to do all of the following:
(1) Review the performance of management employees and establish
the compensation of those employees.
(2) Review the recipient entity's internal controls relating to
accounting processes and procedures.
(3) Review the recipient entity's compliance with the laws,
rules, regulations, and contractual agreements applicable to its
operations.
(4) Information regarding adopted ethical and professional
standards of operation for the governing body and employees of the
recipient entity and information concerning the implementation of
these standards and the training of employees and members of the
governing body on the standards. The standards shall include but not
be limited to a nepotism policy which shall provide, at a minimum,
for disclosure of familial relationships among employees and between
employees and members of the governing body, and policies regarding
conflicts of interest, standards of responsibility and obedience to
law, fairness, and honesty.
d. Information regarding any policies adopted by the
governing body of the recipient entity that prohibit taking adverse
employment action against employees of the recipient entity who
disclose information about a service contract to the oversight
agency, the auditor of state, the office of the attorney general, or
the office of citizens' aide and that state whether those policies
are substantially similar to the protection provided to state
employees under section 70A.28. The information provided shall state
whether employees of the recipient entity are informed on a regular
basis of their rights to disclose information to the oversight
agency, the office of citizens' aide, the auditor of state, or the
office of the attorney general and the telephone numbers of those
organizations.
2. The certification required by this section shall be signed by
an officer and director of the recipient entity, two directors of the
recipient entity, or the sole proprietor of the recipient entity,
whichever is applicable, and shall state that the recipient entity is
in full compliance with all laws, rules, regulations, and contractual
agreements applicable to the recipient entity and the requirements of
this chapter.
3. Prior to entering into a service contract with a recipient
entity, the oversight agency shall determine whether the recipient
entity can reasonably be expected to comply with the requirements of
the service contract. If the oversight entity is unable to determine
whether the recipient entity can reasonably be expected to comply
with the requirements of the service contract, the oversight entity
shall request such information from the recipient entity as described
in subsection 1 to make a determination. If the oversight agency
determines from the information provided that the recipient entity
cannot reasonably be expected to comply with the requirements of the
service contract, the oversight agency shall not enter into the
service contract.
Section History: Recent Form
2006 Acts, ch 1153, §3, 9; 2007 Acts, ch 22, §113, 116; 2007 Acts,
ch 126, §2
Referred to in § 8F.4
Footnotes
Section applies to service contracts entered into or renewed by an
oversight agency on or after October 1, 2006; 2006 Acts, ch 1153, §9;
2007 Acts, ch 22, §116
8F.3 CONTRACTUAL REQUIREMENTS.
1. As a condition of entering into a service contract with an
oversight agency, a recipient entity shall certify that the recipient
has the following information available for inspection by the
oversight agency and the legislative services agency:
a. Information documenting the legal status of the recipient
entity, such as agreements establishing the entity pursuant to
chapter 28E or other intergovernmental agreements, articles of
incorporation, bylaws, or any other information related to the
establishment or status of the entity. In addition, the information
shall indicate whether the recipient entity is exempt from federal
income taxes under section 501(c), of the Internal Revenue Code.
b. Information regarding the training and education received
by the members of the governing body of the recipient entity relating
to the duties and legal responsibilities of the governing body.
c. Information regarding the procedures used by the governing
body of the recipient entity to do all of the following:
(1) Review the performance of management employees and establish
the compensation of those employees.
(2) Review the recipient entity's internal controls relating to
accounting processes and procedures.
(3) Review the recipient entity's compliance with the laws,
rules, regulations, and contractual agreements applicable to its
operations.
(4) Information regarding adopted ethical and professional
standards of operation for the governing body and employees of the
recipient entity and information concerning the implementation of
these standards and the training of employees and members of the
governing body on the standards. The standards shall include but not
be limited to a nepotism policy which shall provide, at a minimum,
for disclosure of familial relationships among employees and between
employees and members of the governing body, and policies regarding
conflicts of interest, standards of responsibility and obedience to
law, fairness, and honesty.
d. Information regarding any policies adopted by the
governing body of the recipient entity that prohibit taking adverse
employment action against employees of the recipient entity who
disclose information about a service contract to the oversight
agency, the auditor of state, the office of the attorney general, or
the office of citizens' aide and that state whether those policies
are substantially similar to the protection provided to state
employees under section 70A.28. The information provided shall state
whether employees of the recipient entity are informed on a regular
basis of their rights to disclose information to the oversight
agency, the office of citizens' aide, the auditor of state, or the
office of the attorney general and the telephone numbers of those
organizations.
2. The certification required by this section shall be signed by
an officer and director of the recipient entity, two directors of the
recipient entity, or the sole proprietor of the recipient entity,
whichever is applicable, and shall state that the recipient entity is
in full compliance with all laws, rules, regulations, and contractual
agreements applicable to the recipient entity and the requirements of
this chapter.
3. Prior to entering into a service contract with a recipient
entity, the oversight agency shall determine whether the recipient
entity can reasonably be expected to comply with the requirements of
the service contract. If the oversight entity is unable to determine
whether the recipient entity can reasonably be expected to comply
with the requirements of the service contract, the oversight entity
shall request such information from the recipient entity as described
in subsection 1 to make a determination. If the oversight agency
determines from the information provided that the recipient entity
cannot reasonably be expected to comply with the requirements of the
service contract, the oversight agency shall not enter into the
service contract.
Section History: Recent Form
2006 Acts, ch 1153, §3, 9; 2007 Acts, ch 22, §113, 116; 2007 Acts,
ch 126, §2
Referred to in § 8F.4
Footnotes
Section applies to service contracts entered into or renewed by an
oversight agency on or after October 1, 2006; 2006 Acts, ch 1153, §9;
2007 Acts, ch 22, §116
8F.3 CONTRACTUAL REQUIREMENTS.
1. As a condition of entering into a service contract with an
oversight agency, a recipient entity shall certify that the recipient
has the following information available for inspection by the
oversight agency and the legislative services agency:
a. Information documenting the legal status of the recipient
entity, such as agreements establishing the entity pursuant to
chapter 28E or other intergovernmental agreements, articles of
incorporation, bylaws, or any other information related to the
establishment or status of the entity. In addition, the information
shall indicate whether the recipient entity is exempt from federal
income taxes under section 501(c), of the Internal Revenue Code.
b. Information regarding the training and education received
by the members of the governing body of the recipient entity relating
to the duties and legal responsibilities of the governing body.
c. Information regarding the procedures used by the governing
body of the recipient entity to do all of the following:
(1) Review the performance of management employees and establish
the compensation of those employees.
(2) Review the recipient entity's internal controls relating to
accounting processes and procedures.
(3) Review the recipient entity's compliance with the laws,
rules, regulations, and contractual agreements applicable to its
operations.
(4) Information regarding adopted ethical and professional
standards of operation for the governing body and employees of the
recipient entity and information concerning the implementation of
these standards and the training of employees and members of the
governing body on the standards. The standards shall include but not
be limited to a nepotism policy which shall provide, at a minimum,
for disclosure of familial relationships among employees and between
employees and members of the governing body, and policies regarding
conflicts of interest, standards of responsibility and obedience to
law, fairness, and honesty.
d. Information regarding any policies adopted by the
governing body of the recipient entity that prohibit taking adverse
employment action against employees of the recipient entity who
disclose information about a service contract to the oversight
agency, the auditor of state, the office of the attorney general, or
the office of citizens' aide and that state whether those policies
are substantially similar to the protection provided to state
employees under section 70A.28. The information provided shall state
whether employees of the recipient entity are informed on a regular
basis of their rights to disclose information to the oversight
agency, the office of citizens' aide, the auditor of state, or the
office of the attorney general and the telephone numbers of those
organizations.
2. The certification required by this section shall be signed by
an officer and director of the recipient entity, two directors of the
recipient entity, or the sole proprietor of the recipient entity,
whichever is applicable, and shall state that the recipient entity is
in full compliance with all laws, rules, regulations, and contractual
agreements applicable to the recipient entity and the requirements of
this chapter.
3. Prior to entering into a service contract with a recipient
entity, the oversight agency shall determine whether the recipient
entity can reasonably be expected to comply with the requirements of
the service contract. If the oversight entity is unable to determine
whether the recipient entity can reasonably be expected to comply
with the requirements of the service contract, the oversight entity
shall request such information from the recipient entity as described
in subsection 1 to make a determination. If the oversight agency
determines from the information provided that the recipient entity
cannot reasonably be expected to comply with the requirements of the
service contract, the oversight agency shall not enter into the
service contract.
Section History: Recent Form
2006 Acts, ch 1153, §3, 9; 2007 Acts, ch 22, §113, 116; 2007 Acts,
ch 126, §2
Referred to in § 8F.4
Footnotes
Section applies to service contracts entered into or renewed by an
oversight agency on or after October 1, 2006; 2006 Acts, ch 1153, §9;
2007 Acts, ch 22, §116
