279-25 NJMS GTBI.West Orange TB Service Agreement RBHS-05105.docx (003).pdf

EXECUTION VERSION 1 NJMS – Essex County Municipality – RBHS-05105 CY2025 Memorandum of Agreement – Global TB Institute AGREEMENT BETWEEN TOWNSHIP OF WEST ORANGE AND RUTGERS NEW JERSEY MEDICAL SCHOOL GLOBAL TUBERCULOSIS INSTITUTE, an unincorporated constituent unit within the RUTGERS BIOMEDICAL AND HEALTH SCIENCES organizational unit at RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY This Agreement (“Agreement”) entered into this September 17, 2025, by and between: the Township of West Orange (the “Township”) through the Township’s Health Department; and the Global Tuberculosis Institute, an incorporated constituent unit within the Rutgers Biomedical and Health Services organization unit at Rutgers, the State University of New Jersey (collectively the “University”). Each signatory to this Agreement may be referred to as a “Party,” and collectively as “Parties.” 1. WHEREAS the New Jersey Department of Health (the “DOH”) is responsible for routinely monitoring the quality of care provided by all its health service grant recipients, such assessment and continuous improvement practices ensure the utmost quality of care for the residents of any health jurisdiction seeking services under an Agreement, including an Agreement, with the University and 2. WHEREAS the Township has responsibility, but not the capacity for providing the tuberculosis (“TB”) health services specified in this Agreement and the authority to contract for these TB health services in such a case under N.J.A.C. Chapter 52, Public Health Practice Standards for Local Boards of Health in New Jersey and 3. WHEREAS the Township finds it in the public interest to seek the highest possible quality of care for its residents with active disease and at highest risk for undiagnosed active disease at the lowest possible cost, it is entering into this Agreement to continue the comprehensive tuberculosis services with the University. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I. Obligations and Rights of the Township A. Township Obligations All of the requirements of this section apply to the Township:Docusign Envelope ID: 77D43CF0-E0B2-4E8B-998E-ADDA677D4897

EXECUTION VERSION 2 NJMS – Essex County Municipality – RBHS-05105 CY2025 Memorandum of Agreement – Global TB Institute 1. The Township shall provide funding to the University in an amount not to exceed $2,300.00 as payment for the TB health services set forth herein. Payment is contingent upon the satisfactory delivery of TB health services as described herein in this Agreement, Section III (A) “Service Provider Obligations.” Payment obligations, as well as reporting and monitoring requirements, and other special conditions to this Agreement, are contained in Attachment A, which is hereby incorporated herewith by reference. Payments shall be made in accordance with the provisions of Attachment A, Section I. Payments will be made for approved budget costs, contained in the Cost Proposal, Attachment B, which is hereby incorporated into this Agreement by reference. 2. The Township shall monitor the progress of this project to ensure that TB health services are being provided in accordance with Section III (A), which establishes the work products that must be completed in order for funds to be provided. All financial, performance, and Agreement monitoring requirements are contained in Attachment A, Sections II, III, and IV. 3. This section establishes all other obligations of the Township: a) Provide Health Officer and the Director of Health & Welfare orders for examination, directly observed therapy, or exclusion from school or the workplace and application in the Superior Court of New Jersey for an Order of Commitment, including soliciting the assistance of local law enforcement as allowed under N.J.A.C. Chapter 57-5.5, 5.6, 5.7, 5.12, 5.15 as requested and/or required by the University to assist in the management of non- adherent TB patients, and b) Assist as necessary in gaining access to worksites and schools within the coverage area of the Township (hereafter referred to as the “Local Health Jurisdiction”) for the purpose of assessments related to contact identification, evaluation, and education. 4. In addition to the above, the Township is required to abide by all general requirements contained in Sections IV and V of this Agreement. B. Township Rights All of the rights outlined in this section are applicable to the Township. 1. Other Rights of the Township: a) Receipt of timely feedback from University regarding the TB cases, suspected TB cases and

All of the rights outlined in this section are applicable to the Township. 1. Other Rights of the Township: a) Receipt of timely feedback from University regarding the TB cases, suspected TB cases and associated contacts. This feedback will be in the form of a TB-70 (TB Case, Suspect and Status Report) and associated TB-41 (Record of Contact Interview) for residents of the Local Health Jurisdiction. b) Receipt of a quarterly activity report from the University that clearly documents the percentage of overall visits by residents of the Local Health Jurisdiction.Docusign Envelope ID: 77D43CF0-E0B2-4E8B-998E-ADDA677D4897

EXECUTION VERSION 3 NJMS – Essex County Municipality – RBHS-05105 CY2025 Memorandum of Agreement – Global TB Institute II. Obligations and Rights of the University A. University’s Obligations All of the requirements of this section apply to the University: 1. The University shall provide TB services in accordance with Section III (A) 4, which establishes the TB service deliverables that the University must perform. The University will adhere to the budget requirements as detailed in the approved cost proposal and as contained in Attachment B. 2. The University shall be required to submit activity reports and invoices in accordance with the requirements of Attachment A. 3. The University shall be required to maintain all records for a period of seven (7) years. 4. TB Services to be provided. In exchange for funding provided by the Township indicated in Section II (A), the University agrees to perform the following TB health services: a) Appropriate medical management for the diagnosis, treatment and monitoring of TB cases and suspected TB cases, their associated contacts and Class B1 and B2 referrals from the CDC-DGMQ per the Standards of Care for Tuberculosis Disease and Latent TB Infection). b) Appropriate care team management (nurse care manager, nurse care coordinator, public health representative) to include, but not limited to the following: 1. Development of an individual care plan based upon patient assessment and the medical plan of care, 2. Routinely review all medical records of patients under case management and intervention as necessary to promote adherence to the care plan, 3. Serve as liaison between the patient, physician and clinic, 4. Be accountable for patient adherence to the prescribed TB treatment regimen until completion,Docusign Envelope ID: 77D43CF0-E0B2-4E8B-998E-ADDA677D4897

EXECUTION VERSION 4 NJMS – Essex County Municipality – RBHS-05105 CY2025 Memorandum of Agreement – Global TB Institute 5. Collaborate with other health care providers (public and private) and intervene as necessary to ensure adherence to the Standards of Care for Tuberculosis Disease and Latent TB Infection, 6. Collaborate with the patient and available community resources to meet patient needs and remove barriers to care and/or adherence to prescribed treatment and/or clinical assessment, 7. Collaborate with the New Jersey-State Tuberculosis program to secure support for housing for homeless TB cases and suspected TB cases and other incentives and/or enablers to increase the likelihood of successful treatment outcomes, 8. Assign and monitor field staff activities and assessment and improvement of staff’s techniques and skills as deemed necessary, 9. Serve as the Township's point of contact for any patient management issues under this Agreement, 10. Completion or review, revision and submission of TB-70 (TB Case, Suspect and Status Report) and TB-41 (Record of Contact Interview) to both the DOH and the Township pursuant to this Agreement, 11. Compilation and submission of quarterly activity reports to the funding source of this Agreement, 12. Provision of patient education. c) Field services to include, but not limited to the following: 1. Directly Observed Therapy (“DOT”) as prescribed by the health care provider, 2. Case interviews for the purpose of contact identification, 3. Lost and delinquent investigations, 4. Location and referral for evaluation of identified contacts to infectious or potentially infectious TB disease and Class B1 and B2 referrals from CDC-DGMQ, 5. Provision of patient transportation as necessary, 6. Worksite and school site assessments to identify associated contacts as necessary,Docusign Envelope ID: 77D43CF0-E0B2-4E8B-998E-ADDA677D4897

EXECUTION VERSION 5 NJMS – Essex County Municipality – RBHS-05105 CY2025 Memorandum of Agreement – Global TB Institute 7. Education of concerned co-workers and parents of school-aged children in association with worksite or school contact investigations, 8. Active surveillance in local hospitals to improve reporting times, 9. Address verification prior to hospital discharge to facilitate continuity of care and case management in the community. d) Other diagnostic, treatment, and/or monitoring services as required including the following: 1. Mantoux tuberculin skin and/or interferon gamma release assay testing 2. Chest radiographs and reading by a licensed radiologist, 3. Sputum collection and/or induction, 4. Laboratory monitoring for adverse reactions as required or ordered by physician, 5. Routine monitoring for side effects to anti-TB medications, 6. First and second-line drug susceptibility testing, 7. Therapeutic drug monitoring (if necessary). 5. In addition to the above, the University is required to abide by all general requirements contained in Sections IV and V of this Agreement. B. The University’s Rights All of the rights of this section apply to the University: 1. Provision from the Township’s local health officer of health officer clear, concise, and correct written orders for TB services examination, directly observed therapy or exclusion from school or the workplace and application in the Superior Court of New Jersey for an Order of Commitment, including soliciting the assistance of local law enforcement officials as allowed by N.J.A.C. Chapter 57-5.5, 5.6, 5.7, 5.12, 5.15 as requested and/or required by the University to assist in the management of non-adherent TB patients.Docusign Envelope ID: 77D43CF0-E0B2-4E8B-998E-ADDA677D4897

EXECUTION VERSION 6 NJMS – Essex County Municipality – RBHS-05105 CY2025 Memorandum of Agreement – Global TB Institute 2. Assistance from the local health office of the Township as necessary in gaining access to worksites and schools within the Local Health Jurisdiction for the purpose of assessments related to contact identification, evaluation, and education. 3. Payment as agreed upon in this Agreement is due within thirty (30) days of the date of an invoice submitted by the Township. III. General Provisions A. Mandatory General Provisions 1. During the term of this Agreement , both parties shall comply with all federal, state, and municipal laws, rules and regulations generally applicable to the activities performed pursuant to this Agreement. 2. The award of funds is based on the University’s submission, and the Township’s acceptance, of the Cost Proposal for TB health services, which is incorporated herewith by reference to this Agreement. 3. Each Party shall maintain accurate books and records of all disbursements, funds received, funds spent and funds available as a result of this Agreement. 4. Each of the Parties is an independent entity and neither Party shall hold itself out as an agent, partner, or representative of the other. 5. Failure by either Party to exercise any right or demand performance of any obligation under this Agreement shall not be deemed a waiver of such right or obligation. 6. If any of the provisions of this Agreement are, or become invalid to any extent, the other provisions of this Agreement shall not be affected thereby. In the event of the invalidity of a provision, the Parties agree to accept a provision which reflects as closely as possible the intention of the invalid provision. 7. This Agreement may not be assigned without the prior written consent of either of the Parties. 8. Each Party agrees to assume responsibility for any and all claims, demands, actions, settlements, or judgments involving either intentional or unintentional conduct, other than intentional malicious criminal wrongdoings, based upon or arising out of the activities described in this Agreement , to the extent that such claims, demands, actions, settlements, or judgments are occasioned by the sole negligence, actions, or omissions of each party, its officers, trustees, faculty, students, or employees. Any claims, demands, actions, settlements, or

lements, or judgments are occasioned by the sole negligence, actions, or omissions of each party, its officers, trustees, faculty, students, or employees. Any claims, demands, actions, settlements, or judgments brought or made against University, or its officers, trustees, faculty, students or employees shall be governed byDocusign Envelope ID: 77D43CF0-E0B2-4E8B-998E-ADDA677D4897

EXECUTION VERSION 7 NJMS – Essex County Municipality – RBHS-05105 CY2025 Memorandum of Agreement – Global TB Institute and pursuant to the laws of the State of New Jersey including, but not limited to N.J.S.A. 59:1-1 et seq., The State of New Jersey Tort Claims Act. 9. The Township represents and warrants that it has a sufficient insurance program (on either an indemnity or self-insured basis) to fully perform its responsibilities hereunder. The Parties agree that such coverage shall be in an amount not less than $1,000,000 per occurrence and $3,000,000 in the aggregate annually. 10. The University shall provide for general and professional liability coverage for insuring the University, its officers, trustees, faculty and employees, performing its sole obligations under this Agreement, through a Program of Self-Insurance, providing limits of coverage of not less than $1,000,000 per claim and $3,000,000 in the aggregate annually on an occurrence basis, pursuant to and governed by the State of New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq. Nothing stated in this section 8 shall be construed to imply indemnification of any party by the University. 11. The laws of the State of New Jersey govern this Agreement. 12. This Agreement may be modified in accordance with the provisions of Attachment A III. B. Optional General Provisions Applicable Not Applicable ☐ ☒ The Township reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, the copyright in any work developed under the Agreement. ☒ ☐ The Parties agree that all data resulting from this Agreement are to be considered confidential and shall be solely used for the purposes as outlined above. All Parties are required to use reasonable care to protect the confidentiality of the data. ☐ ☒ Any research resulting from this Agreement which is subject to the Institutional Review Boards of either of the Parties shall be confidential. Each party is responsible for adhering to the rules of the Institutional Review Board which are hereby incorporated by reference. IV. Terms and TerminationDocusign Envelope ID: 77D43CF0-E0B2-4E8B-998E-ADDA677D4897

EXECUTION VERSION 8 NJMS – Essex County Municipality – RBHS-05105 CY2025 Memorandum of Agreement – Global TB Institute A. Subject to any rights of termination hereinafter set forth, this Agreement shall be deemed effective as of January 1, 2025, and shall remain valid through December 31, 2025. B. This Agreement may be terminated by either Party with or without cause upon thirty (30) days' advance written notice. C. Notice of termination shall be delivered via U.S. mail, return receipt requested, and shall be effective thirty (30) days following receipt. Notice shall be sent to the appropriate contact person identified at Section VI. D. Upon the issuance of notice of termination by the Township or, automatic termination under Section V (B), upon receipt of the Township’s notice of termination, all unexpended funds appropriated by the Township to the University, in any account whatsoever shall be immediately returned to the Township through the contact person identified at Section VI without any further assessment or expenditure except as specifically approved by the Township in writing. V. Principal Contacts The principal contacts for all notifications required or otherwise necessary under this Agreement shall be as follows: For the Township of West Orange: Director of Health & Welfare Michael A. Fonzino Health Officer Carrie Nawrocki For the University, Rutgers Biomedical and Health Sciences Program Officer Marco Salerno Deputy Director, NJMS Global Tuberculosis Institute VI. Legal Compliance. In the performance of their obligations under this Agreement , the Parties will comply with all applicable laws and regulations. Without limiting the generality of the foregoing, the Parties will observe and comply with the following provisions relating to the federal anti-kickback statute, set forth at 42 U.S.C. § 1320a-7(b) (“Anti-Kickback Statute”), and the federal prohibition against physician self-referrals, set forth at 42 U.S.C. § 1395nn (“Stark Law”). (a) In no event will any payments, grants or other funding be based unlawfully, directly, or indirectly, on the volume or value of referrals or other business generated between the Parties.Docusign Envelope ID: 77D43CF0-E0B2-4E8B-998E-ADDA677D4897