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HomeMy WebLinkAbout03-98.docAPRIL 8, 2003 03-98 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVE MEMORANDUM OF UNDERSTANDING WITH REGIONAL HOSPITAL BIOTERRORISM PREPARDNESS PLANNING TEAM INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT/HEALTH SERVICES BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Memorandum of Understanding between the City of Oshkosh Health Division and the Regional Hospital Bioterrorism Preparedness Planning Team regarding the City acting as the fiscal agent for the participating six county areas for grant monies from the Federal Health Resources and Services Administration for bioterrorism related activities, is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. Memorandum of Understanding Between Regional Hospital Bioterrorism Preparedness Planning Team (6) and the City of Oshkosh THIS AGREEMENT is made, by and between Regional Hospital Bioterrorism Preparedness Planning Team (6) hereinafter, "TEAM" and the City of Oshkosh, hereinafter "FISCAL AGENT". RECITALS: WHEREAS, current international and domestic national security considerations demand that government at all levels be prepared to respond to acts of bioterrodsm in order to protect the citizens of the United States; and, WHEREAS, the State of Wisconsin has become the fundamental unit of program and fiscal responsibility for the receipt and disbursement of grant funds from a variety of Federal entities including the United States Department of Justice (DOJ), Federal Emergency Management Agency (FEMA), Centers for Disease Control (CDC) and Hospital Resources and Services Administration (HRSA), among others; and, WHEREAS, it is critical to establish a process for strategic leadership, direction, coordination and assessment of activities to ensure state and local readiness, interagency collaboration, and preparedness for bioterrorism, other outbreaks of infections disease, and other public health threats and emergencies; and, WHEREAS, it is essential that the TEAM have a plan, which can be implemented in case of a bioterrorist event, other infectious disease outbreaks and other public health threats and emergencies; and, WHEREAS, there is general agreement that a regional response is essential to deal with any mass casualty event; and, WHEREAS, FISCAL AGENT is willing to serve the TEAM as administrative and fiscal service provider; and, · I . outlm, es the expectations and operating procedures that the FISCAL AGENT and TEAr'VI have of one another, THEREFORE, the FISCAL AGENT and TEAM covenant and agree as follows: Section I: Purpose The TEAM is established to implement the State of Wisconsin Hospital Bioterrorism Preparedness Plan in order to prepare for and respond to bioterrorism, other infectious disease outbreaks and other public health threats and emergencies. Section H: Member Agencies The TE~AM is composed of hospitals, local health departments, Emergency Management offices, EMS and other emergency response organizations, which have chosen the TEAM either as their Primary or Affiliate TEAM. Member organizations of the TEAM are represented by the Executive Committee, which is appointed annually by the Steering Committee and ratified by a vote of the membership. Section III: Scope of Activities The TEAM assesses strengths and weaknesses related to bioterrorism, other infectious disease outbreaks and other public health threats and emergencies in the region. The TEAM provides technical expertise and leadership in the development of comprehensive bioterrbrism and emergency response plans, including coordination with local, regional state partners. The TEAM accomplishes the contract objectives as negotiated and annually with the Wisconsin DiviSion of Public Health, Hospital Biot~rrorism Preparedness Program. Section IV: Administrative Services Provided by the Fiscal Agent The FISCAL AGENT agrees to provide the following services to assist the TEAM in accomplishing its goals. Fund'mg for the TEAM is provided by the State of Wisconsin, Division of Public Health, from the Health Research and Services Administration (HRSA) and other sources through a Performance Based Contract. Contract Signatory: The FISCAL AGENT serves as the signatory to all contracts held by the TEAM, since the TEAM is not organized as a legal entity, but rathe~ is composed of a group of volunteer members. Fiscal Management: The FISCAL AGENT manages all fmancial obligations of the TEAM, such as, but not limited to: staff salaries, fringe benefits, travel, training, rent, supplies, services, and administrative costs. The FISCAL AGENT will be reimbursed from the grant funds for all direct expenses incurred by the FISCAL AGENT on behalf of the TEAM. The FISCAL AGENT shall establish accounting procedures and reporting as mutually agreed upon between the FISCAL AGENT and the TEAM. The FISCAL AGENT shall administer the TEAM'S account payables and receivables, prepare routine monthly financial reports for the TEAM and maintain and administer the checking and savings accounts of the TEAM. Checks may only be drawn upon, or disbursements made from, the accounts of the TEAM by the FISCAL AGENT with the written authorization of the TEAM'S Chair and Treasurer, or their designates. 2 The TEAM shall be responsible for all debts, obligations and liabilities associated with its business and affairs; provided, however, that, subject to the provisions of this Agreement, the FISCAL AGENT shall be responsible for and shall pay all expenses and costs associated with performing the Services. 3. Administrative Fees: As sole compensation for the Services provided by the FISCAL AGENT to the TEAM during the term of this Agreement, the TEAM shall pay the FISCAL AGENT a fee (the "FEE") equal to 3% if no employees are hired and 6% if there are employees hiredof the aggregate for Objectives One and Two, received by the TEAM fi.om HRSA in FFY 2002, prorated for any partial period. This aggregate for Objectives One and two in FFY 2002 is $100,000. In future years the FEE shall be based on this maximum aggregate total of $100,000 per year, unless otherwise mutually agreed upon between the FISCAL AGENT and the TEAM. Employees: The TEAM shall determine the skills and abilities needed for staff to carry out the activities relating to assessment and planning for the implementation of the Plan and other duties as determined by the TEAM from time to tn'ne. 5. Hiring of Staff.' The FISCAL AGENT shall provide the TEAM with the opportunity to participate mean'mgfully and have substantive input in connection with recruiting and selecting the staff. The FISCAL AGENT will generally utilize the draft position description for the staff in recruiting and selecting the staff. The FISCAL AGENT shall be responsible for hiring any staff that has been approved by the TEAM. The FISCAL AGENT may choose to employ staff on similar terms and conditions as other employees of the FISCAL AGENT or may contract independently to provide such staff services, at the option of the FISCAL AGENT. FISCAL AGENT shall be reimbursed the full cost of employment including fringe benefits or the full contract cost of an independent contractor. The FISCAL AGENT may delegate day-to-day supervision to a designee of the TEAM as mutually agreed upon between the TEAM and the FISCAL AGENT. Office Space and Equipment: The FISCAL AGENT may provide office space and equipment to any staff hired on behalf of the TEAM at a rate to be mutually agreed upon between the FISCAL AGENT and the TEAM. However, the TEAM reserves the right to determine where the staff person is physically located to best accomplish the goals of the TEAM. Procurement: The FISCAL AGENT shall assist the TEAM in contracting with third-party vendors and negotiating contracts for the provision of goods and services to the TEAM by such third-party vendors as are necessary and appropriate for the TEAM to accomplish its mission. The FISCAL AGENT will abide by all rules and regulations, applicable to the FISCAL AGENT, for the procurement of pumhases requested by the TEAM. Authority: The TEAM authorizes the FISCAL AGENT to take, on behalf of the TEAM, those actions that in the judgment of the FISCAL AGENT are necessary and appropriate to perform the Services and such other actions as the TEAM may from time to time request in writing that the FISCAL AGENT take on its behalf. The FISCAL AGENT and the TEAM are independent contracting parties and the relationship between them is that of an independent purchaser and an independent supplier of administrative and fiscal agent services. Except as expressly provided in this agreement, neither party shall have the power to bind, or to enter into contracts or otherwise incur obligations on behalf of, the other party. Except as expressly provided in this Agreement, the TEAM shall solely and exclusively control the conduct of its business and affairs. Section V. Risks Proffie Each Performance-Based Contract between the State of Wisconsin Hospital Bioterrorism Preparedness Program (hereinafter "PROGRAM") and the FISCAL AGENT contains a Risk Profile, which holds the FISCAL AGENT accountable for achieving certain Objectives and Deliverables. If these Objectives and Deliverables are not achieved according to the terms as outl'med in the Contract, the PROGRAM shall recoup from the FISCAL AGENT sums as outlined in the Risk Profile. Since the FISCAL AGENT is providing administrative services on behalf of the TEAM, the following Section VI addresses the actions the TEAM and the PROGRAM will implement to provide the FISCAL AGENT the ability to protect itself against the recoupment of funds. Section VI. Recoupment ofl~nds Should the TEAM not accomplish its Objectives accord'rog to the terms of the Contract, the PROGRAM shall recoup from the TEAM through the FISCAL AGENT the amount of the recoupment as outlined in the Contract. The TEAM and the FISCAL AGENT understand that there will be a reduction in payments in the next grant year to recoup any funds due to the non-performance of Contract Objectives. In the final year of funding from HRSA for Hospital Bioterrorism Preparedness, the FISCAL AGENT reserves the right to hold payments in reserve in order to have funds available for any potential recoupment in the final year. The Director, Hospital Bioterrorism Preparedness, Wisconsin Division of Public Health, shall provide the FISCAL AGENT and the TEAM a report in the 2nd and 3rd quarter of the Contract term regarding the potential amount of any recoupment due to non-performance of Contract Objectives by the TEAM. 4 The FISCAL AGENT will manage the payment of expenses and potential recoupment payments in the final year of the Contract so that there is a zero balance at the end of the final year of the grant funding. SecfionVII. Governance The Executive Committee of the TEAM establishes the Ground Rules under which it will operate. The Executive Committee of the TEAM is charged with approving the terms of this Memorandum of Understanding. Section VIII. Term of Agreement The term of this Agreement shall commence effective as of February shall continue until this Agreement is terminated as provided below. ,2003, and Section IX. Termination of Agreement Notwithstanding any other provision of this Agreement, this Agreement may be terminated as follows: (a) by the FISCAL AGENT upon giving prior written notice to the TEAM if the TEAM has failed to pay any Fee amount due to the FISCAL AGENT; or (b) by either party for any reason upon 90 days' prior written notice to the other party. Upon any termination of this Agreement, the TEAM shall pay to the FISCAL AGENT, in accordance with section 3, the Fee owing on a prorated basis for the Services provided by the FISCAL AGENT through the date of termination of this Agreement. Section X. Amendments to the Agreement This Agreement may be amended only by an agreement in writing signed by the parties hereto. The following signatories agree to all temas outlined in this Memorandum of Understanding and have executed thisMamorandumofUnderstanding on this __ day of. ~ 2003. CITY OF OSHKOSH Chairperson of TEAM Vice-Chair of TEAM Recorder of TEAM Treasurer of TEAM l~ltflllgl!g FISCAL AGENT Richard A. Wollarrjk, City Manager vamela R. U6rlg, city Clerk Approved as to form: Lynn Lorenson, Assist. City Attorney