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DIVISION OF PUBLIC HEALTH
HRSA HOSPITAL PREPAREDNESS CONTRACT AGREEMENT
DPH CONTRACT # 13446
Contract Preamble
This Contract Agreement is entered into for the period January 1, 2005 through August 31,2005, by and between
the State of Wisconsin represented by its Division of Public Health ofthe Department of Health and Family
Services, whose principal business address is One West Wilson Street, PO Box 2659, Madison WI 53701-2659,
hereinafter referred to as Contractor, and Oshkosh Health Department, whose principal business address is 215
Church Street, PO Box 1130, Oshkosh WI 54902-1130, hereinafter referred to as Contractee.
The Contractee address above is the address to which payments shall be mailed. If any legal notices required to be
sent to the Contractee in the execution of this Contract Agreement should be sent to an address different ffom the
Contractee address noted above, that address should be provided below:
Whereas, the Contractor wishes to purchase services ffom the Contractee as it is authorized to do by Wisconsin law;
and Whereas, the Contractee is engaged in furnishing the desired services; Now, therefore, the Contractor and the
Contractee agree as follows:
I.
SERVICES TO BE PROVIDED
The Contractee agrees to provide services consistent with the purposes and conditions of the objectives that
it has agreed to attain within the contract period. A detailed description of the objectives to be attained and
the documentation associated with that attainment is part of this Contract Agreement as listed in Exhibits I
and II, which are attached to this Agreement. The Contractee also agrees to provide to the Contractor
documentation (as agreed to in negotiations with the Contractor) of the attainment of those objectives no
later than 30 days after the end of the contract period or as specified in Exhibit II.
II.
CONTRACT ADMINISTRA nON
The Contractor's Contract Administrator is Dennis Tomczyk of the Division of Public Health, whose
principal business address is One West Wilson Street, PO Box 2659, Madison WI 53701-2659. The
telephone number of the Contractor's Contract Administrator is (608) 266-3128. In the event its Contract
Administrator is unable to administer this Contract Agreement, the Contractor will contact the Contractee
and designate a new Contract Administrator.
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The Contractee's Contract Administrator is Paul Spiegel, whose principal business address is 215 Church
Street, PO Box 1130, Oshkosh WI 54902-1130. The telephone number of the Contractee's Contract
Administrator is (920) 236-5034. In the event its Contract Administrator is unable to administer this
Contract Agreement, the Contractee will contact the Contractor and designate a new Contract
Administrator.
III.
PAYMENT LIMIT
The Contractor agrees to pay the Contracte.e in accordance with the terms and conditions of this Contract
Agreement, an amount not to exceed $71,250. This amount is contingent upon receipt of sufficient funds
by the Contractor. .
The Contractor will not make payments in excess of the Contract Agreement amounts, with the exception
of performance-based incentive funds pursuant to Section XXI.
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v.
VI.
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PAYMENT PROCESS
1.
Payments will be made on a monthly basis. The Contractee will receive one-eighth (1/8) of the
total contract amount each month unless Contractee has failed to maintain quality criteria or
proposed progress towards achievement of Contract Agreement objectives as determined by the
Contractor. In these situations, the Contractor can make reductions in the monthly payment
pursuant to Section XVI.
2.
All payments shall be released by the Department on the last business day before the fifth day of
the month for municipalities, or the last business day of each month for non-municipalities, with
the exception that the payment that would normally be released on the last working day of June
shall be released instead on the first working day of July. Checks will be mailed to the
Contractee's principal business address unless the Contractee requests, in writing, subject to
approval, that the Department mail the checks to a different address.
PROGRAM REPORTING
1.
The Contractee shall comply with the program reporting requirements of the Contractor as
specified below and/or as stated in Exhibits I and II. The required reports shall be forwarded to
the Contractor's Contract Administrator according to the schedule specified below and as
specified in Exhibits I and II.
2.
The Contractee shall assist the State in the development of future grant proposals incIudmg
developing funding formulas, submitting estimated future budget needs for their Public Health
Preparedness Consortium, and participating in the writing of future federal grant proposals as
requested.
3.
The Contractee shall post all relevant and related consortium meeting agendas, minutes, progress
reports, plans, drills and other relevant bioterrorism information on the Health Alert Network
(RAN) within the appropriate security levels.
4.
The Contractee and its Public Health Preparedness Consortium members shall complete all
consortia-related state assessments and evaluation by the specified due date as required by
CDCIHRSA and agreed to by DPH and the statewide CDCIHRSA Advisory Committee.
5.
Failure to submit the reports specified in the reporting instructions may result in the Contractor
rendering sanctions pursuant to Section XVI of this contract.
STATE AND FEDERAL RULES AND REGULATIONS
1.
The Contractee agrees to meet State and Federal laws, rules and regulations, and program policies
applicable to this Contract Agreement.
2.
The Contractee agrees to comply with Public Law 103-227, also known as the Pro-Children Act
of 1994, which prohibits tobacco smoke in any portion of a facility owned or leased or contracted
for by an entity which receives Federal funds, either directly or through the State, for the purpose
of providing services to children under the age of 18.
3.
AffIrmative Action Plan/Civil Rights Compliance
Affirmative Action Plans
A.
An AffIrmative Action Plan is a written document that details an affIrmative action
program. Key parts of an affIrmative action plan are: (1) a policy statement pledging
nondiscrimination and affIrmative action employment, (2) internal and external
dissemination of the policy, (3) assignment of a key employee as the equal opportunity
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officer, (4) a workforce analysis that identifies job classifications where there is an under
representation of women, minorities, and persons with disabilities, (5) goals must be
directed to achieving a balanced workforce, specific and measurable, having an
implementation target date between six months and two years, and having a plan of
action or description of procedures to implement the goals, (6) revision of employment
practices to ensure that they do not have discriminatory effects, and (7) establishment of
internal monitoring and reporting systems to regularly measure progress.
B.
An AffIrmative Action Plan is required from a Contractee who receives a contract ffom
the Contractor in the amount of $25,000 or more and who has a workforce of twenty-five
(25) or more employees as of the award date, unless the Contractee is exempt by criteria
listed in the Wisconsin Office of Contract Compliance, Department of Administration's
Instruction for Vendors AffIrmative Action Requirements (DOA-302IP (R06/96) s.
16765, Wis. Stats.), page 2. Universities, other states, and local governments, except
those of the State of Wisconsin who receive state or federal contracts over $25,000, must
submit AffIrmative Action Plans in the same manner as other Contractees.
C.
In addition, for agreements of twenty-five thousand ($25,000) or móre, regardless of
workforce size, the Contractee shall conduct, keep on file, and update annually, a
separate and additional accessibility self-evaluation of all programs and facilities,
including employment practices for compliance with ADA regulations, unless an updated
self-evaluation under Section 504 of the Rehabilitation Act of 1973 exists which meets
the ADA requirements. Contractees are to contact the Department of Affirmative
Action/Civil Rights Compliance Office, Department of Health and Family Services, One
West Wilson Street, Room 561, PO Box 7850, Madison WI 53707-7850, for technical
assistance on Equal Opportunity.
Civil Rights Compliance
A.
For agreements for the provision of services to clients, the Contractee must comply with
Civil Rights requirements. Contractees with an annual workforce of less than twenty-
five (25) employees, regardless of contract amount, and Contractees with contracts of
less than $25,000 are not required to submit a Civil Rights Compliance Action Plan,
however, they must submit a Civil Rights Compliance Letter of Assurance. Contractees
with an annual workforce of twenty-five (25) employees or more and contract
agreements of $25,000 or more shall submit a written Civil Rights Compliance Plan
which covers a three-year period within fifteen (15) working days of the award date of
the agreement or contract. .
B.
The Contractee assures that it has submitted to the Contractor's AffIrmative Action /Civi1
Rights Compliance Office a current copy of its three-year Civil Rights Compliance
Action Plan for meeting Equal Opportunity Requirements under Title VI and VII of the
Civil Rights Act of 1964, Section 503 and 504 of the Rehabilitation Act of 1973, Title VI
and XVI of the Public Health Service Act, the Age Discrimination in Employment Act of
1967, the Age Discrimination Act of 1975, the Omnibus Reconciliation Act of 1981, the
American with Disabilities Act (ADA) of 1990, and the Wisconsin Fair Employment
Act. If the Plan was reviewed and approved during the previous year, a plan update must
be submitted for this Contract Agreement period.
1)
No otherwise qualified person shall be excluded from participation in, be denied
the benefits of, or otherwise be subjected to discrimination in any manner on the
basis of race, color, national origin, sexual orientation, religion, sex, disability or
age. This policy covers eligibility for and access to service delivery, and
treatment in all programs and activities. All employees of the Contractee are
expected to support goals and programmatic activities relating to
nondiscrimination in service delivery.
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2)
No otherwise qualified person shall be excluded from employment, be denied
the benefits of employment or otherwise be subjected to discrimination in
employment in any manner or team of employment on the basis of age, race,
religion, sexual orientation, color, sex, national origin or ancestry, disability (as
defmed in Section 504 and the American with Disability Act of 1990), or
association with a person with a disability, arrest or conviction record, marital
status, political affiliation, or military participation, unfair honesty testing and
genetic testing, and use or non-use of lawful products outside of working hours.
All employees of the Contractee are expected to support goals and
programmatic activities relating to non-discrimination in employment.
3)
The Contractee shall post the Equal Opportunity Policy, the name of the Equal
Opportunity Coordinator and the Limited English Proficiency Coordinator, and
the discrimination complaint process in conspicuous places available to
applicants and clients of services, and applicants for employment and
employees. The complaint process will be according to the Contractor's
standards and the Contractee shall post the complaint process notice translated
into the major primary languages of the limited English Proficient (LEP)
participants in their service area, The notice will announce the availability of
free oral interpretation of services if needed. The Contractee shall not request
interpretation services from family members, ffiends and minors.
4)
The Contractee agrees to comply with the Contractor's guidelines in the State of
Wisconsin Department of Workforce Development and Department of Health
and Family Services, Affirmative Action, Equal Opportunity, Limited English
Proficiency and Civil Rights Compliance Plan for Profit and Non-Profit Entities
DWSD-14045 (R. 11/2003» or subsequent revisions.
5)
Requirements herein stated apply to any subcontracts or grants. The Contractee
has primary responsibility to take constructive steps, as per the State of
Wisconsin Department of Workforce Development and Department of Health
and Family Services, AffIrmative Action, Equal Opportunity, Limited English
Proficiency and Civil Rights Compliance Plan for Profit and Non-Profit Entities
DWSD-14045 (R: 11/2003), to ensure the compliance of its subcontractors.
However, where the Contractor has a direct contract with another Contractee's
subcontractor, the Contractee need not obtain a Subcontractor or Subgrantee
Civil Rights Compliance Plan or monitor that subcontractor.
6)
The Contractor will monitor the Civil Rights Compliance of the Contractee.
The Contractor will conduct reviews to ensure that the Contractee is ensuring
compliance by its subcontractors or grantees according to guidelines in the State
of Wisconsin Department of Workforce Development and Department of Health
and Family Services, Affirmative Action, Equal Opportunity and Limited
English Proficiency, Civil Rights Compliance Plan for Profit and Non-Profit
Entities, DWSD- 14045 (R. 11/2003). The Contractee agrees to comply with
Civil Rights monitoring reviews, including the examination of records and
relevant files maintained by Contractee, as well as interviews with staff, clients,
and applicants for services, subcontractors, providers, and referral agencies.
The reviews will be conducted according to Department procedures. The
Contractor will also conduct reviews to address immediate concerns of
complainants.
7)
The Contractee agrees to cooperate with the Contractor in developing,
implementing and monitoring corrective action plans that result from complaint
investigations or monitoring efforts.
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VII.
VIII.
C.
The Contractee agrees that it will: (1) hire staff with special translation or sign language
skills and/or provide staff with special translation or sign language skills training, or find
qualified persons who are available within a reasonable period of time and who can
communicate with limited or non-English speaking or speech or hearing-impaired clients
at no cost to the client; (2) provide aids, assistive devices and other reasonable
accommodations to the client during the application process, in the receipt of services,
and inthe processing of complaints or appeals; (3) train staff in human relations
techniques, sensitivity to persons with disabilities and sensitivity to cultural
characteristics; (4) make programs and facilities accessible, as appropriate, through
outstations, authorized representatives, adjusted work hours, ramps, doorways, elevators,
or ground floor rooms, and Braille, large print or taped information for the visually or
cognitÌvely impaired; (5) post and/or make available informational materials in languages
and formats appropriate to the needs of the client population.
SUBCONTRACTS
1.
The Contractee may subcontract all or part of this Contract Agreement as agreed to during
contract negotiation. The Contractor reserves the right of approval for any subcontracts and the
Contractee shall report information relating to subcontracts to the Contractor. A change in a
subcontractor or a change from direct service provision to a subcontract may only be executed
with the prior written approval of the Contractor. In addition, Contractor approval may be
required regarding the terms and conditions of the subcontracts, and the subcontractors selected.
Approval of the subcontractors will be withheld if the Contractor reasonably believes that the
intended subcontractor will not be a responsible provider in terms of services provided, objectives
to be attained, or required quality criteria.
2.
The Contractee retains responsibility for fuÌfillment of all terms and conditions of this Contract
Agreement when it enters into sub-contractual agreements and will be subject to enforcement of
all the terms and conditions of this Agreement.
3.
Recoupment of Contractor payments to the Contractee for failure to comply with either the
attainment of contract objectives or the maintenance of quality criteria by either the Contractee or
its subcontractor(s) will be made ffom the Contractee.
GENERAL PROVISIONS
1.
Any payments of monies to the Contractee by the Contractor for services provided under this
Contract Agreement shall be deposited in a bank with Federal Deposit Insurance Corporation
(hereinafter FDIC) insurance coverage. Any balance exceeding FDIC coverage must be
collaterally secured.
2.
The Contractee shall conduct all procurement transactions in a manner that provides maximum
open and free competition.
3.
The Contractee shall not engage the services of any person or persons concurrently employed by
the State of Wisconsin, including any Department, commission or board thereof, to provide
services relating to this Contract Agreement without the written consent of the employer of such
person or persons and of the Contractor.
4.
This Contract Agreement is voidable if the Contractee is a state public official, a member of a
state public official's immediate family, or an organization in which the official or immediate
family member owns or controls at least 10% of the outstanding equity, voting rights, or
outstanding indebtedness and failed to make the written disclosure required under sec. 19.45 Wis.
Stats. This disclosure is required to be made to the State of Wisconsin Ethics Board, 44 East
Washington Avenue, Suite 601, Madison WI 53703-2800, [Telephone (608) 266-8123].
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IX.
5.
If the Contractee örany subcontractor is a corporation other than a Wisconsin corporation, it must
demonstrate prior to providing services under this Contract Agreement that it possesses a
certificate of authority ffom the Wisconsin Secretary of State, and must have, and continuously
maintain, a registered agent, and otherwise conform to all requirements of Chapters 180 and 181,
Wisconsin Statutes, relating to foreign corporations.
6.
The Contractee agrees that funds provided under this Contract Agreement shall be used to
supplement or expand the Contractee's current public health service efforts, not to replace or
allow for the release of available local (Contractee) funds for alternative uses. If the Contractor
determines that local funds supporting public health services or funds under this Agreement have
been released for alternative uses (supplanting), the Contractee may be subject to a proportionate
reduction in funding under this Agreement in the current or subsequent contract year.
ACCOUNTING REQUIREMENTS
1.
For Contract Agreements of twenty-five tl)Ousand dollars ($25,000) or more, the Contractee shall
maintain a uniform double entry, full accrual accounting system and a fmancial management
information system in accordance with Generally Accepted Accounting Principles. (See DHFS'
Accounting Principles and Allowable Cost Policy Manual, available upon request ffom the
Contract Administrator or ffom the Office of Program Review and Audit, Department of Health
and Family Services, One West Wilson Street, PO Box 7850, Madison WI 53707-7850.)
2.
For Contract Agreements of less than twenty-five thousand dollars ($25,000), the Contractee shall
at least maintain a simplified double entry bookkeeping system as defmed in the Department's
Accounting Principles and Allowable Cost Policy Manual.
3.
The Contractee's accounting system shall allow for accounting of total funds included in this
Contract Agreement, and document that contract funds were not diverted outside of such set of
programs. Diversion outside of the set of programs included in this Agreement will be subject to
recoupment. .
4.
As an innovation involving Federal funds, the Department is in the process of securing Federal
agreement to the accounting reforms in this contract. Until such time as the Contractee receives
final written notice from the Contractor that the Federal government has waived program specific
cost-based reporting requirements for all programs, the Contractee shall maintain sufficient
information within their accounting records to provide cost-based information by program. The
Contractee shall provide this information to the Contractor electronically upon request for
statewide reconciliation; however, the Contractor will not request this information unless
necessary to support the claiming of Federal funds.
5.
If program specific cost information is requested under paragraph 4 above, the Contractor will
make the request in writing at least 30 days prior to the due date for such information; will limit
the breakdown of the information to what is required by the Contractor's funding sources and;
will only request the information as of the end ofthe contract period for the full contract period.
6.
The Contractee shall reconcile costs and match to expenses recorded in the Contractee' s
accounting or simplified bookkeeping system on an ongoing and periodic basis. The Contractee
agrees that reconciliation will be completed at least quarterly, will be documented, and supplied to
the Contractor upon request. The Contractee shall retain the reconciliation documentation in
accordance with the record retention requirement specified in Section XIV.
7.
Monthly submittals of expenditure reports on the use of funds within this Contract Agreement are
not required for contract payment purposes.
8.
Nothing in this Section precludes the Contractee from keeping such information as needed for its
internal management purposes.
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X.
XI;
XII.
9.
Expenditures of funds ffom this Contract Agreement must meet the Department's allowable cost
defmitions as defmed in the Department's Accounting Principles and Allowable Cost Policy
Manual.
CHANGES IN ACCOUNTING PERIOD
1.
The Contractee's accounting records are maintained on a fiscal year basis, beginning on the date
indicated in the CARS Payment Information section of this contract. During the contract period,
the accounting period may only be changed with prior written approval ffom the Contractor. The
Contractor may approve a change in accounting period only if the Contractee has a substantial,
verifiable business reason for changing the accounting period and agrees to submit a closeout
audit, as defmed in section (XII, 8), within 90 days after the fIrst day of the new accounting
period.
2.
Proof ofInternal Revenue Service approval shall be considered verification that the Contractee
has a substantial business reason for changing its accounting period.
3.
A change in accounting period shall not relieve the Contractee of reporting or audit requirements
of this Contract Agreement. An audit meeting the requirements of this Agreement shall be
submitted within 90 days after the first day of the start of the new accounting period for the short
accounting period and within 180 days of the close of the new accounting period for the new
period. For purposes of determining audit requirements, expenses and revenues incurred during
the short accounting period shall be annualized.
PROPERTY MANAGEMENT REQUIREMENTS
1.
Property insurance coverage will be provided by the Contractee for fire and extended coverage of
any equipment funded under this Contract Agreement which the Contractor retains ownership of,
and which is in the care, custody and control of the Contractee.
2.
The Contractor shall have all ownership rights in any hardware funded under this Contract
Agreement or supplied by the Contractor and in any software or modifications thereof and
associated documentation designed, developed or installed as a result of this Agreement. The
Contractee is responsible for keeping all of Contractor's property secure from theft, damage or
other loss.
3.
The Contractee agrees that if any materials are developed under this Contract Agreement, the
Contractor shall have a royalty-free, non-exclusive, and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, such materials. Any discovery or invention arising
out of, or developed in the course of work aided by this Agreement, shall be promptly and fully
reported to the Contractor.
AUDIT REQUIREMENTS
1.
Requirement.to Have an Audit: Unless waived by the Contractor, the Contractee shall submit an
annual audit to the Contractor if the total amount of annual funding provided by the Contractor
(ffom any and all of its Divisions taken collectively) through this and other contracts is $25,000 or
more. In determining the amount of annual funding provided by the Contractor, the Contractee
shall consider both: (a) funds provided through direct contracts with the Contractor; and (b) funds
from the Contractor passed through another agency which has one or more contracts with the
Contractee.
2.
Audit Requirements: The audit shall be performed in accordance with auditing standards generally
accepted in the United States of America, s.46.036, Wis. Stats., Government Auditing Standards,
and other provisions in this Contract Agreement. In addition, the Contractee is responsible for
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ensuring that the audit complies with other standards that may be applicable depending on the
type of Contractee and the nature and amount of fmancia1 assistance received from all sources:
.
Federal OMB Circular A-133 "Audits of States, Local Governments and Nonprofit
Organizations," which applies only to Contractees that expend $500,000 ffom all federal
funding sources (this grant and other grants, direct or indirect, ffom this Contractor or
another) during a Contractee's fiscal year.
.
The State Single Audit Guidelines (SSAG), which are applicable to local governments having
A-133 audits; and/or
.
The Provider Agency Audit Guide (P AAG). All Contractees that do not meet the
requirements of the SSAG shall have audits in conformance with the PAAG.
3.
Reporting Package: The Contractee shall submit to the Contractor a reporting package which
includes the following:
A.
Financial statements and other audit schedules and reports required for the type of audit
applicable to the Contractee.
B.
The Management Letter (or similar document conveying auditor's comments issued as a
result of the audit) or written assurance that a Management Letter was not issued with the
audit report.
C.
Management responses/corrective action plan for each audit issue identified in the audit.
D.
If program specific cost-based information is needed, the Contractor may require it as
part of the reporting package.
4.
Submitting the Reporting Package: The Contractee shall submit the required reporting package to
the Contractor either: (a) within nine months of the end of the Contractee's fiscal year if the
Contractee is a local government, or (b) within 180 days of the end of the Contractee's fiscal year
for non-governmental Contractee agencies. Two copies of the audit report must be sent to the
Contractor at the following address:
Program Evaluation and Audit Section
Office of Strategic Finance
Department of Health and Family Services
PO Box 7850
Madison WI 53707-7850
5.
Access to Auditor's Work Papers: When contracting with an audit firm, the Contractee shall
authorize its auditor to provide access to work papers, reports, and other materials generated
'during the audit to the appropriate representatives of the Department. Such access shall include
the right to obtain copies of the work papers and computer disks, or other electronic media, upon
which records/working papers are stored.
6.
Access to Contractee Records: The Contractee shall permit appropriate representatives of the
Department and/or the Contractor to have access to the Contractee's records and fmancial
statements as necessary to review Contractee's compliance with the Federal and State
requirements for the use of the funding.
7.
Failure to Comply with the Requirements of this Section: In the event that the Contractee fails to
have an appropriate audit performed or fails to provide a complete audit report to the Contractor
within the specified timeffames, in addition to applying one or more of the sanctions available in
Section XVI of this contract, the Contractor may:
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XIII.
A.
Conduct an audit or arrange for an independent audit of the Contracteeand charge the
cost of completing the audit to the Contractee;
B.
Charge the Contractee for all loss of Federal or State aid or for penalties assessed to the
Contractor because the Contractee did not submit a complete audit report within the
required timeframe; and/or
C.
Disallow the cost of audits that,do not meet these standards.
8.
Closeout Audits:
A.
A specific audit of an accounting period ofless than twelve (12) months is required when
an agreement is terminated for cause, when the Contractee ceases operations or when the
Contractee changes its accounting period (fiscal year). The purpose of the audit is to
closeout the short accounting period. The required closeout audit may be waived by the
Contractor upon written request from the Contractee, except when the agreement is
terminated for cause. The required closeout audit may not be waived when an agreement
is terminated for cause.
B.
The Contractee shall ensure that its auditor contacts the Contractor prior to beginning the
audit. The Contractor, or its representative, shall have the opportunity to review the
planned audit program, request additional compliance or internal control testing and
attend any conference between the Contractee and the auditor. Payment of increased
audit costs, as a result of the additional testing requested by the Contractor, is the
responsibility of the Contractee.
C.
The Contractor may require a closeout audit that meets the audit requirements specified
in XII, 2. above. In addition, the Contractor may require that the auditor annualize
revenues and expenditures for the purposes of applying OMB Circular A-133 and
determining major Federal financial assistance programs. This information shall be
disclosed in a note to the schedule of Federal awards.
D.
All other provisions in the Audit Requirements section apply to Closeout Audits unless in
conflict with the specific Closeout Audits requirements.
OTHER ASSURANCES
1.
The Contractee shall notify the Contractor in writing, within thirty (30) days of the date payment
was due of any past due liabilities to the Federal Government, State Government or their agents
for income tax withholding, FICA, Workers' Compensation, Unemployment Compensation,
garnishments or other employee related liabilities, Sales Tax, Income Tax of the Contractee, or
other monies owed. The written notice shall include the amount(s) owed, the reason the monies
are owed, the due date, the amount of any penalties or interest, known or estimated, the unit of
government to which the monies are owed, the expected payment date and other related
information.
2.
The Contractee shall notify the Contractor, in writing, within thirty (30) days of the date payment
was due, of any past due payment in excess of five hundred dollars ($500), or when total past due
liabilities to anyone or more vendors exceed one thousand dollars ($1000), related to the
operation of this Contract Agreement for which the Contractor has reimbursed or will reimburse
the Contractee. The written notice shall include the amount(s) owed, the reason the monies are
owed, the due date, the amount of any penalties or interest, known or estimated, the vendor to
which the monies are owed, the expected payment date and other related information. If the
liability is in dispute, the written notice shall contain a discussion of facts related to the dispute
and the information on steps being taken by the Contractee to resolve the dispute.
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XIV.
XV.
3.
The Contractor may require written assurance at the time of entering into this Contract Agreement
that the Contractee has in force and will maintain forthe course of this Agreement employee
dishonesty bonding in a reasonable amount to be determined by the Contractor.
4.
The Contractee certifies that neither the Contractee organization nor any of its principals are
debarred, suspended, or proposed for debarment for Federal fmancial assistance (e.g., General
Services Administration's List of Parties Excluded ffom Federal Procurement and Non-
Procurement Programs). The Contractee further certifies that potential sub-recipients, contractors,
or any of their principals are not debarred, suspended or proposed for debarment.
RECORDS
1.
The Contractee shall maintain such records (in either written or electronic form) as required by
State and Federal law and as required by program policies. Records shall be retained for no less
than the retention period specified in law or policy. Records for periods which are under audit or
subject to dispute or litigation must be retained until the audit, dispute or litigation, and any
associated appeal periods, have ended.
2.
The Contractee will allow inspection of records and programs, insofar as is permitted by State and
Federallaw, by representatives of the Contractor and its authorized agents, and Federal agencies,
in order to ,confirm the Contractee's compliance with the specifications of this Contract
Agreement.
The Contractee agrees to retain and make available to the Contractor all program and fiscal
records in accordance with the retention period specified in paragraph 1 above. Upon the
Contractor's request, at the expiration of the Contract Agreement, the Contractee will transfer at
no cost to the Contractor, records regarding the individual recipients who received services from
the Contractee under this Agreement. The transfer of records includes transfer of any record,
regardless of media, if that is the only method under which records were maintained.
3.
4.
The Contracteeand its subcontractors shall comply with all State and Federal confidentiality laws
concerning the information in both the records it maintains and in any of the Contractor's records
that the Contractee accesses to provide the services under this Contract Agreement.
AGREEMENT REVISIONS AND/OR TERMINATION
1.
The Contractee agrees to re-negotiate with the Contractor this Contract Agreement or any part
thereof in such circumstances as:
.
Increased or decreased volume of services as required by the Contractor;
Changes required by State and Federal law or regulations, or court action; or,
Increase or reduction in the monies available affecting the substance of this Agreement.
.
.
Failure to agree to a re-negotiated Contract Agreement under these circumstances is cause for the
Contractor to terminate this Agreement.
2.
This Contract Agreement can be terminated for any reason by a 30-day written notice by either
party. '
3.
Revision of this Contract Agreement may be made by mutual agreement. The revision will be
effective only when the Contractor and Contractee attach an addendum or amendment to this
Agreement, which is signed by the authorized representatives of both parties, except in
circumstances in which increased case load or grant award amount, where such increase in funds is
fOt: the same purpose as originally agreed upon, the Agreement may be amended by a unilateral
amendment made by the Contractor.
Revised 11/04 Preparedness-LHD Fiscal Agent
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XVI.
4.
The Contractee shall notify the Contractor whenever it is unable to provide the required quality or
quantity of services required. Upon such notification, the Contractor shall determine whether
such inability will require revision or termination of this Contract Agreement.
5.
If the Contractor fmds it necessary to terminate this Contract Agreement prior to the stated
expiration date for reason other than non-performance by the Contractee, payment by the
Contractor shall cease upon termination. Termination of the contract does not nullify the
recoupment of funds by the Contractor, per the negotiated Agreement, associated with failure to
attain program objectives or the failure to maintain quality criteria.
NON-COMPLIANCE, SANCTIONS AND REMEDIAL MEASURES
1.
Ifthe Contractor determines, after notice to the Contractee and opportunity to respond, that the
Contractee:
.
Is out of compliance with the program quality criteria as listed in Exhibit I, the Contractor may
withhold part or all of the Contractee's funding at a level deemed appropriate by the Contractor as
defined in paragraph 3 below.
Has not attained the negotiated objective(s) as listed in Exhibit II, the Contractee shall refund the
amount designated in Exhibit II under Risk Profile. Recoupments will be collected during the
subsequent contract year via an adjustment (decrease) in the CARS monthly payment. In such
case where a Contractee is subject to recoupment and no longer holds a Contract Agreement with
the Contractor, the Contractor will issue an invoice to be paid by the Contractee.
.
The Contractor may also, at its sole discretion, effectuate such refunds by withholding money ffom
future payments due the Contractee at any time during or after the contract period or may recover such
funds by any other legal means.
2.
Failure to comply with any part of this Contract Agreement may be considered cause for revision,
suspension or termination of this Agreement. Suspension includes withholding part or all of the
payments that otherwise would be paid the Contractee under this Agreement, temporarily having
others perform, and receive reimbursement for, the services to be provided under this Agreement and
any other measure that suspends the Contractee's participation in the Agreement if the Contractor
determines it is necessary to protect the interests of the State.
3.
The Contractee shall provide written notice to the Contractor of all instances of non-compliance with
the terms of program quality criteria associated with this Contract Agreement by itself or its
subcontractors. Notice shall be given as soon as practicable but in no case later than 15 days after the
Contractee became aware, or should have been aware, of the non-compliance. Non-compliance can
also be determined by the Division of Public Health Regional Office Contract Administrator through
on-site inspection or desk review of documentation. The written notice shall include information on
reason(s) for and effect(s) of the non-compliance. The Contractee shall provide the Contractor with a
plan to correct the non-compliance and a timetable for the implementation of that plan to correct. The
plan to correct must be approved by the Contractor. If at the end of the implementation period, the
Contractee is found to still be out of compliance, the Contractor may, at its sole discretion, take
whatever action it deems necessary to protect the interests of the State, including withholding part or
all of the Contractee's funding, if it reasonably believes that the non-compliance will continue or will
reoccur.
4.
The Contractee shall provide within 30 days after the end of the contract period (or by the date
specified in Exhibit II) to the Contractor via the Contract Administrator, the documentation specified
in Exhibit II relating to attainment or failure to attain the objectives agreed to in this Contract
Agreement. If any objective is not attained, the Contractor will determine, at its sole discretion, the
proportion of non-attainment and will recoup ffom the Contractee an amount as defmed by the Risk
Profile identified in Exhibit II. Any degree of non-attainment, as judged by the sole discretion of the
Contractor, shall be used by the Contractor in determining the conditions of any continuation of this
Agreement.
Revised U/04 Preparedness-LHD Fiscal Agent
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XVII.
5.
If the Contractor determines that non-compliance with other requirements (not stated in Exhibit I or
ExhibitII) in this Contract Agreement has occurred, or is occurring, it shall demand immediate
correction of continuing non-compliance and it may impose whatever sanctions or remedial measures
it deems necessary to protect the interests of the State. Such sanctions and measures may include
termination of the Agreement, suspension of the Agreement as defined in paragraph 2 above, imposing
additional reporting requirements and monitoring of subcontractors and any other measures it deems
appropriate and necessary.
6.
If audits are not submitted when due, the Contractor may take action pursuant to Section XII of this
Contract Agreement.
7.
If required program deliverables or other required information or reports, other than audits, are not
submitted when due, the Contractor may withhold all payments that otherwise would be paid the
Contractee under this Contract Agreement until such time as the reports and information are
submitted. In addition, the Contractor can hold implementation of continuation of this Agreement
pending submittal of this documentation.
DISPUTE RESOLUTION
If any dispute arises between the Contractor and Contractee under this Contract Agreement, including the
Contractor's fmding of non-compliance and imposition of sanctions or remedial measures, the following
process will be the exclusive administrative review.
1.
The Contractor's and Contractee's Contract Administrators will attempt to resolve the dispute, in
coordination with the Division of Public Health Regional Office Director and appropriate program
staff within the Division.
2.
If the dispute cannot be resolved by the Contract Administrators, the Contractee may ask for
review by the Administrator of the Division of Public Health.
3.
If the dispute is still not resolved, the Contractee may request a final review by the Secretary of
the Department of Health and Family Services.
XVIII. INDEMNITY
XIX.
XX.
The Contractor and Contractee agree they shall be responsible for any losses or expenses (including costs,
damages, and attorney's fees) attributable to the acts or omissions of their officers, employees or agents.
SURETY BOND
The Contractor may require the Contractee to have a surety bond. The surety bond shall be in force for the
period of the Contract Agreement and shall be a reasonable amount to be determined by the Contractor.
CONDITIONS OF THE PARTIES' OBLIGATIONS
1.
This Contract Agreement is contingent upon authorization of Wisconsin and United States law,
and any material amendment or repeal of the same affecting relevant funding or authority of the
Contractor shall serve to revise or terminate this Agreement, except as further agreed to by the
parties hereto.
2.
The Contractor and Contractee understand and agree that no clause, term or condition of this
Contract Agreement shall be construed to supersede the lawful powers or duties of either party.
3.
It is understood and agreed that the entire Contract Agreement between the parties is contained
herein, except for those matters incorporated herein by reference, and that this Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject matter
thereof.
Revised 11/04 Preparedness-LHD Fiscal Agent
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XXI.
XXII.
SPECIAL PROVISIONS
1.
If the Contractor determines that the Contractee has exceeded the agreed upon program
objective(s) to the level specified in Exhibit II, Conditions/or an Incentive Payment, the
Contractee may be eligible to receive performance-based incentive funds if such funds are
available as determined by the Contractor.
2.
The Contractor may make these incentive awards at its discretion based on the amount of
available incentive funding and the terms of agreement with the Federal agency(s) as to the
distribution of such incentive funding. The awards will be made during the subsequent contract
year via an adjustment (increase) in the monthly CARS payment. In such case where a Contractee
is eligible for an incentive payment and no longer holds a contract agreement with the Contractor,
the Contractor will make a separate payment to the Contractee. The incentive funds must be
expended by the Contractee within the subsequent contract or calendar year and can not be
diverted outside of the set of programs defmed by this Contract Agreement or used for
supplanting purposes.
3.
To the extent allowed by law, all funding recouped by the Contractor from the Contractee shall be
held by the Contractor in a fund designated for use within the program area associated with the
recoupment action. These funds may be used to award other Contractees who have exceeded their
objectives in that program, general funding of the program area to all Contractees via formula in
the next contract period, general funding of the program for all Contractees during the current
contract period, or returned to the Federal funding agency of that program. These funds cannot be
used by the Contractor for their own operational costs. ..
4.
If at the end of the contract year, the Contractee has attained its contract objectives and is in
compliance with the quality criteria, it may retain any unspent funds from this Contract
Agreement not expended during the contract year. However, those funds must be expended in the
current contract year or the contract year immediately following and their use must fall within the
program boundaries established under this Agreement. These retained funds cannot be diverted
outside ofthe scope of this Agreement, the Local Public Health Department's budget, or used to
supplant local public health tax levy levels. These funds shall be retained in a non-lapsing
account for the sole use of the Local Public Health Department; these funds may not lapse to the
general fund. The Contractee shall report how these funds were utilized upon request of the
Contractor.
CONTRACT RENEWAL OPTIONS
This contract can be renewed on an annual basis for up to two (2) one-year extensions with the mutual
agreement of both the Contractor and Contractee. The objectives to be attained by program will be re-
negotiated each year by the Contractor and Contractee, as well as documentation deliverables and risk
conditions.
Revised 11104 Preparedness-LHD Fiscal Agent
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XXIII. TIMELY CONTRACT SIGNING
This Contract Agreement becomes null and void if the time between the earlier dated signature and the later
dated signature of the Contractee's and Contractor's Authorized Representative on this Agreement (or
addendum) exceeds sixty (60) days inclusive of the two signature dates.
Date
U~jiJ1
Date
if' +'¡',E':~,'<¡(; orovisions
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CARS PAYMENT INFORMA nON
The information below is used by the Deparlment's Bureau of Fiscal Services, CARS Unit to facilitate the processing and
recording of payments made under this Contract Agreement.
Agency Name Oshkosh Health Deparlment
Agency Number 472894
Agency Type 21
Contract Period January 1,2005 through August 31,2005
Contract Amount $71,250
Agency Fiscal Year January through December
Profile ID#
155172 HRSA Hospital Preparedness
Amount $71,250
DPH HRSA Hospital Preparedness Contract # 13446
CFDA #s:
Bioterrorism
93.003
Revised 10104 CC-LPHD
14
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Contract Agreement Addendum: Exhibit I
Program Quality Criteria
Generally high program quality criteria for the delivery of quality and cost-effective administration of '
health care programs have been, and will continue to be, required in each public health program to be
operated under the tenus of this contract.
This Exhibit contains only applicable quality criteria for this contract.
01/31/2005 10:38 AM
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Contract #:, 13446
Contract Agreement Addendum: Exhibit I
Agency: Oshkosh Health Department
Contract Year: 2005
No Applicable Quality Criteria
0]/3112005 ]0:38 AM
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Contract Agreement Addendum: Exhibit II
Program Objectives
(A) Contract Funds, Program/Objective Values, and Other Contract Details
(B) Objective Details
0113112005 10:38 AM
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Contract #: 13446
Contract Agreement Addendum: Exhibit II(A)
Agency: Oshkosh Health Department
Contract Year: 2005
Contract Source of Funds
Source
Program
Amount
ContractAmount I
$71,250
Oshkosh
Bioterrorism, Hospital Assess & Plan
$71,250
Contract Match Requirements
Program
Amount
Bioterror HRSA Hospital
Prepare
$0
Program Sub-Contracts
Program
Sub-Contractee
Sub-Contract Amount
Bioterror HRSA Hospital None Reported
Prepare
$0
Other Contract Information
The fonnat of an objective's Risk Profile can be either: 1) a grid to correlate definitions of percentage attainment and the related
reêoupment based on the objective's value, 2) accountability target(s), or 3) non-specific as to definitions of attainment and
recoupment, or accountability.
An accountability target is defined as an action that, if taken, should lead to the accomplishment of an objective.
Ifthe Contractor detennines an objective has not been attained, there will be: 1) recoupment based on the stipulated correlation to
percentage attainment, or 2) a review undertaken (by the Contractee's Health Officer and Division of Public Health Regional Office
and Central Office staff) to detennine that either no further action is necessary or a technical assistance plan needs to be developed
and implemented. If a pattern of ongoing objective attainment failure is documented in a program area or across an agency's
contracts for two or more years, the Division of Public Health Administrator may reduce the following year's contract by some or all
ofth,e value amount assigned to the objectives that were not achieved. Ifthis happens, a mutually agreed-upon improvement plan will
developed and implemented to reinstate the funding in future years.
Non-perfonnance is defined as no effort to accomplish an objective.
If the Contractor detennines there is non-perfonnance against a particular program objective, the Division of Public Health
Administrator may choose to reduce the Contractee's following year's allocation in that program by an amount less than or equal to
the value assigned to that objective. Correspondingly, a mutually agreed-upon improvement plan will be developed and implemented
to reinstate the funding in future years.
01131/2005 10:38 AM
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Contract #: 13446
Contract Agreement Addendum: Exhibit II(A)
Agency: Oshkosh Health Department
Contract Year: 2005
Bioterror HRSA Hospital Prepare
Program Total Value $71,250
By August 31, 2005, every hospital in HRSA Region Six will document its ability to manage a mass casualty
incident by achieving 60% of the Minimum Level of Readiness Capacity Indicators.
By August 31, 2005, every hospital in HRSA Region Six will document its ability to manage a mass casualty
incident by achieving 40% ofthe Minimum Level of Readiness Capability Indicators.
$37,500
2
$33,750
Total of Contract Objective Values
$71,250
01/31/2005 10:38 AM
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Contract Agreement Addendum: Exhibit II(B)
Contract #: 13446 Agency: Oshkosh Health Department
Program: Bioterrorism HRSA Hospital Preparedness Objective #: 1 of 2
Contract Year: 2005
Objective Value: $37,500
Objective: Primary Details
Objective Statement
By August 31, 2005, every hospital in HRSA Region Six will document its ability to manage a mass casualty incident by achieving
60% of the Minimum Level of Readiness Capacity Indicators.
Deliverable Due Date: 09/30/2005 '
Contract Deliverable (Evidence)
A completed Minimum Levels of Readiness Capacity Indicators Checklist and accompanying documentation delivered to the
Wisconsin Division of Public Health, Hospital Bioterrorism Preparedness Program.
Programs Providing Funds for this Objective
Bioterrorism HRSA Hospital Preparedness: $37,500
Agency Funds for this Objective:
Data Source for Measurement
City of Oshkosh Public Health Department records.
Baseline for Measurement
This is a new initiative. The baseline will be detennined during the contract period.
Context
The hospital members of HRSA Region Six will be better prepared to respond to bioterrorism, outbreaks of infectious disease, and
other public health threats and emergencies as part of an overall post-event preparedness strategy to manage a mass casualty
incident by completing the Minimum Levels of Readiness Indicators Checklist, which is based on the Critical Benchmarks of the
Health Research and Services Administration (HRSA) FFY 2004 Grant Guidance. The Minimum Levels of Readiness Indicators
Checklist is intended to address the Critical Benchmarks of the FFY04 funding from HRSA to implement a response to a
bioterrorist event, infectious disease outbreaks and other public health threats and emergencies involving mass casualties. These
Checklists have been designed so they can be accomplished given the limited funds available per region. The Minimum Levels of
Readiness Indicators Checklist outlines all the activities that are to be implemented by hospitals in HRSA Region Six. This will
allow the hospitals to accomplish the FFY04 Benchmarks to best prepare for a regional response in a mass casualty event.
Input Activities
What follows is an itemization of the Critical Benchmarks and the number of Checklist Items that are to be addressed (in
parenthesis) for each section of the Wisconsin Hospital Emergency Preparedness Plan. The hospital is to complete the Checklist by
indicating that the Capacity Indicator either has been achieved or has not yet been achieved. Administration lA-Hospital
Preparedness (number of checklist items to be completed = 7). Administration IB-Purpose and Objectives (number of checklists
items to be completed = 2). Àdministration IC-Membership (number of checklist items to be completed = 5). Administration ID-
Scope of Plan (number of checklist items to be completed = 1). Administration 2-Post Incident Evaluation (number of checklist
items to be completed = 1). Administration 3-Plan Approval (number of checklist items to be completed = 2). Operations 1-
Surveillance (number of checklist items to be completed = 4). Operations 2-Identification of an Unusual Infectious Disease or
Incident ofBioterrorism (number of checklist items to be completed = 2). Operations 3-Notification of an Incident (number of
checklist items to be completed = 1). Operations 4-Infection Control Measures (number of checklist items to be completed = 7).
Operations 5-Plan Activation (number of checklist items to be completed = 8). Operations 6-Hospital Receiving, Triage and
Transportation (number of checklist items to be completed = 4). Operations 7-Increasing Bed Capacity (number of checklist items
to be completed = 1). Operations 9-Security (number of checklist items to be completed = 6). Operations 10-Decontamination
(number of checklist items to be completed = 6). Operations II-Disposal of Waste (number of checklist items to be completed = 3).
Objective: Risk Profile
Accountability Targets
Accountability targets are not applicable or were not detennined for this contract objective.
Conditions of Eligibility for an Incentive
I None
01/31/2005 10:38 AM
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Contract Agreement Addendum: Exhibit II(B)
Contract #: 13446 Agency: Oshkosh Health Department
Program: Bioterrorism HRSA Hospital Preparedness Objective #: 2 of 2
Contract Year: 2005
Objective Value: $33,750,
Objective: Primary Details
Objective Statement
By August 31, 2005, every hospital in HRSA Region Six will document its ability to manage a mass casualty incident by achieving
40% of the Minimum Level of Readiness Capability Indicators.
Deliverable Due Date: 01/31/2006
Contract Deliverable (Evidence)
A completed Minimum Levels of Readiness Capability Indicators Checklist and accompanying documentation delivered to the
Wisconsin Division of Public Health, Hospital Bioterrorism Preparedness Program.
Programs Providing Funds for this Objective
Bioterrorism HRSA Hospital Preparedness: $33,750
Agency Funds for this Objective:
Data Source for Measurement
City of Oshkosh Public Health Department records.
Baseline for Measurement
This is a new initiative. The baseline will be detennined during the contract period.
Context
The hospital members of HRSA Region Six will be better prepared to respond to bioterrorism, outbreaks of infectious disease, and
other public health threats and emergencies as part of an overall post-event preparedness strategy to manage a mass casualty
incident by completing the Minimum Levels of Readiness Indicators Checklist, which is based on the Critical Benchmarks of the
Health Research and Services Administration (HRSA) FFY 2004 Grant Guidance. The Minimum Levels of Readiness Indicators
Checklist is intended to address the Critical Benchmarks ofthe FFY04 funding from HRSA to implement a response to a
bioterrorist event, infectious disease outbreaks and other public health threats and emergencies involving mass casualties. These
Checklists have been designed so they can be accomplished given the limited funds available per region. The Minimum Levels of
Readiness Indicators Checklist outlines all the activities that are to be implemented by hospitals in HRSA Region Six. This will
allow the hospitals to accomplish the FFY04 Benchmarks to best prepare for a regional response in a mass casualty event. '
Input Activities
What follows is an itemization of the Critical Benchmarks and the number of Checklist Items that are to be addressed (in
parenthesis) for each section of the Wisconsin Hospital Emergency Preparedness Plan. The hospital is to complete the Checklist by
indicating that the Capability Indicator either has been achieved or has not yet been achieved. Administration lA-Hospital
Preparedness (number of checklist items to be completed = 8). Administration IB-Purpose and Objectives (number of checklists
items to be completed = 5). Administration lC-Membership (number of checklist items to be completed = 1). Administration ID-
Scope of Plan (number of checklist items to be completed = 1). Administration 2-Post Incident Evaluation (number of checklist
items to be completed = 1). Administration 3-Plan Approval (number of checklist items to be completed = 1). Operations 1-
Surveillance (number of checklist items to be completed = 4). Operations 2-Identification of an Unusual Infectious Disease or
Incident ofBioterrorism (number of checklist items to be completed = 2). Operations 4-lnfection Control Measures (number of
checklist items to be completed = 4). Operations 5-Plan Activation (number of checklist items to be completed = 8). Operations 6-
Hospital Receiving, Triage and Transportation (number of checklist items to be completed = 4). Operations 7-Increasing Bed
Capacity (number of checklist items to be completed = 1). Operations 9-Security (number of checklist items to be completed = 6).
Operations lO-Decontamination (number of checklist items to be completed = 6). Operations II-Disposal of Waste (number of
checklist items to be completed = 3).
Objective: Risk Profile
Accountability Targets
Accountability targets are not applicable or were not detennined for this contract objective.
Conditions of Eligibility for an Incentive
¡None
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