HomeMy WebLinkAboutOHD #14880
Jim Doyle
Governor
Helene Nelson
Secretary
State of Wisconsin
Department of Health and Family Services
Paul Spiegel, Oshkosh Health Department
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Date
December 7, 2006
To:
From:
Billee Bayou, Office of Operations
Subject:
2006/2007 Hospital Preparedness Contract #14880
DIVISION OF PUBLIC HEALTH
1 WEST WILSON STREET
POBOX 2659
MADISON WI 53701-2659
608-266-1251
FAX: 608.267-2832
dhfs.wisca,nsin.gov
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Enclosed is your agency's original copy of the fully executed Contract Agreement for the
2006/2007 Division of Public Health and Hospital Preparedness Contract # 14880.
Wisconsin.gov
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DIVISION OF PUBLIC HEALTH
CONTRACT AGREEMENT
DPH CONTRACT #14880
Contract Preamble
This Agreement is entered into for the period September 1, 2006, through August 31, 2007, 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 1 West Wilson Street, P. O. Box 2659, Madison, Wisconsin 53701-
2659, hereinafter referred to as Contractor, and, Oshkosh Health Department, whose principal business address is
215 Church Avenue, P.O. Box 1130, Oshkosh, Wisconsin 54902-1130, hereinafterreferred to as Contractee.
The Contactee 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 Agreement should be sent to an address different from the Contractee
address above, that address should be provided below: '
Whereas, the Contractor wishes to purchase services from 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. 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. A detailed description of
the objectives to be attained and the documentation associated with that attainment is part of this Agreement
as listed in Exhibits I and II, which are attached to this Agreement.
II. CONTRACT ADMINISTRATION
The Contractor's contract administrator is Dennis Tomczyk of the Division of Public Health, whose
principal business address is 1 WestWilson Street, P. O. Box 2659, Madison, Wisconsin 53703-2659. Tht~
telephone number of the Contractor's Contract Administrator is (608) 266-3128. In the event that the
Contract Administrator is unable to administer this Contract Agreement, Contractor will contact the
Contractee and designate a new Contract Administrator.
The Contractee's Contract Administrator is Paul Spiegel, whose principal business address is 215 Church
Avenue, P.O. Box 1130, Oshkosh, Wisconsin 54902-1130. The telephone number ofthe Contractee's
Contract Administrator is (920) 236-5031. In the event that the 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 Contractee in accordance with the terms and conditions of this Agreement,
an amount not to exceed $80,000. This amount is contingent upon receipt of sufficient funds by the
Contractor( s).
Revised 12/01
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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.
IV. PAYMENT PROCESS
1. Payments will be made on a monthly basis. The Contractee will receive one-twelfth (1/12) of the
total contract amount each month unless Contractee has failed to maintain quality criteria or
proposed progress towards achievement of Contract objectives as determined by the Contractor. In
these situations the Contractor can make reductions in the monthly payment pursuant to Section
XVI. If any prepayments are made, these prepayments may be recovered from future payments due:
to the Contractee under this Agreement if the Contractor determines that such prepayments are in
excess of the Contractee's reported expenses.
2. The final payment under this Agreement will be made based on the [mal expense report submitted
by the Contractee on the DMT-855 CARS Expenditure Report which will contain all costs
incurred under this Agreement for the entire Agreement period. This claim for reimbursement of
allowable costs shall be submitted to the Department not later than ninety (90) days after the
Contract Agreement ending date (see Section XVIII). The Contractee shall report, by Contractee
assigned profIle number, all allowable costs plus any required matching funds stipulated in the
reporting instructions for this Agreement which are incorporated by reference. See DHFS
Allowable Cost Policv Manual. (Available from OPRA at address in Section XII.)
3. The Contractee shall submit the final expense report for reimbursement to the BFS/CARS Unit,
Department of Health and Family Services, Division of Management and Technology, P.O. Box
7850, Madison, Wisconsin 53707-7850, with one copy to the Contract Administrator. Payments
and reported expenses will be reconciled by the Department in accordance with state procedures.
4. If the Contractor determines, after notice to the Contractee and opportunity to respond, that
payments were made that exceeded allowable costs, the Contractee shall refund the amount
detertnined to be in excess within thirty (30) days of invoicing or notification by the Department.
The Contractor may, at its sole discretion, effectuate such refund by withholding money from
future payments due the Contractee at any time during or after the contract period. The Contractor
also may recover such funds by any other legal means.
5. 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.
V. PROGRAM REPORTING
1. The Contractee shall comply with the program reporting requirements of the Contractor as
specified during the negotiation period 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 as
specified in Exhibits I and II.
2. Failure to submit the program reports specified in the reporting instructions may result in the
Contractor rendering sanctions pursuant to Section XVI of this contract.
VI. 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
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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. Affrrmative Action Plan/Civil Rights Compliance
Affirmative Action Plans
A. For Agreements of twenty-five thousand ($25,000) or more, Contractee shall submit a
written Affirmative Action (AA) Plan, which may cover a two-year period. Contractees
with an annual work force ofless than twenty-five employees and Contractees who are
governmental entities are excluded from the requirement to submit an AA Plan.
B. "Affirmative Action Plan" is a written document that details an affrrmative action
program. Key parts of an affrrmative action plan are: (1) a policy statement pledging
nondiscrimination and affrrmative action employment, (2) internal and external
dissemination of the policy, (3) assignment of a key employee as the equal opportunity
officer, (4) a workforce analysis that identifies job classifications where representation of
women, minorities and the disabled is deficient, (5) goals and timetables that are specific
and measurable and that are set to correct deficiencies and to reach a balanced workforce,
(6) revision of employment practices to ensure that they do not have discriminatory
effects, and (7) establishment of internal monitoring and reporting systems to measure
progress regularly.
C. In addition, for Agreements often thousand ($10,000) or more, regardless of work force
size, 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 ofthe Rehabilitation Act of 1973 exists which meets the
ADA requirements. Contractees are to contact the Department's Affirmative Action/Civil
Rights Compliance Office, Department of Health and Family services, 1 W. Wilson
Street, Room 672, P.O. 7850, Madison, Wisconsin 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 work force of less than ten
employees, regardless of Agreement amount, and Contractees with Agreements less than
$10,000 are not required to submit a Civil Rights Compliance Action Plan, but must, at a
minimum, submit Civil Rights Compliance Assurances. For Agreements of$lO,OOO or
more, Contractee shall submit a written Civil Rights Compliance (CRC) Action Plan,
which may cover a two-year period.
B. The Contractee assures that it has submitted to the Contractor's Affrrmative Action/Civil
Rights Compliance Office a current copy of its two-year Civil Rights Compliance Action
Plan for Meeting Equal Opportunity Requirements under Title VI and VII ofthe Civil
Rights Act of 1964, Sections 503 and 504 of the Rehabilitation Act of 1973, Title VI and
XVI ofthe 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
Americans with Disabilities Act (ADA) of 1990, and theWisconsin Fair Employment
Act. If a Plan was reviewed and approved during the previous year, a plan update must be
submitted for this Agreement period.
1) No otherwise qualified person shall be excluded from participation in, be denied
the benefits of, or otherwise be subject 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
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expected to support goals and programmatic activities relating to
nondiscrimination in service delivery.
2) No otherwise qualified person shall be excluded from employment, be denied the
benefits of employment or otherwise be subject to discrimination in employment
in any manner or term of employment on the basis of age, race, religion, sexual
orientation, color, sex, national origin or ancestry, handicap (as defmed in
Section 504 and the Americans with Disabilities Act), arrest or conviction
record, marital status, political affiliation, or military participation. All
employees 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 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
Contractor standards and made available in languages and formats
understandable to applicants, clients and employees. The Contractor will
continue to provide appropriate translated program brochures and forms for
distribution.
4) The Contractee agrees to comply with the Contractor's guidelines in the Civil
Rights Compliance Standards and a Resource Manual for Equal Opportunity in
Service Delivery and Employment for the Wisconsin Department of Health and
Family Services, its Service Providers and their Subcontractors (October 1997
Edition).
5) Requirements herein stated apply to any subcontracts or contracts. The
Contractee has primary responsibility to take constructive steps, as per the CRC
Standards and Resource Manual, to ensure the compliance of its subcontractors.
However, where the Contractor has a direct contract with another Contractee, the
Contractee need not obtain a Subcontractor or Subcontractee Civil Rights
Compliance Action Plan or monitor that Subcontractee.
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 Contractees according to guidelines in the
CRC Standards and Resource Manual. The Contractee agrees to comply with
Civil Rights monitoring reviews, including the examination of records and
relevant files maintained by the Contractee, as well as interviews with staff,
clients, applicants for services, subcontractors, Contractees, 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.
C. The Contractee agrees that it will: (1) hire staffwith special translation or sign language
skills and/or provide staffwith special translation or sign language skills training, or fmd
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 in the processing of complaint 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
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outstations, authorized representatives, adjusted work hours, ramps, doorways, elevators,
or ground floor rooms, and Braille, large print or taped information for the visually or
cognitively impaired; (5) post and/or make available informational materials in languages
and formats appropriate to the needs of the client population.
VII. SUBCONTRACTS
1. The Contractee may subcontract all or part of this Agreement as agreed to during the contract
negotiation session(s). The Contractor reserves the right of approval of the subcontractor. A
change in a subcontractor or a change from direct service provision to a subcontract may only be
executed with the prior written approval ofthe Contractor. In addition, the 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 fulfillment of all terms and conditions of this Agreement
when it enters into sub-contractual Agreements and will be subject to enforcement of the terms and
conditions ofthis contract 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 from the Contractee.
VIII. 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 ofthe 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 Stats. This
disclosure is required to be made to the State of Wisconsin Ethics Board, 44 East Washington
Avenue, Suite 601, Madison, Wisconsin 53703-2800, [Telephone (608) 266-8123].
5. If Contractee or any 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 from 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 Agreement shall be used to
supplement'expand the Contractee's efforts, not to replace or allow for the release of available
local (Contractee) funds for alternative uses.
IX. ACCOUNTING REQUIREMENTS
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1. For Agreements of twenty-five thousand 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 _Allowable
Cost Policy Manual, available upon request from Contract Administrator or from the Office of
Program Review and Audit, Department of Health and Family Services, 1 West Wilson Street,
P.O. Box 7850, Madison, Wisconsin 53707-7850.)
2. For Agreements ofless 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 Allowable
Cost Policy Manual.
3. The Contractee's accounting system shall allow for accounting for individual contracts, permit
timely preparation of expenditure reports (required by the Grantor as defmed in Section IV), and
support expenditure reports submitted to the Contractor.
4. The Contractee shall reconcile costs r~ported to the Contractor for reimbursement or as 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'records' retention requirement specified in
Section XIV
X. CHANGES IN ACCOUNTING PERIOD
1. The Contractee's accountil1g records are maintained on ~ fiscal year basis, beginning on the date
indicated on the CARS Payment Information form attached to this contract. During the contract
period, the accounting period may only be changed with prior written approval from 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
close-out audit, as defined in section (XII, 8), within 90 days after the fIrst day of the new
accounting period.
2. Proof of Internal 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 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 ofthe 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.
XI. 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 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 contract 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
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out of, or developed in the course of work aided by this Contract Agreement, shall be promptly and
fully reported to the Contractor.
XII. AUDIT REOUIREMENTS
1. Requirement to Have an Audit: Unless waived by the Contractor, the Contractee shall submit an
annual audit to the Contractor ifthe total amount of annual funding provided by the Contractor
(from 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 generally accepted auditing
standards, s.46.036, Wis. Stats., Government Auditing Standards, and other provisions in this
contract. In addition, the Contractee is responsible for ensuring that the audit complies with other
standards that may be applicable depending on the type of Contractee and the nature and amount
of financial 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 $300,000 from all federal
funding sources (this contract and other contracts, direct or indirect, from this Contractor or
another), during a Contradee's fiscal year.
. State Single Audit Guidelines (SSAG), which are applicable to local governments having A-
133 audits; arid/or
. Provider Agency Audit Guide (P AAG). All Contractees who 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. Summary schedule of prior year findings and the status of addressing these findings.
C. 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.
D. Management responses/corrective action plan for each audit issue identified in the audit.
E. Ifprogram 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: (1) within 9 months of the end of the Contractee's fiscal year ifthe
Contractee is a local government; or (2) 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 atthe following address:
Office of Program Review and Audit
Department of Health and Family Services
P.O. Box 7850
Madison, WI 53707-7850
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Telephone: (608) 266-2924
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 Departm~nt. 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 fInancial
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 timeframes, in addition to applying one or more of the sanctions available in
Section XVI of this contract, the Contractor may:
A. Conduct an audit or arrange for an independent audit of the Contractee and 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 time frame; and/or
C. Disallow the cost of audits that do not meet these standards.
8. Close-out Audits:
A. A contract specifIc audit of an accounting period ofless than twelve (12) months is
required when a Contract Agreement is terminated for cause, when the Contractee ceases
operations or when the Contractee changes its accounting period (fIscal year). The
purpose ofthe audit is to closeout the short accounting period. The required closeout
contract specifIc audit may be waived by the Contractor upon written request from the
Contractee, except when the Contract Agreement is terminated for cause. The required
closeout audit may not be waived when a Contract Agreement is terminated for cause.
B. The Contractee shall ensure that its auditor contacts the Contractor prior to beginning the
audit. The Contractor, orits 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-13 3 and determining
major Federal fmancial assistance programs. This information shall be disclosed in a not'e
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.
XIII. 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,
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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
goveniment 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.
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 for the course of this Contract 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 financial assistance (e.g., General
Services Administration's List of Parties Excluded from 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.
XIV. 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/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
Federal law, 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 Agreement.
3. The Contractee agrees to retain and make available to the Contractor all program and fiscal records
in accordance with the retention period specified in section 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.
4. The Contractee and 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 Agreement.
XV. AGREEMENT REVISIONS AND/OR TERMINATION
1. The Contractee agrees to renegotiate with the Contractor this 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 orregulat:ions, or court action; or,
. Increase or reduction in the monies available affecting the substance of this Agreement.
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Failure to agree to a renegotiated Agreement under these circumstances is cause for the Contractor
to terminate this Agreement.
2. This Agreement can be terminated for any reason by a 30-day written notice by either party.
3. Revision of this 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.
4. TheContractee 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 Agreement.
5. If the Contractor finds it necessary to terminate this 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 ofthe 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.
XVI. NON-COMPLIANCE, SANCTIONS AND REMEDIAL MEASURES
1. . If the 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 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 from
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 Agreement may be considered cause for revision, suspension or
termination of this Contract Agreement. Suspension includes withholding part or all ofthe 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 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, about the non-compliance. Non-Compliance can also be
determined by the DPH 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
accepted by the Contractor. If at the end of the implementation period, the Contractee is found to still
be out of compliance, at its sole discretion, the Contractor may 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, documentation as to its
10
attainment or failure to attain the objectives agreed to in this contract. If any objective is not attained,
the Contractor will determine, at its sole discretion, the proportion of non-attainment and will recoup
from the Contractee an amount as defined 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 Contract Agreement.
5. If the Contractor determines that non-compliance with other requirements (not stated in Exhibit I or
Exhibit II) in this 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 defmed 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 ail payments that otherwise would be paid the
Contractee under this Agreement until such time as the reports and information are submitted. In
addition the Contractor can hold implementation of continuations of this contract pending submittal of
this documentation. .
XVII. DISPUTE RESOLUTION
If any dispute arises between the Contractor and Contractee under this Agreement, including the
Contractor's finding 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 ofthe 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 Heath and Family Services.
XVIII. FINAL REPORT DATE
1. The due date of the final fiscal report shall be ninety (90) days after the Contract Agreement ending
date.
2., Expenses incurred during the Contract Agreement period but reported later than ninety (90) days after
the contract ending date will not be recognized, allowed or reimbursed under the terms of this Contract
Agreement.
XIX. INDEMNITY
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.
XX. SURETY BOND
The Contractor may require the Contractee to have a surety bond. The surety bond shall be in force for the
period ofthe contract Agreement and shall be a reasonable amount to be determined by the Contractor.
11
XXI. CONDITIONS OF THE PARTIES' OBLIGATIONS
1. This 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 understilnd and agree that no clause, term or condition of this
Agreement shall be construed to supersede the lawful powers or duties of either party.
3. It isunderstood and agreed that the entire 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.
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 for 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 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 program that exceeded its objective(s) and within the subsequent contract or calendar year and can
not be used outside of that program or diverted outside of the set of programs defined 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 t:he Contractor in a fund designated for use within the program area defmed by this Contract
Agreement. These funds may be used to award other Contractees who have exceeded their objectives,
general funding ofthe program area to all grantees.via fonnula in the next contract period, general
funding of the program for all grantees during the current contract period, or returned to the funding
agency. These funds cannot be used by the Contractor for their own operational costs.
XXII 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 will be re-negotiated each
year by the Contractor and Contractee as well as documentation of deliverables and risk conditions. '
1')
.-
. ,
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 exceeds
sixty (60) days inclusive of the two signature dates.
/ /- / p ~....?.o&~
Date
{J../k. .
Contractor's Au orize R9 r sentative
Sheri Johnson, PH.D., Ad . istrator and State Health Officer
Division of Public Health, Department of Health & Family Services
/;plt /66
{ .
Date
CARS PAYMENT INFORMATION
The information below is used by the Department's Bureau of Fiscal Services, CARS Unit to facilitate the processing
and recording of payments made under this Contract Agreement.
Agency Name
Agency Number
Agency Type
Contract Period
Contract Amount
Agency Fiscal Year
Oshkosh Health Department
472894
41
September 1, 2006 through August 31,2007
$80,000
January through December
Profile ID# 155170
Amount $80,000
Program Name: Hospital Preparedness Program
DPH Contract #14880
CFDA# 93.283
13
,
EXHIBIT I
DIVISION OF PUBLIC HEALTH
CONTRACT AGREEMENT
PROGRAM QUALITY CRITERIA
14
. I ~.
EXHIBIT II
DIVISION OF PUBLIC HEALTH
CONTRACT AGREEMENT
CONTRACT OBJECTIVE ADDENDUM
1,-
.)
'" ,'\ '!il I
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 terms of this contract.
This Exhibit contains only applicable quality criteria for this contract.
10131/2006 12:38PM
DPH Grants and Conlracts
oil . "l t.
Contract #: 14880
Contract Agreement Addendum: Exhibit I
Agency: Oshkosh Health Department
Contract Year: 2007
No Applicable Quality Criteria
10/3l!2006 12:38 PM
DPH Grants and Contracts
~ ."!' .J:f' ~
Contract Agreement Addendum: Exhibit II
Program Objectives
(A) Contract Funds, Program/Objective Values, and Other Contract Details
(B) Objective Details
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DPH Grants and Contracts
..1... . -'t )fIIt--.
Contract#: 14880
Contract Agreement Addendum: Exhibit II(A)
Agency: Oshkosh Health Department
Contract Year: 2007
Contract Source of Funds
Source
Program
Amount
Oshkosh
Bioterrorism, Hospital Preparedness
I Contract Amount T
$80,000
$80,000
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
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DPH Grants and Contracts
,oS .. ,.,.vr. .
Contract #: 14880
Contract Agreement Addendum: Exhibit II(A)
Agency: Oshkosh Health Department
Contract Year:: 2007
Bioterror HRSA Hospital Prepare
Program Total Value $80,000
By August 31, 2007, every hospital in HRSA Region Six will be better able to manage a mass casualty incident
through their participation in the Tiered-Response System Project and completion of the Minimum Level of
Readiness Indicators Compliance Plan.
$80,000
Total of Contract Objective Values
$80,000
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DPH Grants and Contracts
.., ,,'" ..;.
Contract Agreement Addendum: Exhibit II(B)
Contract #: 14880 Agency: Oshkosh Health Department
Program:' Bioterrorism HRSA Hospital Preparedness Objective #:. 1 of 1
Contract Year: 2007
Objective Value: $80,000
Objective: Primary Details
Objective Statement
By August 31, 2007, every hospital in HRSA Region Six will be better able to manage a mass casualty incident through their
participation in the Tiered-Response System Project and completion ofthe Minimum Level of Readiness Indicators Compliancl~
Plan.
Deliverable Due Date: 09/30/2007
Contract Deliverable (Evidence)
A final report which includes: l)a flow chart for a trauma and a biological Tiered-Response and 2)a Minimum Level of Readin(~ss
Indicators Compliance Plan for each hospital.
Programs Providing Funds for this Objective
Bioterrorism HRSA Hospital Preparedness: $80,000
Agency Funds for this Objective:
Data Source for Measurement
City of Oshkosh Health Department records.
Baseline for Measurement
Records, minutes and other pertinent documents of HRSA Region Six Board.
Context
The HRSA Region Six Board, in collaboration with HRSA Leadership and other Regional Boards, shall complete the operational
procedures for the activation of the tiered response system for a traumatic incident and for a biological incident so that these
principles can be applied to the HRSA required scenarios: a)pandemic influenza, 2an explosive incident, 3)a tornado, 4)a multi-
vehicle crash. HRSA Leadership is responsible for drafting the flow charts; the Regional Boards are responsible for reviewing these
flow charts and providing feedback about these flow charts so that they are applicable state-wide, while taking into consideration
any regional variances. The two flow charts finally approved by HRSA Leadership shall be considered the "deliverable".
Input Activities
The HRSA Region Six Board through the HRSA Project Coordinator is responsible for identifying all Minimum Level of Readiness
Indicators that each hospital in the region has scored as a "2"; the hospital shall identify what it needs in order to be in compliance
with this Indicator; the HRSA Project Coordinator shall then identify the resources that the HRSA Hospital Disaster Preparedness
Program and/or the Regional HRSA Board can make available to the hospital to assist it in achieving compliance with the
Indicators. The HRSA Project Coordinator shall use the template provided for this project and the completion of this spreadshe:et
shall be considered the "deliverable".
Objective: Risk Profile
100% I
o~
$80,000 $72,000 $64,000 $56,000 ~~
Definition of Percent Accomplished
0% Accomplishment
None ofthe hospitals in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and there an: no
Tiered-Response Flow Charts for trauma and biological incidents.
10% Accomplislunent
10% of the hospit:als in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and there is only
one Tiered-Response Flow Chart.
20% Accomplislunent
20% ofthe hospitals in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and and there: is
only one Tiered-Response Flow Chart.
30% Accomplislunent
10/31/2006 12:38 PM
DPH Grants and Contracts
~ ~ ~ ~"'.
Contract Agreement Addendum: Exhibit II(B)
Contract #: 14880 Agency: Oshkosh Health Department
Program: Bioterrorism HRSA Hospital Preparedness Objective #: 1 of 1
Contract Yealr: 2007
Objective Value: $80,000
30% of the hospitals in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and there is only
one Tiered-Response Flow Chart.
40% Accomplishment
40% ofthe hospitals in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and there is only
one Tiered-Response Flow Chart.
50% Accomplishment
50% of the hospitals in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and there is only
one Tiered-Response Flow Chart.
60% Accomplishment
60% of the hospitals in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and there are
Tiered-Response Flow Charts for trauma and biological incidents.
70% Accomplishment
70% ofthe hospitals in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and there are
Tiered-Response Flow Charts for trauma and biological incidents.
80% Accomplishment
, 80% of the hospitals in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and there are
Tiered-Response Flow Charts for trauma and biological incidents.
90% Accomplishment
90% of the hospitals in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and there are
Tiered-Response Flow Charts for trauma and biological incidents.
100% Accomplishment
100% of the hospitals in HRSA Region Six have a Minimum Level of Readiness Indicators Compliance Plan and there are
Tiered-Response Flow Charts for trauma and biological incidents.
Conditions of Eligibility for an Incentive
I
=::J
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DPH Grants and Contracts