HomeMy WebLinkAboutDPH Hospital Emergency Preparedness contract 2007-2008
Jim Doyle
Governor'
DIVISION OF PUBLIC HEALTH
1 WEST WILSON STREET
POBOX 2659
MADISON WI 5:l701-2659
October 12, 2007
State of Wisconsin 608-266-1251
FAX: 608-267-2832
nY: 888-701-1253
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Kevin R. Hayden
Secreta ry
Subject;
Oshkosh Health Department, Paul Spiegel, Health Officer
Billee Bayou, DPR Administrator's Office, Preparedness Unit ~
2007 -2008 WI Hospital Emergency Preparedness Program Contract # 16020
To:
From:
Enclosed is your agency's fully executed contract for year 2007-2008 Division of Public Health
(DPH), WI Hospital Emergency Preparedness Program Contract Agreement #16020.
Wisconsin.gov
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DIVISION OF PUBLIC HEALTH
Wisconsin Hospital Emergency Preparedness Program Contract Agreement
DPH CONTRACT #16020
Contract Preamble
This Contract Agreement is entered into for the period September 1, 2007 through July 31, 2008, by and between
the State of Wisconsin represented by its Division of Public Health of the 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, Oshkosh WI 54902-1130, hereinafter referred to as Contractee.
The Contractee address above is theadgress towhich payments shall be mailed. If any legal notices required tobe
sent to the Contractee in the execution of this Contract Agreement should be sent to an address different from the
Contractee address noted 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 Contracteeagrees 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 th<;~
documentation associated with that attainment is part of this Contract Agreement as listed in Exhibits I and n,
which are attached to this Agreement. The Contracteealso agrees to provide to the Contractor documentation
(as agreed to in neg~tiations 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 n.
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 Administrabr 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.
The Contractee's Contract Administrator is Paul Spiegel, whose principal business address is 215 Church
Street, Oshkosh WI 54902-1130. The telephone number of the Contractee's Contract Administrator is(920)
236-5031.. In the event its Contract Adlllinistrator, is 1JIlllble to administer this Contract AgEement, 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 Contract
Agreement, an amount not to exceed $94,000. 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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IV. PAYMENT PROCESS
1. Payments will be made on a monthly basis. The Contractre will receive one-eleventh (1/11) 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 cfthe
month for municipalities, or the last business day of each month for nonmunicipalities, 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 progrn.m reporting requirements of the Contractor as specified
during the negotiation process and as stated in Exhibits I and II of this Contract Agreement. 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 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
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: (I) a policy statement pledging
nondiscrimination and affirmative action emplcyment, (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 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 Contractre who receives a contract from 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 Affmnative Action Requirements (DOA-302IP (R06/96) s. 16765, Wis.
Stats.), page 2. Universities, other states, and local governments, except those of the Stalte
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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 more, 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 Actof 1973 exists which meets the ADA
requirements. Contractees are to contact the 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 twentyfive
(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 thre~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 /Civil
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 Chil
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, he
American withDisabilities 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 ofrace, 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 .
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 defined 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 md 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 rogrammatic 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 int() the major primary languages of
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the limited English Proficient (LEP) participants in their serv:ee 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, friends
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-l4045 (R.
11/2003), to ensure the compliance of its subcontractors. Howe\er, 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.
The Contractee agrees to cooperate with the Contractor in developing,
implementing and monitoring corrective action plans that result from comphint
investigations or monitoring efforts.
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 oftime 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 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 cognitively impaired;(5)
post and/or make available informational materials in languages and formats appropriate to
the needs of the client population.
VII. SUBCONTRACTS
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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 orly 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 fulfillment of all te.ms 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 compiy wth 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 so-vices 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 Hereof, 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 stcte
public official's immediate family, or an organization in which the official or immediate family
member owns or controls at least 10% ofthe outstanding equity, voting rights, or outstanding
indebtedness and failed to make the written disclosure requinrl under sec. 19.45 Wis, Stats. This
disclosure is required to be made to the State of Wisconsin Ethics Board, 44 East Washington
A venue, Suite 601, Madison WI 53703-2800, [Telephone (608) 266-8123].
5. If the 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 Contract Agreement shall be used to
supplement or expand the Contradee'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 beenreleased
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.
IX. ACCOUNTING REQUIREMENTS.
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1. For Contract Agreements of twenty-five thousand dollars ($25,000) or more, the Contractee shall
maintain a uniform double entry, full accrual accounting system and a financial management
information system in accordance with Generally Accepted Accounting Principles. (See DHFS'
Accounting Principles and Allowable Cost Policy Manual, available upon request from the Contract
Administrator or from the Audit Staff, Bureau of Intergovernmental Relations and Contract
Management, Division of Enterprise Services, Department of Health and Family Services, 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 cos~
based reporting requirements for all programs in this Contract Agreemen~ the Contractee shall'
maintain sufficient information within their accountirg records to provide cost-based information by
program. The Contractee shall provide this information to the Contractor electronically, via the
Web-based Grants and Contracts (GAC) application, 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 Contractee shall
provide the information within ninety (90) days after the endofthe contract period. The Contractor
will make the request in writing at least 30 days prior to the specified 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 of the 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 ba;is. 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 informationas needed for its
internal management purposes.
9. Expenditures of funds from this Contract Agreement must meet the Department's allowable cost
defmitions as defmed in the Department'sAccounting Principles and Allowable Cost Policy
Manual.
X. 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 wih 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 closeout audit,
as defined in section (XII, 8), within 90 days after the first day of the new accounting period.
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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 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.
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 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 Ageement; 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.
XII. 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 finding 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 audithg 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
ensuring that the audit complies with o1her 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 $500,000 from all federal
funding sources (this grant and other grants, direct or indirect, from 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 (PAAG). 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:
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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 commmts 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 fiscalyear 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:
Attn: Audit Staff
Bureau of Intergovernmental Relations and Contract Management
Division of Enterprise Services
Wisconsin Department of Health and Family Services
P.O. 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 theright 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 [mancial 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 tre 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 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
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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-13 3 and determining major
Federal fmancial assistance programs. This informaion 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.
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 Compensatim,
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 interes~ 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 reimlllfse 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 othcr related information. Ifthe 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 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 financiaJ 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 elcctronic 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.
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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 confmn the Cotitractee's compliance with the specifications of this Contract 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 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.
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 Contract Agreement.
XV. 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 atta::h an addendum or amendment to this
Agreement, which is signed by the authorized representatives of both parties, except in
circumstances in which increased caseload or grant award amount, where such increase in funds is
for the same purpose as originally agreed upon, the Agreement may be amended by a unilateral
amendment made by the Contractor.
4. The Contractee shall notify the CO!ltractor whenever it is unable to provide the required quality or
quantity of services required. Upon such notification,.the Cortractor shall determine whether such
inability will require revision or termination of this Contract Agreement.
5. If the Contractor finds 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.
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
defmed in paragraph 3 below.
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· Has not attained the negotiated objective(s) as listed in Exhibit II, the Contractee shall refund the
amount designated inExhibit II under RiskProjile. 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 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 Contract Agreement maybe considered cause for revision,
suspension or termination of this Agreemert. 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 otkr
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) fO' 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 Cortractee'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 from the Contractee an amount as defined by the Risk Profile identified in
Exhibit n. Any degree of non-attainment, as judged by the sole discretion of the Contractor, shall be used
by the Contractor in determining de conditions of any continuation ofthis Agreement.
5. If the Contractor determinesthatnon-compliance with other requirements (not stated in Exhibit I or
Exhibit II) 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 defned 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 :xll 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.
Performance LHD wlo CARS Report 12/05
II
XVII. 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 Adrnnistrators, the Contractee may ask for review
by the Administrator of the Division of Public Health.
3. If the dispute is still not resolved, the Contracteemay request a final review by the Secretary of the
Department of Health and Family Services.
XVIII. 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.
XIX. 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.
xx. 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 affe'cting relevant funding or authority of the
Contractor shall serve to revise or terminate this Agreement, except as further agreed to by tre
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.
XXI. 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 distrbution 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 ageement 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 defined by this Contract A.greement or used for supplanting purposes. The Contractee
shall report, in a manner specified by the Contractor, on how'the Contractee expended these
incentive funds.
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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 unsp'el!t funds from this Contract Agreemen
not expended during the contract year, except for unearned pt~payments (advances). However, those
funds mUst be expended in the cUl-rent contract year or the coritraciyear immediately following and
their use must fall within the program boundaries establi;b.~g l,md~r tJ1is Agreement. These retained
funds cannot be diverted outsideofthe scope of this Agreement,j;~e'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 ofthe Local Public Health Department; these funds
may not lapse to the general fund. The Contractee shall report how these funds were utilized, as
specified in Section IX.
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 by program will be re-
negotiated each year by the Contractor and Contractee, as well as documentaion deliverables and risk
conditions.
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i..t: ".:,;~~,:';;.,~;;(;';;:!j"r';i,:....., .\.0,';. :~..~,~
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 RepresentatNe on this Agreement (or
addendum) exceeds sixty (60) days inclusive of the two signature dates.
~H ~&>07
Date
R. Uhrig, City Clerk
t!...IJ
Contractor's Authorized Re esentative
Sheri Johnson, Ph.D., A ministrator and State Health Officer
Division of Public Health, Department of Health and Family Services
/0/1<>/07
Date
CARS PAYMENT INFORMA nON
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 Oshkosh Health Department
Agency Number 472894
Agency Type 860
Contract Period September I, 2007 through July 31, 2008
Contract Amount $94,000.00
Agency Fiscal Year January through December
Profile ID#
155170 Bioterrorism Hospital Preparedness Amount $94,000.00
DPH Contract # 16020
CFDA #s:
Bioterrorism
93.283
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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 terms of this ~ontract.
This Exhibit contains only applicable quality criteria for this cOntract.
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DPH Grants and Contracts
Contract #: 16020
Contract Agreement Addendum: Exhibit I
Agency: Oshkosh Health Department
Contract Year: 2008
No Applicable Quality Criteria
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DPH Grants and Contracts
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
Contract #: 16020
Contract Agreement Addendum: Exhibit II(A)
Agency: Oshkosh Health Department
Contract Year: 2008
Contract Source of Funds
Source
Program
Amount
I Contract Amount I
$94,000
Oshkosh
Bioterrorism, Hospital Preparedness
$94,000
Contract Match Requirements
Program
Amount
ASPR Hospital Prepare
$0
Program Sub-Contracts
Snb-Coot"" Am...,1
$0
Program Sub-Contractee
ASPR Hospital Prepare None Reported
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DPH Grants and Contracts
1'- I
i
,
Contract #: 16020
Contract Agreement AddendQm: ,E,xhib.itII(A)
Agency: Oshkosh Health Department
Contract Year: 2008
ASPR Hospital Prepare
Program Total Value $94,000
By July 31, 2008, every hospital, community health center and tribal health clinic in Region 6 will be better able
to manage a mass casualty incident through their participation in the, Wisconsin Hospital Emergency Preparedness
Program (WHEPP) and their implementation of the funded and1.]nfuncied projects that are availabk to eligible
entities.
09/28/2007 08:51 AM
Total of Contract Objective Values
$94,000
$94,000
DPH Grants and Contracts
Contract Agreement Addendum: Exhibit II(B)
Contract #: 16020
Program: Bioterrorism ASPR Hospital Prepare
Agency: Oshkosh Health Department
Objective #: I of I
Contract Year: 2008
Objective Value: $94,000
Objective: Primary Details
Objective Statement
By July 31, 2008, every hospital, community health center and tribal health clinic in Region 6 will be better able to manage a mass
casualty incident through their participation in the Wisconsin Hospital Emergency Preparedness Program (WHEPP) and their
implementation ofthe funded and unfunded projects that are available to eligible entities.
Deliverable Due Date: 07/3112008
Contract Deliverable (Evidence)
1) evidence that all hospitals, community health centers and tribal health clinics are invited to the Regional Board meetings 2) all
hospitals, community health centers and tribal health clinics reply either with a request or a declination to all "Requests for
Funding" 3) al) hospitals, community health centers and tribal health clinics reply to all requests for infonnation by providing the
requested infonnation or through a declination and/or a statement of inapplicability 4) letters of completion for all individual
projects undertaken by hospitals, community health centers and tribal health clinics.
Programs Providing Funds for this Objective
Bioterrorism ASPR Hospital Prepare: $94,000
Agency Funds for this Objective:
Data Source for Measurement
Records, minutes and other pertinent documents of Region 6 ASPR Board.
Baseline for Measurement
There is no previous Baseline for Measurement.
Context
The Region 6 Board, in collaboration with WHEPP Leadership and other Regional Boards, serve as the vehicle to bring the
Wisconsin Hospital Emergency Preparedness Program to all hospitals, community health centers and tribal health clinics reply to
the regional level. The Regional Board meetings serve as the major means for communication with these entities about projects that
will be implemented in FY 2007. Regional Board meetings provide an opportunity for these entities to give feedback to Regional
Leadership and thus to WHEPP Leadership on how WHEPP Leadership can best design projects, their accompanying budgets and
time-lines to meet the needs of these entities.
Input Activities
The Region 6 Board through the Project Coordinator is responsible for communicating with all hospitals, community health centers
and tribal health clinics, as applicable, regarding funding and infonnation requests. It is required that all entities respond to these
requests either indicating their desire to participate in the project or through a declination that states that they do not meet the
eligibility criteria for the project or the project lS not applicable or there is no desire on the part ofthe entity to participate in this
particular project. This is the means by which the Regional Board and the WHEPP can be ensured that 100% of all eligible ~:ntities
have had the opportunity to participate in funded and unfunded projects.
Objective: Risk Profile
100% I
~
~
Definition of Percent Accomplished
0% Accomplishment
None ofthe hospitals, commllnity health centers and tribal health clinics replies either with a request or a declination to all
requests for funding or for infonnation.
10% Accomplishment
10% of the hospitals, community health centers and tribal health clinics reply either with a request or a declination to all
requests for funding or for infonnation.
20% Accomplishment
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.
,
Contract Agreement Addendum: Exhibit II(B)
Contract #: 16020
Program: Bioterrorism ASPR Hospital Prepare
Agency: Oshkosh Health Department
Objective #: 1 of 1
Contr~ct Year: 2008
Objective Value: $94,000
20% of the hospitals, community health centers and tribal health clinics reply either with a request or a declination to all
requests for funding or for information. '
30% Accomplishment
30% ofthe hospitals, community health centers and tribal health clinics reply either with a request or a declination to all
requests for funding or for information.
40% Accomplishment
40% of the hospitals, community health centers and tribal health clinics reply either with a request or a declination to all
requests for funding or for information.
50% Accomplishment
50% of the hospitals, community health centers and tribal health clinics reply either with a request or a declination to all
requests for funding or for information. .
60% Accomplishment
60% of the hospitals, community health centers and tribal health clinics reply either with a request or a declination to all
requests for funding or for information.
70% Accomplishment
70% of the hospitals, community health centers and tribal health clinics reply either with a request or a declination to all
requests for funding or for information.
80% Accomplishment
80% of the hospitals, community health centers and tribal health clinics reply either with a request or a declination to all
requests for funding or for information.
90% Accomplishment
90% of the hospitals, community health centers and tribal health clinics reply either with a request or a declination to all
requests for funding or for information.
100% Accomplishment
100% of the hospitals, community health centers and tribal health clinics reply either with a request or a declination to aU
re uests for fundin or for information.
Conditions of Eligibility for an Incentive
I
3
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DPH Grants and Contracts