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HomeMy WebLinkAboutpublic health contract 16020DIVISION OF PUBLIC HEALTH Contract # 16020 Contract Agreement Amendment for Public Health Preparedness Program Agency Number: 472894 Agency Type: 860 The Agreement entered into for the period September 1, 2007 to July 31, 2008, between the Division of Public Health, Department of Health and Family Services and Oshkosh Health Department is hereby amended as follows: Contract Amount: Profile Name Profile # Current Contract Change ( - / +) to New Contract Profile Amount Contract Profile Amount Amount BioT- Hospital Prepare 155170 $94,000 ($20,000) $74,000 Contract Addendum: Attached are replacement pages Addendum Exhibit II(A) and new pages to insert for Exhibit II(B) to reflect current contract provisions. Timely Contract &nin: This agreement amendment becomes null and void if the time between the earlier dated signature and the later dated signature on this contract agreement amendment exceeds sixty (60) days inclusive of the two signature dates. All other terms on the contract shall remain in force as previously executed. IN WITNESS THEREOF, the parties hereto execute this amendment: 's Authorize Re e ti e Date Ltzpatrick in Ci r Ar\, n ._ I Pamela R Ubrig, City Clerk Contractor's Authors Representativf Sheri Johnson, Ph.D Administrator and State Health Officer Division of Public Health Date I hereby certify that the necessary provisions have been made to pay the liability which will acc e under this Contract. (� City Comptroller DIVISION OF PUBLIC HEALTH Contract # 16020 Contract Agreement Amendment for Public Health Preparedness Program Agency Number: 472894 Agency Type: 860 The Agreement entered into for the period September 1, 2007 to July 31, 2008, between the Division of Public Health, Department of Health and Family Services and Oshkosh Health Department is hereby amended as follows: Contract Amount: Profile Name Profile # Current Contract Change ( - / +) to New Contract Profile Amount Contract Profile Amount. Amount BioT- Hospital Prepare 155170 $74,000 ($7,685) $66,315 Contract Addendum: Replacement pages for Addendum Exhibit II(A) and new pages to insert for Exhibit II(B) to reflect current contract provisions will be mailed with a fully executed contract amendment. Timely Contract Signing: This agreement amendment becomes null and void if the time between the earlier dated signature and the later dated signature on this contract agreement amendment exceeds sixty (60) days inclusive of the two signature dates. All other terms on the contract shall remain in force as previously executed. IN WITNESS THEREOF, the parties hereto execute this amendment: EMM MM Contractor's Authorized I Thomas Sieger Deputy Administrator Division of Public Health ,�APPROVEQ , City Clerk Date Date 1 ATT{IjEy M, WISOMIN r 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. 09/18/2008 08:03 AM DPH Grants and Contracts Contract Agreement Addendum: Exhibit I Contract #: 16020 Agency: Oshkosh Health Department Contract Year: 2008 No Applicable Quality Criteria 09/18/2008 08;03 AM DPH Grants and Contracts Contract Agreement Addendum: Exhibit II Program Objectives (A) Contract Funds, Program /Objective Values, and Other Contract Details (B) Objective Details 09/18/2008 08:03 AM DPH Grants and Contracts Contract Agreement Addendum: Exhibit II(A) Contract #: 16020 Agency: Oshkosh Health Department Contract Year: 2008 Contract Source of Funds Source Program Amount Oshkosh Bioterrorism, Hospital Preparedness $66,315 Contract Amount $66,315 Contract Match Requirements Program Amount ASPR Hospital Prepare $0 Program Sub - Contracts Program Sub - Contractee Sub- Contract Amount ASPR Hospital Prepare None Reported $0 09/18/2008 08:03 AM DPH Grants and Contracts Contract Agreement Addendum: Exhibit II(A) Contract #: 16020 Agency: Oshkosh Health Department Contract Year: 2008 ASPR Hospital Prepare Program Total Value $66,315 1 By July 31, 2008, every hospital, community health center and tribal health clinic in Region 6 will be better able $66,315 to manage a mass casualty incident through their participation in the Wisconsin Hospital Emergency Preparedness Program (WHEPP) and their implementation of the funded and unfunded projects that are available to eligible entities. Total of Contract Objective Values $66,315 09/18/2008 08:03 AM DPH Grants and Contracts Contract Agreement Addendum: Exhibit lI(B) Contract #: 16020 Agency: Oshkosh Health Department Program: Bioterrorism ASPR Hospital Prepare Objective #: 1 of 1 Objective: Primary Details Contract Year: 2008 Objective Value: $66,315 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 of the funded and unfunded projects that are available to eligible entities. Deliverable Due Date: 07/31/2008 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) all hospitals, community health centers and tribal health clinics reply to all requests for information by providing the requested information 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: $66,315 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 information 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 is not applicable or there is no desire on the part of the 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 entities have had the opportunity to participate in funded and unfunded projects. Objective: Risk Profile Percent of Objective Percentage Recoupment Corresponding Potential Recoupment Amounts Definition of Percent Accomplished 0% Accomplishment None of the hospitals, community health centers and tribal health clinics replies either with a request or a declination to all requests for funding or for information. 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 information. 20% Accomplishment 09/18/2008 08:03 AM DPH Grants and Contracts Contract Agreement Addendum: Exhibit II(B) Contract #: 16020 Agency: Oshkosh Health Department Program: Bioterrorism ASPR Hospital Prepare Objective #: 1 of 1 Contract Year: 2008 Objective Value: $66,315 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% 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. 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 all Conditions of Eligibility for an Incentive 09/18/2008 08:03 AM DPH Grants and Contracts DIVISION OF PUBLIC HEALTH CONTRACT AGREEMENT Wisconsin Hospital Emergency Preparedness Program DPH CONTRACT #16560 Contract Preamble This Contract Agreement is entered into for the period August 9, 2008 through August 8, 2009, by and between the State of Wisconsin represented by its Division of Public Health of the Department of Health 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 Avenue, PO Box 1130, Oshkosh, Wisconsin 54902, hereinafter referred to as Contractee. The Contractee address above is the address to which payments shall be mailed. If any legal notices required to be sent to the Contractee in the execution of this Contract Agreement should be sent to an address different 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 furnishingthe desired services; Now, therefore, the Contractor and the Contractee agree as follows: I. SERVICES TO BE PROVIDED The Contractee agrees to provide services consistent with the purposes and conditions of the objectives that it has agreed to attain within the contract period. A detailed description of the objectives to be attained and the documentation associated with that attainment is part of this Contract Agreement as listed in Exhibits I and II, which are attached to this Agreement. The Contractee also agrees to provide to the Contractor documentation (as agreed to in negotiations with the Contractor) of the attainment of those objectives no later than 30 days after the end of the contract period or as specified in Exhibit II. IL CONTRACT ADMINISTRATION The Contractor's Contract Administrator is Dennis Tomczyk of the Division of Public Health, whose principal business address is One West Wilson Street, PO Box 2659, Madison WI 53701 -2659. The telephone number of the Contractor's Contract Administrator is(608) 266- 3128. In the event its Contract Administrator is unable to administer this Contract Agreement, the Contractor will contact the Contractee and designate a new Contract Administrator. The Contractee's Contract Administrator is Paul Spiegel, whose principal business address is 215 Church Avenue, PO Box 1130, Oshkosh, Wisconsin 54902. The telephone number of the Contractee's Contract Administrator is (920) 236 -5031. In the event its Contract Administrator is unable to administer this Contract Agreement, the Contractee will contact the Contractor and designate a new Contract Administrator. III. PAYMENT LIMIT The Contractor agrees to pay the Contractee in accordance with the terms and conditions of this Contract Agreement, an amount not to exceed$9.1,600.00. This amount is contingent upon receipt of sufficient funds by the Contractor. The Contractor will not make payments for costs in excess of the Contract Agreement amounts or for costs incurred outside the contract period or for costs that are inconsistent with applicable State and Federal Revised 7/08 Performance — w /CARS Reporting allowable cost policies. The Contractor can make payments in excess of the Contract Agreement amounts based on performance -based incentive funds pursuant to Section XXII. IV. PAYMENT PROCESS 1. The Contractor, following execution of this Contract Agreement, shall pay to the Contracteeone- twelfth of the contract amount for each of the first three months of this Agreement. If any prepayments are made, these prepayments may be recovered from future payments (see paragraph 2 below) due the Contractee under this Agreement if the Contractor determines that such prepayments are in excess of the Contractee's reported expenses. 2. Payments will be made monthly based on expense reports submitted by the Contractee on the DMT -855 CARS Expenditure Report. Claims for reimbursement of allowable costs shall be submitted to the Contractor no later than the fifteenth (15th) day of the month following the month in which costs are incurred. The Contractee shall report, by Contractor assignedprofile number, all allowable costs plus any required matching funds stipulated in the reporting instructions for this grant which are incorporated by reference. See the Department'sAccounting Principles and Allowable Cost Policy Manual. 3. The Contractee shall submit the request for reimbursement (DMT -855) to the BFS /CARS Unit, Department of Health Services, Division of Management and Technology, PO Box 7850, Madison WI 53707 -7850, with one copy to the Contract Administrator. Payments and reported expense; 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 determined to be in excess within 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. If the Contractee has failed to maintain quality criteria or proposed progress towards achievement of contract objectives as determined by the Contractor, the Contractor can make reductions in the monthly payment pursuant to Section XVI. 6. All payments shall be released by the Department on the last business day before the fifth (5th) day of the 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 The Contractee shall comply with the program 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. Failure to submit the reports specified in the reporting instructions may result in the Contractor rendering sanctions pursuant to Section XVI of this Contract Agreement. VI. STATE AND FEDERAL RULES AND REGULATIONS The Contractee agrees to meet State and Federal laws, rules and regulations, and program policies applicable to this Contract Agreement. Revised 7/08 Performance — WCARS_ Reporting 2 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. Affirmative Action Plan/Civil Rights Compliance Affirmative Action Plans A. An Affirmative Action Plan is a writen document that details an affirmative action program. Key parts of an affirmative action plan are: (1) a policy statement pledging nondiscrimination and affirmative action employment, (2) internal and external dissemination of the policy, (3) assignment of a key employee as the equal opportunity officer, (4) a workforce analysis that identifies job classifications where there is an under representation of women, minorities, and persons with disabilities, (5) goals must be directed to achieving a balanced workforce, specific and measurable, having an implementation target date between six months and two years, and having a plan of action or description of procedures to implement the goals, (6) revision of employment practices to ensure that they do not have discriminatory effects, and (7) establishment of internal monitoring and reporting systems to regularly measure progress. B. An Affirmative Action Plan is required from a Contractee who receives a contract from the Contractor in the amount of $25,000 or more and who has a workforce of twentyfive (25) or more employees as of the award date, unless the Contractee is exempt by criteria listed in the Wisconsin Office of Contract Compliance, Department of Administration's Instruction for Vendors Affirmative Action Requirements (DOA -3021P (R06/96) s. 16765, Wis. Stats.), page 2. Universities, other states, and local governments, except those of the State of Wisconsin who receive state or federal contracts over $25,000, must submit Affirmative Action Plans in the same manner as other Contractees. C. In addition, for agreements of twenty five thousand ($25,000) or 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 Act of 1973 exists which meets the ADA requirements. Contractees are to contact the Affirmative Action /Civil Rights Compliance Office, Department of Health 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 ActionPlan; however, they must submit a Civil Rights Compliance Letter of Assurance. Contractees with an annual workforce of twenty five (25) employees or more and contract agreements of $25,000 or more shall submit a written Civil Rights Compliance Plan which covers a three-year period within fifteen (15) working days of the award date of the agreement or contract. B. The Contractee assures that it has submitted to the Contractor's Affirmative Action /CiNil Rights Compliance Office a current copy of its three-year Civil Rights Compliance Action Plan for meeting Equal Opportunity Requirements under Title VI and VII of the Civil Rights Act of 1964, Section 503 and 504 of the Rehabilitation Act of 1973, Title VI and XVI of the Public Health Service Act, the Age Discrimination in Employment Act of 1967, the Age Discrimination Act of 1975, the Omnibus Reconciliation Act of 1981, the American with Disabilities Act (ADA) of 1990, and the Wisconsin Fair EmploymentAct. Revised 7/08 Performance — WCARS Reporting If the Plan was reviewed and approved during the previous year, a plan update must be submitted for this Contract Agreement period. 1) No otherwise qualified person shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any manner on the basis of race, color, national origin, sexual orientation, religion, sex, disability or age. This policy covers eligibility for and access to service delivery, and treatment in all programs and activities. All employees of the Contractee are expected to support goals and programmatic activities relating to nondiscrimination in service delivery. 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 and genetic testing, and use or non-use of lawful products outside of working hours. All employees of the Contractee are expected to support goals and programmatic activities relating to non-discrimination in employment. 3) The Contractee shall post the Equal Opportunity Policy, the name of the Equal Opportunity Coordinator and the Limited English Proficiency Coordinator, and the discrimination complaint process in conspicuous places available to applicants and clients of services, and applicants for employment and employees. The complaint process will be according to the Contractor's standards and the Contractee shall post the complaint process notice translated into the major primary languages of the limited English Proficient (LEP) participants in their service area. The notice will announce the availability of free oral interpretation of services if needed. The Contractee shall not request interpretation services from family members, 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 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 Services, Affirmative Action, Equal Opportunity, Limited English Profcency and Civil Rights Compliance Plan for Profit and Non-Profit Entities DWSD- 14045 (R. 11/2003), to ensure the compliance of its subcontractors. However, where the Contractor has a direct contract with another Contractee's subcontractor, the Contractee need not obtain a Subcontractor or Subgrantee Civil Rights Compliance Plan or monitor that subcontractor. 6) The Contractor will monitor the Civil Rights Compliance of the Contractee. The Contractor will conduct reviews to ensure that the Contractee is ensuing compliance by its subcontractors or grantees according to guidelines in the State of Wisconsin Department of Workforce Development and Department of Health 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 withstaff, clients, and Revised 7/08 Performance — w /CARS Reporting 4 applicants for services, subcontractors, providers, and referral agencies. The reviews will be conducted according to Department procedures. The Contractor will also conduct reviews to address immediate concerns of complainants. 7) The Contractee agrees to cooperate with the Contractor in developing, implementing and monitoring corrective action plans that result from complaint investigations or monitoring efforts. C. The Contractee agrees that it will: (1) hire staff with special translation or sign language skills and/or provide staff with special translation or sign language skills training, or find qualified persons who are available within a reasonable period of time and who can communicate with limited or non - English speaking or speech or hearing - impaired clients at no cost to the client; (2) provide aids, assistive devices and other reasonable accommodations to the client during the application process, in the receipt of services, and 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 hoirs, 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 Contract Agreement as agreed to during contract negotiation. The Contractor reserves the right of approval for any subcontracts and the Contractee shall report information relating to subcontracts to the Contractor. A change in a subcontractor or a change from direct service provision to a subcontract may only be executed with the prior written approval of the Contractor. In addition, Contractor approval may be required regarding the terms and conditions of the subcontracts, and the subcontractors selected. Approval of the subcontractors will be withheld if the Contractor reasonably believes that the intended subcontractor will not be a responsible provider in terms of services provided, objectives to be attained, or required quality criteria. 2. The Contractee retains responsibility for fulfillment of all terms and conditions of this Contract Agreement when it enters into sub - contractual agreements and will be subject to enforcement of all the terms and conditions of this Agreement. 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. The Contractee shall not engage the services of any person or persons concurrently employed by the State of Wisconsin, including any Department, commission or board thereof, to provide services relating to this Contract Agreement without the written consent of the employer of such person or persons and of the Contractor. Revised 7/08 Performance — w /CARS Reporting 4. This Contract Agreement is voidable if the Contractee is a state public official, a member of a state public official's immediate family, or an organization in which the official or immediate family member owns or controls at least 10% of the outstanding equity, voting rights, or outstanding indebtedness and failed to make the written disclosure required under sec. 19.45 Wis. Stats. This disclosure is required to be made to the State of Wisconsin Government Accountability Board, 44 East Mifflin Street, Suite 601, Madison WI 53703, [Telephone (608) 266- 8123]. If the Contractee or any subcontractor is a corporation other than a Wisconsin corporation, it must demonstrate prior to providing services under this Contract Ageement 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. IX. ACCOUNTING REQUIREMENTS 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. (SeeDHS' Accounting Principles and Allowable Cost Policy Manual, available upon request from the Contract Administrator or from the Audit Section, Division of Enterprise Services, Department of Health Services, One West Wilson Street, PO Box 7850, Madison WI 53707- 7850.) 2. For Contract Agreements of less than twenty -five thousand dollars ($25,000), the Contractee shall at least maintain a simplified double entry bookkeeping system as defined in the apartment's Accounting Principles and Allowable Cost Policy Manual. The Contractee's accounting system shall allow for accounting for individual grants, permit timely preparation of expenditure reports (required by the Contractor as defined in Section IVJ and support expenditure reports submitted to the Contractor. 4. The Contractee shall reconcile costs and match to expenses recorded in the Contractee's accounting or simplified bookkeeping system on an ongoing and periodic basis. The Contractee agrees that reconciliation will be completed at least quarterly, will be documented, and supplied to the Contractor upon request. The Contractee shall retain the reconciliation documentation in accordance with the records retention requirement specified in SectionXIV. 5. Expenditures of funds from this Contract Agreement must meet the Department's allowable cost definitions as defined 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 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 closeout audit, as defined in section (XII, 8), within 90 days afterthe first day of the new accounting period. 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. Revised 7/08 Performance — w /CARS Reporting 6 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 Agreement, the Contractor shall have a royalty-free, non - exclusive, and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, such materials. Any discovery or invention arising out of, or developed in the course of work aided by this Agreement, shall be promptly aid 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 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 wih the Contractor; and (b) funds from the Contractor passed through another agency which has one or more contracts with the Contractee. 2. Audit Requirements: The audit shall be performed in accordance with auditing standards generally accepted in the United States of America, s.46.036, Wis. Stats., Government Auditing Standards, and other provisions in this Contract Agreement. In addition, the Contractee is responsible for 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 $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. Reporting Package: The Contractee shall submit to the Contractor a reporting package which includes the following: A. Financial statements and other audit schedules and reports required for the type of audit applicable to the Contractee. B. The Management Letter (or similar document conveying auditor's comments issued as a result of the audit) or written assurance that a Management Letter was not issued with the audit report. Revised 7/08 Performance— w /CARS Reporting C. Management responses /corrective action plan for each audit issue identified in the audit. D. If program specific cost-based information is needed, the Contractor may require it as part of the reporting package. 4. Submitting the Reporting Package: The Contractee shall submit the required reporting package to the Contractor either: (a) within nine months of the end of the Contractee's fiscal year if the Contractee is a local government, or (b) within 180 days of the end of the Contractee's fiscal year for non - governmental Contractee agencies. Two copies of the audit report must be sent to the Contractor at the following address: Attn: Audit Section Division of Enterprise Services Wisconsin Department of Health 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 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 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 of less than twelve (12) months is required when an agreement is terminated for cause, when the Contractee ceases operations or when the Contractee changes its accounting period (fiscal year). The purpose of the audit is to closeout the short accounting period. The required closeout audit may be waived by the Contractor upon written request from the Contractee, except when the agreement is terminated for cause. The required closeout audit may not be waived when an agreement is terminated for cause. B. The Contractee shall ensure that its auditor contacts the Contractor prior to beginning the audit. The Contractor, or its representative, shall have the opportunity to review the planned audit program, request additional compliance or internal control testing and attend any conference between the Contractee and the auditor. Payment of increased Revised 7/08 Performance — WCARS Reporting 8 audit costs, as a result of the additional testing requested by the Contractor, is the responsibility of the Contractee. C. The Contractor may require a closeout audit that meets the audit requirements specified in XII, 2. above. In addition, the Contractor may require that the auditor annualize revenues and expenditures for the purposes of applying OMB Circular A-133 and determining major Federal financial assistance programs. This information shall be disclosed in a note to the schedule of Federal awards. D. All other provisions in the Audit Requirements section apply to Closeout Audits unless in conflict with the specific Closeout Audits requirements. 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, garnishments or other employee related liabilities, Sales Tax, Income Tax of the Contractee, or other monies owed. The written notice shall include the amount(s) owed, the reason the monies are owed, the due date, the amount of any penalties or interest, known or estimated, the unit of government to which the monies are owed, the expected payment date and other related information. 2. The Contractee shall notify the Contractor, in writing, within thirty (30) days of the date payment was due, of any past due payment in excess of five hundred dollars ($500), or when total past due liabilities to any one 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 b 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 financial assistance (e.g., General Services Administration's List of Parties Excluded from Federal Procurement and Noir 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 The Contractee shall maintain such records (in either written or electronic form) as required by State and Federal law and as required by program policies. Records shall be retained for no less than the retention period specified in law or policy. Records for periods which are under audit or subject to dispute or litigation must be retained until the audit, dispute or litigation, and any associated appeal periods, have ended. 2. The Contractee will allow inspection of records and programs, insofar as is permitted by State and Federal law, by representatives of the Contractor and its authorized agents, and Federal agencies, in order to confirm the Contractee's compliance with the specificatirns of this Contract Agreement. The Contractee agrees to retain and make available to the Contractor all program and fiscal records in accordance with the retention period specified in paragraph 1 above. Upon the Contractor's request, at the expiration of the Contract Agreement, the Contractee will transfer at no cost to the Revised 7/08 Performance — w /CARS Reporting Contractor, records regarding the individual recipients who received services from the Contractee under this Agreement. The transfer of records includes transfer of any record, regardess 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 theContractor's records that the Contractee accesses to provide the services under this Contract Agreement. XV. AGREEMENT REVISIONS AND /OR TERMINATION 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 Agreanent. 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. Revision of this Contract Agreement may be made by mutual agreement The revision will be effective only when the Contractor and Contractee attach an addendum or amendment to this Agreement, which is signed by the authorized representatives of both parties, exceptin 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 Contractor whenever it is unable to provide the required quality or quantity of services required. Upon such notification, the Contractor shall determine whether such inability will require revision or termination of this Contract Agreement. 5. If the Contractor 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 nulify 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 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. Revised 7/08 Performance — Nv /CARS Reporting 10 2. Failure to comply with any part of this Contract Agreement may be considered cause for revision, suspension or termination of this Agreement. Suspension includes withholding part or all of the payments that otherwise would be paid the Contractee under this Agrement, 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. The Contractee shall provide written notice to the Contractor of all instances of noncompliance 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 noncompliance. Non - compliance can also be determined by the Division of Public Health Regional Office Contract Administrator through on -site inspection or desk review of documentation. The written notice shall include information on reason(s) for and effect(s) of the non - compliance. The Contractee shall provide the Contractor with a plan to correct the non - compliance and a timetable for the implementation of that plan to correct. The plan to correct must be approved by the Contractor. If at the end of the implementation period, the Contractee is found to still be out of compliance, the Contractor may, at its sole dacretion, 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 noncompliance 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 II. Any degree of non-attainment, as judged by the sole discretion of the Contractor, shall be used by the Contractor in determining the conditions of any continuation of this Agreement. If the Contractor determines that non - 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 defined in paragraph 2 above, imposing additional reporting requirements and monitoring of subcontractors and any other measues it deems appropriate and necessary. 6. If audits are not submitted when due, the Contractor may take action pursuant to Section XII of this Contract Agreement. 7. If required program deliverables or other required information or reports, other than audits, are not submitted when due, the Contractor may withhold all payments that otherwise would be paid the Contractee under this Contract Agreement until such time as the reports and information are submitted. In addition, the Contractor can hold implementation of continuation of this Agreement pending submittal of this documentation. XVII. DISPUTE RESOLUTION If any dispute arises between the Contractor and Contractee under this Contract 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. The Contractor's and Contractee's Contract Administrators will attempt to resolve the dispute, in coordination with the Division of Public Health Regional Office Director and appropriate program staff within the Division. 2. If the dispute cannot be resolved by the Contract Administrators, the Contractee may ask for review by the Administrator of the Division of Public Health. Revised 7/08 Performance — WCARS Reporting I I 0 3. If the dispute is still not resolved, the Contractee may request a final review by the Secretary of the Department of Health Services. XVIII. FINAL REPORT DATE 1. The due date of the final fiscal report shall be ninety (90) days after the Contract Agreement period ending date. 2. Expenses incurred during the Contract Agreement period but reported later than ninety (90) days after the period ending date will not be recognized, allowed or reimbursed under the terms of this Grant 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 suretybond. The surety bond shall be in force for period of the Contract Agreement and shall be a reasonable amount to be determined by the Contractor XXI. CONDITIONS OF THE PARTIES' OBLIGATIONS 1. This Contract Agreement is contingent upon authorization of Wisconsin and United States law, and any material amendment or repeal of the same affecting relevant funding or authority oft the Contractor shall serve to revise or terminate this Agreement, except as further agreed to by the parties hereto. 2. The Contractor and Contractee understand and agree that no clause, term or condition of this Contract Agreement shall be construed to supersede the lawful powers or duties of either party 3. It is understood and agreed that the entire Contract Agreement between the parties is contained herein, except for those matters incorporated herein by reference, and that this Agreement supersedes all,oral agreements and negotiations between the parties relating to the subject matt -,r 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 an Incentive Payment, the Contractee may be eligible to receive performance -based incentive funds if such funds are available as determined by the Contractor. 2. The Contractor may make these incentive awards at its discretion based on the amount of available incentive funding and the terms of agreement with the Federal agency(s) as to the distribution of such incentive funding. The awards will be made during the subsequent contract year via an adjustment (increase) in the monthly CARS payment. In such case where a Contractee is eligible for an incentive payment and no longer holds a contract agreement with the Contractor, the Contractor will make a separate payment to the Contractee. The incentive funds must be expe ded 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 Agreement or used for supplanting purposes. The Contractee shall report, in a manner specified by the Contractor, on how the Contractee expended these incentive funds. 3. To the extent allowed by law: Revised 7/08 Performance — WCARS Reporting 1.2 • All funding recouped by the Contractor from the Contractee shall be hdd 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. XXIII. 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 willbe re- negotiated each year by the Contractor and Contractee, as well as documentation deliverables and risk conditions. Revised 7/08 Performance — WCARS Reporting 113 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. 08/22/2008 03:23 PM DPH Grants and Contracts