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Home My WebLink AboutPublic Health Services/City of Appleton MEMORANDUM OF AGREEMENT PUBLIC HEALTH SERVICES 2011 - 2012 I. THE PARTIES 1.01 The City of Appleton,is a Wisconsin municipal corporation, doing business at 100 North Appleton Street, Appleton,Wisconsin ("Appleton") 1.02 City of Oshkosh is a Wisconsin local public health agency, doing business at 215 Church Avenue,Wisconsin 54901 ("Oshkosh") II. THE RECITALS WHEREAS, 2.01 Appleton employs staff that are trained and qualified to provide the services and perform the duties of Public Health Emergency Preparedness (PHEP)planning. 2.02 Oshkosh does not have its own public health emergency preparedness planners and therefore is in need of such services in order to successfully complete the PHEP grant objectives. 2.03 In the interest of inter jurisdictional cooperation, Appleton is interested in offering public health emergency preparedness planning to various Local Public Health Agencies provided it is economically feasible to do so. 2.04 Appleton and Oshkosh wish to enter into a mutually beneficial agreement wherein Appleton provides public health emergency preparedness planning services to Oshkosh. III. THE AGREEMENT NOW, THEREFORE, 3.01 The recitals are hereby made a part of the Agreement. 3.02 Appleton agrees to provide Oshkosh with planning services to coordinate, implement and document emergency preparedness activities for Oshkosh as identified in the Centers for Disease Control and Prevention's Public Health Emergency Preparedness (PREP) grant requirements for the duration of this Agreement. 3.03.1 Oshkosh agrees to compensate Appleton as follows: 3.03.2 Oshkosh shall pay Appleton a fee of$25,000.00 per year and, in exchange, shall be provided up to 67 days of service each fiscal year. In addition,necessary travel to and from Oshkosh 1 will be billed at the then current IRS mileage reimbursement rate. A day shall consist of 8 hours inclusive of travel to and from Appleton, service inclusive of coordinating the completion of the current public health emergency preparedness (PHEP) grant requirements, personal breaks and the like. Payment under this provision shall be non-refundable in the event that fewer days of service are actually required by Oshkosh. Oshkosh shall be billed 1/12 of the fee mentioned above per month. Invoices will be issued on the first day of the month. Payment of the invoices shall be due within thirty (30)days and shall accumulate interest at 1.5% per month for any unpaid balances. In the event Oshkosh fails to pay the amount previously billed, in its entirety,within sixty(60) days of delinquency,Appleton may discontinue providing services under this Agreement until full payment of all amounts due is received. In the event that Oshkosh consolidates with Winnebago County or another health department, Oshkosh shall be responsible only for those months that service is provided under this agreement. 3.03.3 In the event that Oshkosh requires service in excess of the amount agreed to herein, Oshkosh shall compensate Appleton at the rate of Three Hundred Seventy-Two Dollars($372.00)per each additional day of service provided plus mileage at the then current IRS reimbursement rate. The LPHA receiving the service under this paragraph, shall be billed in the same month that the service is provided. Payment of said invoice shall be due within thirty(30) days of issuance of the invoice. Terms as listed in Section 3.03.2 of this Agreement,relating to failure to pay invoices, shall apply to additional services provided pursuant to this paragraph. 3.04 Appleton reserves the right to conduct an annual review of program expenses and, if necessary,increase the annual and per diem fees charged to Oshkosh to cover its program expenses. If a fee increase is deemed necessary, Appleton shall provide Oshkosh with written notice of the fee increase at least sixty(60) days prior to any increase being implemented. 3.05 Appleton is relying on several LPHAs utilizing its public health emergency preparedness planning services in order to support the economic feasibility of this program and therefore reserves the right to cancel this agreement if a sufficient number of LPHAs fail to enter similar agreements with Appleton, or withdraw from the program at some point in the future. 3.06 Appleton reserves the right to increase the number of service days identified in this agreement to accommodate growth or other changes within Oshkosh that result in, or will likely result in, an increased demand for Appleton's services. This review will be conducted on an annual basis, and Appleton will inform Oshkosh of any increase in contracted service days in writing on or before sixty days prior to commencement of the next grant funding cycle. 3.07 Oshkosh agrees that the City of Appleton Public Health Emergency Preparedness planner shall have the full authority of, serve and act as agent of the LPHA to coordinate and implement the emergency preparedness planning activities for Oshkosh's public health department as they pertain to the Centers for Disease Control and Prevention's Public Health Emergency Preparedness (PHEP) grant objectives. 2 3.08 Appleton shall provide the equipment used to produce documents required for the public health emergency preparedness planning services. Oshkosh shall be responsible for duplication, distribution and all other associated costs of said materials within their agency. 3.09 Oshkosh shall not withhold payments to Appleton except for a breach of this agreement. 3.10 This agreement shall be self-renewing for succeeding one year periods commencing from the date of signing except that the sum to be paid to Appleton for services rendered shall be subject to renegotiation for each succeeding contract period. 3.11 Either party may terminate this agreement after first providing the other with no less than forty-five (45) days written notice of its intent to terminate the agreement. 3.12 The City of Appleton shall be responsible to provide insurance coverage for its officers, officials, employees and agents providing services under this agreement,including statutory workers compensation coverage. City of Appleton officers, officials, employees and agents shall have normally or regularly accepted insurance coverage provided by the City of Appleton and its insurance carrier(s). IV. SEVERABILITY CLAUSE 4.01 In the event that any part of this agreement is found to be illegal,it shall be stricken from the Agreement and the Agreement interpreted as if that clause did not exist. V. INDEMNIFICATION CLAUSE 5.01 Subject to the limitations contained in Section 893.80 and any similar statute, of the Wisconsin Statutes, the City of Oshkosh agrees to indemnify and hold the City of Appleton, its officers, officials, employees, and agents,harmless from any and all liability, including claims, demands,losses,costs, damages and expenses of every kind and description (including death), or damages to persons or property, real or personal, arising out of this agreement where such liability is founded upon or grows out of the acts or omission of any of the City of Oshkosh's officers,employees,contractors or agents while acting within the scope of their employment. Subject to the limitations contained in Section 893.80 and any similar statute, of the Wisconsin Statutes, the City of Appleton agrees to indemnify and hold the City of Oshkosh, its officers, officials, employees, and agents,harmless from any and all liability, including claims, demands, losses,costs, damages and expenses of every kind and description (including death), or damages to persons or property,real or personal, arising out of this agreement where such liability is founded upon or grows out of the acts or omission of any of the City of Appleton's officers, employees,contractors or agents while acting within the scope of their employment. [SIGNATURES BEGIN ON THE NEXT PAGE] 3 IN WITNESS WHEREOF, the parties have caused the foregoing instrument to be executed in three(3)original counterparts on this 1 I i J day of (_2/ , 2011. City of Oshkosh Attest: I , I t.: 14(4.--( By: Printed Nam-. IL ki '_ ') MaHc A. Rohloff ager Attest: ,‘,, • ' ' �, �' ' BY: t, Printed blame:( _• /� /4' 6; i4 7 Pamela R. Ubrig J City Clerk Provision has been made to pay the that will accrue under this contract. A.iroved as to form: Printed Name: / if , ._ Mk rL►�:�.c� Title: —7)1,v r n i e--32. t, ,lei t�� L A. Lorenson, City torney City of Appleton /�iv Attest: Ida' C,� I{t.Q�'Yl. By: /�: Printed Name: k `A_ . G • 1 LL __ imothy . Hanna,Mayor Attest: /4 L.. �/..�� By: Y� Printed Name: UYlary ll2e,1441( C hia I. Hesse, City Clerk Provision has been made to pay the liability that will accrue under this contract. Approved as to form:XL a . Remiker,Finance Director Ja es P.Walsh, City Attorney 1:\WORD\CRS\Health\Public Health Emergency Preparedness Contracts\Oshkosh 2011.docx 4