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HomeMy WebLinkAboutHealth Department Consolidation Agreement HEALTH DEPARTMENT CONSOLIDATION AGREEME MAY j n 2012 By and Between C17y ci RK�s CITY OF NEENAH, WISCONSIN, A Wisconsin Municipal Corporation, OFFICE CITY OF OSHKOSH, WISCONSIN, A Wisconsin Municipal Corporation, COUNTY OF WINNEBAGO, WISCONSIN, A Wisconsin Quasi-Municipal Corporation THIS AGREEMENT, made and entered into by and between the CITY OF NEENAH, WISCONSIN, a Wisconsin Municipal Corporation, duly organized and existing under the laws of the State of Wisconsin, with offices at 211 Walnut Street, Neenah, WI 54956 ("NEENAH"); the CITY OF OSHKOSH, WISCONSIN, a Wisconsin Municipal Corporation, duly organized and existing under the laws of the State of Wisconsin, with offices at 215 Church Street, Oshkosh, WI 54901 (OSHKOSH), (OSHKOSH and NEENAH collectively hereinafter referred to as CITIES); and COUNTY OF WINNEBAGO, WISCONSIN, a Wisconsin Quasi-Municipal Corporation, duly organized and existing under the laws of the State of Wisconsin, with offices at 112 Otter Avenue, Oshkosh, WI 54901 (hereinafter referred to as COUNTY). WHEREAS, CITIES and COUNTY have maintained separate Health Departments, with a scope and level of services individual to each; and WHEREAS, WINNEBAGO COUNTY is one of only a few counties remaining in the State of Wisconsin that has separate full service municipally-funded public health departments; and WHEREAS, the NEENAH Common Council by Resolution No. 7380 on December 15, 2010, the OSHKOSH Common Council by Resolution No. 10-379 on November 23, 2010 and the COUNTY's Board by Resolution No. 298-102011 on October 18, 2011 approved negotiating the consolidation of the COUNTY and CITIES health departments and conducting a feasibility study to determine whether a consolidation of the COUNTY and CITIES health departments could be accomplished and be of benefit to the CITIES and COUNTY; and, 1 WHEREAS, the COUNTY and CITIES selected the consulting firm Baker Tilly which completed a preliminary report submitted in the spring of 2011; and, WHEREAS, after reviewing the preliminary report, the CITIES and COUNTY authorized Baker Tilley to complete an in-depth study of all services and operations currently conducted by both departments and completed a merger study report entitled, 'Winnebago Public Health Study Final Report" dated 6/9/2011 (the "Final Report") which is hereto marked Exhibit A and attached and incorporated herein by reference; and WHEREAS the Neenah Common Council adopted Resolution 2012-7 on March 21, 2012, and the Oshkosh Common Council adopted Resolution 12-93 on February 28, 2012 authorizing the consolidation of health services; and WHEREAS, the COUNTY Board adopted Resolution 351-22012 on February 28, 2012 consenting to accept the consolidation of public health services as stipulated in the Final Report; and WHEREAS, this Agreement is intended to facilitate and assist in accomplishing the creation of a consolidated Public Health Department; and WHEREAS, the delivery of public health department services by the COUNTY Health Department would be in the public interest and would result in greater efficiency, economy, and uniformity in the delivery of such services without a reduction in the existing scope or level of services; and WHEREAS, CITIES herein intend to dissolve their Health Departments and transfer some furnishings and fixtures to COUNTY for use in setting up a full service office to provide services in the City of Neenah (see "Exhibit B"); and WHEREAS, the CITIES agree to make available all records, both hard copy and computerized, for use by COUNTY Health Department under such terms and conditions as meet current legal standards and are needed by the COUNTY Health Department to facilitate continued service delivery; and 2 WHEREAS, this Agreement is intended to define the public health services and the level of such services to be provided by the COUNTY Health Department to the CITIES and is further intended to ensure the continuation of those services beyond the merger implementation date. NOW THEREFORE CITIES and COUNTY, under the authority of, but not limited to §66.0131 (2) and §66.0301, Wis Stats, in consideration of the mutual promises, agreements, undertakings, and understandings hereinafter set forth, agree that CITIES shall abolish their Health Departments and Boards of Health, and COUNTY shall expand its health services to provide full services within the CITIES OF NEENAH AND OSHKOSH as provided for under §251.02, Wis Stats and further agree as follows: 1) TRANSFER OF CITIES HEALTH SERVICES TO COUNTY. The CITIES will transfer jurisdiction for all public health department services currently provided by the CITIES Health Departments to the COUNTY with such transfer to take place in an orderly and efficient manner as of May 6, 2012 for OSHKOSH and July 2, 2012 for NEENAH (the "Consolidation Date") or as soon thereafter as is practical. 2) COUNTY HEALTH OFFICE IN CITY OF NEENAH. COUNTY agrees to establish a County Health Department North office in the NEENAH area ("North Office") and shall continue to provide those services to city/county residents as stipulated and better described in the Final Report. a) Initial Location of North Office. Initially, the North Office shall be located in the offices currently occupied by the NEENAH Health Department in the NEENAH City Administration Building. COUNTY may move those offices when it, in COUNTY's sole discretion, determines an alternate location is in the best interests of providing services to NEENAH and northern COUNTY residents, provided, however that for the first ten (10) years after the Consolidation Date, the North Office shall be located within the City Limits of NEENAH and thereafter 3 shall be located within the city limits of NEENAH or in the Town of Neenah or the City or Town of Menasha. b) Rent. COUNTY shall pay NEENAH Eight Dollars ($8.00) per square foot rent per month to cover operational costs of NEENAH providing space to the North Office, including all utilities, except telephone and internet, and janitorial services otherwise provided to other offices in NEENAH City Administration Offices. Said rent shall remain the same for the first three years of the lease. Thereafter, the monthly rent shall be set based on reasonably comparable rental rates in Downtown NEENAH as mutually agreed between the COUNTY and NEENAH. NEENAH and COUNTY shall enter into a separate lease agreement for the North Office space. In addition to any rent payable under this subparagraph, COUNTY shall be responsible for telephone and internet service as a separate charge. c) Parking. NEENAH shall guarantee parking spaces to COUNTY Health Department employees on the same terms provided to other NEENAH employees for as long as the North Office is located at the Neenah City Hall. Visitors to the North Office shall be afforded the same parking privileges as other visitors to NEENAH's City Administration Building. d) Insurance. So long as COUNTY locates the North Office in NEENAH's City Administration Building, COUNTY shall provide workers compensation, property, general, and professional liability insurance in commercially reasonable amounts naming NEENAH, its elected and appointed officials, officers, employees, or authorized representatives or volunteers as additional insureds. 3) STAFFING OF COUNTY HEALTH OFFICE IN NEENAH . The Final Report specifically provides for the establishment of a COUNTY Health Department North Office, with said office to serve not only NEENAH residents but also other residents of the northern part of the COUNTY, except for the Cities of Appleton and Menasha. The office will initially be staffed 4 by COUNTY staff consisting of transferred employees from the NEENAH Health Department consisting of two (2) full-time professional public health nurses; one (1) 0.83 professional public health nurse employed full time during the school year, one (1) half-time grant nurse; one (1) full-time certified environmental health sanitarian and at least one (1)full-time trained clerical staff person to support operations in the northern Winnebago County area. Notwithstanding the foregoing, the certified environmental health sanitarian may from time to time also operate out of the COUNTY's Oshkosh office as the need may arise, but the certified environmental health sanitarian's main office shall be in the North Office. In addition, in recognition of the fact that existing NEENAH Health Department staff only serve NEENAH and not surrounding unincorporated areas, the parties acknowledge that at least one additional professional public health practitioner from the existing COUNTY health department staff will be needed in the North Office. COUNTY hereby agrees and affirms that the North Office will be maintained and adequately staffed to meet local service needs. However, and notwithstanding the provisions of Sections 2 and 4 of this Agreement, the level of staffing may be adjusted periodically if needed to meet changing service needs or requirements. 4) STAFFING REDUCTIONS. The County Executive shall report any permanent reduction in Health Department staff to the COUNTY Board of Health. 5) LEVEL OF SERVICES. The COUNTY will extend, and continue, the provision of services to include all public health department services currently provided by COUNTY to other residents of WINNEBAGO COUNTY, and meet the requirements and service levels of Chapter 251, Wis Stats. COUNTY also recognizes and affirms that local community needs vary from area to area and affirms that the County Health Department including the North Office will have flexibility in undertaking specific programs and activities to meet special needs identified in the northern end of the COUNTY, or anywhere else in the County. 6) ORDINANCE AMENDMENTS. The CITIES agree to repeal or amend their health ordinances as necessary so COUNTY can enforce COUNTY's relevant health ordinances within 5 the city limits of NEENAH and OSHKOSH. COUNTY shall also collect whatever fees and charges have been approved by the COUNTY Board for COUNTY Health Department inspections, licenses, permits, and services that are generally applicable to residents and businesses throughout WINNEBAGO COUNTY. 7) ENFORCEMENT OF ORDINANCES. COUNTY, through the Board of Health and Health Department, shall, during the term of this Agreement, unless otherwise precluded by law, enforce valid COUNTY public health related-Ordinances, including those which require public health inspections as a condition of license or permit approval. Furthermore, it is understood that nothing contained herein precludes COUNTY or its Health Department from enacting health regulations or Ordinances as authorized by law. 8) MEMBERSHIP ON THE COUNTY BOARD OF HEALTH. The CITIES will voluntarily disband their Boards of Health effective on or before the effective date of service consolidation. The COUNTY will ensure that following the date COUNTY begins providing services within the CITIES of NEENAH and OSHKOSH and continuing thereafter, initially, at least two (2) citizen members of the WINNEBAGO COUNTY Board of Health (the "Board") shall be NEENAH residents and four (4) citizen members of the WINNEBAGO COUNTY Board of Health shall be OSHKOSH residents. The remaining three (3) members of the Board shall initially be from the service area of the County Health Department prior to consolidation. Notwithstanding the foregoing, the composition of the Board may be adjusted proportionally based on the population of the area served by the COUNTY Health Department. 9) FURNITURE AND EQUIPMENT TO BE TRANSFERRED TO COUNTY. The CITIES hereby agree to collaboratively work with COUNTY to develop a detailed list of medical supplies and office furnishings, equipment, and related fixtures currently utilized by the NEENAH and OSHKOSH Health Departments, which will become surplus following the merger of health related services. CITIES hereby agree to donate or contribute all surplus items to COUNTY on an "as needed" basis for use by COUNTY in setting up and operating the new North Office or 6 supplying the existing COUNTY Health Department offices in OSHKOSH. A detailed list of equipment to be donated is attached to this Consolidation Agreement as "Exhibit B." 10)INTEGRATION OF CITY AND COUNTY EMPLOYEES INTO SINGLE HEALTH DEPARTMENT. The current CITIES Health Departments' staffs include a number of highly qualified public health professionals who could contribute substantial talent and experience to the COUNTY Health Department. At the outset of the consolidation, COUNTY agrees to accept current NEENAH and OSHKOSH Health Departments' staff who desire to fill the positions created in the COUNTY Health Department due to the merger of health services (employees transferred from the CITIES health departments to the COUNTY health department shall hereinafter be referred to as "Transferred Employees"). a) Staff locations. CITIES health departments staff shall be located at the following offices of the COUNTY Health Department: i) OSHKOSH Health Department staff shall be relocated to the Oshkosh Office of the COUNTY Health Department located at 112 Otter Avenue, Oshkosh, WI. ii) NEENAH Health Department staff shall be located at the North Office as provided for under¶3 above. b) Enumeration of Transferred Employees. The following OSHKOSH or NEENAH employees shall be transferred to COUNTY Health Department Employees: i) OSHKOSH: three (3) full-time professional public health nurses, one (1) full time certified environmental health sanitarian and one (1) full-time trained clerical staff person. ii) NEENAH: two (2) full-time professional public health nurses; one (1) 0.83 professional public health nurse employed full time during the school year; one (1) half-time grant nurse; one (1) full-time certified environmental health sanitarian; and one (1) full-time trained clerical staff person. 7 COUNTY shall not be required to employ Transferred Employees ad infinitum. Further, employment status is subject to change depending on future appropriations and contractual obligations. COUNTY shall not provide preference to the pre-merger status of employees of COUNTY or CITIES, based solely upon whom they were employed by pre-merger, regarding promotion, demotion, or layoff within the COUNTY Health Department c) Salary and Benefits for Transferred Employees. Transferred Employees shall receive the following consideration as COUNTY Health Department employees: i) COUNTY salaries and benefits appropriate under the applicable pay plan or collective bargaining agreement, consistent with Transferred Employees existing pay. It is the intent of the CITIES and COUNTY that Transferred Employees shall become COUNTY employees on the Consolidation Date at a pay rate that is comparable to their present salaries. Fringe benefits for Transferred Employees shall be adjusted subject to COUNTY's benefits plan. ii) Current employment status (full- or part-time) when incorporating Transferred Employees as COUNTY employees. However, employment status is subject to change depending on future appropriations. iii) COUNTY's group health insurance program participation as appropriate under the applicable pay plan or collective bargaining agreement, to take effect on the first day of the month following appointment, and there shall be no exclusions for existing illnesses/injuries. To the extent that coverage under the COUNTY's plan cannot begin until after the Consolidation Date, the CITIES shall maintain insurance coverage for transferred employees until they qualify for the COUNTY's plan, but in no event later than the first of the month following the Consolidation Date for administrative employees and first 8 of the month following 60 days after the Consolidation date for clerical employees. iv) Enrollment in the Wisconsin Retirement System (WRS) as are other COUNTY employees. v) All benefits routinely provided to similar employees of COUNTY. vi) Vacation benefits per the COUNTY vacation schedule based on the Transferred Employee's hire date with the CITIES. vii) The CITIES shall pay the COUNTY the cash equivalent of the Transferred Employees accrued sick leave accounts, which shall be held by the COUNTY to fund sick leave for the Transferred Employees. Transferred Employees shall accumulate additional sick leave consistent with COUNTY policies applicable to COUNTY employees of similar seniority as held by the Transferred Employees. viii)Any incentives or other benefits which may be offered by COUNTY to new Public Health Department employees selected for the service consolidation. ix) NEENAH granted its grant nurse an eight week leave of absence beginning on or about March 23, 2012 coinciding with the birth of her child. The grant nurse has agreed to use accrued sick leave she has earned during the leave of absence. COUNTY agrees to honor the leave of absence for NEENAH's grant nurse to the extent that such leave shall extend beyond the Consolidation Date. d) Seniority. Transferred employees of both OSHKOSH and NEENAH shall be assigned seniority based on their hire date with their respective city. e) Pre-existing Language. Nothing in this section shall preclude pre-existing language in applicable collective bargaining agreements between the COUNTY and its employees. 9 f) Open recruitment. All parties acknowledge that a consolidated health department will be most successful with effective management and supervision. Towards that end, COUNTY agrees that within the first three (3) months after consolidation, the COUNTY will begin an open recruitment for a permanent director of the newly consolidated department in which qualified employees from within and outside the organization are eligible to apply with the target date for filling the director's position within six (6) months of the Consolidation Date. Should any new management or supervisory positions be created and approved by the County Board as a result of this newly consolidated department, COUNTY agrees that these positions will also be subject to an open recruitment. g) Policy& Procedures Development. The parties acknowledge that prior to the Consolidation Date, policies and procedures for the consolidated department may be needed. To the extent that such policies and procedures are being developed, the COUNTY agrees to involve staffs from the CITIES' health departments to the same extent that staff from the COUNTY health department is involved in such policy and procedures development. 11)WEIGHTS & MEASURES SERVICES FOR NEENAH. COUNTY agrees to employ the NEENAH Health Department's certified Environmental Health Sanitarian/Inspector of Weights and Measures as a full-time Sanitarian. NEENAH may contract with COUNTY to provide weights and measures services. 12)NEENAH AND OSHKOSH PAPER AND COMPUTERIZED RECORDS. As required by the State Division of Public Health, the CITIES will archive and retain (as required by law) all departmental records following the transfer of services to COUNTY, until such documents may be destroyed pursuant to any applicable records retention ordinance or the provision of Wis. Stat. §19.21. Notwithstanding the foregoing, the CITIES shall transfer to the COUNTY immunization records and current case files. COUNTY shall have access to all paper and 10 computerized records of NEENAH and OSHKOSH which may be needed to facilitate the transition process and may later be needed for the continued provision of public and environmental health services. COUNTY shall follow the applicable confidentiality requirements regarding the records of any service recipients, which may come under COUNTY control. The transfer of records shall be done in compliance with all appropriate State and Federal statutes. 13)FUNDING OF CONSOLIDATED SERVICES. Funding of the consolidated COUNTY Health Department shall be under the control of the WINNEBAGO COUNTY Board of Supervisors and shall be part of the annual budget process beginning for calendar year 2013. The CITIES acknowledge that the COUNTY tax levy for health services shall be extended to NEENAH and OSHKOSH property owners effective with the 2012 tax levy, payable in 2013. In 2013, COUNTY hereby commits to provide the funding necessary to fully implement the service and staffing plan per the Final Report of the Merger Study Committee (Exhibit "A"). Notwithstanding the foregoing, the CITIES and COUNTY have agreed to implement the consolidation anticipated by the Agreement on the Consolidation Date. However, for the 2011 tax levy, payable in 2012, the CITIES and COUNTY are levying for their separate health departments as exist prior to the consolidation contemplated by this Agreement. For planning purposes, the COUNTY has calculated a full year levy share for 2012 for NEENAH of $242,741.17 and for Oshkosh of$468,742.13. Beginning on the Consolidation Date, the CITIES shall pay one-twelfth per month of their health department calculated levy for 2012 to the COUNTY to fund the consolidated COUNTY Health Department for the remainder of 2012. 14)CONTRACTUAL SERVICES WITH OTHER AGENCIES. CITIES have entered into agency agreements with the State Division of Health, the Department of Agriculture, and the Department of Commerce for the purpose of making various inspections and investigations related to environmental and public health matters. The CITIES has also entered into Memorandums of Understanding (MOU's) with other agencies and non-profit corporations relevant to the provision of public health department services in NEENAH and OSHKOSH. 11 COUNTY agrees to renegotiate as necessary and fully assume the requirements of those agreements and MOU's upon the Consolidation Date. Copies of all such agreements are attached hereto as Exhibit "C." 15)TERM OF AGREEMENT. This Agreement shall be and remain in full force and effect for so long as COUNTY maintains a Health Department and Board of Health in accordance with §251.02, Wis Stats. 16)MONITORING AND ANNUAL REPORT. COUNTY, through its Board of Health, will be responsible for monitoring the services enumerated herein and the level of services provided to NEENAH and OSHKOSH residents as stipulated in the Final Report. At least once every calendar year for a period of five (5) years, the COUNTY Board of Health shall prepare an Annual Report, which shall summarize the services performed by the COUNTY Health Department during the reporting period. A copy of this Report shall be provided to the NEENAH and to OSHKOSH City Clerks in a timely manner. 17)NOTICES. Any notice required to be given in this Agreement by CITIES or COUNTY shall be sent or delivered to the Winnebago County Clerk, 415 Jackson Street, Oshkosh, WI 54901; notice to the CITIES (NEENAH) shall be sent or delivered to the City Clerk, City of Neenah, 211 Walnut Street, Neenah, WI 54956; and notice to the CITIES (OSHKOSH) shall be sent or delivered to the City Clerk, City of Oshkosh, 215 Church Street, Oshkosh, WI 54903. 18)AUTHORITY. NEENAH enters into this Agreement pursuant to action taken by its Common Council to adopt Res. No. 2012 - 7 on March 21, 2012. OSHKOSH enters into this Agreement pursuant to action taken by its Common Council to adopt Res. No. 12-93 on February 28, 2012. COUNTY enters into this Agreement pursuant to action taken by its County Board of Supervisors to adopt Res. No. 351-22012 on February 28, 2012. IN WITNESS WHEREOF, the parties hereto accept the terms of this Agreement as of the 1St day of May, 2012. 12 CITY OF NEENAH WINNEBAGO COUNTY i By: 441; ' / 1�• By: 74/20-4-4( ci- 7,41AL Georg:0%. S Al'erck, Mayor Mark L. Harris, County Executive t� _ ^.) 1 / Attest. _ 4 ® Attest: . / Patricia A. Sturn, City Clerk ,'Susan T. Ertmer, County Clerk I hereby certify that the necessary funds I hereby certify that the necessary funds have been provided to pay the liability have been provided to pay the liability incurred by the City of Neenah on the within incurred by Winnebago County on the within contract. contract. /7/Z > , _ 7...-'IA . ../ ✓ Michael K. Easker, Director of Finance Charles L. Orenstein, C.P.A., Director of Finance Approve• as to for.- Approved as to form: BY: �I� .14A/ By: a ".;m:. I. Godlewski, City Attorney /ohn A. Bodnar, Corporation Counsel CI' i F OSHKOSH By: i'`_7 ,1 Mark Rohloff, City Manager i Attest: #' . - yC rk ikitc... I hereby certify that the necessary funds have been provided to pay the liability incurred by the City of Oshkosh on the within contract. Pegggy i�egno, Director of Finance Appr.veD to form: ..n glft .4. _ ��'��' A. Lorenso , _ Attorney 13 / / 5 Exhibit A (Final Report on Health Department Consolidation for Winnebago County and the Cities of Neenah and Oshkosh) is on file and available for review at the City Clerk' s Office .