HomeMy WebLinkAbout1998-10-26 98-421 ORDERrUVIJ
Date nrrober` 20
1998 Item No. 98-421
Item/Subject: ORDER, AUTHORIZING ACCEPTANCE of a State Planning Office
Capital Investment Grant
Responsible Department Public Works
Commentary:
The State Planning Office Capital Investment
Grant for Recycling is a matching
grant in the amount of $ 4,400. The grant
provides for watching funds for;
Recycling. Bins, Backyard Composting Bins,
including education and promotion,
Newsletter on Backyard Composting, Backyard
Composting training, with center
omposnews through the Was Cooperative Extension Service, and advertising for
the composting bine and training.
Retching funds for the City will be taken from the unexpended funds in the oil
based Paint collection account. (Act. 5248
13040000)
C4` Nesdl
Ma ager's Comments:
As
G;r
Associated Inform} on:
0*J 61,v x&W/
Budget Approval:
Piv
Legal Approval:
olm,wr
Introduced For
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passage CMSaT
First Reading Page_ of
❑Referral
98-421
Arigned to C aor Aube Octoker 26, 1990
_ CITY OF BANGOR
(TITLE.) "r- ------------ A9shutzing..Aeazpcaace...of.a..State .. Planningoffice. capital.
Investment Grant
By W 04 Couwil of the City Of dgw-'
ORDERED,
BUT
The City Manager Is hereby authorized to accept a $ 4,400 grant from
the State Planning Office. Me Capital investment Grant is for recycling Bins,
Backyard composting Bins, Backyard Composting; Training, Newsletter on Backyard
Composting, and 6ducatlon and Promotion, and envertising.
IN CITY COUNCIL 98-421
October 26, 1998
Passed O R O L R
Title,Avtborizing Acceptance of a
CITY :LEBK State Planning Office Capital Invest-
s Grant
......................................
µ^ yAamird to
.......... ti YY .....................
Cawcikivm
Me
October 10, 1998
to: All Capital Investment Grant Award Recipients
fir: Sam Morris, Grants Administrator
re: Introduction to your Great Contract
Enclosed you will find the draft grant contract document.
It is a standard State of Maine Agreement to Purchase Services contract that we have modified
to fit the requirements of the 981 Recycling Capital Investment Grant award .
There are four(4) copies of the contract enclosed. Please sign and return all four copies.
cover page
1) you will need to fill in the employer ID k
2) A person with the authority to sign the contract needs to sign at" name and title, provider
representative."
3) please note that although the Department has left the starting and ending dates blank for
you to fill in, we expect all projects to be concluded within the next 12 to 18 months. Any
extension beyond this time frame will require a written request by the provider and approval by
the Deparaneat.
page 2; Rider A "Work to be Performed."
I) project description.
2.) a schedule of milestones; task listing and when you are going to do the tasks. The schedule
listed will be taken Gom the grant application with the understanding that actual dates for task
completion may vary slightly from projected dates. Please note any changes you make to the
schedule in a letter to the Department when you return the signed contract.
3.) project budget.
page 3; Rider B "Method of Payment and Other Provisions."
1.) states how much we are agree to pay.
2.) payment procedures; process for applying for funds and documentation of expenses.
i) the name and address of the grant administrator.
4.) termination procedures for grant money in cases of misrepresentation or failure to proceed
i) requirements for the local match.
Other.) all the provisions of the standard State Contract.
OFFICES LOCATED AT: 164 STATE STREET
PHONE: (nt:) 2x:ao51 I"wr"e,......nnm.me.u,. ma FAX ('07) 'S-1-64"
98-421
STATE OF MAINE
EXECUTIVE DEPARTMENT
STATE PLANNING OFFICE
38 STATE HOUSE STATION
AUGUSTA, MAINE
09]]}DWB
P
Even D, n6XWr. AiCP
October 10, 1998
to: All Capital Investment Grant Award Recipients
fir: Sam Morris, Grants Administrator
re: Introduction to your Great Contract
Enclosed you will find the draft grant contract document.
It is a standard State of Maine Agreement to Purchase Services contract that we have modified
to fit the requirements of the 981 Recycling Capital Investment Grant award .
There are four(4) copies of the contract enclosed. Please sign and return all four copies.
cover page
1) you will need to fill in the employer ID k
2) A person with the authority to sign the contract needs to sign at" name and title, provider
representative."
3) please note that although the Department has left the starting and ending dates blank for
you to fill in, we expect all projects to be concluded within the next 12 to 18 months. Any
extension beyond this time frame will require a written request by the provider and approval by
the Deparaneat.
page 2; Rider A "Work to be Performed."
I) project description.
2.) a schedule of milestones; task listing and when you are going to do the tasks. The schedule
listed will be taken Gom the grant application with the understanding that actual dates for task
completion may vary slightly from projected dates. Please note any changes you make to the
schedule in a letter to the Department when you return the signed contract.
3.) project budget.
page 3; Rider B "Method of Payment and Other Provisions."
1.) states how much we are agree to pay.
2.) payment procedures; process for applying for funds and documentation of expenses.
i) the name and address of the grant administrator.
4.) termination procedures for grant money in cases of misrepresentation or failure to proceed
i) requirements for the local match.
Other.) all the provisions of the standard State Contract.
OFFICES LOCATED AT: 164 STATE STREET
PHONE: (nt:) 2x:ao51 I"wr"e,......nnm.me.u,. ma FAX ('07) 'S-1-64"
98-421
These contracts do not contain say Rider C "Exceptions."
page 4; Rider D additional requirements.
1.) any requirements for necessary local , state, or federal permits noted in your awards letter.
2.) requirement to utilize recycled content paper for printing grant related materials and compost
or reclaimed soil products wherever feasible, applicable, and environmentally permitted. This
section is included in all grant contracts. Documentation of this requirement consists of: a.)
copy of any printed material; and bJ a brief memo stating, if applicable, how compost or
reclaimed soil is used.
3.) any additional agreements, conditions, or requirements as may have been noted in your
awards letter or have arisen during the project.
4.) f£the award is m a regional entity, appropriate documents ofinter local agreements,
contracts, by Imus, or the terms by which the region is organized will need to be presented.
Once we have received all requested documentation you will receive an acknowledgment letter
that will authorize you to begin submitting paid invoices to to for your allowable costs,
Providing all the other terms of the contract have been met
Please note that there is a place for the "Provide' to sign on the Rider D page.
This lets us know that you have rend and understand the spemal conditions) and agree that you
will not receive grant funds until the condition(s) arc met and the Office has received the
documentation requested.
Please call if you have any questions on this process. The more information that we can provide,
and the more questions you ask up front, the smoother your project may proceed.
Sincerely,
LR,
Sam Morris
Senior Plarmer
Waste Management and Recycling Program
ph. 207-287-8054
N. 207-287-5756
email wvn moms r^state me.w
Page I of 12
STATE OF MAINE
State Planning Office
Agreement to Purchase Services
Agreement No: 98-421
THIS AGREEMENT, made this 10th day of October, 1998, is by and between the Slate of Maine, State
Planning Office, hereinaf er called "Department"and City of Bangor, located at 530 Maine Avenue, Bangor,
Maine 04401 , telephone number 207-942-0220, hereinafter called "Provider', for the period of
to
The Employer Identification Number of the Provider is
WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the Department, the Provider hereby agrees with the Department to punish all qualified
Personnel, facilitft% materials and services and in contribution with the Department, to perform the services,
study or projects described in Rider A, and under the terms of this Agreement. The following riders are hereby
incorporated into this Agreement and made Part of it by reference:
Rider A - Specifications of Work to be Performed
Rider B - Payment and Other Provisions
Rider C - Exceptions
Rider D - Additional Requirements*
IN WITNESS WHEREOF, the Department and the Provider, by their representatives duly authorized, have
executed this agreement in four original copies.
State Planning Office
By:
Evan D. Richert, AICP
and
City of Bangor
By:
Name and Title, Provider Representative
Total Agreement Amount: $4,400.00
State Controller Chair, State Purchases Review Committee
BP54 (Rev 4/98)
AGREEMENT FOR SPECIAL SERVICES Page 2 of 12
98-421
WASIS ACCOUNT CODING
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Page 3 of 12
98-421
RIDER
SPECIFICATIONS OF WORK TO BE PERFORMED
Grant ID H 981-09
City of Dengue.
Project Title: Recycling Revisited
Estimated Schedule for Completion
Items 1,2,3,4, and 6 not funded under this grant
5. Recycling bins
11/98
Z Composting bins
12/98
8. Newsletter
10/98
9. Backyard composting training
04/99
10. Advertising
04/99
Page 4 of 12
98-421
RIDER
SPECIFICATIONS OF WORK TO BE PERFORMED
Grant ID W 981-09
Cityof Bangor
Project Title: Rmycling Revisited
Project Budget
Item: Requested Allowed
I. Engineering
$1,200.00
$0.00
2.Admin.
$ 300.00
$0.00
3. Baniers & Dividers
$20,500.00
$0.00
4.Catch Basin
$3,000.00
$0.00
S.Recyclingbins
$3,200.00
$3,200.00
6.BY Composting Bins
$3,000.0
$3,000.00
7. Plow
$3,700.00
$0.00
8. BY Comporting newsletter
$1,500.00
$1,500.00
9.BY Composting training
$ 500.00
S 500.00
10. Advertising
$ 600.00
$ 600.0
Total Allowed
$8,800.00
Local Share (50%)
$4,400.0
State Share (50%)
54,400.00
�I>dd
AGREEMENT FOR SPECIAL SERVICES Pye 5 of 12
RIDER B
METHOD OF PAYMENT AND OTHER PROVISIONS
IAGREEMENTAMOIINf $4,400.00
2. INVOICES AND PAYMENTS
The Department will pay the Provider ar follows:
A.) The Department will make payments and reimburse the Provider from paid invoices only. All
invoices must be accompanied by a "Request for Payment" learn.
B.) Local Match Requirement. The Provider shall have delivered evidence that it has available, or has
made arrangements satisfactory to the Department to obtain sufficient funds to pay that portion (at least
509%) of the Project casts for which it is legally obligated and which will not paid or reimbursed by the
Department hereunder.
Local Match Amount $4,400.00
C.) Branch and Termination. The parties agree that in the event either party breaches any obligation
under this Agreement or any representation made hereunder is unions in any material aspec4 the other
party will have the right to take any action under law or in equity it may have to enforce the payment of
=come due or the performance of any obligations to be perfovned hereunder, including the right of
termination upon fifteen days notice to the breaching parry.
D.) Voluntary Discontinuance. The provider may upon prior written notice to the Department, and
subject to the Department's approval, discontinue consrmction, installation, or acquisition of the project.
E.) Recoupment of Department Monies In the event that the Provider, without good cause shown to
the Department: fails to proceed expeditiously with the project; fails to complete the p jectas approved;
fails to commence operation of the project upon its completion; disposes of the project or any portion
thereof, without the advance written approval of Ilse Department;
changes the use of me project or any portion thereof without the advance written approval of the
Departmenq the Provider shall pay to the Department an amount equal to the sum of all monies
previously paid to the provider pursuant to this Agreement, or an equitable portion of such monies as the
Department determines is reasonable under the cireumsmnces.
In the event of such a breach of this Agreement five provider agrees to Nm over to the Department upon
its reques, all Papers, records, and documents related to the project in its possession.
Payments are subject to the Provider's compliance with all the items set forth in this Agreement and
subject to the availability of funds. The Department will process approved payments within 30 days.
J) Pro act Administration and Reverts
Projects must be completed within eighteen (18) months of the signing of the grant contact unless
extended by the Sure Planning Office. Grant contracts will extend for seven years beyond the
completion of the work. Should the Provider decide to terminate the project prior to this, the Provider will
reimburse the Department for grant Ends expended on they feat.
Providers are required to submit periodic reports on the progress and effectiveness of the project. Such
reports will be submitted quarterly during the first year of operation and annually thereafter.
L IDENTIFICATION
A. Gone ID:
B. TOO ID:
C. FRuisiriha"
D Req. Date
III CMRACT MORNIATION
CAPITAL MVESTMEWf GRAM 981
Exhibit forRiderB
Maine State Plalming Office
98-421
Request For Payment
II. FOR STATE LSE 09LT
Ohio 012oNa[cItl
fe DIB COFQ mqn_x.s
AmMnzetl
IV, PAYMENT REAR: pleas mash a easy ofpu¢M1ve oMeylnroiee. Reeeiht or[NelAdenee of erpenEiwrt foeeazb ircm. Thee Fw.
1¢m Ill. Dewitt"Amountf this Region STATE USE ONLT
conso"nc
tlt Attached'
Tool '50ters,
V. CERTIFICATION:
ICenity rn be beet On,
r t lRose he inhrma %naMn erp[Mia mloon elona btM,Imsumrume
ItoMt"; as allR, he best to OR the fwarm rcimbun[uNfarw pYfonFIN pM TOWi [r un�na mlM1imbrce lminess tlarto
Mpoflang Ne $u¢'s pa menrtM1e[k.o
Antiabortion Sanarvrt ofGruue Title Due
AGREEMENT FOR SPECIAL SERVICES Page 6 of 13
98-921
1. BENEFITS AND DEDUCTIONS If the Provider is an individual, the Provider understands and
agrees that he/she is an independent contractor for whom no Federal or State Income Tax will IR deducted by
the Department, and for whom no retirement benefits, survivor benefit insurance, group life insurance, vacation
and sick leave, and similar benefits available to State employees will scare. The Provider further understands
that annual information returns, as required by the Internal Revenue Code or State of Maine Income Tax Law,
will be filed by the Slate Controller with the Internal Revenue Service and the State of Maine Bureau of
Revenue Services, copies of which will be famished to the Provider for his/her Income Tax records.
4. INDEPENDENT CAPACITY In the performance of this Agreement, the parties hereto
agree that the Provider, and any agents and employees ofthe Provider shell act in the capacity of an independent
contractor and not as officers or employees or agents ofthe State.
5, DEPARTMENT'S REPRESENTATIVE The Agreement Administrator shall be the Department's
representative during the period of this Agreement. He/she has authority to curtail services if necessary to
ensure proper execution. He/she shall certify to the Department when payments under the Agreement are due
and the amounts to be paid. He/she shall make decisions on all claims of the Provider, subject to the approval
of the Commissioner of the Department.
6. AGREEMENT ADMINISTRATOR All progress reports, correspondence and related
submissions from the Provider shall be submitted to:
Sam Morris
Senior Plamrer
Waste Management and Recycling Program
Maine Some Planning Office
38 State House Station
Augusta, ME 04333-0038
who is designated as the Agreement Administrator on behalf of the Department for this Agreement, except
where specified otherwise in this Agreement.
]. CHANGES IN THE WORK The Department may order changes in the work, the Agreement
Amount being adjusted accordingly. Any monetary adjustment or any substantive change in the work shall be
in the form of an amendment, signed by both parties and approved by the State Purchases Review Committee.
Said amendment must be effective prior to execution of the work.
AGREENEM FOR SPECIAL SERVICES Page ] of 12
98-421
& SUB -AGREEMENTS UNess provided for in this Agreement, no arrangement shall be
made by the Provider with any other party for furnishing any of the services herein contracted for without the
consent and approval of the Agreement Administrator. Any sub -agreement hereunder entered into subsequent
to the execution of this Agreement must be amrotated "approved" by the Agreement Administrator before it is
reimbursable hereunder. This provision will not be taken as requiring the approval of contracts of employment
between the Provider and its employees assigned for services thereunder.
9. SUBLETTING ASSIGNMENT OR TRANSFER The Provider shall not sublet, sell, transfer,
assign or otherwise dispose of this Agreement or any portion thereof, or of its right, title or interest therein,
without written request to and written consent of the Agreement Administrator. No subcontracts or trarisfer of
agreement shall in any case release the Provider of its liability under this Agreement.
10. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the
Provider agrees as follows
a. The Provider shall not discriminate against any employee or applicant for employment relating to
this Agreement because of race, color, religious creed, sex, national origin, ancestry, age,
physical or mental disability, unless related to a bore fide occupational qualification. The
Provider shall take affirmative action to ensure that applicants are employed and employees are
treated during employment without regard to their race, color, religion, sex, age, national origin,
or physical or mental disability.
Such action shall include but not be limited to the following: employment, upgrading,
demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of
Pay or other farms of compensation; and selection for training including apprenticeship. The
Provider agrees to post in conspicuous places available to employees and applicants for
employment notices setting forth the provisions ofthe nondiscrimination clause.
b. The Provider shall, in all solicitations or advertising for employees placed by or on behalf of the
Provider relating to this Agreement, stare that all qualified applicants shall receive consideration
for employment without regard to race, color, religious creed, sex, national origin, ancestry, age,
physical or mental disability.
C. The Provider shall send to each labor union or representative of the workers with which it has a
collective bargaining agreement, orother agreement or understanding, whereby it is furnished
with labor for the Performance of this Agreement a notice to be provided by the contracting
agency, advising the said labor union or workers representative of the Providers commitment
under this section and shall post copies of the notice in cospicuo s places. available to
employees and applicants for employment.
d. The Provider shall inform the contracting Department's Equal Employment Opportunity
Coordinator of say discrimination complaints brought to an external regulatory body (Maine
Human Rights Commission, EEOC, Office of Civil Rights) against their agency by any
individual as well as any lawsuit regarding alleged discriminatory practice.
AGREEMENT FOR SPECIAL SERVICES Page 8 of 13
98-421
C. The Provider shall comply with all aspects of the Americans with Disabilities Act (ADA) in
employment and in the provision of service to include accessibility and reasonable
accommodations for employees and clients.
f. Contractors and subcontractors with contracts in excess of $50,000 shall also pursue in good
faith affirmative action programs.
g. The Provider shall cause the foregoing provisions to be inserted in any subcontract for any work
covered by this Agreement so that such provisions shall be binding upon each subcontractor,
provided that the foregoing provisions shall not apply to contracts or subcontracts for standard
commercial supplies or raw materials.
IL EMPLOYMENT AND PERSONNEL The Provider shall not engage any person in the
employ of any State Department or Agency in a position that would constitute a violation of 5 MRSA § 18 or IJ
MRSA § 3104. The Contractor shall not engage on a full-time, pan -time or other basis during the period of this
Agreement, any other peracand who are or have been at any time during the period of this Agreement in the
employ of any State Department or Agency, except regularly retired employees, without the written consent of
the State purchases Review Committee. Further, the Provider shall not engage on this project on a full-time,
pan -time or other basis during the period of this Agreement any retired employee of the Department who has
not been retired for at least one year, without the written consent of the State Purchases Review Committee.
The Provider shall cause the foregoing provisions to be inserted in any subcontract for any work covered by this
Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing
provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
12. STATE EMPLOYEES NOT TO BENEFIT No individual employed by the State at the Ctme this
Agreement is executed or any time thereafter shall be admitted to any share or pan of this Agreement or to any
benefit that might arise therefrom directly or indirectly that would constitute a violation of 5 MRSA § 18 or 17
MRSA § 3104. No other individual employed by the State at the time this Agreement is executed or any time
thereafter shall be admitted to any share or pan of this Agreement or to any benefit that might arise therefrom
directly or indirectly due to his employment by or financial interest in the Provider or any affiliate of the
Provider, without the written consent of the State Purchases Review Committee. The Provider shall cause the
foregoing provisions to be inserted in any subcontract for any work covered by this Agreement so that such
provisions shall be binding upon each subcontractor, provided:that the foregoing provisions shall not apply to
contracts or subcontracts for standard commercial supplies or raw materials.
13. WARRANTY The Provider warrants that it has not employed or convected with any company or
person, other than for assistance with the normal study and preparation of a proposal, to solicit or secure this
Agreement and that it has not paid, or agreed to pay, any company or person, other than a bona itt& employee
working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration. contingent upon, or resulting firm me award for making this Agreement. For breach or violation
of this warranty, me Department shall have the right to annul this Agreement without liability or, in its
98-421
AGREEMENT FOR SPECIAL SERVICES Page 9 of 12
discretion to otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent Re.
14. ACCESS TO RECORDS The Provider shall maintain all books, documents, payrolls, papers,
accounting records and other evidence pertaining to this Agreement and make such materials available at its
offices at all reasonable times during the period of this Agreement and for such subsequent period as specified
under Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP) rules. The
Provider shall allow inspection of pertinent documents by the Department or any authorized representative of
the Slate of Maine or Federal Government, and shall famish copies thereof, if requested.
15. TERMINATION The performance of work under the Agreement may be terminated by the
Department in whole, or in part, whenever for any reason the Agreement Administrator shall determine that
such termination is in the best interest of the. Department. Any such termination shall be effected by delivery to
the Provider of a Notice of Termination specifying the extent to which performance of the work under the
Agreement is terminated and the date on which such termination becomes effective. The Agreement shall be
equitably adjusted to compensate for such termination, and modified accordingly.
16. GOVERNMENTAL REQUIREMENTS The Provider warrants and represents that it will comply
with all governmental ordinances, laws and regulations.
17. GOVERNING LANYThis Agreement shall be governed in all respects by the laws, statutes, and
regulations of the United States of America and of the State of Maine. Any legal proceeding against the State
regarding this Agreement shall be brought in State of Maine administrative or judicial Rumors. The Provider
consents to personal jurisdiction in the State of Maine.
18. STATE HELD HARMLESS The Provider agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims, costs, expenses, injuries, liabilities, losses and
damages of every kind and description (hereinafter in this paragraph referred to as "claims") resulting from or
arising out of the Performance of this Agreement by the Provider, its employees, agents, or subcontractors.
Claims to which Ibis indemnification applies include, but without limitation, the following: (i) claims suffered
or incurred by Pay contractor, subcontractor, enunciation, laborer and any other person, from, corporation or
other legal entity (hereinafter in this paragraph referred to as "person") providing work, services, materials,
equipment or supplies in connection with the performance of this Agreement; (ii) claims arising out of a
violation or infringement of any proprietary right copyright, trademark, right of privacy or other right arising
out of publication, translation, development, reproduction, delivey, weor disposition of any data, information
or other matter famished or used in connection with this Agreement (iii) Claims arising out of a libelous or
other unlawful matter used or developed in connection with this Agreement; (iv) claims suffered or incurred by
any person who may be otherwise injured or damaged in the performance of this Agreement; and (v) all legal
costs and other expenses of defense against any assented claims to which this indemnification applies. This
indemnification does not extend to a claim that results solely and directly from (i) the Department's negligence
or unlawful act, or (ii) action by the Provider taken in reasonable reliance upon an instruction or direction given
by an authorized person acting on behalf of the Department in accordance with this Agreement.
19. NOTICE OF CLAIMS The Provider shall give the Contract Administrator immediate notice in
writing of any legal action or suit filed related in any way to the Agreement or which may affect the
performance of duties under the Agreement, and prompt notice of any claim made against the Provider by any
98-421
AOftEEMEN'r FOR SPECIAL SERVICES Page 10 of 12
subcontractor which may result in litigation related in any way to the Agreement or which may affect the
performance of duties under the Agreement.
20. APPROVAL This Agreement must have the approval of the State Controller and the State Purchases
Review Committee before it can be considered a valid, enforceable document.
21. LIABILITY INSURANCE The Provider shall keep in force a liability policy issued by a company
fully licensed or designated as an eligible surplus line insurer to do business in this State by the Maine
Department of Professional & Financial Regulation, Bureau of Insurance, which policy includes the activity to
be covered by this Agreement with adequate liability coverage to protect itself and the Department from suits.
Providers insured through a "risk retention group" insurer prior to July 1, 1991 may continue under that
arrangement. Prior to or upon execution of this Agreement, the Provider shall furnish the Department with
written or photocopied verification of the existence of such liability insurance policy.
22. NON -APPROPRIATION Notwithstanding any other provision of this Agreement, if the State does
not receive sufficient funds to fund this Agreement and other obligations of the State, if funds are
de -appropriated, or if the State does not receive legal authority to expend funds from the Maine State
Legislature or Maine courts, then the State is not obligated to make payment under this Agreement.
23. SEVERABILITY The invalidity or unenforceability of any particular provision or year thereof of
this Agreement shall not affect the remainder of said provision or any other provisions, and this Agreement shall
be continued in all respects as if such invalid or unenforceable provision or part thereofhad been omitted.
24. INTEGRATION All terms of this Agreement are to be interpreted in such a way as to be consistent
at all times with the terms of Rider B (except for expressed exceptions to Rider B included in Rider C),
followed in precedence by Rider A, and any remaining Riders in alphabetical order.
25. FORCE MA.IEURE The Department may, at its discretion, excuse the performance of an obligation by
a party under this Agreement in the event that performance of that obligation by that party is prevented by an act
of God, act of war, not, Ere, explosion, flood or other catastrophe, sabotage, severe shortage of fuel, power or
raw materials, change in law, court order, rational defense requhemenq or strike or labor dispute, provided that
any such event and the delay caused thereby is beyond the control of,, and could not reasonably be avoided by,
that party. The Department may, at its discretion, extend the time period for performance of the obligation
excused under this section by the period of the excused delay together with a reasonable Period to reinstate
compliance with the terms of this Agreement.
26. SET-OFF RIGHTS The State shall have all of its common law, equitable and summary rights of
set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of
set-off any monies due to the Provider under this Agreement up to any amounts due and owing to the State with
regard to this Agreement, any other Agreement, any other Agreement with any Stare department or ages.,
including any Agreement for a tern commencing prior to the term of this Agreement, plus any amounts due and
98-421
AGREEMENT FOR SPECIAL SERVICES Paye tl of 12
owing to the State for my other reason including, without limitation, tax delinquencies, fee delinquencies or
monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State
practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its
representatives, or the State Controller.
27. ENTIRE AGREEMENT This document contains the entire Agreement of the parties, and neither
party shall be bound by any statement or representation not contained herein. No waiver shall be deemed to
have been made by any of the parties unless expressed in writing and signed by the waiving party. 'The parties
expressly agree that they shall not assert in any action relating to the Agreement that any implied waiver
occurred between the parties which is not expressed in writing. The failure of any party to insist in any one or
more instances upon strict performance of Any of the terms or provisions of the Agreement, or to exercise an
option or election under the Agreement, dull not be consumed as a waiver or relinquishment for the future of
such terra, provisions, option or elation, but the same shall continue in full force and effect, and no waiver by
any party of any one or more of its rights or remedies under the Agreement shall be deemed to be a waiver of
any prior or subsequent rights or remedy under the Agreement or at law.
AGREEhIPM FOR SPECIAL SERVICES PagaR wE!
RIDER D
Additional Requirevnent(s)
Capital Investment Grant Awards are required to utilize recycled content paper for printing
grant related materials and compost or reclaimed soil products wherever feasible, applicable,
and environmentally permitted.
name and title, Provider representative
STATE OF MAINE
EXECUTIVE DEPARTMENT
STATE PLANNING OFFICE
3E STATE HOUSE STATION
AUGUSTA, MAINE
PNaVSEMNGJP. 06331.0039 EVAN O. HCHEW.NeP
October 10, 1998
to: All Capitol Investment Grant Award Recipients
ft: Sam MORIs, Grants Administrator
re: Introduction to your Grant Contract
Enclosed you will find the draft grant concert document.
It is a standard State of Maine Armerient to Purchase Services contract that we have modified
to fit the requirements of the 981 Recycling Capital Investment Oram award.
There are four(4) copies of the contract enclosed. Please sign and return all four copies.
cover page
1.) you will need to fill in the employer ID R
2.) A Person with the authority to sign the contract needs to sign at" name and fitle, provider
representative."
3.) please note met although the Department has left the starting and ending dates blank for
you to fill in, we expect all projects to be concluded within the next 12 to 18 months. Any
extension beyond this time frame will require a written request by the provider and approval by
the Department.
page 2; Rider A "Work to be Performed."
1.) project description.
2.) a schedule of milestones; Usk listing and when you are going to do the tasks. The schedule
listed will he taken from the grant application with the understanding that actual dates for Usk
completion may very slightly from projected dates. Please note any changes you make to the
schedule in a letter to the Department when you muen the Signed contract.
3.) project budget.
page 3; Rider B "Method of Payment and Other Provisions."
1.) states how much we are agree to pay.
2.) payment procedures; process for applying for funds and documentation of expenses.
3.) the name and address of the giant administrator.
4.) termination procedures for grant money in cases of misrepresentation or failure to proceed
5.) requirements for the local match.
Other.) all the provisions of the standard State Contract.
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AGREEMENT FOR SPECIAL SERVICES Page 2 of 12
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AGREEMENT MR SPECIAL SERVICM Page 3 of 12
RIDER
SPECIFICATIONS OF WORK TO BE PERFORMED
Coen lD#981-09
City of Bangor
Project Title: Recycling Revisited
Estimated Schedule for Completion
Items 12,3,4, and 6 not funded muter this prmn
S. Recycling bins 11/98
]. Composting bins 12/98
8. Newsletter 10/98
9. Backyaui composting training 04/99
10. Advertising 04/99
AGREEMEM FOR SPECIAL SERVICES Page 4 of 12
RIDER
SPECIFICATIONS OF WORK TO BE PERFORMED
Grant ID k 981-09
City of Bangor
Project Title: Recycling Revisited
Project Budget
Item: Requested Allowed
I. Engineering
51,200.00
$0.00
2.Admin.
S 300.00
$0.00
3. Barriers & Dividers
$20,500.00
$0.00
4.Catch Basin
$3,000.00
$0.00
5.Recycling bins
$3,200.00
$3,200.00
6.BY Composting Bins
$3,000.00
$3,000.00
7. Plow
$3,700.00
$0.00
8. BY Composting newsletter
$1,500.00
$1,500.00
9EY Composting training
$ 500.00
$ 500.00
10. Advertising
$ 600.00
$ 600.00
Total Allowed
$8,800.00
Local Share (5001e)
$4,400.00
State Shire (50%)
$4,400.00
AGREEMErrriOR SPECIAL SE0.VICE5 Poe 5 of 12
RIDER B
I AGREEMENT AMOUNT $4,400.00
The Department will pay the Provides as follows:
A.) The Department will make payments and reimburse the Provider from paid invoices only. All
invoices mart be accompanied by a "Request for Payment" form.
B.) Loral Match Requirement The Provider shall have delivered evidence that it has available, or has
made arrangements satisfactory to the Department to obtain sufficient funds in Pay that portion (at least
Sift) of the Project costs for which it is legally obligated end which will not Paid or reimbursed by the
Department hereunder.
Local Match Amount $4,400.00
C.) Breach and Termination. The parties agree mat in the event either parry breaches any obligation
under this Agreement or any representation made hereunder is untrue in any material aspect the other
party will have the right to take any action under law or in equity it may have to enforce the payment of
ours due or the performance of any obligations to be performed hereunder, including tits right of
termination upon RReen days notice to the breaching perry.
D.) Voluntary Discontinuance. The provider may upon prior written notice to the Department, and
subject to the Department's approval, discontinue construction, installation, or acquisition of the project
E.) Recoupment of Department Monies. In the event that the Provider, without good cause shown to
the Department fails m proceed expeditiously with the project; fails to complete the project as approved;
fails to commence operation of the project upon its completion; disposes of the projector any portion
thereof, without the advance written approval of the Department;
changes the use of me project or any portion thereof wittiest the advance written approval of the
Department the Provider shall pay to the Department an amount equal to me sum of all monies
previously paid to she provider pursuant to this Agreement or an equitable portion of such monies as the
Department determines is reasonable under the cimumsmncn.
In the event of such a breach of this Agreement, the provider agrees to tum over to the Department upon
its request, all Papers, records, and documents related to the project in its possession.
Payments are subject on the Providei s compliance with all the items set frth in this Agreement and
$object in the availability of fads. The Department will process approved payments within 30 days.
3.) pioneer Administration and Repom
Projects must be completed within eighteen (18) months of the signing of the grant contract, unless
extended by the State Planning Office. Grant contracts will extend for seven years beyond the
completion of Ne work. Should the Provider decide to Rnnimte fie project prior to this, the Provider will
reimburse the Department for grant funds expended on the project.
Providers are required to submit periodic reports on the progress and effectiveness of the project Such
reports will be submitted quarterly during the first year of operation and annually thereafter.
CAPITAL ENVESTMENT GRAM 991 Exbibit forRiderB
Maine State Planning Office
Request For Payment
I. IDENTIFICATION
11. USE GNUV
a onntID'.
a4P, oauq Bann
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heals eEry NR ar80_
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IV. PAYMENT ITEMS: %esse vmvA a may of pwnAx orderinvala. Periµ or olAu o ldheaa of eupendilwe far each ium facts no
Imm Item Ear,maon Ittm Ammlt of Sea ReAueu ITE CEE ONLY
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V. CERnEIunOM.
I Cemb uww me knofm.w..leeae tna lnmrmmion am.izeam.e'I edmnead meal ewenae"I'le nwe In eaawdanr wiu ueVAIIIIIenenL
INM ratty tNu bora mnle'ushm enoumuslacends woimhuw Malf area pop fa mirdpem eoodmrxrviaewimin mrte baroness days of
deparmnE me Sum i paymem chink.
AGREEMtM FOR SPECIAL SERVICES Page 6 of 12
3. BENEFITS AND DEDUCTIONS If the Provider is an individual, the Provider understands and
agrees that he/she is an independent contractor for whom no Federal or State Income Tax will be deducted by
the Department and for whom no retirement benefits, survivor benefit insurance, group life insurance, vacation
and sick leave, and similar benefits available to State employees will Seems. The Provider further understands
that annual information returns, as required by the Internal Revenue Code or State of Maine Income Tax Law,
will be filed by dm State Controller with the Internal Revenue Service and the State of Maine Bureau of
Revenue Services, copies of which will be famished to the Provider for his/her Income iax records.
4. INDEPENDENT CAPACITY In the performance of this Agreement, the parties hereto
agree that the Provider, and any agents and employees of the Provider shall act in the capacity of an independent
contractor and not as officers or employees or agents of the State.
5. DEPARTMENT'S REPRESENTATIVE The Agreement Administrator shall be the Department's
representative during the period of this Agreement He/she has authority to curtail services if necessary to
ensure proper e*rmufion. He/she shall certify m the Department when payments under the Agreement are due
and the amounts to be paid. He/she shall make decisions on all claims of the Provider, subject to this approval
of the Commissioner of the Department
6. AGREEMENT ADMINISTRATOR All progress reports, correspondence and related
submissions from the Provider shall he submitted to:
Sam Mortis
Senior Planner
Waste Management and Recycling Program
Maine State Planning Office
38 State House Station
Augusta ME 04333-0039
who is designated as the Agreement Administrator on behalf of the Department for this Agreement, except
where specified otherwise in this Agreement.
7. CHANGES IN THE WORK The Department may order changes in the work, the Agreement
Amount being adjusted accordingly. Any monetary adjustment or any substantive change in the work shall be
in the form of an amendment, signed by both parties SuW approved by the State Purchases Review Committee.
Said amendment must be effective prior to execution of the work.
AGREEMENT FOR SPECIAL SERVICES Page ] at li
S. SIDYAGREEMENTS Utdess provided for in this Agreement, no arrangement shall be
made by the Provider with any other party for furnishing any of the services herein contracted for without the
consent and approval of the Agreement Administrator. Any sub agreement hereunder entered into subsequent
to the execution of this Agreement must be annotated "approved" by the Agreement Administrator before it is
reimbursable hereunder. This provision will not be taken as requiring the approval of contracts of employment
between the Provider and its employees assigned for services thereunder.
9. SUBLETTING ASSIGNMENT OR TRANSFER The Provider shall not sublet, sell, transfer,
assign or otherwise dispose of this Agreement or any portion thereof, or of its right, title or interest therein,
without written request to and written consent of the Agreement Administrator. No subcontracts or transfer of
agreement shall in any case release tlse Provider of its liability under this Agreement.
10. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the
Provider agrees as follows:
R. The Provider shall not discriminate against any employee or applicant for employment relating to
this Agreement because of race, color, religious creed, sex, national origin, ancestry, age,
physical or mental disability, unless related to a bona fide occupational qualification. The
Provider shall take affirmative action to emure that applicants we employed and employees are
treated during employment, without regard to their race, color, religion, sex, age, national origin,
or physical or mental disability.
Such action shall include but not he limited to the following: employment, upgrading,
demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of
pay or other forms of compensation; and selection for training including apprenticeship. The
Provider agrees to past in conspicuous places available to employees and applicants for
employment notices setting forth the provisions of this nondiscrimination clause.
b. The Provider shall, in all solicitations or advertising for employees placed by or on behalf of the
Provider relating to this Agreement, state that all qualified applicants shall receive consideration
for employment without regard to race, color, religious creed, sex, national origin, ancestry, age,
physical or mental disability.
C. The Provider shall send to each labor union or representative of the workers with which it has a
collective bargaining agreement, or other agreement or understanding, whereby it is famished
with labor for the performance of this Agreement a notice to be provided by the contracting
agency, advising the said labor union or workers representative of the Providers wmmitment
under this section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The Provider shall inform the contracting Department's Equal Employment Opportunity
Coordinator of any discrimination complaints brought to an external regulatory body (Maine
Human Rights Commission, EEOC, Office of Civil Rights) against their agency by en,
individual as well as any lawsuit regarding alleged discriminatory practice.
AGREEMENT FOR SPECIAL SERNCFS Pqe 9 of12
e. The Provider shall comply with all aspects of the Americans with Disabilities Ad (ADA) in
employment and in the provision of service to include accessibility and reasonable
accommodations for employees and clients.
f Contractors and subcontractors with contracts in excess of $50,000 shall also pursue in good
faith affirmative action programs.
g. The Provider shall cause the- foregoing previsions to be inserted in any subcontract for any work
covered by this Agreement so that such provisions shall be binding upon each subcontractor,
provided that the foregoing provisions shall not apply to contracts or subcontracts for standard
commercial supplies or mw materials.
11. EMPLOYMENT AND PERSONNEL The Provider shall not engage any person in the
employ of any Smte Department or Agency in a position Nat would constitute a violation of 5 MRSA § IS or 17
MRSA § 3104. The Contractor shall not engage on a full-time, pan -time or other basis during the period of this
Agreemew any other personnel who are or have been at any time during the period of this Agreement in the
employ of any State Department or Agency, except regularly retired employees, without the written consent of
the State Purchases Review Committee. Further, the Provider shall not engage on this project on a full-time,
pan -tune or other basis during the period of this Agreement any retired employee of the Department who has
not been retired for at least one year, without the written consent of the State Purchases Review Committee.
The Provider shall cause the foregoing provisions to be Inserted in any subcontract for any work covered by this
Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing
provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
12. STATE EMPLOYEES NOT TO BENEFIT No individual employed by the State at the time this
Agreement is executed or any time thereafter shall be admitted to any share or pact of this Agreement or to any
benefit that might seise therefrom directly or indirectly Naz would constitute a violation of 5 MRSA § IS or 17
MRSA § 3104. No other individual employed by the State at the time this Agreement is executed or any time
thereafter shall be admitted to any share or part of this Agreement or to any benefit then might arise therefrom
directly or indirectly due to his employment by or financial interest in the Provider or any affiliate of the
Provider, without the written consent of the State Purchases Review Committee. The Provider shall cause the
foregoing provisions to be inserted in any subcontract for any work covered by this Agreement so that such
provisions shall be binding upon each subcontractor, pmvidedabat the foregoing provisions shall not apply to
contracts or subcontracts for standard commercial supplies or mw materials.
13. WARRANTY The Provider warrants that it has not employed or contracted with any company or
person, other than for assistance with the normal study and preparation of a Proposal, to solicit or secure this
Agreement and that it has not paid, or agreed to pay, any company or person, other than a bona fide employee
working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon, or resulting from the award for making this Agreement. For breach or violation
of this warranty, the Department shall have the right to sued this Agreement without liability or, in it
AGREEMENT FOR SPECIAL SERVICES Page 9 of li
discretion to otberwise recover the fall amount Of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
14. ACCESSTORECORDS The Provider shall maintain all books, documents, payrolls, papers,
accounting records and other evidence pertaining to this Agreement and make such materials available at its
offices at all reasonable times during the period of this Agreement and for such subsequent period as specified
under Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP) rules. The
Provider shall allow inspection of pertinent documents by the Department or any authorized representative of
the State of Maine or Federal Government, and shall furnish copies thereof, if r quested.
15. TERMINATION The performance of work under the Agreement may he terminated by the
Department in whole, or in parr, whenever for any reason the Agreement Administrator shall determine That
such termination is in Ne best interest of the Department. Any such termination shall be effected by delivery to
the Provider of a Notice of Termination specifying the extent to which performance of the work under the
Agreement is terminated and the date on which such refulgence becomes effective. The Agreement shall be
equitably adjusted to compensate for such termination, and modified accordingly.
Ib. GOVERNMENTAL REQUIREMENTS The Provider warrants and represents that it will comply
with all governmental ordinances, laws and regulations.
17. GOVERMNG LAWThis Agreement shall be governed in all respects by the laws, statutes, and
regulations of one United States of America and of the Scale of Mame. Any legal proceeding against the State
regarding this Agreement shall be brought in State of Maine administrative or judicial forums. The Provider
consents to personal jurisdiction in the State of Maine.
18. STATE HELD HAILMLESS The Provider agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims, costs, expenses, injuries, liabilities, losses and
damages of every kind and description (hereinafter in this paragraph referred to as "claims') resulting from or
arising out of the performance of this Agreement by the Provider, its employees, agents, or subcormentors.
Claims to which this indemnification applies include, but without limitation, the following: (1) claims suffered
or incurred by any contactor, subcontractor, materiahnam laborer and any other person, firm, corporation or
other legal entity (hereinafter in this paragraph referred to as "person") providing work, smites, materials,
equipment or supplies in contraction with the performance of this Agreement (ii) claims arising out of a
violation or infringement of any proprietary right, copyright trademark, right of privacy or other right arising
out of publication, translation, development reproduction, delivery, use, or disposition of any data, information
or other must Famished or used in contraction with this Agreement; (iii) Claims arising out of a libelous or
other unlawful matter used or developed in connection with this Agreement; (iv) claims suffered or incurred by
any person who may be otherwise injured or damaged in the performance of this Agreement; and (v) all legal
costs and other expenses of defense against any asserted claims to which this indemnification applies. This
indemnification does not extend to a claim that results solely and directly from (i) she Department's negligence
or unlawful act, or (ii) action by the Provider taken in reasonable reliance upon an instruction or direction given
by an authorized person acting on behalf of the Department in accordance with this Agreement.
19, NOTICE OF CLAIMS The Provider shall give the Contract Administrator immediate notice in
writing of any legal action or suit filed related in any w v to the Agreement or which may affect the
performance of duties under the Agreement, and prompt notice of any claim made against the Provider by any
AGREEMENTFORSPECIALSERWI Page 11 of 13
owing to the State for any other reason including, without limitation, tax delinquencies, fu delinquencies or
monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State
practices including, in cases of set-off pursuant to an audit, the finalization ofsuch audit by the State agency, its
representatives, or the State Controller.
27. ENTRtE AGREEMENT This document contains the entire Agreement of the parties, and neither
party shall be bound by any statement or representation not contained herein. No waiver shall be deemed to
have been made by any of the parties unless expressed in writing and signed by the waiving party. The parties
expressly agree that they shall not assert in any action relating to the Agreement that any implied waiver
occurred between the parties which is not eapessed in writing. The failure of any party to insist in any one or
more instances upon strict performance of any of the terms or provisions of the Agreement, or to exercise an
option or election under the Agreement, shall not be construed as a waiver or relinquishment for the fume of
such terms, provisions, option or elections, but the same shall continue in full farce and effect, and no waiver by
any party of any one or more of its rights or remedies under the Agreement shall be deemed to be a waiver of
any prior or subsequent rights or remedy under the Agreement or at law.
AGREEMENT FOR SPECIAL SERVICES Not 10 of 12
subcontractor which may result in litigation related in any way m the Agreement or which may affect the
performance of duties under the Agreement.
20. APPROVAL This Agreement must have the approval of the State Controller and the State Purchases
Review Committee before it can be considered a valid, enforceable document.
21. LIABILITY INSURANCE The Provider shall keep in force a liability policy issued by a company
fully licensed or designated as an eligible surplus line insurer to do business in this Sate by the Maine
Department of Professional & Financial Regulation, Bureau of Insurance, which policy includes the activity to
be covered by this Agreement with adequate liability coverage to protect itself and the Department from suits.
Providers insured through a "risk retention group" insurer prior an July 1, 1991 may continue under that
arrangement. Prior to or upon execution of this Agreement, the Provider shall Mmisb the Department with
mitten or photocopied verification of the existence of such liability insurance policy.
22. NON -APPROPRIATION Notwithstanding any other provision of this Agreement, if the State does
not receive sufficient funds to fund this Agreement and other obligations of the State, if funds are
de -appropriated, or if the State does not receive legal authority to expend funds from the Maine State
Legislature or Maine courts, then the State is not obligated to make payment under this Agreement.
23. SEVERABILITY The invalidity or menforcemility, of any particular provision or pan thereof of
Us Agreement shall not affect the remainder of said prevision or any other provisions, and this Agreement shall
be command in all respects as if such invalid or unenforceable provision or part thereoflrad been omitted.
24. INTEGRATION All terms of this Agreement are to be interpreted in such a way as to be consistent
at all times with the terms of Rider B (except for expressed exceptions to Rider B included in Rider C),
followed in precedence by Rider A, and any remaining Riders in alphabetical order.
25. FORCE MAdEURE The Department may, at its discretion, excuse the performance of an obligation by
a party under this Agreement in the event that performance of that obligation by that party is prevented by an act
of God, act of waz, dot. fire, explosion, Rood or other catastrophe, sabotage, severe shortage of fuel, power or
raw materials, change in law, court order, national defense requirement, or strike or labor dispute, provided that
any such event and the delay caused thereby is beyond the control of, and ceuld not reasonably be avoided by,
that party. The Experiment may, at its discretion, extend rbe time period for performance of the obligation
excused under this section by the period of the excused delay together with a reasonable period to reinstate
compliance with the terms of this Agreement
26. SET-OFF RIGHTS The Sate shall have all of its common law, equitable and statutory rights of
set-off. These rights shall include, but not be limited to, the State's option to withhold for the proposes of
set-off any monies due to the Provider under this Agreement up to any amounts due and owing to the State xith
regard to this Agreement, any other Agreement, any other Agreement with any State department or agencv.
including any Agreement for a term commencing prior be the term of this Agreement, plus m5' amounts due and
AGREEMENF FOR SPECIAL SERVICES Pagejg 0(13
RIDER D
Additional Requirement(s)
Capital Investment Gran[ Awards are required to utilize recycled content paper for printing
grant related materials and compost or reclaimed soil products wherever feasible, applicable,
and eavirormmntally permitted.
name and tide, Provider representative