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Home My WebLink About1997-07-28 97-343 ORDER_ COUNCIL ACTION Item No 97-343 Date: 7-2899 IteMSubject: ORDER: Authorizing Consulting Contract with Kadd Muvay--Clty Nursing Facility Responsible Departrneut: City Manager Commentary: As you me aware, Anne White has been appointed Interim City Nursing Facility Administrator. in order to receive a mmporary administratols license, Ms. Wlilte must have available to her a minimum of hours of consulting services from a licensed administrator. Kadd Murray, our prior adminstrabor, has agreed to meet this requirement The attached Consulting Contend would not only meet the State licensing requirement but will allow us to continue to utilize Kaila's expertise during due interim period as we seek apermanent admivistra[or. I would recommend your approval Department Read _ Maoeger'a Comments: .�,vr.yrvu {'saa •,aMuur.l a.r�nAsl�+.+rw�. o(+777P.sw� t� City Msosger Order, Contract Budget Approval: Fioznce merger Legal Approval: WO '. City some %Zuced for S Passage _First Reading - Page _of_. _Referral 9I-343 Assigned to ilor Leen July 26, 1997 CITY OF BANGOR (TITLE.) (Orlbert ............... Authorizing Consultant Contract witit Kathi Murray -City Nursing Facility By the City Coariei!offs My OfBaaayr; ORDERED. MT the City Manager is bereby auffimzed to enter into awnsulting coptwot with Katbi Murrey for consulting services required by the City Nursing Facility and to med the licenswe requimnents ofthe Stale of Maine. AcopyofWeoont=tis tt re hb . IN CITY COUNCIL July 28, 1997 97-343 Passed 0 R 0 E R Title, Authorizing Consultant Contract TY ERK - with Kathi Murray - City Nursing Facility .......................e.............. A gored to .............. - Councilman CONSULTING CONTRACT 97-343 BETWEEN THE CITY OF BANGOR AND KATHI MURRAY This Agreement is made the 17th day of lune 1997, by and between the City of Bangor (hereinafter the "OWNER') and Kathi Murry (hereinafter the "CONSULTANT"). WITNESSETH: WHBRBAS, the OWNER requested Consulting Services, the parties do hereby agree as follows: I CONSULTANT agrees to provide a minimum of eight (8) hours per week of consultant and advisory services he the City of Bangor and to Awe White, Interim City Nursing Facility Arromm stor, regarding the operation of the Citys Nursing Facility. Such consulting services shall include but not necessarily be limited to the following: day to day administration and operation of the facility, labor and employee relations, patient care, reimbursement and financing issues, future plawing, and any other area required to assist Awe White in maintaining her Interim Facility Administration license from the State of Maine. 2. STAISMARDOF CARE Services performed by CONSULTANT under this Agreement will be conducted in a mower consistent with the level of name and skill ordinarily exemised by members of the profession cunendy practicing uader similar conditions. No other warranty, expressed or implied, is made. 3 Contract period shall be Rom July 17,1997 wtit such time as apermanent facility administrator a appointed and commences work. q, COMFFNaATION; OWNER shall pay CONSULTANT for services rendered at the rate of Thirty Dollars ($30.00) per boo, for each hour or pro -rata portion Nereofthat CONSULTANT is actually engaged in performing services under this Agreement. The specified hourly rate "I constitute CONSULTANTs total compensation for services provided, and CONSULTANT shall he solely responsible for paying all applicable income motes, insurance, and social security taxes due on the compensation amount In addition, CONSULTANT shall be solely responsible for payment of all novel expenses and other expenses incident to CONSULTANTS performance of the services provided under this Agreement. CONSULTANT shall receive no compensation for travel to and from the City's Nursing Facility; but in the event the services to be provided under Us Agreement requite CONSULTANT to travel to locations other than the Citys Noming Facility, CONSULTANT shall be compensated for such novel at the specified hourly rate, plus twenty- nine came (290) per mile for use ofCONSULTANT's personal vehicle or the CONSULTANTs actual cost of other travel amangements. - 5. O.WNFB H iIMFNTC All reports, field data, and other documents prepared by CONSULTANT shall remain the propertyof CONSULTANT. Copies ofall such documents will be made available to OWNER upon request CONSULTANT understands and agrees that all documents and materials provided the OWNER hereunder are or maybe public documents and as such will be available generally to the public. The OWNER has no responsibility for any we which may be made of them by any third party and the OWNER may use them for any lawful purpose. CONSULTANT will retain all pertinent records relating to the services performed for a period of does (3) years, during which period the records will be made available to OWNER at all reasonable times. b. TFnMINATICNL This Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial £ailuro by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure bas been rend ied before expiration of the period specified in the written notice. In the event of termination, CONSULTANT shall be paid for services performed prior to the terruination notice. 7.. ASSIGNS: Neither OWNER or CONSULTANT may delegate, assign, sublet or humidor their duties or interest in this Agro ment.without the written emose nt of the other party. 8.. NON� Except as expressly provided in this Agreement the failure or waiver, or successive failures or waivers on the pan of either party hereto, in the enforcement of any Condition, Covenant, or Section shall not render the same invalid, or impair the right of either party hereto, them successors or permitted assigns, to enforce the same in the event of any subsequent breach [hereof. 9. NOT[f'.FC. All notices required or permitted under this Agreement shall be in writing and shall be deemed sufficiently served if sent by First Class Mail addressed as follows, or such other address as they may designate in writing from time to time: To OWNER: To CONSULTANT: Anne White, Interim Administrator Kathi Murray City Nursing Facility 215 Maple Street 103 Texas Avenue Bangor, ME 04401 Bangor, ME 04401 FMMMFT' YY 9)-343 Any disputes arising out of or in the course of this Agreement which ere not settled by mutual agreement of the parties may be resolvM by litigation which shall be brought in Maine Superior Court for Penobscot County. This Agreement shall be govemed by and construed in accordance with the laws of the State of blame. ago• ur• .a Y. CONSULTANT shall comply with all applicable Federal, state and local statutes, ordinances and regulations in irs performance hereunder. CONSULTANT agrees to amend this Agreement, if necessary, to comply with such law or rephations. .YY aY Y : ,Nd{t.VIS This Agreement represents the entire and integrated Agreement between OWNER and CONSULTANT and supersedes and replaces all terms and conditions of any prior Agreement, arrangements, negotiations, or representations, written or oral with respect to Otis Agreement. This Agreement may only be modified by writtev agreement of the parties. 13 OWNER hereby represents and warrants that it has taken all necossary procedural and legal steps as pupated under state, local and fedeml laws and regulations for the purpose of authorizing the execution of this Agreanent, and that the execution of this Agreement by the OWNER'S agent renders this Agreement avalid and binding document on the part of the OWNER and is fully enforceable in all of its terms and conditions by CONSULTANT. IN WITNESS WHEREOF, OWNER has caused this Agreement to be signed by Edward A. Barren, City Manger, theeunto duly authorized, and CONSULTANT has caused this Agreement to be signed by Rathi Murray, the day and date fust written above. WITNESS: CITY OF BANGOR (OWNER) Edward A. Barrett City Mamge WITNESS: gathi Murray ketlusm