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1995-12-11 96-62 ORDER
29 COUNCIL ACTION Item No. 96-62 Date November 27. 1995 Itam/Subject: Authorizing execution of Contract Agreement for Work Services -- OHI d/b/a OHI Program/Work Services Responsible Department: Legal OHI, a non-profit agency located in Brewer, has contacted the City of Bangor with an offer to provide supported work services to the City's Public Services Department. Such work Would be in connection with recycling, material handling and grounds maintenance services to be billed on an hourly basis. Services would be provided commencing in January, 1996. The attached Council Order would authorize execution of an agreement with OHI. A copy of the proposed agreement is also attached. Department Head YU Manager's COaysertts: uJQ VW .uq�O/n;+N.nd� u4mtwD �agvm,�a or w.0 Al City Manager Associated Information: Order, Proposed Contract Budget Approval: Finance Director Legal Approval: City Solicitor Introd�u/ced For Passage First Reading Referral (Muni Opus) Page 1 of 6 96-62 36 Amipwd to Councilor Woodcock December 11. 1995 _p CITY OF BANGOR (ETLU I®rbtr .. Antho icing Execution of Contract Agreement for Work Services -- OHI d/b/a OHI Program/Work Services BY Nn My ConroH Of 40 Ciq OfBsnwn ORDERED. THAT The City Manager is hereby authorised on behalf of the City of Bangor, to execute an agreement with OHI, d/b/a Program/WorkServices, a copy of which is attached to this Order. IN CITY COUNCIL' December 11, 1995 Peeved CITY CLERK 96-62 ORDER ..Title, .Authorizing Execution of Contract Agreement for Work Services - OHI d/b/a ` Program/work Services ....................................... &,, ja, Awiged to T ..&�...... Councilman 'OHI PRCGRBM/WORK SERVICES 146 Parkway South, Brewer, Maine 04412 999-6418 or 989-6410 1c9=. 19?6 PROGRAM CALENDAR ' JULY 5 M T W T F S 1 X X 5 6 s 9 10 li 12 13 IQ 15 16 17 18 l9 20 21 22 L3 >f X X 2C 33 29 On 31 OCTOBER S M T W T F s 1 2 3 4 (1 7 9 X 10 it 12 1, 14 15 .6 17 16 19 20 21 22 23 24 25 26 27 28 29 30 31 5 M T W T F S 2 34 6 7 8 9 10 11 it 1E 14 i'+ 15 17 18 19 GO 21 22 25 24 25 26 27 28 29 30 31 APRIL S M T W 7{ s l 2 3 4 V 6 7 E 9 10 11 12 13 14 $3. X)v< -X x20 21 22 77 24.25 26 27 25 29 30 1995 AUGUST 5 M T W T F 5 1 2 3 ® ` 6 J 8 9 10 11 12 IR 14 15 16 17 16 19 20 21 22 23 24 25 26 NOVEMBER S M T W T 5 1 2 4 = 6 7 6 F 11 12 13 14 15 16 17 18 19 20 21 22 .>B 'SC r5 26 27 28 29 30 1996 FEBRUARY 4 5 6 7 E 10 11 12 13 14 15 16 17 1B ➢ i4x aft X 24 25 26 27 28 29 S M T W T 6 5 1 2 4 5 6 7 8 9 10 11 12 13 14 Ie 16 17 1G 19 20 21 22 23 24 25 26 X 25 29 30 31 SEPTEMBEG 5 M T W T F 5 2 3 y 5 6 7 e 10 11 12 13 14 1 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 EECEMBER S M T W T F s 3 4 5 6 7 9 1J 11 12 13 1,@122 lE 17 10 k 20 21 22 21 23 24 X 3GE X 24 2E 3u 31 5 M T W T© 5 £ - b 10 IR 12 13 =; 152_- 17 1b 19 20 -27 24 25 26 27 28 Z9 29 .iU zl JUNE S M T W T F 5 1 6 O 9 9 10 11 t2 -e. j? 15 16 17 19 19 0vl 22 23 24 25 2£ 27 26 2. 30 DAY SESSIONS BEGIN AT 9:00am AND END AT 2:OOpm EVENING SESSION BEGINS AT 2:00pm AMC ENDS AT 7tOOpm WEEKENDS = no program; O = staff day; % = program closed OHI Business Office - 2B Freedom Parkway, Herm . Maine 04401 648-5804 This calendar is subject to change in the evert of inclement weather or other emergencies. If in question as to whether program is = - n sesion call the business office for information. Everyone should anticipates possible adjustment in this calendar (replacing staff days With program days) if more than three days are lost. 96-62 e CONTRACT AGREEMENT FOR WORE SERVICES THIS AGREEMENT, executed in duplicate, this day of 1995, by and between: The CITY OF BANGOR, a body politic and corporate, duly organized and existing under and by virtue of the laws of the State of Maine, and located in Bangor, Penobscot County, Maine (hereinafter the "CITY") and OHI, d/b/a OHI PROGRAM/WORK SERVICES, a private non-profit agency located in Brewer, Penobscot County, Maine (hereinafter "P/W SERVICES"1. WITNESSETH WHEREAS, the CITY and P/W SERVICES wish to enter into a agreement for the provision of work services by P/W SERVICES to the CITY) NOW, THEREFORE, in consideration of the above recital and of the reciprocal obligations and responsibilities herein undertaken, the Parties mutually agree as follows: ARTICLE I WORE SERVICES IN SERVICES agrees to provide to the Public Services Department of the CITY recycling, material handling, grounds maintenance, maintenance services and any other work services agreed upon by the parties, on an as needed basis, said need to be determined by the CITY. P/W SERVICES will provide no work services during such times designated on Exhibit A attached hereto and incorporated by reference herein. ARTICLE IE OMPENSATION CITY shall pay to P/W SERVICES Five Dollars and Seventy Cents ($5.70) per hour for work services performed. P/W SERVICES shall be considered for all purposes of this Agreement to be an independent contractor. P/W SERVICES shall be responsible for payment and/or withholding of wages, income taxes, FICA taxes, unemployment and workers' compensation insurance, and all other expenses related to its employees who perform work services for the CITY. P/W SERVICES shall bill CITY monthly for work services performed during the previous calendar month. 96-62 3Z AR ICLB III INSURANCE Ouriag the term of this Agreement and any extensions of renewals hereof, PM SERVICBE shall provide and maintain COM prehens SVO general liabioorOccurrence nsura efor all activitiesuto be not leas than $300,000.00 p conducted pursuant Yo this Agreement. Tna CITY shall be name as iti an adtlitional insured on all aucT policies of iasvof insce- anc SERVICES shall fursaid certr£icatee CoeprOvidetthetf cancellations or evidence thereof, mod ifiea30 Of aB=dQ=nsritten aOticen to CIT4effective without thirty ( ) Ys P w n ARTICLE IV 9EMIFICATION To the fullest extent permitted by law, IN SERVICES shall defend, indemnify and save Cha Ylen d 4C3 wand CITYin employees in and agents from and again corporation (s) arising frem work services any peraon(a), fir(s) orb p/w $ERVICEE• agents performed by or conduct of P/WncludIngsall claims by or in behalf on employees or any of them, Fox this purpose, Iant or eP/W of P/W SERV CES'. ags mployees. SBxVICES hereby expzesa ly waivea any and all ixmunity fro judgment or suit it may otherwise enjoy under'tihe MainewChazitabl0 a nsautniioty Act of 1992, 30-A MRSA 5 101 et seeor other provisions Of Is statute, 14 MRSA $5 138 and 158-A, ARTICLE V AMER CANS WITHISAEI I IES ACT IADA1 to e s performing work P/SERVICES shall saryde tindividualized adaptive services to 'to CITY with any necessary Disabilities Act equipment as may be required by the AMEandequipment (ADA)/W CIW SEslto per£ormrovide othe work services. necessary LE VI TERM ANO RENEWAL ution and This Agreement shall become effecti1996ponniscAgreement may shall be deemed in force through June 30' lat of each calendar be renewed for annual terms commencing Y year Is iatelyeemenithexthe pa fails tohcomply withtits aterms. irate Imme if -2- ARTICLE VII NOTICES 96 -fit Notices to the CITY shall be sufficient if sent by registered or certified mail, return receipt requested, postage prepaid, addressed to: Director of Public Services, City of Bangor, 73 Harlow Street, Bangor, Maine, 04401{ and notices sent to P/W SERVICES shall be sufficient if sent by registered or certified ail, return receipt requested, postage prepaid, addressed to; OHI, 146 Parkway South, Brewer, Maine, 04412, or to such other respective addresses as the parties may designate to each other in writing from time to time. ARTICLE VIII EXECUTION OF AGREEMENT The parties hereby represent and warrant that they have taken all necessary and legal steps as required under all state, local and federal laws and regulations for the purpose of authorizing the'excution of this Agreement and that execution of this Agreement by Edward A. Barrett, City of Bangor City Manager, and Linda L. Huntington, Administrative Director of OHI Program/Werk Services, respectively, renders this Agreement a valid and binding document on their respective parts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF BANGOR By Edward A. Barrett Title City Manager OHI d/b/a OHI PROGRAM/WORE SERVICES By Witness Title -3-