HomeMy WebLinkAbout1987-12-28 88-61 ORDER88-61
Introduced by Councilor Sullivan, December 28, 1987
CITY OF BANGOR
QjTLEJ WICDPTe--AntbQrUin4....khe...City... Manager to Execute_ a. Grant. Agreement
with the Maine State Oeoartment of Human Services - Iumanization
BV Be City CwuB of the GYN ofBaft o .
ORDERED, _
THAT the City Manager, on behalf of the City of Bangor, is
hereby authorized and directed to execute a Grant Agreement with
the Maine State Department of Hunan Services, a copy of which is on
file in the Office of the City Clerk, and to take all other
necessary action, including execution of documents and contracts,
for the purposes of providing Immunization clinical services to
patients seen at the Bangor Health Department.
88-61
ORDER t
In city Council necemer 29,1967 Title, 4a7 023P412
passe
Autborizing C city Manager to E4ecutei'O'Lu -RGua
/ ................................4444. CIiY Y ClE0.M
ci clerl F` a Giant Agieerent with [ha Maire State til
44 .....4..44...4 ....................
DeparGnent of Mman Services Lmuniaticn
Clinic
i Introduced
'^U�^ nd filed by
......
Oouncilman
STATE OF S
Standard Agrement Summary Page
]apartment Human Servi /Bureau or PlvlsivnHealth
Some of Commity. Agency Bangor Project Nae/No. M1' ldh prn'ect
p were„ -e Agency Fiscal Your 7/1 - 6110
Addreae 103 Texas Avon,, Employer ID / 0160020
Bangor, M4in, 04401 Agreement rmtes from 1/1/88
to 12/31/88
Appr^P/ Account No. Amount Sneemhrznea 418
1, 530,000
2.
3.
4.
6.
y.
Type of Comity Agency
(complete appropriate statement)
1. An iuLivfdual doing haziness as
2. A partmership
3. A corporation of the State of
x 4. Other; Municipality
NANg OF L=
Typa'of Agreement
— Nm
x Nuneeal
_ Aeadmnt
_
Supplement
Page I of _9
STATE OF MAINE
STANDARD AGREEMENT
THIS AGREEMENT, made this 28th day of December , 19 87, is by and
between the State of Maine, n.WL hereinafter called ,
"Department," and - g , hereinafter
called "contractor."
Me principal office of the Contractor Is located at (street,
city, state, zip): 1 3
Bangor, ME 04401
The Employer Identification Number of the Contractor is
016-0020
IRS or Social Security Number
WITNESSETH, that for and in consideration of the payments and agreements
tractor hereby inaagrfter
mentioned, to be made and performed by the Department,
es
with the Department to furnish all qualified personnel, facilities services, anddy
services and in consultation with the Departmenq per into
projects describedinRider A. The following riders are hereby incorporated
this contract by reference:
Rider A - Specifications of Work to be Performed
Rider B - Payment and Other Provisions
Rider E - If Applicable
IN WITNESS WHEREOF, the Department and the Contractor, by their representatives duly
authorized, have cuted this agreement in (Number) originals as of
the day and year first above written•
APPROVED AS TO FORM: DEPARTMENT;
Date: . 19 Human Services
Department Name
by: By'
Attorney General Authorized Signature
Typed Nene and Title
STATE fONTIRC1.I.ER CONPRAC1YlR:
Bangor Dept. of
Health 6 Welfare
Contractor Name
By:
Aut fidylifind Signature
Th 5 11 Arc:nm city
Typed Name and Title Manager
STANDARD AGREEMENT Page 2 of 9
RIDER A
SPECIFICATIONS OF WAR TO BE PERYORHPJI
(Federal and State fwd sources shall be identified Including agency mm, catalogue
ember and agreement member. Compliance requirements shall be summarized andlar
referemced.)
The Bangor City Childhood Immunization Project will begin
its ninth year of operation January 1, 1988. The staff of the
Project is comprised of a full-time Health Educator. The
Director of the Bangor Department of Health and Welfare will
serve as the Project Supervisor and grant manager.
This Project focuses its attention primarily on Penobscot
and Piscataquis Counties and secondarily on Aroostook, Wash-
ington, Hancock, Franklin, Northern Kennebec, Knox, Somerset and
Waldo Counties.
Project efforts will be monitored through monthly reports
and periodic staff meetings. The Health Educator will make any
programmatic recommendations to the Director of the Maine State
Immunization Program and will assist all new staff hired to the
State Immunization program.
The main objectives of the Project for 1987 are to:
(1) Continue the promotion of the Mothers of Newborn
Education Effort through site visits, telephone
calls, mailings and provision of videotapes to
hospitals in the nine
unties. New educational
materials which a added to the Mothers of Newborn
Education Effort will be distributed appropriately.
(2) Continue the promotion of the State of Maine Official
Immunization Record Card through distribution to hos-
pitals, physicians and agencies that serve children.
(3) Maintain standardized immunization practices by pro-
vision
of technical assistance to physicians, school
and public health nurses, hospitals and other public
and private health care providers. questions which
arise are reported to the Raine immunisation Program
State Office, and written documentation of appropriate
courses of action are provided in response to the
concerns.
(4) Promote the SMURF tickler system for private physicians
to implement. Promotion of this system would be
initially conducted in Penobscot County and spread to
the other Counties in the Project area. The system
has been developed by the Immunization field staff
and is nearly ready for use.
(5) Contact parent groups of Day Care Centers and Head Start
Programs to provide immunization education through public
speaking and presentation of workshops.
(6) Continue working with the wIC Programs to insure maintenance
of imunization record checks and that referrals aremade
when necessary.
(7) Conduct public speaking engagements, develop and present
workshops, participate in health fairs and continue to
design health and immunization education efforts,
materials and PSA's (including those PSA's disseminated
n August and September to acknowledge the school im-
munization law and parental cooperation).
(S) Provide immunization education to the Passamaquoddy
Indian Health Services
(9) Assist the effort to eradicate measles, mumps, rubella,
polio, tetanus, diphtheria and pertussis in the State
of Maine by confirming diagnosis and assessing outbreak
locations. Appropriate action will beimplemented by
Project Staff.
STANDARD AGREEMENT Page 3 of B
RIDER B
PAYMENT AND OTHER PROVISIONS
1. CONFRACT PRICE.
2. MOICES AND PAHDgr1S. Payment shall be made by the Department within 15 days
after receipt of an approved itemized invoice submitted by the Contractor upon
his usual billing forms or business letterhead.
3. BEFITS AID DEDUCTIONS. If the Contractor is an individual, the Contractor
understands and agrees that he is an Independent Contractor for whom no Federal
or State Income Tax will be deducted by the Department, and for wham no
retirement benefits, survivor benefit insurance,
a
, group life ins vacation
and sick leave, and similar benefits available to State employees will accrue.
The Contractor 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 State Controller with the Internal Revenue Service and the State of Maine
Bureau of Taxation, copies of which will be furnished to the Contractor for his
Income Tax records.
4. IIiDOPEIDEIT CAPACITY. The parties hereto agree that the Contractor, and any
agents and employees of the Contractor, in the performance of this agreement.
n
shall act In a independent capacity and not as officers or employees ormagents
of the State.
5. CEMERACp ADHERESTEAMR. All invoices, progress reports, correspondence and
related submissions from the Contractor shall be directed to:
Name. Dennis T rix,
Title: Director, Inm zation Program
Address: State House, Station 11 -
who is designated as the Contract Administrator on behalf of the Department for
this contract.
6. DEPARTMENT'S REPAESYNTATIVE. The Contract Administrator shall be the
Department's representative during the period of this agreement. He has
authority to stop the work if necessary to ensure its propel execution. He
shall certify to the Department when payments Order the contract are due and
the amounts to be paid. He shall make decisions on all claims of the
Contractor, subject to the approval of the Head of the Department.
y. CHANCES II! TBH won. no Department may order changes in the work, the
um
contract sbeing adjusted accordingly. All such orders and adjustments shall
be in writing. Claims by the Contractor for extra cast must be made in writing
and signed by the Contract Administrator before executing the work involved.
STANDARD AGREEMENT Page 4 of 9
8. p8 W OF PgXEORNANLE. The Contractor shall (check one as applicable):
A. Work when called by the Department.
B. Use due diligence to complete the work within a reasonable time.
C. Complete the work no later than
D. If the work is not completed by
Contractor shall pay Department as follows
9. SOgCCNTRACIS. Unless provided for in this contract, to ontract shall be made
by the Contractor with any other party for furnishing any of the work or
services herein contracted for without the consent, guidanceand approval of
thContract Administrator. My subcontract hereunder entered into subsequent
to the execution of the contract must be annotated 'approved' by the Contract
.Administrator before it Is reimbursable hereunder. nis provision will not be
taken as requiring the approval of contracts of employment between the
Contractor and his employees assigned for services thereunder.
10. gUBI.E1T11aG, MSIUSpikeT OM1 TRANSFER. The Contractor shall not sublet, sell,
transfer, assign, or otherwise dispose of this agreement or any portion
thereof, or of his right, title or interest therein, without written request to
and written consent
ent of the Contract Administrator, except to a bank. Vo
subcontracts ortransfer of agreement shall in any case release the Contractor
of his liability under this agreement.
11. EM ffiOpMRIVN1Tf. During the performance of this contract. the
Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for
employment relating to this agreement because of race, color, religion
sed, sex, national origin, ancestry. age or physical handicap, unless
related to a bona fide occupational qualification. The Contractor will
take affirmative action to ensure that applicants a employed and
employees are treated during employment, without regard to their race,
n e
coloreligion, s age o national origin. Such action shall include
but not be limited to the following: employment. upgrading, demotions, or
transfersrecruitment or
recruitment advertising; layoffs o
terminations; rates of pay or other forms Of compensation; and selection
for training including apprenticeship. The Contractor agrees to post in
conspicuous places available to employees and applicants for employment
notices setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertising for employees
placed by or on behalf of the Contractor relating to this agreement, state
that all qualified applicants will receive
consideration for employment
without regard to r color, religious creed, sex, national origin.
ancestry, age or physical handicap.
STANDARD AGREEMENT Page 5 of 9
C. The Contractor will send to each labor union or representative of the
workers with which he has a collective or bargaining agreement, orother
contract o understanding, whereby be s furnished with labor for the
Performance of this contract, a notice. to be provided by the contracting
department or agency, advising the said Is bar union or workers'
representative of the Contractor's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
to applicant for employment.
d. The Contractor will cause the foregoing provisions to beinserted in any
subcontracts for any work covered by this agreement so thasuch
provisions
shall be binding upon each subcontractor, provided that the
foregoing pro ns [ shall not apply to contracts o subcontracts for
standard commercial supplies o rmaterials. TheContractor, or any
subcontractor holding a contract directly under the Contractor, shall. to
the maximum feasible, list all suitable employment openings with the Maine
Employment Security Commission. nis provision shall not oldfng aly
to
employment openings which the Contractor, orany subcontractor
ontract under the Contractor, proposes to fill from within its own
organization. Listing of such openings with the Employment Service
Division of the Maine Employment Security Commission shall involve only
the normal obligations which attach to such listings.
12. STATS EMPCxCdgS N To H@IEpTT. No individual employed by the State at the
time this contract is executed at any time thereafter shall beadmitted to any
shareor part of this contract or to any benefit that may arise
directly or indirectly due to his employment by or financials interest in the
Contractor orany affiliate of the Contractor. This provision shall not be
construed t extend to this contract if made with a corporation for its general
benefit.
13. YARRAMTy. The Contractor warrants
ants that it has not employed or written any
company or per other than a bona fide employee working solely for the
Contractor to solicit o re this agreement. anthat it has not paid, or
red to oiher thane bona fide
i ebmkerage forking
agreed Pay any tractor an Person,
solely for the contractor any fen, commission, c
gifts, or any ocher consideration, contingent upon, percentage,
resulting from the award
for making shall
agreement. For breach o violation of this warranty,liability
to
Department shall have the right
fr to annul conthisrac agreement consideration,
or o .
at its se recover he deduct from of confect price o percentage, or brokerage
recover the Lull amount of such fee, commrss to �npercentege,
'brokerage fee,vglfts, or contingent fee.
16. AOC85S TO RECORDS. The Contractor shall maintain all books, documents,
payrolls, papers, accounting records and other evidence pertaining to cost
incurred under this agreement and to make such materials available to their
officeat all [ n
reasonable times during the period of this agreement and for
three years from the date of the expiration of this agreement, for inspection
by the Department or any authorized representative of the State of Maine and
copies thereof shall be furnished, if requested.
STANDARD AGREEMENT Page Soy 9
15. AUDIT. Funds provided under this agreement are subject to the audit
requirements contained in the Maine Uniform Accounting and Auditing Practices
for Community Agencies (MAAP), and are further subject to audit by authorized
representatives of the Federal goverment.
16. TgiPDAATIO?1. The performance of work under the contract may be terminated by
the Department in whole, or, from time to time, inpartwhenever for any reason
the Contract Administrator shall determine that such termination is in the best
interest of the Department Any such termination shall be effected by delivery
to the Contractor of a Notice of Termination specifying the extent to which
performance of the work under the contract is terminated and the date on which
such termination becomes effective. The contract shall be equitably adjusted
to compensate for such termination and the contract modified accordingly. In
any event, this contract shall terminate on
December 31, 19 88
12. COVWWffi+TAE AgQUTA010i1'S. Me Contractor warrants and represents that all
governmental ordinances, laws and regulations shall be complied with.
IS. IMMINSTIMOrATIM AND PggyoRMANCg. This agreement shall be governed by the laws
of the State of Maine as to interpretation and performance.
19. OIN0150IP. All notebooks, plans, working papers, or other work produced in the
performance
of this contract are the property of the Department and upon
request shall be turned over to the Department.
20. STATM INS n 9AWD.PSS. The Contractor agrees to indemnify, defend and save
harmless the State, Its officers, agents and employees from any and all claims
and losses accruing or resulting to any and all contractors, subcontractors,
materialme . laborers and any other person, firm or corporation furnishing or
v
supplying work, services. materials or supplies in connection with the
performance of this contract, and from any and all claims and losses
accruing
or resulting to any per, ,firm o corporation who may be injured ordamaged
by the Contractor in the performance of this contract and against any
liability,rncluding costs and expenses for violation of proprietary rights,
rr
copyrights, o rights of privacy, arising out of publication, translation,
reproduction, delivery, performance, s m
r disposition of any data faished
under this contract or based on any libelous or other unlawful matter contained
in such data.
21. APPROVVAli. n" contract is subject to the approval of the Maine Attorney
General's Office and the State Controller before it can be considered as a
valid, executable document.
'STANDARD AOREINENT Page ) of 4
22. NONDISCRIHINATION. The Contractor will comply with the U.S. Department of Health
and Human Services, U.S. Dept. of Agriculture, and U.S. Dept. of Justice
regulations implementing Federal statutes that prohibit discrimination on the
basis of race,
x
color, national origin, se handicap, age and religion in
programa and activities receiving Federal financial assistance, as applicable:
45 C.P.R. Part 80, 1 C.P.R. Part 15, and 28 C.P.R. Parts 42 S 50, implementing '
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 42000d at sea.): 45 C.P.R.
Part 83 implementing Section 104 and 855 of the Public Health Service Act
(42 U.S.C. 6292d and 298b-2)( 45 C.P.R. Part 84, implementing Section 504 of
the Rehabilitation Act of 1923, as emended (29 U.S.C. $294){ 45 C.F.R. Part 86,
Implementing Title IR of the Education Amendments of 1972, as emended (20 U.S.C.
41681 at sea.){ 45 O.P.R. Part 91, implementing the Age Discrimination Act of
1915, as amended (42 U.S.C. 56101 at sea.) and 45 C.Y.A. Part 92,, implementing
block grant provisions of the Omnibus Budget Reconciliation Act of 1981
(42 U.B.C. g30W-0, 300x-1, 300y-9, 108, 8625. and 9906). In addition the
contractor Vill comply with the Maine Human Rights Act (5 MRSA 44551 at sea.).
23. MISS ACHBMMPNT. This contract contains the entire agreement of the parties,
and neither party shall be bound by any statement or representation not
contained herein.
Rider C
'fie Bangor City Health Department agrees that the public Health Educator
will be responsible for providing the following:
1) The itinerary for the week will be submitted in writing to the
Immunization program no later than M1etday morning of the week
during which the itinerary applies. The itinerary will indicate
time, place and scheduled activity to be performed. It Will also
Include the name of the person or group to be met with and a
telephone number where the educator may be reached.
2) Any changes in the itinerary will be called to the Immunization
program prior to the scheduled activity.
3) The itinerary and changes should be shared with the Director of the
Bangor City Health and Welfare Department.
4) The public Health Educator will prepare a monthly activity report,
which will in general, briefly state the significant
accomplishment(s) of the morning and afternoon of each Workday.
Me report is due no later than the 5th day following the close of
business of the month in which the activity occurred.
5) The public Health Educator .my spend up to 4-6 hours per week on
activities other than Immunization Programming. These events
should be reported on in the monthly activity report.
MIMI
STATE OF MAINE
DEPARTMENT OF HUMAN SERVICES
STANDARD GRANT BUDGET TORN
PROJECTED EXFEMIIVRES BY SOURCE OF INCOME
GRANT
STINT
GRANTEE
CATEGORY OF E%PEtR�ITURE
TOTAL
FUNDS
INCOME
CONTEIHUTION
1. Personal Services (list
No.
types of. positions)
Pus.
a. Full Time
Health Educator
24,908
24,908
b. Part Time
2. Travel
3,o0D
2,000
3. Disposable Supplies
L. Hent and/or Other Costs
of Space
725
725
5. Telephone
Other Utilities
7. Eauipsent (list durable
equipment items with
purchase cost in excess
of $100)
Printing
450
450
Postage
200
200
Training
Computer
200
200
9. Other (itemize)
e. Estimated Total Project
Cost
$ 30,000
$ 30,000
$
$