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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 $ $