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HomeMy WebLinkAbout1986-04-28 86-184 ORDERIntroduced by Councilor Brown, April ?8, 1986 CITY OF BANGOR (nffLE.) Mrber -Authorizing the c ty Manager to Execute a_Grant Agreement with the Maine Department of Human Services - Maternal --'""arid Ch 'I3'H'eaI Eh grogram --- By GHV Gatoil of Mo Oft of Bangor: 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 Department of. Human 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 Maternal and Child Health Program services to patients seen at the Bangor Health Department. In City Council April 28,1966 86-184 I ORDER Cjty Cle [k TltlA 'p Authorizing the City Meager to Esselte �n N a Grant Agreement with the Mine DepartmentC q. ...................................... Of x n Services Natemal and Chile Health Program Introduced and filed by councilman GRANT NO 510.1E OF WINE Ammar 86-184, RPARIIEXI Of NAY! SERVICES EILIMER 812, Si nn Bnlsim RE N1rzRNAL NOR CHILD HEALTH M. XO. STANDARD LA<NT PDREEMENT 1.yMARVINONE Maternal and Child Health Program 2. fl10GRPN NSMY XNE ND Nb25s (rAAMIE[) Bangor Department of Health and Welfare 103 Texas Ave. Bangor, Maine 04401 3. PROGRAM DIRECTOR PatriciaBond in 947-0341 x 329 p. EEPPRIMNI'S GRRNI NOWI£R Meredith Tipton, MPH TEt. 289-3311 5. PROGRAM STMT DATE 6. MGM CURKETION UAW July 1, 1986 June 30 1907 7. GRANT PAYMNTS TO PROUM AGENCY A. TOIPE When M GRANT... 1_b$,n5] nn CARRYOVER E n- , W PAIHEM iC1ELVE: INFTIN PANENT.:. E 15,513.25 INSTALMENTS: w3_ -MIMNQM E 15,513.25 C. APMPRIAIIBN OM ACTIVITY COC 0. EHurtBRMPI AMOUNT ...... f 62.053 00 NU A. EXECUTION M GRANT AGREEMENT HIE STAGE OF MAIM CEPANIMNT OF MAPN S MICEs (DEPARTMENT) NID TIC GRAHIEE RNVE ragoomO 1X15 GRANT AGREDENI ON THE RATES MREIN SPECIFIED. dMRE EEP0.4TENl R APRON SERVICES A OURISD 51GWTOF RETE DEPUTY COMMISSIONER WIE A [fPM1KX1's BEV HEY A. FTOU M D. CCGLL W NMMISIBAIIVC E. MVIEM COMATE C. BURET State of Maine Department of Human Services Bureau of Health Division of Maternal W Child thalth At a duly authorized meeting of the Board of Directors 'of - held on ane or urganization) it was voted that (A): of this organization, be authorized to execute contracts/grants in the terse of, and on behalf of said organization; and tbat (B).: Name Title of this organization, be authorized to submit vouchers against this contract/ grant. (Name) title Board of Directors (&BIMCH-oll) Revised 1/84 STATE OF PETER DEPARTMENT OF HUMAN SERVICES DIVISION OF MATERNAL AND CRILD SMUTS ARTICLES OF AGU HENT The State of Naine, Department of Human Services, hereinafter referred t0 a the "Department- and the of Ban Ox Maine hereinafter referred to as the 'Grantee' enter into this Agreement and, in consideration Of the Payments and agreements hereinafter mentioned, the Department and the Grantee agree to comply with all terms and conditions set forth in this Agreement. The following are the terms Of the Agreements 1. m GRANT This Grant consists of the Articles Of Agreement, Rider A -Specification Of Work to be Performed, and Rider 8 -The Budget Section. This grant contains the entice agreement of the parties and neither party shall be bound by. any statement or representation not contained herein except as provided for in Article 15. 3. ADTRORIEATION The Grantee represents that it possesses legal authority t0 enter into a. Grant agreement with the Departme tt that arsolution, motion or similar Ms action has base duly adopted or passed a official act Of the Grantee's governing body, authorising execution of the Grant agreement and directing and authorizing the person identified as the official representative Of the Grantee, to act i connection with the Grant and to provide such additional information as may be required. 1. TERM OF GRANT This Grant is effective commencing duly 1 1986 and ending Imp. in 1962 unless terminated earlier as provided herein. a. GRANT AIWGNP Grant Award of S 62,053.00 is conditional On the availability of State and Federal funds. During the period of this Agreement. the Grantee shall Obligate/spend no more than $62 053.00 to carry out the Program activities. The. Grantee is responsible for any funds expended or obligated that exceed the Agreement amount. Funds unobllgated at the termination of the Grant period must be returned to the Department. 5. PERFORMANCE OF WDAR The Grantee will use the funds granted by the Department for the purpose Of carrying out the program described In Rider A. 6. INDEPENDERT CAPACITY "a Grantee and her/his agents and employees are acting i n independent capacity and not a officer, employees, o agents of the State. Grantee understands that aha/he will a retirement benefits, vacation, sick - leave or any other benefits availabletoState employees. ]. PAYMENTS The Department will make Payment In advance to the Grantee in fgu installments; however, the Department reserves s the right to withheld payment if e required reports a not sudnitted according to schedule or where there is underexpenditure ofr budgeted funds o uMerdelivery of services amounting to twenty (20( percent or more of total grant for three consecutive months. rim The Department has designated a person as -Grant Manager who will ho the Department's representative during the period of this Grant. She/he will approve all payments to be made under this Grant and has the authority to stop the Program or redirect the work if necessary to insure satisfactory results. 9. ReP9xt5 A. Service Record seta Requirements Grantees are required to provide service data to their assigned Grant Manager. H. Quarterly Reports - Reports are due forty-five (45) days after each quarter Grant - period. These reports Will consist of: 1. A description of the accomplishments of the Program in narrative, tabular and/or graphic form for fast period. 2. A fiscal report indicating income and expenditures by line item, for that period. The year end report shall reflect the activities of the entire Grant period. C. Other Reports yne Grantee agrees to sohmit to the Department such reports as the Department may request in order to monitor and evaluate the term of the grant agreement. - 10. OFRICASBIP A. When assets acquired with Grant funds are (a) sold, (b) on longer' available for use in the Program or (c) used for purposes not authorized by the Department, the repartrent's equity in the asset Will bu refunded in the same proportion as its participation in its cost. In the event any. assets are traded on new items, only the net cost of the newly acquired assets is allowable. - 11. PUBLICITY All notebook, plana, working papers, audio and visual materials, art Work or other work produced in the performance of GMs agreement are the property of the Department and upon request shall be turned Ovef to the repart ent. Such work products shall not be subject to application for copyright or trademarks by of on behalf of the Geentee, nor shall the Grantee publish, display, or otherwise distribute any of the work product or the results ofthework without written permission of the .Grant Manager. Its Grantee agrees that any publication resulting from the performance of this Agreement shall include the following wording on its title page: 'ate program upon which this publication is based es performed with funding from the Division Of Maternal and Child Health, BUreau of Health, Maine Department of Human cervices." 11. REQUIRED P8i0POS A. Financial Records The Grantee agrees to maintain independent records, hooka. Payrolls, documents and ether evidence and accounting procedures and practices which sufficiently and accurately document costa attributed to the operation of the Program. - S. Program Records "a Grantee agrees to maintain records necessary to document all services provided to clients. C. Capital Equipment The Grantee agrees to maintain an inventory of all capital equipment purchased under this Agreement. ' 13. ACCESS TO PECOPOS The Grantee will make the above records available to the Department's Grant Manage[, the Department's Auditors, the State Auditor, and Federal Auditor at the Grantee's headquarters at any reasonable time during the duration of the Program and for the three -yea[ Period after the Program's completion or for one year after an audit is settled by Federal and/o[ state officials. 14. SUBCONTRACTING The Grantee will not issue any subcontracts for work required by the Program unless approved In the Program plan or otherwise approved in writing by the Department's Grant Manager. 15. CHANGES IN THE P.IXKBAN PUN Changes in the scope, method, or finances of the Program which require a significant departure from the approved Program plan must be approved in advance and in writing by the repartment's Grant Manager. The Department's Grant Manage[ may order changes in the Program plan if she/he deems that such changes are required for successful Completion of the Program. If a change ceder issued by the Department's Grant Manager requires a change in the total funds required for completion of the Program the Department will make a equitable adjustment of funds. Prior approval is required for budget changes in excess of 108 or $1000 (whichever is greater) in any budget category. 16. WQ &MPtAYl041T OPPOREUNITY The Grantee will cause e the foregoing provisions to be inserted in any subcontracts far any workm red by this agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts oc subcontracts for standard commercial ' supplies or caw materials. The Grantee agrees not to discriminate against any employee or applicant for employment on this Programbecause Of race, color, a religious creed, ethnic origin, ancestry, or physical d ental handicap except when related to a bona fide occupational qualification[ m A. Written Plan Grantee agencies with 15 or more employees must have a written plan for affirmative action signed by the chief executive officer of the agency which contains the following: 1. A general statement of commitment to equal employment opportunity with an affirmation that the agency will not discriminate in hiring,' promotion, training, layoffs, termination or any other personnel action or policy. This statement must be distributed to employees and recruitment sources add a record kept of the documentation. 2. The designation of the offical who is responsible for the affirmative action plan and EEJ policy. All advertisements for employment by the Grantee will bear a statement of ETual Opportunity Employment. B. Other Requirements In addition to having a written statement and designated affirmative action officer the Grantee must: 1. Lxampne its personnel policies and procedures and correct any which nay appear to discriminate even if there is not intent to do an. 2. seviaw its work force to evaluate the effectiveness of the agency's affirmative action program and to identify instances where there may have been failures to carry out affirmative action. Alien instances of discrimination are discovered they must be corrected and the correction documented. C. Notice of Employment Opening The Grantee, or any subcontractor holding a. contract directly under the Grantee, shell, when suitable employment openings are anticipated or occur, forward to the Regional Manager of the Division of Welfare Employment a completed "Notice of Employment Opening". The Regional Manager will in tum notify regional offices of the Bureau of Rehabilitation, and Bureau of Maim's elderly of the employment opening in order that qualified handicapped, elderly and APDC recipients nay he referred on a first source basis for consideration for hire. Such referrals, or notice test there will be no referrals, will be made within 5 days of receipt by the contact person of the "Notice of Employment opening 1. The Grantee may simultaneously advertise publicly and list with the Employment Security commission Maine Job Service for such vacancies. The Grantee will interview the candidate or candidates that it determines W he most qualified amongthosereferred by the contact person. This provision shall not apply to employment openings which the Grantee, or any subcontractor holding a contract under the Grantee, proposes to fill from within its ova organization. 1]. TRAVEL Prior notification is required for any travel out-of-statue or out-of-country. Reimbursement for mileage and other travel expenses shall be based. upon Grantee agency travel Policy. Mere w policy exists, state rates shall apply. 18. SEAMDARDS OF CMB Grantee agencies providing preventive services to clients shall use the Bureau of Health's Standards of Preventive Well Qild Care and other professional standards of conduct where they apply. _ 19. TEGKIMTIW Zither party hereto may, by giving at least thirty days written notice, terminate this Agreement. upon termination or expiration of this Agreement, aa provided herein, the Grantee shall incur no further costs. The Grantee agrees to liquidate all approved Costs incurred during the period of the Agreement within six months of the termination or expiration date. Any such termination shall not affect any obligations of liabilities incurred by either party prior to such termination. 20. evALOATIG9 The Department either directly at through a contract agent, may conduct evaluation studies on the effectiveness, efficiency, quality and/o[ outcome of [vices delivered by the Grantee. The Department agrees to notify the Grantee n advance of the initiation of such an analysis. The Grantee shall provide access to staff, program records and administrative information as requested by evaluation staff in accordance with the Department's confidentiality policies. 21. LICENSING AM MEER GTANDAaDS - In order to ase the health and safety of those persons Served under this grant as wellasquality of the services, both parties shall comply with all requirements as to licensure, certification permits, or accreditations for the operation of facilities for the provision of services s specified he[ , including regulations promulgated by the Department, Federal, State and Local Governments. Grantee employees who drive in performance of this grant shall have valid license to drive. 22. SEEMED The Grantee will obtain and maintain at all times during the grant period a fidelity bond covering the activities of all employees who handle Grantee - funds in the amount of 20% of the Grantee's gloss annual budget or the total amount of the grant, whichever is less. 23. ID IYICATION Grantee will defend and hold harmless the State and its officers and employees against PDP damages of losses suffered by any person, firm, or corporation in Connection with the performance of the work under this Agreement. 24. INaDPANCA The Grantee further agrees that In a[de[ to protect itself as well as the Department under the indemnification agreement set forth aWve, that it will at all times during the scant period insure that there is in farce liability issued by a company authorised to do business in this State, and in the area covered by this Contract, and licensed by the State Insurance Division which provides adequate liability coverage to protect both the Grantee and the Department from injury or damage suite arising from any accidents. Prior to or upon the execution of this grant the Grantee shall furnish the Department with written verification of the existence of such liability insurance ce stage. In the event that any action, suit, or proceeding is brought against the Department an any matte[ herein indemnified against, the said Department as Soon as practical shall c notice in writing thereoftobe given to the Grantee by certified mail addressed to the Grantee's address shown herein., "a Grantee shall also maintain adequate insurance during the grant period to protect capital equipment from fire or thefts. 25. CpNPIO6NPIALITY In conformance with Federal and State statutes and regulations, the Grantee as well as the Department guarantee the protection of information of a Confidential nature regarding all persons served under the terms of this grant, a including the proper c custody, a and preservation of records, papers, files, communications of the agency and any such atber Items Nat my reveal confidentialinformationof persona served through this grant. 26. STATE MEDICINE PARTICIPATION A. State Employees Not TO Benefit _ 1. The Grantee shall not employ in the performance of this grant on full-time, part-time or other basis during the period of this grant any professional or technical personnel who are or have been at any time during the period of this grant in the employ of the Department inept regularly retired employees, without the written consent of the Department. Further, the Grantee shall not employ on this program n a full-time, part-time or other basis during the period of this grant any retired employee of the Department who has not been retired for at least one year, without the written consent of the Department's Contract Review committee. 2. No individual employed by the State at any time during the grant of t nor such individual obtashall be in or be entitled to anny share or y benefitsthat may arise therefrom either at the time this grant is ax ecuted or at any time during the term of this contract, directly Orindirectly due to his employment by or financial interest in the Grantee Or any affiliate of the Grantee without the written consent of the Department. The limitation of this provision shall not extend to situations where the financial interest of the employed individual is as a shareholder in a corporation, the stock of which is publicly held (i.e., is held by one hundred or more shareholders). - 3. Not withstanding the above restrictions, State employees who meet eligibility criteria as specified in Aider A are eligible to receive services n Ecothe Grantee under the contract. B. Conflict of Interest No officer, members Or employees of the Department and no other public official of the governing body of the State or locality in which. this grant is being carried out, who exercises any functions or responsibilities in the planning, development, review or approval of the undertaking or carrying out of this grant shall (q particiate in any decision relating to this contract, which affects his or her personal interest or the interest of any corporation, partnership, or assocation in which she or he is directly or indirectly interested/ or (bl have any interest, direct or indirect in this grant or the proceeds thereof; orserve as an Ic) officer of the Board of Directors of any corporation, partnership at association related to this grant without the written comment of the Department. 21. ggpORTIMG SOSPMCI9G ABO58/NBGLBCT The Granteeagrees that when any staff in its employ urese this grant has reasonable cause, pursuant to 22 MRSA 4011, and 22 MRSA 34]] and 3419, to aspect that a child or adult has been or is likely to be abused Or neglected. the Grantee will cause report to be made, unless the factual basis for knowing o suspecting abuse or neglect Mmes from treatment of a person responsible for Ge child or adult, the treatment was ought by that person for a problem of abuse or neglect and there is little threat of serious harm to the child or adult. 28. FAIR BeARINGS Recipients may appeal grievances concerning the Operation of the service program [tied out under this Agreement. ca The Grantee will adviseapplicants for, b recipients of, services o n individual acting on behalf of a applicant or recipient, of their right to appeal denial, or termination of a [vice provided under this Agreement, Or failure to act upon a request for service with reasonable promptness. 29. AGRERmENT SNTTLWUTNT 0pon termination or expiration of this Agreement, all Mpartment of Human Services revenues received by the Program, that are in excess of the expenses reported, shall bereturned to the Department. 30. dIVIL RIGHTS The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-351) and all requirements imposed by the regulations of Na Department of Health and Human Services, and the Department of Justice (28 CPR Parts 42 and 50) issued pursuant to that Act and the regulations, to the effect that, no person in the United States shall, on the grounds of race, color, religion, age, national origin, or handicap, be excluded from participation in, be denied the benefits of, or be otherwise Subject to discrimination under any program or activity for which the program applicant received Federal financial assistance and hereby gives assurance that it will immediately take any measures necessary to effectuate thisAgreement.