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
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......................................
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.