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HomeMy WebLinkAbout1984-02-13 84-92 ORDER84-92 Introduced by Councilor Brown, Febrvary 13, 1984 _ CITY OF BANGOR .:_:(TITLE) Mrbtrt......duCharizing. Execution of, Gonxranx.xith...Sxaxe n£ ...._Maine RePa.[Smen.C...o.£..kluman_. Sexvicea..-_Dental Services_ _......... By We aw Conoid of Us City ofBanoor: •., ... OFDFFFD, THAT Sohn W. Flynn, City Manager, is hereby authorized and directed on behalfof the Bangor Health and Welfare Department to execute a contract with the State of Maine Department of Human Services, a copy of which is on file in the Office of the City Clerk, for purposes of having John C. Frachell-a, D.M.D., to provide dental consultant services as provided therein. In City Cowcfl i(8lituary 13.1986 O Ph- T2H - Passed A '} Title, fry a nµcpo,�faFn6 Execution of Contract xfch State of Heine Department of Hwm Services ...................................... Dental Services introduced and filed by An ..Councilman 84-92 Department of Human Services. STATE H]USE. AWOSTA. MARS Unix November 23 1983 Contract Review Contractor Nome and Address Bangor Health Department 103 Texas Avewe Bangor, Maine 04401 Department Contact Person Deborah A. Ueatxick - Telephone 289-2361 Contract Total source 01 curve — $1.400 1 931).601] _ Status of Contract O Contract is based on an AFP approved by Contract Review Committee. (List biddersontacts and explain methods used to solicit and evaluate bids;.` Q Sole source supplier (Explain) Q Non-cosapetitive provider (Explain) ® Renewal of contract for ongoing services The Bangor Health Department (BUD) employs John C. Frachella, DMD, the individual who will perform the work of Dental Consultant. Dr. Frachella is employed full time (3).5 hours/week) by the BUD. Through this agreememt, the Office of Dental Health will con- tract with the BUD, who in Turn will subcontract with Dr. Frachella to provide Dental Consultant services. Dr. Frachella specializes in dentistry for children, is knowledge- able about public health practices and programs, possesses expertise in nutrition (he is currently s a PhD candidate at the University of Maine. Orono), and i recognized expert in Maine n the topic of fluoridation. Mei roother dentistscur- rently the State c - ently who meet all these requirements, and whoa able to provide the time needed on a regular basis. This contract represents a renewal of services initiated in 1982. Form G-73 3-80 STATE OF MAINE Page 1 of 6 CONTRACT FOR SPECIAL SERVICES 1. Appropriation Number 9317.6011.4099 4, Contract Number 3185 2. EcRr Amount Si 400 a6. Encumbrance Number S. Termination Date. 984 a9. Date Recerved 12/29/83 THIS AGREEMENT, made this 23rd day of November 19-L-, Is by and between the State of Mame, Department of Human Services hereinafter called "Department," and the Bangor 8ealtb and Welfare Department bereinafter sued•coneaecor.•• ' Me type of organization of the Contractor is (complete appraFrate statement): ❑ 1. Aniniividueldoingbusineaas ❑ 2. Apart erehip ❑ S. A corporationofthe State of 0 4. Otber:. n The principal office of the Contractor is located at (street, city, state, zip): 04401 The Employer Identification Number of the Contractor is .. , WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned, to be. made and performed by the Department, tie Contractor hereby agrees with the Department to furnish an.. qualified Cemonnel, facilities, materials and Semmes and in consultation with the Department, to perform - the services, study or projects described in Rider A. The following riders me hereby incorporated into this contract by reference: Rider -Speciicatems of Work to be Performed RiderB - Payment and Other Provminrm IN WITNESS WHEREOF, the Department and the Contractor, by then representatives duly auMorized, have - executed this agreement in tumor originals as of the day and year font above wd@en. APPROVED AS TO FORM: DEPARTMENT: 19_ HDMAN SERVICES By: By: a.mpe..evww.. John D. Uakefieltl. Deputy Conmisa ioner APPROVED, CONTRACT REVIEW COMMITTEE: CONTRACTOR: 19_ Bangor Health end Welfare Department Mz John Fixon, Cit v Manage[ ,,.City of Bangor 'By Be"= M Attounnand Cavtml CONTRACT FOR SPECIAL SERVICES Page 2 of 6 RIDER A SPECIFICATIONS OF WORK TO BE PERFORMED The Contractor, as a Dental Consultant, will performthe following work on demand for the Department's Office of Dental Health up to a maximum mof 10 hours per month for seven-month period of time, terminating on June 30,1984. The act nature of thetasks and priorities are tobeagreed upon verbally by the Contractor and the Contract Administrator, but shall include the following: 1 1. Review and c ent on documents of a scientific nature, as requested by the Contract Admini strator. 2. Prepare documents of a scientific and/or educational nature On topics agreed '.upon by the Contractor and the Contract Administrator. 3. Prepare and/or review correspondence of a scientific nature, as requested by the Contract Administrator. 4. Attend meetings to provide comments of as entific nature or provide informa- tion 'about State-administered programsnbehalf of the Office of Dental Health, as requested by the Contract Administrator. 5. Provide scientific consultation to the Office with regard to surveys of decayed, missing and filled tooth surfaces, including: preparation for calibration workshops,review comment on preliminary and final reports; presentations Of survey data at scientific and/or professional meetings. 6. Provide general supervision for Office dental hygienists in activities that in- clude oral examinations or screenings. ]. Regular meetings (3 hours) with Office staff in Augusta to be arranged at a mutually agreeable time. Clerical work generated by the Contractor in consultant duties will be done by the Department of Human services. Literature, pamphlets, filmstrips, etc., used by the Contractor is consultant duties will be provided to him by the Department of Human Services. Any product of this contract (report, esp. chart, movie,etc.) aball bear the following legend upon the title page or block: "Supported with funds from the Maine Department of Human Services, Division of Maternal and Child Health." CONTRACT FOR SPECIAL SERVICES RIDER B PAYMENT AND OTHER PROVISIONS CONTRACT' PRICE. Compensation for dental consultant computed at an hourly rate of $15/hour up t Waviness of ten hours per month (or $150 maximum per month) over the seven-month a period covered by the contract. up to a marximen of $1,050. An additional $350 is included to cover mileage (when a municipal vehicle is used for travel). Mile- age reimbursement is to be consistent with State guidelines. The Contractor will INVOICES AND PAYMENTS. Payment shall he made by the Deparge'nrk wibmib gy bO, pia ei�t of an approved itemized invoice submitted by the Contractor upon hu usual billing frown or business letterhead. BENEFITS AND: DEDUCTIONS. H the Contractor is an individual, the Contractor understands and agrees that he u an Independent Contractor for whom no Federal or Efate Income Fez will be deducted by the Department, and for whom no retirement benefits, admirer benefit mmrance, Conn life insurance, vacation Mtl sick leave, and arrant benefits am able to State employees Will ==a. The Conkacor further under, ds that stated information retuma as required by the Internal Revenue Code or State of Maine Income Far 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 N the Contractor for his income Far remands. INDEPENDENT CAPACITY. Me patties hereto ¢gree that the Contractor, end any agents and employees of the Contractor, N the performance of Nis agreement, shall set in an independent capacity and not ms off items or employees or agents of the State. CONTRACT ADMINISTYRATOR. All invoices, progress reports, correspondence and related submissions from. the Contractor shall be d mrbad to: Name: Deborah A. Deatrick Tile: Director Office of Dental Health Address: Stare House station 11 Augusta Maine 04333 who is designated m the Contract Administrator on behalf of the Department for Nie contract. DEPARTMENTSREPRESICTATIVE. TeContiact Adminiatmwrsh be Ue Department'smpresentative during thepend of feu agreement. He has authority. to stop the work H necexary to insure Its proper exact- uom He shall certify be the Department when payments under the contract are due and the amounts to be - paid He shag make decherms on all claims of the Contractor, subjen to the approval of the Head of the Department CHANGES M THE WORK, The Department may order changes m the work the contract sum being adjusted accordingly. AB such orders and adjustments ahaBe in writing. Claims by the Contractor for extra coat must be made m writing and rimmed by the Contract Administrator before executuig the work involved PERIOD OF PERFORMANCE. The Command: shall (cheek one as applicable) _qt�A. Workwhencaltdby Ne Department. B. Use due diligence to complete the work within a reasonable time. C. Complete the work no ldter Nsn _D. H Ne work is not completed by , Contractor shall pay Department as follows SUBCONTRACTS. Helena provided for in this contact, no contract shall be made by the Contractor with any other party for "Vem'ing any of the weak or services herein contracted for without the cansent, guidance and approval of Ne Contract AdmWetrator. Any auboontract hereunder entered into subsequent to the execution a f the content must be armoturn "approved" by the Contract Administrator before it Is reimbursable here, under. Mae provision will not be taken se requiring the approval of contracts of employment between the Contractor and his employees assigned for services thereunder. Page 4 of 6 1. CONTRACT PRICE (continued) submit monthly invoices for Dr. Frachella, specifying hours worked, hourly compensation rate, total compensation, mileage, mileageand total reimbursement;invoice i s to be submitted by the 30th of each month to the Office of Dental Health. CONTRACT FOR SPECIAL SERVICES page 5 of 6 30. SUBLETTING, ASSIGNMENT OR TRANSFER. TTe Contractor shall mE mbirt, meq rooster, assign, or otherwise dispose of this agreement or any portion thereof, m of his right, title or interest therein, without written request W and written co hent of the Contract Administrator, except to a bank. No subcontracts or transfer of agreement, shall in any case reissue the Contractor of his liability under this agreement 11. EQUAL EMPLOYMENT OPPORTUNITY, 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 aspen ent au because of race, ft,, color, religious creed, sex, national ongim ancestry, age or physical handicap, pe qualification. Me Contractor will lake Affirmative action W inscum that applicants aze employed and ma lonera are heated during Ploymenq without repazd to their race, color religion, was, ational origin. Such action shall inchulo but not be limited to she layoffs tetmemployment, nat omEnts�ol6r demotions. e otherforms of or recruitment o recruitment advertising; Y WY oro compensation; and selection for training including aapreaticesidp. Me Contractor agrees bopost m conspicuous pieces available to employees and appB- b for emplloyment notices setting forth tfi provisions of this nondiscrimination clause, b. Me Contractor will, In all solicitations or advertising for employees placed by or on belialf of the Contra- ctor all - ctor relating W Nu amt, state that qualified applicants will ireceive consideration f r emylap. ment without regard W race, color, religious creed, ser, national origin, ancestry, age or c. The Contractor will send W each Labor union or representative of the workers with which he box a collec- tive err bargaining a�cement, or other contraM or undenhnding, whereby M1e u fmWshetl with labor for the performance of Nu contract, a not", to be provider] by the cantncting department or agesscy, advising the mid laborwion or worken'reprmemtoWe of Roe Contractor's commitment under this section andpls �epost copies of the notice in conspicuous places avec]able to employees and to applicants for d. The Contractor will cause the foreg ing Provisions W be hatched no any subcontracts for any work the tod by this agreement so that such provisions shall be binding upon each subcontractor, provided that or zg imovmom shall not apply to contracts or subcontracts for standard commercial supplies or shall, to the m Me Co feasible, fist suitable employmentlholding a contract directly under the Contractor, Commission This openings with the Maine Employment Seen - city provision shall not ayyply to employment openings which the Contractor, or any subcontractor holding a ontract antler the Cn tractor, proposes to fill from within its own organwmtion. Lhiting of such or ggss with the Employment Service Division of the Maine Employment Security Com. common shall involve oNy e normal obligations which attach to such Ratings. 12. EMPLOYMENT AND PERSONNEL. The Contractor shall not engage on a NB -thee, parttime or other basis during the period of this agreement, any p ofaserioral or technical personnel who me or have been at any time during the pPeriod of this ag arment m the employ of any State Department or Agency, except regularly retinal tractor SIM no[ ;,withouge onte written consent of the public employer of such person. Further, the Con- not any rethed employee e f the DelwRme t who hes ac been rinhe or etired for et leer basic ast one year, of Rtia agreee written consent of the CgntnM Review Committee. Year, without the 13. STATS EMPLOYEES NOT TO BENEFIT. No individual employed by the State at the time this contract is exerted or any time thereafter shall be admitted to any share or part of this contract or to any benefit that may mise therefrom directly or induectly due to his employment by or financial interest in the Contractor or any aff3uW of the Contractor. This provision shad not be c0sshued to natural to this contract if made with a corporation for its general benefit. 14. WARRANTY. The Contractor warrants that it has not employed or written any company or person, other then a honafide employee working solely in the Contractor In solicit or secure this agreement and that it hu t paid, or agreetl W paY eny company or yemoq other then a bonvfide employee working solely far the rs or DOman Wr any fee, commission, percentage, brokerage fee, gifts, or any ntherconsideratioq contingent, upon, malting from the award for making this agreement For breach orvostat"m of this warranty, the Depart ment shall Imre the right W armW this agreement without liability re, m its descratinn, to deduct from the b on agepfeeaagifts, n conCmgo' fee. therwne recover Ne fall amount of such fee, commission, percentage, 15. ACCESS TO RECORDS. Me Contractor shall maintain an books, documents, payrolls, papers, accounting records and other evidence Pertainingg to cost incurred under this mend and to make such materials ailable to their offices at all common )a times during the period of this agreement and for three years from the date of the saturation of tis agreement, for inspection by the Department or any authorized represetr, tative of the State of Maine and copies thereof shall be formation, if requested. ' CONTRACT FOR SPECIAL SERVICES Page 6 of 16. TERMINATION. The performance of work under the commit may be terminated by the Department m whole, . from time he tame, in pert whenever for any reason the Contact Administrator shell determine that such bermination u in doe best interest of the Department. Any such termanatlon shaft he effected by delivery to the Contractor of a Notice of Termination specifying Ne extent to which performance of the work under the contract u terminated and the date on which such termination becomes effective. The tact shall be equitably adjusted to compensate for each terrummo n and the contract modified accord. ingly. N any event, this contract shell terminate on June 30 .1984 17. GOVERNMENTAL REQUIREMENTS. The Contractor warrants ant represents that all governmental pronounces, laws and regulations shall he complied with. 18. INTERPRETATION AND PERFORMANCE. This ageement shelf be governed by the laws of the State of Maine as to interpretation and performance. 19. OWNERSHIP. All notebooks, plans, working papers, or other work produced in the performance d this contract me the property of the Department and upon request anon be turned over W the Department. 20. STATE HELM HARMLES6. The Contractor aggtte s to indemnify, defend and save harmless the State, its officers, agents and employees from any end all cUor d losses ng truior resulting N any and ell contrac- "tors,subcontracWn, undervalues, laborers and any other�ppe furor corporation furnishing or supplying work, services, materials or supplies in connection with th8 performance of this contract, add from any and - all claims and losses accruing or restating to any person, Eich or corporation who may he injured or damaged by the Contractor in the performance of thus contract and against any liability. Including costa and expenses for viodatson of proprietuv r ights, copyrights, or rights of privacy, g out of P blcetion, translation, reptoductioq delivery, p AA� � , cmtined�such duh. y data fu nisbe l under Mix contract or based on. MY Ibefous or other uN 21. APPROVAL This contract us cabject to the approval of line Maine Attorney General's Office, the Contract.: Review Committee and the Stare Controller before it van be considered as a valid, executable document_.. 22. ENTIRE AGREEMENT. Thu contract contains the entire agreement of the patties, and neither party shah he bound by any statement or mpresenG6on not contained harem. 1 Department of Human Services, STATE HOUSE, AUGUSTA. MAINE DotsNovembery State Contract Review Camnittee Deborah A. Deatrick. Dir, ct , Officeof Dental Health Fra eur Contract Transmittal Sheet Contractor Nerve and Address Bangor Health Department 103 Texas Avenue Bangor, Maine 04401 $1,400 Status of Contract Department Contact Person Deborah A. Deatrick 289-2361 931).6011 QContract is based on an RFP approved by Contract Review Committee. (List bidders, contacts and explain methods used to solicit said evaluate bids). OSole source supplier (Explain) ONoxi -competitive provider (Pxplain) 'Renewal Of contract TOO ongoing services Due Bangor Health Department (BHD) employs John C. Frachella, DMD, the individual.who will perform the work of Dental Consultant. Dr. Frachella is employed full time (37.5 hours/week) by the BBD. Through this agreement, the Office of Dental Health will con tract with the BHP, who in turn will subcontract with Dr. Frachella to Provide eDental e Consultant servic s. Dr. Frachella specializes in dentistry for children, i knowledge - .able ge6 .able about publics health practices and programs, possesses expertise i nutrition (he i currently d PhD Candidate at the University of Maine, Bruno), and i recognized expert _ of fluoridation. There a other dentistsinthe State our - rattly who meet all t these requirement and awhoo a able to provide the time neededOn a regular basis. This contract represents renewal of services initiated in 1982. Form G-73 3'-90 STATE OF MAWE Page 1 of 6 CONTRACT FOR SPECIAL SERVICES S.APPropnbtion Number 931).601).4099 4. Contract Number 3185 2. Dollar Amaunt $ 400 a6. Encumbmue Number 3. Tumination Date _5_ e6. Date Received 12/28/83 THIS AGREEMENT, made this 23rd day of November ,19 83 , b by and between the State of Main n v £ N 'Depmtmente'and�hemBan r Healtfi and Welf .herewfter called beeanafterCafea "Contmcfoc.•eo The type of Ogmnizatlon of the Contractor is (complete appropriate statement): ❑ 1. A 0 2. ApartnaMui❑ 2. A ratoenl doofinthgebSuesmeeuof ® 4. Other: m Nmten£'♦ Loral The Prusv3palotfice.ofthsContnrtory loco@L.Iatror, Edty, state, zip): _ 103 Ilea, The EmPlOyer Identification Number of Ube Conhactor is WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned, to be made Rod Performedby the Department, the COatmetm hmebY ogees with the Department to ftemmE all WaHfled personnel, facilities, materiab and Bernes and in consultation with the Department, to perfom r the services, study or projects described in Rider A. The following riders are hereby in<ocpamted into thb contract by reference: Rider A —Specifications of Work to be Performed Maar B— Payment and Other Prom bua IN WITNESS WHEREOF, one Department and the COntawttm, by theta aepresentrtives duly authorized, have executed this agreement la 4 omigin ds w of the day Bud year first above written. APPROVED AS TO FORM: - DEPARTMENT: 19_ HUNAN SERVICES By: BY. a..wm..aarwna John D. Wakefield Ueou[ C APPROVED, CONTRACT' REVIEW COMMITTEE: CONTRACTOR: n ame.aaxm. 19_ Bangor Hearth and welfare Department __ by:: A.Ub ug John PI v C' X Nan City of Bangor 'Br Bureau a( Accuunn and Contra) BP59(000) CONTRACT FOR SPECIAL SERVICES RUDER A SPECIFICATIONS OF WORE TO BE PERFORMED Pegs 2 of 6 The Contractor, as a Dental Consultant, will perform the following work on demand for the Department's Office of Dental Health up to amaximum of 30 hours per month a for a Laminating -month period of time, teinating on June 30,1984. The exact nature of thetasks and priorities are to be agreed upon verbally by the Contractor and the Contract Administrator, but shall include the following: 3. Review and comment on documents of a scientific nature, as requested by the Contract Administrator. 2. Prepare documents of a scientific and/or educational nature on topics agreed upon by the Contractor and the Contract Administrator. 3. Prepare and/or review correspondence of a. scientific nature, as requested by the Contract Administrator. 4. Attend meetings to provide comments of aau entific n r provide informa- tion about State -administered programson behalf of the Office of Dental Health, as requested by the Contract Administrator. 5. Provide scientific consultation to the Office with regard to surveys of decayed, missing and filled tooth surfaces,t including: preparation for calibration workshops,review and c preliminary and final repor p presentations of survey data at scientific and/or professional meetings. 6.Provide general supervision for Office dental hygienists in activities that in- clude oral examinations or screenings. ). Regularmings (3 flours) with Office staff in Augusta to be arranged at a mutually agreeable time. NOTE Clerical work generated by the Contractor in consultant duties will be done by the Department of Human Services. Literature, pamphlets, filmstrips, etc., used by.the Contractor in consultant duties will be provided to him by the Department of Homan Services, Any product of this contract (report, map, chart, movie, etc.) shall bear the following legend upon the title page or block: "Supported with foods from the Baine Department of Human Services, Division of Maternal and Child Health." CONTRACT FOR SPECIAL SERVICES Page Of 6 RIDER B PAYMENT AND OTHER PROVISIONS WNTRACT PRICE. Compensation for dental consultant computed at an hourly rate of $15/hour up to a mwisum of ten hours per month (or $150 maximum permonth) Over the seven-month period covered by the contract, up to a maximum of $1,050. An additional $350 is included to c mileage (when a municipal vehicle i used for travel). Mile- age reimbursement is to be Consistent with State guidelines. She Contractor will t of approved i emizedAi meadow submitf� by the C wdmgcWtent ded be made buponehis usual b�dWg forces or b e���aerhead. BENEFITS AND DEDUCPIONS. If the Contractor is on individual, the Contractor uredetaGvds and agrees that be is an Independent Contractor for whom no Federal or State Income Tax will be deducted by the Depart t, act Por whom an retGement benefits, author benefit Laurance, m0% life msmance, vacation ar�d uekslease, and simYv benefRg available to State employees all, accrue. Th C aGacWr further under- stands that animal hdormation returns m required byy the In ernel Revenue Code or State of Mane Income Tax law wed be Med by the State Controller math the Interval Revenue Service and the State of Maine Bureau of Taxation, copies of which will be furnished to the Contractor for his Income Tax records. MCoENIM�NMIettheAperformance of hereto mesh t Cant, m an dependent capacity my ' Gana employees fes the mploye o a greemenE, m cellno w employee or egmb of the EGG. CONTRACT ADMINISTRATOR. All invoice, progress report, comespundence and related submissions from the Contractor shall be directed to: Name: Deborah A. Descries Mile; DirectoK. Office1 Health Address. State House station 13 Aueveta, Maine 04333 - who u designated as the Contact Administrator on behalf of the Department for this contract DEPARTMENT`S REPRESENTATIVE. The Contract Administrator wall has the Department's representative ducirrg the pe'od of this aapgrrez h He has nurbmmrXto stop the work if nensaary to insure is proper mucu- tion. He shall certify to Ma Department when payments under the contract are due and the amounts to be pad He shad make decisions on ed claims of the Contractor, subject to the approval of the Head of the Department. CHANGES W THE WORK. The Department ma order changes in the work, the eononet aura being adjusted oedinSly. All such Orden and adjustments shall be in wrb ing. Claims bythe Contactor for extra cost must bebecome iv writing and signed by the Contract Administrator before executing the work involved. PERIO/D OF PERFORMANCE. The Contractor shall (check one m applicable): ✓ A. Work when called by the Department. B. Use due diligence to complete the work within a reasonable time. C. CompleGthe work no laterthan - D. If the work u not completed by . Contractor [ball pay Department on follows 9. SU9WNTRACpS, UNessprovidedforinthiscontract,nocontcactshanbemadeby Ne Cnnha WrsA my other party for fumisbing may of the work or services herein contracted for without the consent, guidance and m proved Of the Command Admrstmtm. Any subcontract hereunder entered into subsequent W the execution f the amntcecpmtr must be an otaGd "approved" by the Contract AdmLdstmtor before it u reimbursable hero CoutrzeMisWreM leaermplowffi yeea esu'm�ed for services the eurWe approval at mnmacta of employment between Ne Page 4 of 6 1. CONTRACT PRICE (continued) submit monthly invoices for Dr. Prachella, specifying hours worked, hourly compensationrate, rate, total compensation, mileage, mileageand total reimbursement;v s to be submitted by the 30th of each month to the Office of Dental Health? CONTRACT FOR SPECIAL SERVICES Page of 6 10. SUBLETTING, ASSIGNMENT OR TRANSFER. Me Contactor shall not sublet, sea, transfer, sauna, or Offira nse dispose of tit agreement or any Portion thereof, or of his right, title or twined tbereuy without ttm request W are written commit writtecot of the Cont Contract Administrator, except to a balk. No subcontract or header of agreement shall in any cue release the Contractor of hu liability under this agreement. 11. EQUAL EMPLOYMENT OFPORTUNITY. During the performance of this contact, the Contractor agrees as follows: 4. The coatnctor real not discriminate against an employee or applicant for employment relating to this agreement because of ream, color, religious creee, sex, national origin, ancestry, age or physical handicap, plea related W a been fee occupatiorul qualification. Me Contractor real fake alternative ander to throw that applicant me employed and eh loyees are treated during ployment, without regazd W Lister ream, colas religion, sex, age or nebmi origin. Such session all me ads but not be limited to to foaawh�g: employment, upgrading, demotions, tranafem: 'tmmL ox reeraltment ativerto We layo[t or [ermwetlona; mW of pry ox other forms of compensation and selectou [or trethme Including came furcasi p. Met notices t Contractor agrere t Ns t t conspicuous Places amiable to emPloYeeal aM appli- p g provialans of this nondiscrimination clause. h Me Contractor will, in all solicitations or advertfidua]Ogg for employees placed by or on behalf of the Confa- chit ment without regard W this toonine colof� ligiote usacreed, uardapplicants ivU nattional n'gm, ancestry,s consideration tot employ. men age or Physical handicap. c. The Contractor will amid to each labor union or representative of the workers with which he has a cosec, live or bargaining aFe ent, or other contract or undemtanding, whereby he is Inhibited with labor for the performance of this contact, a notice, W be provided by the contacting department or agency, advising the said labor mean or worken'reremantafive of the Continental's commitment under this section and shall post copies of the notice m conspicuous places aver able to employees and W applicants fon employment. - d. The Connector will cause the fore," provisions m be inserted th any subcontracts for anY k - covered by this agreement sal that such provisional shall be binding upon each subcontacWr, provided that g gprovisional shsll not apply W contacts of subcontments for standard commercial supplies or Wriala. The Contactor. or any subcontractor holding a contract amec% under the Contractor. - shell, b the maximum feasible, list e1 suitable employment Opeengs with the Maine Employment Secu- rity Commrasion. This provision shall not apply to employment openings which the Contractor, or any 1subcontractor holding a contact antler the Cootmc or proposes to fill from within ifs awn orgmdation. 4" of such aPa gs with the Employment Service bradon of the Maine Employment Security Cam - illusion ahaa Iona TO rem oly the norma Obligations which attach to such livings. 12. EMPLOYMENT AND PERSONNEL. The Contactor alma not engage on a hill -time, phPthem or other tomo during the ped d of this agreement, any professional or tecMical personnel who ace or have been at any time during the pound of this agreement in she enmloy of anY State Department or Agency, except regularly retired empPloyees, without the written consent of the public employee of such person. Further, the Con - beeper ale notengage on the; Project one a fifiime, part time or Other leads during the petlad of tela agfeo hent any retired employee of the Department who hu not been rethetl for at lout one year, without the written cement of the Contract Review Committee. 1R BPATE EMPLOYEES NOT TO BENEFIT. Ne individml employed by the StW at the time this contract u ended or any time thereafter shall be admitted to any came or part of this contract or W any benefit that may arae therefrom directly or indirectly due to his plomyment by financial interest in the Connector or why affiliate for the Contractor. This provision shall noot be stuetl to extend to She contract if made with a corporageneral benefit. 14. WARRANTY. The Conommor warrents that it has not employed or writtm any company or Parson, other flier a boreadde employee working solely for the Contractor W solicit lir secure tbs agreement, and that it has not Paul, or spread to Pay any company or person, cast them a bonafide employee working solely for the Contractor any fee, commission, percent age, brokerage fee, gifts, or any other consideration, canting tupon, or resulting from the award for making this agreement For breach of violation of this waranry, the Depart- ment shall have the rri�gght to award tial agreement without liability or, in its deviation, to deduct form the contract price or comideation, or otherwise recover the fall amount of such fee, commualon, percentage, brokerage fee, gift, or contingent fee. 15. ACCESS TO RECORDS. The Contactor shall maintain ell boo W, document, payrolls, papers, accounting records and other evidence pcountingle timet duccami etdj1e nder this a� hent and W ke such materials aaabie to pick offices at all o b g period of Guseagreement and for three were tam the date of the expiration of this agreement, for inspection by the Department or any artharized repreaeh tafive of the Sete of Maine and copies thereof shall he famished, it reques .CONTRACT FOR SPECIAL SERVICES Page of 6 26. TERMINATION. Thep formenee of work wdu Ne contract may be to-minated by the DepazLmant he whole, , from timman e W tie, in pert whenever fez y reason the Contract Administrator dr determine Nat such nomination u in Ne beef interest of the Department Any such termination shall he effected by delivery e Contractors N of a Notice of Terminative apse: e extent to which performance of the - l wok under the contract terminated and the data an which avch Nomination becomes effective. The W N contract shall he equitably adjuated W camPenmW for such to-mmatim and Ne comment modified accoN- iotly. to any event, this contract shall terminate an June 30 ,19114 17. GOVERNMENTAL REQUIREMENTS. The Contractor warrants and represents chat all governmental z ordinances, laws and regulations shall be complied with -18. INTERPRETATION AND PERFORMANCE. Thu agreement aball be goverment by the laws of Ne State of Maine as W interpretation and performance. 19. OWNERSHIP. All notebook , plain, ori'ag papers, or other work produced h the performance of this war the ae property of the Depnce and upon request shad be turned over to the Department. 20. STATE HELD HARM[.E56. The Contractor agrees W Indemnify, defend sad save harmless the State, H a fficera,spend and employees from any and all claws and losses gor rnWtingWanyendell conVac tom hepntraeWrs, terialmeo laborers antl any other Pie [ or corporation Nmisitin9 or ser 1 wark, c mateneu ar supplies h co n �ction with flee p�ormaem of dila contract d farm spiry and ell claims and loose acmuing or readdaq W any person, firm or corporation who may be L,wr d or damaged by Ne GontraCWr in We performance of Nu contract and meant any liability. auction costa and expenses rent Wolation oP proprietary right, copyrights, o rights of Privacy, maing aur of publication, tiaosintion, Productive, deLvery, Ppeerformanee, nee or depositin of any data fmdahed under W contract or based on any libelous or oNIn unLLwtW maVez contained an suets data 21. APPROVAL Thu contract m subject W the approval of the Maine Attorney General's Office, Use ContractRevive Committee and the Siete Controller before it can be considered as a valid, executable document. 22. ' ENTIRE AGREEMENT. The contreM contains Ne entire agreement of the parties, and nef herparty shell be bound by any statement or representation not contained harem. ' Department of Human Services STATE HOUSE. AUGUSTA. HAIM fate November 23 1983 State Contract Review lth Fro Deborah A. Deeaick, Oix , Offic of Denvl Nee Contract Transmittal Meet tox /&S C.biact Contractor flame and Address Bangor Health Department 103 Texas Avenue _ Bangor, Maine 04401 Department Contact Person Deborah A. Deatrick 289-2361 Contract Total 8owce of Funds Al Ann 9311.6017 - Status of Contract Q Contract is based and An RFP approved by Contract Review Committee. (List bidders, contacts And explain methods used to solicit And evaluate bids). Q Sole source supplier (Explain) Q Aon-caapetitive provider (Explain) ® 'Renewal of contract for ongoing services The Bangor Health Department (Bill) employs John C. Frachella, Dim, the individualwho will perform the work of Dental Consultant. Dr. Frachella is employed full time 07.5 hours/week) by the BUD. Through this agreement, the Office of Dental Health will con- tract with the BUD, who in turn will subcontract with Dr. Frachella to provide Dental Consultant services. Dr. Frachella specializes in dentistry for children, is knowledge- able about public health practices and programs, possesses expertise i nutrition (be i currently a PhD candidate at the University of Ha ice8eOrouo), and is a recognized expert Unice on the topic of fluoridation. Mex mer r o other dentists in the State cur- rently ently who et all these requirements, and whoable o provide the time needed on a regular bass. This contract represents a renewal of services initiated in 1982. Form 0-73 3-80 SPATE OF MAINE pap 1 of 6 CONTRACP AOR SPEML SERVICES 1. Appropriation Number 931].601).4099 4, Contract Number 3185 2. Dollar Amount $1 400 *6. Encumbrance Number 3. Termination Date *B. Date Received 12/28/83 THIS AGREEMENT, made this 23rd day of November ,19 83 , is by and between the State of Mein ma If Remain Service hereinafter caped "Department"hn and them, Bangor Health andm Welfare Department hereinanm aauea ••emrhector.•- Me type of organization of the Contractor it (complete appropriate statement): O 1. An inNvidual doing harness as ❑ 2. Apartner5hip. ❑ S. Acmpomticnofthe Stateof ® 4. Other. ,mpmf'r local gove,nament agencv The principal office of fire Contractor is located at (street, city, state, zip): 101 Texas Avenue Brecon: Maine 01 The Employer Identification Numberof the Contractor is here WITNESSETH, that for and N consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Department, the Centmefur hereby agent with the Department to fuffiah aR qualified presented, facilites, materiels and services and in consultation with the Department, to perform the services, study or projects described in Rider A. The following riders are hereby incorporated into NL recreant by reference: Rider A — Specifications of Work W be, Performed Rider B —Payment and Ocher Provisions IN WITNESS WHEREOF, the Department and the Contractor, by their representatives duly authorized, haw executed this agreement in 4 m, originals as of the dm' and year feat above notice. APPROVED AS TO FORM: DEPARTMENT: 19_ HUNAN SERVICES John D. Wakefield, Deputy Couwissicner TIP. I APPROVED, OONTRACP REVIEW WMMITTEE: CONTRACTOR: yg_ Bangor Health and Welfare Department By: John EXU C" Man City of Barge *By Bwery If Attwnb and Connal BP54(383) CONTRACT FOR SPECIAL SERVICES RIDER A SPECIFICATIONS OF WORK TO HE PERFORMED Page 2 O 6 The Contractor, as a Dental Consultant, will perform the following work on demand for the Department's Office of Dental Health up to a maximum of 10 hours per month for asonth period of time, terminating on June 30, 1984. The exact nature of the tasks and priorities are to be agreed upon verbally by the Contractor and the Contract Administrator, but shall include the following: 1. Review and comment on documents of a scientific nature, as requested by the Contract Administrator. 2. Prepare documents of a scientific and/or educational nature on topics agreed upon by the Contractor and the Contract Administrator. 3. Prepare and/Or review correspondence of a scientific nature, as requested by the Contract Administrator. 4. 'Attend meetings tOyrovide comments of aatific nature Or provide informa- tion State -administered programsOn behalf of the Office of Dental Health, as requested by the Contract Administrator. 5. Provide scientific consultation to the Office with regard to uveys of decayed, missing and filled tooth surfaces, including: preparation for calibration workshops,review and comment on preliminary and final reports: presentations Of survey data at scientific and/or professional meetings. 6.Provide general supervision for Office dental hygienists in activities that in- clude Oral examinations or a ings. ]. Regular meetings (3 flours) with Office staff in AugusmA to be arranged at a mutually agreeable time. NOT¢: Clerical work generated by the Contractor in consultant duties will be done by the Department of Human Services. Literature, pamphlets, filmstrips, etc., used by the Contractor in consultant duties will be provided to flim by the Department of Human Services. Any product of this contract (report, map, chart, movie, etc.) shall bear the following legend upon the title page at block: "Supported with funds from the Mine Department of Human Services, Division of Hatemal and Child Health." Y ' CONTRACF FOR SPECIAL SERVICES RIDER B PAYMENT AND OTHER PROVISIONS Page 3 of y 1. COWRACT PRICE. Compensation for dental consultant computed at an hourly rate of $15/hourup to a of ten hours per month (or $150 maximum per nth) o the -month periods red by the contract, up to aimum of $1,050. As additional $350 is included to c mileage (when icipal vehicle used for travel). Mile- ageimbursement is to be consistent with State guidelines. Me Contractor will 2. INVOICES AND PAYMENTS. Payment shall be made by the Departmmeiwlt el EPdreyas ever &a&eat of m approved Repaired wormier, submittM by the Contractor upon his trued baling forms or business letterhead. B. BENEFITS AND DEDUCTIONS. R the Contractor IS an Individual, the Contractor uaderstaods and agrees that he is an Inde Ment Cotdnctor for whom an Fadd or RLate Income Toa Pwill be deducted by the ow Iffe movements, Vacation and smic have and dollar benefifad par whom no sevaiientent s to State e�mployess wiLl mcaue.nt bectedit e'Ke Contractor Rather ander. (ands that mom d information returns as requited by the internal Revenue Code or State of Maine Income Tea MeaeWv opiem of w wil be fled wM1chRwHtrl be Centralist urniabed to the the onfncWr for his Incorward Revenue me Tans Tombd the State of Manor Bureau of 4. INDEPENDENTCAPACITY. Thepartiesberetoa Shat Ne Dont r,mdanyagmtsandemployeesof the Contractor, in the performance of this agreement, sba l act in an independent capacity and not as officers or employees or agents of the State. 5. CONTRACT ADMINISTRATOR. AB brooders, programs repotM1, correspondence and related aabmissieos from the Contractor shag be directed to: Name: Deborah A. Deatrick Mje:[Officeof Darrel Health Addwas: StateHou a station 11 Augusta, Maine 04333 who u designated as the Contract AdmwstraNr on behalf of the Department for this contract. 6. DEPARTMENT'S REPRESENTATIVE. The Contract Administmkr shall be the Department's representative during Neppeennad of Nie agreement He has auNarity�to step the work if necessary to motor its proper execu- tion. He shall ceatify W the Department when payments under the contract are due and the amounts to be . ps d. He shag range decisions on all Amme of the Contractor, subject to the approval of the Head of the. Department yy y. CHAHdiinngly �AUssuch orders dadjus�t Department stun beinwntinjer . atmse watch, %he Cont lox forertn cos pawl be made m writing sand signed by the f ntract Admiaiatrator be[ ore executing the work involved. S. PERIOD OF PERFORMANCE. The Contractor shall(cbeck one as applicable): v/ A. Work when card by the Department B. Use due dfligence to complete the work within a reasonable time. C. Complete the weak no labor Nan D. If the work is not completed by , Contrectm shall pay Department as follows 9. SUSWNTRACTS. Unless provided for in thiscontract, no contract shall he made by the Contractor with any other party for favor" my of the work or services herein mnromi ed for without the consent, guidance and eapproval of the Contract Atlmindetrator. Any subconnact haemdm entered into subsequent to N f the contract must be appointed "ep �ove' bye a Contmet Administrator before it u reimbursable here under. Thin provision w0 not be tag es g the approval of contracts of employment between the Contractor and his employees assigned for services thereunder. Page 4 at 6 1. CONTRACT PRICE (continued) submit monthly invoices for Dr. Frachella, specifying hours worked, hourly compensation rate, total compensation, mileage, mileage rate, and total reimbursement; invoice s to be submitted by the 30th of each month to the Office of Dental Health. ,t 'CONTRACT FOR SPECIAL SERVICES Page 5 or 5 10. SUBLETTING, ASSIGNMENT OR TRANSFER. The Contractor shall not sublet, segtanvfer, assign, or otherwise dispose of this agreement many portion thereof, or of his right, title of interest therein, without written request to and written consent of the Contract Administrates, except to a bank. No mbcontracts or co mfa of agreement shall in any cone release the Contractor of his fiabWty under this agreement. 11. EQUAL EMPLOYMENT OPPORTUNITY. Dining the performance of this contrut, the Contractor agrees as follows: a. The contractor will not d scu minate against any employee or applicant for employment relating W this agreement because of race, color, religious ere. sex, national origin, ancestry, age or physicalhandicap, where related to a bona fide occupational quaVPetion. The Contractor will Like affirmative action to home that a plic G are employed and wi loyees are treated during em yment, without rV to their race, color. religion,sex, age or national origin. Such action mall in ude but not be Rotted W the f R �: employment, demotions, numbers rectim `t or remonstrant advertising; layoffs maturation tan of Pay or oter orms of comuenuation; and selection for trainingIncluding pprenticesldp. The Contractor agrees to Post in campie places available to employees and mpli- wake for employment notices setting forth the provisions of this nondiscrimination clause b. The Contractor will, Nall solicitations or advertising for employees Pl ced by m on behalf of the Contra - our relatingto this agreement, scalechat at all qualified applicants will receivecons de alio calam Icy - meet x without r and to race, creed, e, color, religious sex, national origin, antes c. The Contractor will send to each Iffior union or representative of the workers with which he has a culler, the or bargaining agreement, or other contract or undermining, whereby he u fumid ed with labor for the performance of this contract, a notice, to be provided by the contracting department or agency, anvising the said d mrR Food coal onion orf the notice n conspiratorsof placesavailable be employees and to er applicants for pts pia o p yeas end to applicants for amPloyment. d. The Contractor wW cause the foregoing provisions to be inverted in any subcontract for enwork raised by thin agreement so that such Wovisimu shall be binding upon each subcontr wr, provided that the foregoingg provisions shall not apply W contracts or subcontracts for standard commercial supplies or renals. The Contractor, or reY subcontractor holding a contract dbectiv under the Contractow, shall, W the maximum feasible, Int all suitable employment openings with the Maine Employment Sam- rty Commission. This provision stall not apply to employment openings which the Contractor, or any subcontractor holding a mutant under the CC entrance, Proposes to fill from within its own organization. List oglof such ope gs with rise Employment Service Division of the Maine Employment Security Com- mua� mall hire veonly the normal obligations which attach to such listings. 12. EMPLOYMENT AND PERSONNEL. The Contractor shall not engage on a PaRtime, parttime or other basis duaing the period of this agreement, my P ufesmined or technical per morel who are or have been at any time during the Period of this agreement in the employ of any State Department or Agency, except regularly r¢tittdemployers, without the written consent of the public employer of such person. Further, the Con- tractor shall not engage on this project on a fall -time, part-time or other basis during the period of this agree- ment any rallied employee of the Department who was not been rallied for at least one year, without the written consent of the Contract Review Committee. 13. STATE EMPLOYEES NOT TO BENEFIT. No individual employed by the Staw at the time chis contact u executed or any time chereeher shall be admitred to any more or part of Unix contract or to any benefit that may sure doormen dhectiy or indirectly due to his employment by or financial interest m the Contractor or any affiliate of the Contractor. This provision shall not be combined to extend to this contract if made with a corporation for it general benefit. 14. WARRANTY. The Contractor waaants that it bas not employed or written any company mixture, other than a bomfde employee working solely for the Contractor to solicit or secure this agreement, and that it has not paid, or agreed to pay any company or Person, other than a bonafide employee working solely for the Contactor any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, w resulting tam the award for making this agreement For breach or violation of this warranty, the Depart meet wall have the right to amid this agreement without liability or, in its domination, to deduct from the contract price or cousidermon, or oth iontse recover the fail amount of such fee, commission, percentage, brokerage is% gifts, or contingent fee. 15. ACCESS TO RECORDS. Me Contractor shall maintain all books, document, payrolls, Papers, accounting ids and other evidence pertan 4 to post incurred under this a� cement and to make such materiels records to their offices at ell reasonsWa times during the Period of Gtisagreement and for three years from thedrum of he expiration of this agreement, f inspection by the Departm t or any authorized represen talivf theState of Maine d copies thereof shall be furnished, lf rq ted. ,'&ONTRAOp FOR SPECIAL SERVICE6 Pare 6 of 16. TERMINATION. The performance of work under the contract may be terminated by the Department in whole, or, from time N time, in part whenever for ray reason one c retract Adnunirtntor drall determine Suit such termination u W the best interest of the Department. An such termination shall be affected by delivery to the Contractor of a Notice of Termination specifying the carrot to which Performance of the work under the conhapt u terminated and the data on which such termissetin becomes effective The tract shall be equitably adjusted to compernate for such termination and the contract mo tifed acrosd- mgly. In any event, this contract shall terminate on .lane 30 ,1904 . 17. GOVERNMENTAL REQIIIItEMENTS. The Contractor warrants and represents that all governmental oNinances, laws and regulations shall be complied with. 18. WTERPREPATION AND PERFORMANCE. Thu agreement shall be governed by the laws of the Stale of Proton as W interpretation and performance. 19. OWNERSHIP. All notebooks, plain, working papers, or other work produced W the performance of Nis contract are the property of Ne. Depaziment end upon request shaft be turned over to the Department 20. STATE agents and employees S trona any ndcsE Teen and lass�owvund and save hazmless Ne State, its Ben_g or resulting W any and a0 eonwac ton, subcontractors, tenalmen, laborers and say otha Pers four or corporation furnishing or supplyll work, services, material or supplies in cnneMion wlN Ne per�contour of this contracts d from any and all claims and losses accruing or resulting to any person, firm or co ration who may be injured or damaged by the Contractor in Ne performance of Nis contract and egaiint any liability, including costs and expenses for violation f proprietary rights, copyrights, or rights of privacy,alms out of publication, translation, production, delivery, PPeertormence, use or deposition of ray dao Anniahed oder this con 4aet or based on y Rbeloue or other uNi wful matter contained firPsuch data APPROVArThis contract us suct; to the 21. Review Coronaries nd Ne StatebC ntroUer be[on lilt canNbehconsideredasya valid, eaeecuftablehd corurrent 22. ENTIRE AGREEMENT. Thu inspired contains the entire agreement of the parties, and neither party dull be bound by any statement or representation not continued herein.