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HomeMy WebLinkAbout2013-09-23 13-307 ORDERCOUNCIL ACTION Item No. 13-307 Date: September 23, 2013 Item/Subject: ORDER, Authorizing the City Manager to Execute a Sub Recipient Agreement with Penquis as the Fiscal Agent for the Piscataquis Public Health Council Responsible Department: Health and Community Services Commentary: This Order will enable the City Manager to execute a sub recipient agreement on behalf of the City with Penquis, the new fiscal agent for the Piscataquis Public Health Council (PPHC). PPHC is one of two supporting Healthy Maine Partnerships in the Penquis Public Health District. As the Lead HMP in the Penquis Public Health District the City now holds a subrecipient agreement with PPHC's current fiscal agent, Mayo Regional Hospital. Penquis becomes the new fiscal agent for PPHC on September 30'hand a subrecipient agreement is required by the state of Maine to be in place between the lead HMP and the fiscal agent for the supporting HMP. This has been reviewed and recommended for approval by the Government Operations Committee on September 17, 2013. Manager's Comments: Associated Information: Order Budget Approval: Legal Approval: Introduced for X Passage _First Reading _ Referral Department Head NQ%rn ") City Manager Page _ of _ Finance Director City Solicitor 13-307 SEPTEMBER 23, 2013 Assigned to Hawes CITY OF BANGOR (TITLE.) Resolve, Authorizing the City Manager to Execute a Sub Recipient Agreement with Penquis as the Fiscal Agent for the Piscataquis Public Health Council BY THE CITY COUNCIL OF THE CITY OF BANGOR: BE IT ORDERED, that the City Manager is hereby authorized to enter into a subrecipient agreement with Penquis as the fiscal agent for the Piscataquis Public Health Council, a copy of which is attached. IN CITY COUNCIL September 23, 2013 Passed CITY RK 13-307 SEPTEMBER 23, 2013 Sub -Recipient Agreement Between the City of Bangor, fiscal agent for the Penquis Public Health District and Piscataquis Public Health Council, a supporting Healthy Maine Partnership THIS AGREEMENT is by and between the City of Bangor, Maine, hereinafter called CITY, and Penquis, hereinafter referred to as 'PPHC Fiscal Agent' acting as fiscal agent for the Piscataquis Public Health Council, hereinafter called 'PPHC', a local Healthy Maine Partnership; , for the period of October 1, 2013 to June 30, 2014. In consideration of the payments and agreements hereinafter mentioned, to be made and performed by CITY, PPHC Fiscal Agent hereby agrees with CITY to furnish all qualified personnel, facilities, materials and services and in consultation with CITY, to perform the services, study or projects under the terms of this Agreement (see attached State of Maine Rider A for full sub -contractor requirements listed below). SPECIFICATIONS OF WORK TO BE PERFORMED I. AGREEMENT FUNDING SUMMARY Funds are provided under this Agreement for the provision of services detailed in Section III, Service Specifications/Performance Guidelines, of this Agreement. The sources of funds and compliance requirements of this Agreement follow: A. Dedicated/Special Revenue (Fund for Healthy Maine): $140,000 B. Federal Funds: OSA funds of $26,667 Use of funds shall be in accordance with restrictions contained in the appropriate CFDA; with Federal OMB Circulars A-21, A-87, A-102, A-110, A-122, and A-133, as applicable; with CMR 10-144, Chapter 30, as applicable; with CMR 10-144; Chapter 30, as applicable; and with the terms of this Agreement. CFDA #93.595; Award Name: Substance Abuse Prevention and Treatment Block Grant; Award #3608T1010025-1151; Awarding Agency: Substance Abuse and Mental Health Services Administration. II. Service Description Under this Agreement, funds are provided to implement directly, and through subcontract, health promotion, education, and prevention services as described by the Revised Programming Matrix requirements and outlined in guidance issued by the Maine Center for Disease Control and Prevention (Maine CDC). These services will be delivered through community coalition based structures to address tobacco, substance abuse, physical activity, and nutrition in Maine's communities and schools. It is expected that providers will implement a coordinated approach to services, assuring the most efficient and effective implementation of programming. Maine CDC is providing funds for the implementation of strategies in support of the public health infrastructure, and also in support of population based health status improvement outcomes. 13-307 SEPTEMBER 23, 2013 Combined, the objectives and strategies of the HMP programming matrix focus on Essential Public Health Services 1, 3, 4, & 5, and call for program specific outcomes in tobacco prevention, physical activity, and nutrition. Substance Abuse and Mental Health Services (SAMHS), formerly the Office of Substance Abuse Services, is providing funds to address underage drinking and high-risk alcohol use. Required reporting: a. Financial Reports Report Period: October 1, 2013 — December 31, 2013 January 1, 2014 — March 31, 2014 April 1, 2014—June 30, 2014 Date Due: February 15, 2014 May, 15, 2014 August 15, 2014 b. Other Performance Reports— Monitoring and Progress reporting in the KIT monitoring system Report Period: Date Due: October 1, 2013 — December 31, 2013 February 15, 2014 January 1, 2014— March 31, 2014 May, 15, 2014 April 1, 2014—June 30, 2014 August 15, 2014 1. Governance PPHC is required to maintain an HMP Governance or Advisory Board that is representative of its local service area, includes at least two individuals representing populations with health disparities', and identifies an Advocacy Committee and a Board Development Committee. It is Maine CDC's intention that this Board is distinct from paid staff, and that this Board oversees and directs the strategic direction of the HMP and the implementation of the HMP's work plan. The relationship between the PPHC and their fiscal agent (identified as a Lead Agency in the 2010 RFP) is defined by the relevant sections of the 2010 RFP. Failure of the fiscal agent to adhere to these standards may be considered cause for termination of the HMP contract and identification of a new fiscal agent. This requirement applies equally to the fiscal agent of both Lead HMPs and Support HMPs. Wherever possible, the fiscal agent should participate in the work of the HMP, and hold membership on the District Coordinating Council (DCC). 2. Staffing PPHC is required to maintain staffing levels sufficient to perform the work of their workplan. PPHC must identify a partnership director that can serve as point of contact for Maine CDC 2 13-307 SEPTEMBER 23, 2013 personnel, answer to the Governance or Advisory Board, and provide overall leadership to the coalition for implementation of the workplan. 3: Criteria and Deliverables for all HMP Funded Work Funds will be used to strengthen coalitions in order that they may continue to assess local public health needs and develop local and district health plans which align with the State Health Improvement Plan (2013 — 2015). A focus on eliminating health disparities in the district and including the representation of vulnerable populations in this coalition work is a requirement of all HMPs. Each HMP, whether Lead or Supporting, must serve all towns within its local service area through direct work or subcontract. All HMPs are expected to secure the participation of a wide variety of local collaborators in meeting the deliverables described below and to make efficient use of available resources through engaging and making use of existing public health resources and organizations. HMPs may sub -contract some of the required work. All HMPs must plan for, provide, and ensure the development of the knowledge and skill sets necessary for accomplishment of the work by internal staff and core partners. All HMPs, regardless whether directly contracting with Maine CDC, or subcontracted through a Lead HMP, must complete all expected data entry into the KIT monitoring system and report on milestones on a quarterly basis. Along with KIT data reporting to the Maine CDC, the Supporting HMPs will have the obligation to report to the Lead HMP as required by their subcontract. 4. Infrastructure and Capacity The district liaison has final approval of all workplans developed to fulfill the criteria of Section I. 1. Annually, PPHC must revisit and refresh the developed Community Health Improvement Plan. This will be evidenced by the HMP having an approved updated or revised evaluation plan for the HMP's Community Health Improvement Plan by August 15, 2013. HMPs must attend scheduled meetings of the District Coordinating Council and participate in DCC activities. S. Program Specific: The program specific work of both Lead (CITY) and Supporting (PPHC) HMPs is to address tobacco, substance abuse, physical inactivity, and poor nutrition, through implementation of strategies identified in the Revised Programming Matrix. These strategies work to enact policy and environmental change in order to make Maine's communities healthier places to live, learn, work, and play. The following requisites apply to both Lead and Supporting HMPs: 1. All HMPs will develop an approved workplan that meets the requirements specified in the Revised Programming Matrix, with agreed upon target goals and details of 13-307 SEPTEMBER 23, 2013 implementation as demonstrated through the creation of approved milestones. An approved workplan is due to Maine CDC and SAMHS by August 15, 2013. 2. HMPs must achieve the milestones approved for the workplan within the time frames they have identified. If an HMP determines they are unable to complete a milestone within the identified time frame, they must notify the project officer of this situation and develop a plan of correction to be approved by the District Support Team. Consistent failure to complete milestones within the agreed upon timeframes or failure to follow through on a plan of correction, may be considered just cause for dissolution of, or non -renewal of the contract. 3. At the beginning of each new contract year, HMPs must identify and initiate work with an additional school SAU for Section 6 objectives in the Revised Programming Matrix. If current work with SAU(s) has not yet resulted in the acceptance of policies as described in the objectives of Section 6, this current work must also continue. 4. Wherever possible Maine CDC funded work should be coordinated with SAMHS funded work. 5. All HMPs are expected to participate in statewide communication campaigns and other initiatives developed by the state partners of the HMP. 6. All HMPs should encourage participation by schools in the Maine Integrated Youth Health Survey. 7. All HMPs must work with Maine CDC and SAMHS evaluators to complete evaluation activities that apply to this funded work. This will include supplying requested information, and participating in evaluation activities such as site visits, program documentation, participation in surveys, and telephone interviews. 8. All HMPs should work to enhance public awareness of the HMP initiative through the use of appropriate state logo and credits on publications/brochures/marketing materials in accordance with Maine CDC requirements. The use of local HMP logos to complement state level branding materials is encouraged. 9. All HMPs must obtain approval in advance from Maine CDC's HMP Sr. Program Manager to use HMP contract funding as match for any purpose. 10. All HMPs must provide notification to the Maine CDC and SAMHS regarding any changes in key staff. 11. HMPs must assure the participation of at least one representative of the HMP at state or regional DHHS-sponsored meetings, events, and trainings in order to assure appropriate levels of knowledge and information at the local level. Maine CDC plans to hold one (1) annual meeting and (1) regional event or meeting during the year. There will be (1) one required meeting for key substance abuse staff at the annual SAMHS Prevention Provider Day. 6. Deliverables and requirements for SAMHS Funding: Funds appropriated by the Office of Substance Abuse and Mental Health Services ($80,000 per public health district) are to be equally distributed by the Lead Healthy Maine Partnership to each of the HMPs within the district. The HMP workplans that include SAMHS milestones, 4 13-307 SEPTEMBER 23, 2013 objectives, and strategies that have been reviewed and approved by SAWS will continue to be the expected deliverables for the SAMHS funds. 7. Contract Transfer This contract is non -transferable by PPHC Fiscal Agent without the express permission by Maine CDC's HMP Sr. Program Manager. In the event that PPHC determines the necessity of identifying a new fiscal agent, PPHC must identify the new fiscal agent through participation in a fair and transparent process that meets the approval of both the Maine CDC and the CITY. The new fiscal agent must meet the approval of both the CITY and the HMP Sr. Program Manager prior to the implementation of a contract. II. Agreements AND PAYMENTS AMOUNT: $125,000.24 ($104,999.99 HMP and $20,000.25 OSA) INVOICES AND PAYMENT CITY will pay PPHC through the PPHC Fiscal Agent as follows: CITY shall pay PPHC nine monthly payments; the total amount of the payments will not exceed the Agreement amount. PPHC Fiscal Agent will submit a monthly HMP invoice to CITY for the amount of $11,666.67 per month, and a monthly OSA invoice to CITY for the amount of $2,222.25. A detailed budget report and accompanying expense documentation must be kept on file in support of each monthly invoice and be available to both the State of Maine and CITY for auditing purposes if requested. Payments may be adjusted by CITY on a quarterly basis if the State of Maine determines an under expenditure of budgeted funds as reported on the quarterly financial reports. VI. INDEPENDENT CAPACITY In the performance of this Agreement, the parties hereto agree that any agents and employees of PPHC, shall act in the capacity of an independent contractor and not as officers or employees or agents of the State or employees of CITY. VII. SUB -AGREEMENTS Unless provided for this Agreement in approved budget, no arrangement shall be made by PPHC or PPHC Fiscal Agent with any other party for furnishing any of the services herein contracted for without the consent and approval of the Agreement Administrator. Any sub -agreement hereunder entered into subsequent to the execution of this Agreement must be annotated "approved" by the Agreement Administrator before it is reimbursable hereunder. This provision will not be taken as requiring the approval of contracts of employment between PPHC and its employees assigned for services thereunder. 5 13-307 SEPTEMBER 23, 2013 VIII. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, PPHC Fiscal Agent agrees as follows: a. PPHC Fiscal Agent shall not discriminate against any employee or applicant for employment relating to this Agreement because of race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, unless related to a bona fide occupational qualification. PPHC Fiscal Agent shall take affirmative action to ensure that applicants are employed and employees are treated during employment, without regard to their race, color, religion, sex, age, national origin, physical or mental disability, or sexual orientation. Such action shall include but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; and selection for training including apprenticeship. PPHC Fiscal Agent agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause. b. PPHC Fiscal Agent shall, in all solicitations or advertising for employees placed by or on behalf of PPHC relating to this Agreement, state that all qualified applicants shall receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation. c. PPHC Fiscal Agent shall send to each labor union or representative of the workers with which it has a collective bargaining agreement, or other agreement or understanding, whereby it is furnished with labor for the performance of this Agreement a notice to be provided by the contracting agency, advising the said labor union or workers' representative of PPHC' Fiscal Agent's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. PPHC Fiscal Agent shall inform the DHHS Equal Employment Opportunity Coordinator of any discrimination complaints brought to an external regulatory body (Maine Human Rights Commission, EEOC, Office of Civil Rights) against their agency by any individual as well as any lawsuit regarding alleged discriminatory practice. e. PPHC Fiscal Agent shall comply with all aspects of the Americans with Disabilities Act (ADA) in employment and in the provision of service to include accessibility and reasonable accommodations for employees and clients. f. Providers and sub -contractors with Agreements in excess of $50,000 shall also pursue in good faith affirmative action programs. g. PPHC Fiscal Agent shall cause the foregoing provisions to be inserted in any subcontract for any work covered by this Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. IX. EMPLOYMENT AND PERSONNEL PPHC Fiscal Agent shall not engage any person in the employ of any State Department or Agency in a position that would constitute a violation of 5 M.R.S.A. § 18 or 17 M.R. S.A. § 3104. PPHC Fiscal Agent shall not engage on a full-time, part-time or other basis during the period of this Agreement, any other personnel 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 retired employees, without the written consent of the State Purchases Review Committee. Further, PPHC Fiscal Agent shall not engage on this project on a full-time, part-time or other basis during the period of this Agreement any retired employee of the R 13-307 SEPTEMBER 23, 2013 Department who has not been retired for at least one year, without written consent of the State Purchases Review Committee. PPHC Fiscal Agent shall cause the foregoing provisions to be inserted in any subcontract for any work covered by this Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. X. STATE EMPLOYEES NOT TO BENEFIT No individual employed by the State at the time of this Agreement is executed or any time thereafter shall be admitted to any share or part of this Agreement or to any benefit that might arise there from directly or indirectly that would constitute a violation of 5 M.R. S. A. § 18 or 17 M.R.S.A. § 3104. No other individual employed by the State at the time this Agreement is executed or any time thereafter shall be admitted to any share or part of this Agreement or to any benefit that might arise there from directly or indirectly due to his employment by or financial interest in PPHC Fiscal Agent or any affiliate of PPHC, without written consent of the State Purchases Review Committee. PPHC Fiscal Agent shall cause the foregoing provisions to be inserted in any work covered by this Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. XI. LOBBYING No Federal or State appropriated funds shall be expended by PPHC Fiscal Agent for influencing or attempting to influence, as prohibited by state or federal law, an officer or employee of any Federal or State agency, a member of Congress or a State Legislature, or an officer or employee of Congress or a State Legislature in connection with any of the following covered actions: the awarding of any agreement, the making of any grant, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any agreement, grant, or cooperative agreement. The signing of this Agreement fulfills the requirement that providers receiving over $100,000 in Federal or State funds file with the State of Maine with respect to this provision. If any other funds have been or will be paid to any person in connection with any of the covered actions specified in this provision, PPHC shall complete and submit a "Disclosure of Lobbying Activities" form available at: http://www.whitehouse.gov/omb/grants/#forms. XII. DRUG-FREE WORKPLACE By signing this agreement, PPHC Fiscal Agent certifies that it shall provide a drug-free workplace by: publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, 7 13-307 SEPTEMBER 23, 2013 possession, or use of a controlled substance is prohibited in PPI -It's workplace and specifying the actions that will be taken against employees for violation of such prohibition; establishing a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace, PPHC Fiscal Agent's policy of maintaining a drug-free workplace, available drug counseling and rehabilitation programs, employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; providing a copy of the drug-free workplace statement to each employee to be engaged in the performance of this agreement; notifying the employees that as a condition of employment under the agreement the employee will abide by the terms of the statement and notify the employer of any criminal drug conviction for a violation occurring in the workplace no later than five days after such conviction. The PPHC Fiscal Agent shall notify the state agency within ten days after receiving notice of criminal drug convictions occurring in the workplace from an employee, or otherwise receiving actual notice of such conviction, and will take one of the following actions within 30 days of receiving such notice with respect to any employee who is so convicted: take appropriate personnel action against the employee, up to and including termination, or requiring the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. XIII. DEBARMENT AND SUSPENSION By signing this agreement, PPHC Fiscal Agent certifies to the best of its knowledge and belief that it and all persons associated with the agreement, including persons or corporations who have critical influence on or control over the agreement, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. PPHC Fiscal Agent further agrees that the Debarment and Suspension Provision shall be included, without modification, in all sub -agreements. XIV. ENVIRONMENT TOBACCO SMOKE By signing this agreement, PPHC Fiscal Agent certifies that it shall comply with the Pro -Children Act of 1994, P.L. 103-227, Part C, which requires that smoking not be permitted in any portion of any indoor facility owned, leased, or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments by Federal grant, Agreement, loan, or loan guarantee. The law does not apply to children's services provided in private residences, 8 13-307 SEPTEMBER 23, 2013 facilities funded solely by Medicare or MaineCare funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 per day and/or the imposition of an administrative compliance order on the responsible entity. Also, the provider of foster care services agrees that it will comply with Resolve 2003, c. 134, which prohibits smoking in the homes and vehicles operated by foster parents. XV. ACCESS TO PUBLIC RECORDS As a condition of accepting an Agreement for services under this section, PPHC Fiscal Agent must agree to treat all records, other than proprietary information, relating to personal services work performed under the Agreement as public records under the freedom of access laws to the same extent as if the work were performed directly by the department or agency. For the purposes of this subsection, "proprietary information" means information that is a trade secret or commercial or financial information, the disclosure of which would impair the competitive position of PPHC and would make available information not otherwise publicly available. Information relating to wages and benefits of the employees performing the personal services work under the Agreement and information concerning employees and Agreement oversight and accountability procedures and systems are not proprietary information. PPHC Fiscal Agent shall maintain all books, documents, payrolls, papers, accounting records, and other evidence pertaining to this Agreement and make such materials available at its offices at all reasonable times during the period of this Agreement and for such subsequent period as specified under Maine Uniform Accounting and Auditing Practices for Community Agencies (MAPP) rules. PPHC Fiscal Agent shall allow inspection of pertinent documents by the State of Maine DHHS or any authorized representative of the State of Maine or Federal Government, and shall furnish copies thereof, if requested. This subsection applies to Agreements, Agreement extensions and Agreement amendments executed on or after October 1, 2009. XVI. TERMINATION Either party may terminate any part of this contract with 30 days written notice, or by mutual agreement The Agreement may be terminated by CITY in whole, or in part, if the State of Maine DHHS Agreement Administrator determines such termination is in the best interest of the State of Maine. CITY will be notified by the State of Maine of any such termination by a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination becomes effective. The Agreement shall be equitably adjusted to compensate for such termination, and modified accordingly. XVII. Additional Terms 13-307 SEPTEMBER 23, 2013 It is understood and agreed between the parties hereto that PPHC Fiscal Agent shall render these services independently and shall be regarded for all legal and tax purposes as an independent contractor and not as a CITY employee. PPHC Fiscal Agent further agrees to be responsible for and indemnify CITY against any claims of liability for worker's compensation claims, social security taxes, withholding taxes and unemployment taxes arising out of this Agreement or these services. As an independent PPHC Fiscal Agent is not entitled to health, disability, retirement or other employee benefits provided by CITY to its employees. As an independent contractor, PPHC Fiscal Agent and Employees are not subject to the direct supervision and control of CITY, whose sole interest is to ensure that services provided by PPHC are competent and in accordance with this Agreement. It is further understood and agreed between the parties hereto that this Agreement shall not create or constitute either a partnership or a joint venture. CITY shall file an appropriate Form 1099 with respect to any compensation paid to PPHC Fiscal Agent hereunder. PPHC Fiscal Agent is responsible to submit a W-9 form by (July 31, 2012) 2. This contract is contingent on CITY receiving Healthy Maine Partnership funding from the Maine CDC. 3. This Agreement shall be governed by and construed in accordance with the laws of the State of Maine. 4. This contract has an effective date of July 1, 2013. 5. The contract will end June 30, 2014. XVII. ENTIRE AGREEMENT This document and the attached DHHS Rider A contains the entire Agreement of the parties, and neither party shall be bound by any statement or representation not contained herein. CITY and PPHC Fiscal Agent, by their representatives duly authorized, agree to the terms outlined in this Agreement. City of Bangor By: Cathy Conlow, City Manager Date: 10 Penquis as Fiscal Agent for Piscataquis Public Health Council By: Charles Newton, Chief Executive Officer Date: 13-307 SEPTEMBER 23, 2013 11