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
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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
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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.
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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
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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
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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,
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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.
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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
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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,
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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,
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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
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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:
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