C.M.R. 10, 144, ch. 502, app 144-502-D
In some cases where it is necessary for the Provider organization to subcontract for the provision of some or all services, the Department of Human Services will require the following:
a Attach copies of signed subcontracts, agreements, contracts or lease agreements with individuals, agencies, corporations, other, which affect this grant, either through receipt of granting funds or through provision of direct services arrangements necessary for the fulfillment of the grant when submitting it for approval.
b Enclose a letter of commitment from any individual, corporation or agency with whom an agreement/contract/subcontract is not yet in writing. -If the application is approved, all letters of commitment must be followed by signed written agreements as stated above, prior to submission to the Commissioner for signature.
c The provider organization with which the Division of Program Analysis and Development holds the original grant shall be held responsible for fulfillment of the grant.
d The provider organization with which the Division of Program Analysis and Development holds the original grant shall be responsible for submitting to the Division all program and fiscal reports and information for the subcontracts.
e All subcontracts receiving CHP funds shall consist of:
1 Subcontract Agency Summary Page
2 Signature Page
3 Certification of Authorization
4 Subcontract Articles of Agreement
5 Rider A;
6 Rider B;
(NOTE::: Riders A and B are to be attached as described in Appendix C of this grant policy manual)
f Provider organizations holding subcontracts shall perform site visits to subcontractee agencies for the purpose of testing:
1 Selected accounts;
2 Program activity (service) record keeping systems.
g Provider organizations shall Provide reports of subcontractee program activity (service) quarterly.
h Provider organizations holding subcontracts shall attach to their final reports:
1 Subcontract program activity (service) reports;
2 Subcontract final fiscal report, using CHPF-010;
3 Subcontract trial balance for the period covered in the contract.
i Provider organization shall determine allowable subcontractee expenses based upon the principle of cost sharing. The Percentage of allowable expenses shall be completed by dividing the subcontract amount by the total allowable expense of the (subcontract) program.
SECTION .09 UNIFORM AND STANDARD STATE ADMINISTRATIVE PRACTICES
SUMMARY: This section identifies Uniform and Standard State Administrative Practices including uniform fiscal year and agreements forms, and community agency agreement register.
A. UNIFORM AGREEMENT FISCAL YEAR
1 Wherever possible, the uniform agreement fiscal year shall be for the fiscal period ending September 30.
B. STANDARD AND UNIFORM AGREEMENT
1 State Departments and agencies shall. at a minimum, use the State of Maine Standard Agreement (See Appendix VIII) whenever an agreement Is awarded by them to any community agency. Any modifications or changes to the existing contract should be attached to the Standard Agreement Summary Page.
2 Individual Federal awards and amounts and State awards and amounts will be clearly identified in Rider A of agreements.
C. STANDARD AND UNIFORM ADMINISTRATIVE POLICIES AND PROCEDURES
1 As a minimum, by January 1. 1990 departments shall adopt the cost principles and administrative requirements contained in the following US Office of Management and Budget (OMB) circulars as applicable to the type of community agency entity being audited:
(a) Public Entity
OMB Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments
OMB Circular A-87, Cost Principles for State and Local Governments
(b) Nonprofit Entity
OMB Circular A-110. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education. Hospitals, and other Nonprofit Organization
OMB Circular A-122. Cost Principles for Nonprofit Organizations
(c) Educational Entity
OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with institutions of Higher Education, Hospitals, and Other Nonprofit Organizations
OMB Circular A-21. Cost Principles for Educational Institutions
OMB Circular A-88. Indirect Cost Rates, Audit, and Audit Follow-up at Educational institutions.
(d) For Profit Entity
OMB Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
OMB Circular A-87, Cost Principles for State and Local Governments.
2. Departments that elect to adopt exceptions to the criteria contained in these OMB circulars shall promulgate rules for such exceptions through the Maine Administrative Procedures Act with the approval of the Commissioner of the Department of Finance.
3. By , departments shall develop program compliance requirements that are expected, as a minimum, to be covered by an audit under these rules. Such program compliance requirements shall be consolidated by the Commissioner of the Department of Finance into a state Program Compliance Manual to be completed by .
MAINE DEPARTMENT OF HUMAN SERVICES
COMMUNITY HEALTH PROGRAM
GRANT APPLICATION
APPLICANT ORGANIZATION
NAME _____________________________________________________
Address ___________________________________________________
__________________________________________________________
Administrator _______________________________________________
Contact Person _____________________________________________
Telephone _________________________________________________
Program Title: ______________________________________________
Time Period: ________________________ ____________________
start date end date
Amount requested: $
Grant Year __________ __________ __________
========================================================
FOR DPAD USE ONLY:
Date Received: _____________________________________________
Committee Action ___________________________________________
Amount Awarded ______________________
Division Grant Manager _______________________________________
STATE OF MAINE
STANDARD AGREEMENT
THIS AGREEMENT, made this ______________ day of ___________ 19___, is by and between the State of Maine, ___________________ hereinafter called "Department," and _______________________ hereinafter called "Contractor," located at __________________________________________________
(Street)
___________________________________________________________________________________
(City, State, zip) (Telephone
Agreement dates; from ______________________ to _____________________
The Employer Identification Number of the Contractor is
_____________________________________________
IRS or Social Security Number
WITNESSETH. that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Department, the Contractor hereby agrees with the Department to furnish all qualified personnel, facilities, materials 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 this contract by reference:
Rider A - Specifications of Work to be Performed
Rider B - Payment and Other Provisions
Rider C - If Applicable
IN WITNESS WHEREOF, the Department and the Contractor, by their representatives duly authorized, have executed this agreement in ________ (Number) originals as of the day and year first above written.
APPROVED AS TO FORM DEPARTMENT:
Date:_____________________19____ _____________________________
Department Name
By:_____________________________ By:___________________________
Attorney General Authorized Signature
______________________________
Typed Name and Title
_______________________________
STATE CONTROLLER
______________________________
Contractor Name
By:____________________________
Authorized Signature
_______________________________
Typed Name and Title
RIDER A
SPECIFICATIONS OF WORK TO BE PERFORMED
(Briefly describe services being purchased by the State under agreement. If detailed specifications are required, refer to specifications and attach to the back of the Contract.)
(Federal and State fund sources shall be identified including agency name, catalogue Federal Domestic Assistance (CFDA) number and any other grant number as applicable Compliance requirements shall be summarized and/or referenced.)
RIDER B
PAYMENT AND OTHER PROVISIONS
1. CONTRACT PRICE $_____________________________
2. INVOICES AND PAYMENTS. Payment shall be made by the Department after receipt of an approved itemized invoice submitted by the Contractor upon his usual billing forms or business letterhead. or upon a form required by the Department. Payments under this contract are subject to the Contractor's compliance with all items set forth in this contract and subject to the availability of funds.
3. BENEFITS AND DEDUCTIONS. If the Contractor is an individual, the Contractor understands and agrees that he Is an Independent Contractor for whom no Federal or State Income Tax will be deducted by the Department. and for whom no retirement benefits. survivor benefit insurance, group life insurance, vacation and sick leave. and similar benefits available to State employee will accrue. The Contractor further understands that annual information returns as required by the Internal Revenue Code or State of Maine Income Tax 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 famished to the Contractor for his Income Tax records.
4. INDEPENDENT CAPACITY . The parties hereto agree that the Contractor, and any agents and employees of the Contractor. in the performance of this agreement. shall act In an Independent capacity and not as officers or employees or agents of the State.
5. CONTRACT ADMINISTRATOR. The Department shall designate a contract administrator who will act as the Department's representative. The Department shall insure that the contractor is given the name of the administrator at the time of the execution of the agreement.
6. DEPARTMENT'S REPRESENTATIVE. The Contract Administrator shall be the Department's representative during the period of this agreement. He has authority to stop the work if necessary to ensure its proper execution. He shall certify to the Department when payments under the contract are due and the amounts to be paid. Be shall make decisions on all claims of the Contractor, subject to the approval of the Head of the Department and in accordance with the policies of the Department.
7. CHANGES IN THE WORK. The Department may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing and signed by the Contract Administrator before executing the work involved.
8. PERIOD OF PERFORMANCE A. Effective Date __________________________
B. Termination Date _______________________
9. SUBCONTRACTS. Unless provided for in this contract.-no contract shall be made by the Contractor with any other party for furnishing any of the work 'or Services herein contracted for without the consent, guidance and approval of the Contract Administrator. Any subcontract hereunder entered into subsequent to the execution of the contract must be annotated "approved" by the Contract Administrator before it is reimbursable hereunder. This provision will not be taken as requiring the approval of contracts of employment between the Contractor and his employees assigned for services thereunder.
10. SUBLETTING, ASSIGNMENT OR TRANSFER. The Contractor shall not sublet, sell, transfer "' assign, or otherwise dispose of this agreement or any portion thereof, or of his right, title or Interest therein, without written request to and written consent of the Contract Administrator. No subcontracts or transfer of agreement shall In any case release 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 because of race. color, religious creed, sex, national origin. ancestry. age. physical handicap, or mental handicap. Such action shall include, but not be limited to, the following: Employment, ungrading, demotions, transfers, recruitment or recruitment advertising.- layoffs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race. color, religious creed, sex, national origin, ancestry, age, physical handicap, or mental handicap.
c. The contractor will send to each labor union or representative of the workers with which he has a collective or bargaining agreement or other contract or understanding, whereby be is furnished with labor for the performances of his contract, a notice, to be provided by the contracting department at agency, advising the "id labor union or workers' representative of the contractors commitment under this section and shall post copies of the notice in conspicuous places available to employees and to applicants for employment.
d. The Contractor will cause the foregoing provisions to be inserted in all contracts for any work covered by this agreement so that such provisions shall be binding upon each subcontractor.
12. EMPLOYMENT AND PERSONNEL. The Contractor shall not engage on a full-time, part-time or other basis during the period of this agreement, any professional or technical 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 public employer of such person.
13. STATE EMPLOYEES NOT TO BENEFIT. No individual employed by the State at the time this contract is executed or any time thereafter shall be admitted to any share or part of this contract or to any benefit that may arise therefrom directly or indirectly due to his employment by or financial interest in the Contractor or any affiliate of the Contractor. This provision shall not be construed to extend 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 than a bona fide 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 bona fide employee working solely for the Contractor any fee, commission, percentage, brokerage fee, gifts. or any other consideration, contingent upon, or resulting from the award for making this agreement. For breach or violation of this warranty, the Department shall have the right to annul this agreement without liability or, at its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage. brokerage fee, gifts, or contingent fee.
15. ACCESS TO RECORDS. The Contractor shall maintain all books, documents, payrolls, papers, accounting records and other evidence pertaining to this agreement and to make such materials available in their offices at all reasonable times during the period of this agreement and for such subsequent periods as specified under MAAP rules. The contractor shall allow inspection of pertinent documents by the Department or any authorized representative of the State of Maine or Federal Government, and copies thereof shall be furnished, If requested.
16. AUDIT. Funds provided under this agreement are subject to the audit requirements contained In the Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP), and may further be subject to audit by authorized representatives of the Federal Government.
17. TERMINATION. The performance of work under the contract may be terminated by the Department in whole or, from time to time, in part whenever for any reason the Contract Administrator shall determine that such termination is in the best interest of the Department. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of the work under the contract is terminated and the data on which such termination becomes effective. The contract shall be adjusted and modified accordingly.
18. GOVERNMENTAL REQUIREMENTS. The Contractor warrants and represents that all governmental ordinances, laws and regulations shall be complied with.
19. INTERPRETATION AND PERFORMANCE. This agreement shall be governed by the laws of the State of Maine as to interpretation and performance.
20. STATE HELD HARMLESS. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services. materials or supplies In connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract and against any liability. including costs and expenses for violation of proprietary rights, copyrights, or rights of privacy, arising out of publication, translation. reproduction. delivery. performance. use or disposition of any data furnished under this contract or based an any libelous or other unlawful matter contained in such data.
21. APPROVAL. This contract is subject to the approval of the Maine Attorney General's Office and the State Controller before it can be considered as a valid document.
22. ENTIRE AGREEMENT. This contract contains the entire agreement of the parties, and neither party shall be bound by any statement or representation not contained herein.
C.M.R. 10, 144, ch. 502, app 144-502-D