Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 502 - COMMUNITY HEALTH PROGRAM GRANTS POLICY MANUAL AND APPLICATION › Appendix 144-502-D - AGREEMENTS/SUBCONTRACTS/CONTRACTS

Current through 2024-29, July 17, 2024
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.