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HomeMy WebLinkAboutCOM 0416.000 1996-1998 Mtn a ~•i•~ Stephen K. Yamashiro ~ William Takaba Mayor Pzecutive on Aging ...fir (~uixnfg of ~ttfuttii OFFICE OF AGING Hilo lagoon Centre, 101 Aupuni Street, Suite 342 Hilo, Havwii 96720-4262 (HOS) 961-8600 C~- C_ C ~ f" fV MEMORANDUM - - TO: James Arakaki, Chairman Hawaii County Council i. FROM: ~~William Takaba, Executive on Aging llATE: July 24, 1997 SUBJECT: Adult Chore Services Grant #DHS-98-POS-6052 Enclosed for your review and signature are two copies of an adult chore services grant #DHS-98-POS-6052 from the Department of Human Services. Also enclosed is a resolution drafted by the Corporation Council which will allow the Council Chairman to sign the grant. Please return the grant to our office so we may proceed and secure the other appropriate signatures. Please contact Dennis Shigeta of our office should you have any questions regarding the grant. Thank you for your assistance. ds Enclosures •arTF File 1(0. Naf. 'fo: id1L 2 9 1997 Rat. An Area Agency on Aging DHS-98-POS-6052 PIIRCHASE OF SERVICES ##iirrrrrr###*####rr##*###riirrrirrrrfrlfrrA#r AGREEMENT BETAEEN STATE OF HAAAI'Z, DEPARTMENT OF HIIMAN SERVICEB AND AGENCY: HAWAII COIINTY OFFICE OF AGING ADIILT CHORE SERVICES MAILING ADDRESS: 101 AIIPIINI ST., SIIITE 342 HILO, HI 96720 rr#####rrrarraw###rr##rrrrrr#r###rrrrrrrr#:rar ~'-'r~ _ ~ STATE OF HAWAII AGREEMENT FOR GRANTS, SUBSIDIES, AND PURCHASES OF SERVICE This Agreement, effective the lot day of Juiv . 19 97 is enured into between the DEPARTMENT OF HUMAN SERVICES (hereinafur a+.. ~.I..."..... w "..a "AGENCY"), State of Hawaii (hereinafter "STATE"), by its DIRECTOR OF xUMAN SERVICES (hereiaafur "DIRECTOR"), and the County of Hawaii (hereinafter"AWARDEE"), a municival oreanization under the laws of the Stau of Hawaii ,whose business address and taxpayer identification number are as follows: 25 Aupuni street, xiio, Hawaii 96720 Federal ID 1199-6000567 State ID 1130016002 RECTfAI.S A. Chapter 42D, Hawaii Revised Statute; establishes standards for disbursing public funds to privau organizations to fulfill specified public purposes. B. The AWARDEE has requesud funding from the State of Hawaii for the project or program described is Attachment 1 of this Agreement C. The STATE finds that the AWARDEE's performance as described in Attachment 1 of this Agreement will fulfill the public purpose set forth therein. D. The STATE desires to contract with the AWARDEE to fulfill the specified public purpose, and the AWARDEE is agreeable to performing under this Agreement E. Money is available to food this Agreement pursuant to: (1) ACT 328, SLH 1997 Or (2) N/A 1r.~r~.r !r."6Ir'r ~.r or both, in the following amounts: Stau S 138.254 Federal S -0- F. Pursuant to chapter 42D, Hawaii Revised Statutes, and Section 346-63 xawait Revised statutes ,the STATE is authorized to eater into this Agreement r......+. e . ~ NOW, THEREFORE, is consideration of ffie promises contained is this Agreement, the STATE and the AWARDEE agree as follows: 1. ~pc of Performance. The AWARDEE shall perform, in a proper and satisfactory manner as deurmined by the STATE, the project or program described is Attachment 1, which is hereby made a part of this Agreement Fo.~ wo-swam n.o» Z Time of Perferntanet TLe pew iaaae regaasd of the AWARDED nada this A~eemeat shall be eompkted is aao~aaee with the Tone Sehedale' set forth in Attachment 2, which is hereby made a part of this A~trment 3. The AWARDEE stall be oompeasated for performance sad mats incurred under this Agreement aoeordiag to the •Compettarioa :ad Payment Schednk' act forth is AmeLmeat 3, which is hereby made a part of this Agreement 4. Standards of Condnet Declaration. Tht: Standards of Coadt:a Declaation by AWARDEE. set forth ~ia Attachment 4, is hereby trade a part of this Agreement S. Other Terms and Coeditiotu. TLe General Conditions and the Spedal Conditions (if say}, set forth is Amehmeats S sad 4 are Lereby made a part of this Agreement In the event of a ooafliet belweea the General Conditions and the Special Conditions, the Spedal Conditions shall a~trol IIQ WFIEREOF, the STATE sad the AWARDEE Lave ~ this Agreement e$~-as of the date first above vRitnen. - - - STATE Y ~~~o ~ i j~ DIRECTOR - - - - - (I'rtle) AWARDEE Br Its MAYOR T • APPROVED AS TO FORM: Depnty Atsorary Geaesal sy Its Council Chairman •Evldanaa of autlgtfttr of tha AWARDES'a rapt~wntatM m aiOtt this Agtaaewnt ter ttr AWAY earl tM aaaelyd. - 2 woawosrs fs~ AWARDEE'S ACKNOWLEDGMENT State of 1 SS. County of 1 On this _ day of 19 .before me personally appeared . to me personally known, who being by me duly sworn, did say that heJshe is the of the AWARDEE aamed in the foregoing iastrumeat, and that helshe is authorized to sign said ittstrumeat on behalf of the AWARDEE. and aclmowledges that he/shc executes said instnrment as the free as and deed of the AWARDEE Notary Public. My commission expires: - Fes wC-3~wGSPS R•9n Resolution of the Board of Directors of At a duly constituted meeting o! the Board of Directors of the • , held on the day of - 19 the following resolution vas adopted: RESOLVED: That of , ba and hereby era, authorized and empowered to enter into any contract or agreement on behalf of said Corporation with the Dnitsd States Government or the State of Hawaii or the City and County o! Honolulu for furnishing any products or services dealt in by said Corporation; and to aYacuta, deliver, and aclrnowledge such contracts or agreements on behal! o! said Corporation, also to execute, deliver, and aGcnowlsdge on behalf o! said Corporation all necessary bonds for the parlormancs of such contracts or agrsaments. Z, the undercigned, hereby cartily that the foregoing is a true copy o! the resolution adopted by the Board of Directors of the Corporation at a meeting of said Board held on the aforementioned date, and entered upon the regular minute book of said corporation had lawful authority to adopt the said resolution and to confer the powax's thereby granted to the o=lfcers therein named, who havs lull povar and lavtul authority to aYercise the same. Dated: BY= - Its: corporate Saal: u Attachment 1 SCOPE OF PERFORMANCE 1. Scope of Service. AWARDEE agrees to perform the following work contained in this Attachment 1 all in strict accordance with the terms and conditions of this Agreement. It is understood that this Agreement includes as a part hereof the Request for Proposal (RFP), any and all amendments and addenda issued thereto, AWARDEE's proposal, and any and all amendments and addenda submitted in response thereto, and forms an integral part of the Agreement between AWARDEE and STATE. AWARDEE shall perform all of the services and provide and deliver to STATE all of the deliverables described in this Agreement. The Agreement shall be construed in accordance with the laws of the State of Hawaii. Services should be provided at the following designated services site(s): Hawaii County: Services will be delivered in clients' home . 2. Service Availability. AWARDEE shall maintain the capacity to deliver services throughout the term of the Agreement. The level of capacity to deliver services each month of a contract year shall be no less than the annual number of service units divided by the number of months in the contract year. 3. Activity Reports. AWARDEE shall submit written quarterly Activity Reports to STATE within thirty (30) calendar days following the end of each quarter. The first report shall be due on or before October 30, 1997. Such report shall be in the format as specified by STATE. 4. Expenditure Reports. AWARDEE shall submit written quarterly Expenditure Reports to STATE within ht irtY (3,~ calendar days following the end of each quarter. The first report shall be due on or before October 30, 1997. Such report shall be in the format as specified by STATE. 5. Additional Reports. AWARDEE shall furnish any additional reports or information that STATE may reasonably require or request. 6. Meet with STATE to Discuss Progress. AWARDEE shall, upon reasonable request by STATE, meet with representatives of STATE to discuss the progress of work required hereunder. 7. Service Plan. AWARDEE agrees to maintain a service plan for each individual or family receiving direct benefits or services described in the Purchase of Services RFP. The service plan shall include all services to be provided to accomplish the -1- Attachment 1 specific goal(s) established for the individual or family and will be updated semi- annually to insure that only appropriate services are provided. 8. Eligibility Information. AWARDEE shall obtain and transmit necessary information from the individual or family needed to determine eligibility as requested by STATE. 9. Notify AGENCY Worker. AWARDEE shall immediately notify STATE social w rk r when: a. a STATE referred individual is absent from a residential program for 24 hours or from a day program for five (5) consecutive days; b. an individual's or family's whereabouts are unlrnown; c. an individual or family undertakes any action which may influence that individual's or family's eligibility for services. -2- k Attachment 2 TIME SCHEDULE This Agreement shall commence on July 1,1997 and shall end on June 30,1999, unless this Agreement is sooner terminated as hereinafter provided. The STATE may offer to the AWARDEE to extend this Agreement an additional two yeazs. Upon acceptance of such offer, the Agreement may be amended to end no later than June 30, Z.4S11• Any offer to extend this Agreement shall be submitted in writing to the AWARDEE no later than March 30, QQ. -1- Attachment 3 COMPENSATION AND PAYMENT SCHEDULE 1. Sum Not to Exceed. Subject to continuing availability of State and Federal funds, STATE agrees to pay AWARDEE, for services satisfactorily performed under this Agreement, a sum based on payment rate per unit of service, or a sum not to exceed ONE HUNDRED THIRTY-EIGHT THOUSAND. TWO HUNDRED FIFTY-FOUR AND NQ/100 DOLLARS (138.254 FY'Q$ FY'QQ State Funds $ 127 $ 69.127 Federal Funds $ N/A $~~T/A (CFDA t~ 11 it TOTAL $ 127 $ 69.127 2. STATE Payment. Section 103-10, Hawaii Revised Statutes, provides that the State shall have thirty (30) calendar days after receipt of invoices or satisfactory delivery of goods or the performance of services to make payment. For this reason, STATE will not recognize any requirement established by AWARDEE which requires payment within a shorter period, or interest payment, if any, not in conformance with statute unless agreed upon herein. 3. Additional Obligation. No subcontract shall be deemed in any way to provide for the encumbrance of any additional obligation of STATE other than the contract cost as specified in Agreement. 4. Rates Not Greater than for Comparable Services. Where applicable, AWARDEE shall certify that the service unit of payment under this Agreement is not greater than the rate it charges to any other Public or Private agency or individuals for comparable services. 5. No Additional Fees. AWARDEE agrees that no additional fees for services shall be charged to eligible recipients for services provided under the terms of this Agreement unless otherwise permitted by STATE and that the inability of the recipient to pay the additional fees shall not be used as the basis for non-participation of the recipient who is otherwise qualified and eligible. -1- r Attachment 3 6. Refund Payments for Services not Authorized. AWARDEE agrees to refund all payments received from STATE for any family or individual or unit of service which was not authorized by STATE. Such refunds shall be made within fifteen (15) calendar days of written notification by STATE. Should the refund not be forthcoming due to a disagreement between both parties, such dispute shall be submitted to the Director for resolution. 7. Reporting Penalty. Should AWARDEE fail to file the written Activity and Expenditure reports with STATE on or before the required date, STATE is authorized to withhold funds owed to AWARDEE until such time as the reports are acceptable and placed on file with STATE. 8. Method of Payment. a. Payments shall be made to AWARDEE quarterly, at the beginning of each quarter, for services to be provided in accordance with this Agreement. The first advance payment will be made for the quarter which commences on July, 1997, upon submission of an invoice received from AWARDEE, specifying to the satisfaction of STATE, that the work under this Agreement will be performed in conformance with the Agreement and that AWARDEE is entitled to receive the amount payable under the terms of this Agreement. Payment for the subsequent quarters will not be processed until the receipt and preliminary approval by the STATE of the Quarterly Activity and Quarterly Expenditure Reports due no more than 30 days after the end of the previous quarter. All chazges shall be supported by statements indicating who AWARDEE provided services to and types of services AWARDEE rendered. The STATE shall withhold paymenu of approximately one-twelfth (1/12) of the total compensation from the last month of each fiscal year until final settlement of this Agreement. b. The invoices, original plus two (2) copies, shall be on forms approved by STATE. Invoices shall include AWARDEE's name shown in Agreement, the Agreement number, and a detailed breakdown of AWARDEE's chazges. c. After the initial payment, written requests for payment shall be followed by the iarterl Activity and Expenditure reports required under this Agreement. The reports shall be reviewed by STATE and shall be subject to STATE's preliminary determination of appropriateness, and permissibility of the reported expenditures. STATE's preliminary determination of appropriateness and permissibility of the reported expenditures shall be subject to later verification and subsequent audit. -2- Attachment 3 d. If an amount of reported expenditures is preliminarily determined by STATE to be inappropriate and unallowable, STATE may deduct an equivalent amount from the nett payable installment due and may withhold payment of the amount of monies equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means. If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by STATE to be inappropriate and unallowable, STATE may require that an equivalent amount of monies be refunded to STATE notwithstanding STATE's preliminary determination of appropriateness and permissibility. 9. Budget Revision. This Agreement constitutes approval for the expenditure of funds for specific items in the AGENCY approved budget. Except as provided below, the AWARDEE may make revisions between the budgeted line items within the total budget amount of the program, provided that the funds are used for allowable costs of the program and do not exceed 104b or $500 of the budgeted line item, whichever is more. Items requiring prior approval include: Object cost categories not included in the original budget; and any increase to the personnel, other personnel, equipment, travel, and consultanUcontract service categories. ]0. Budget Standard. Such payment shall include all of AWARDEE's services, materials, supplies, equipment, overhead, taxes, and other incidentals and operating expenses of AWARDEE for this Agreement that are in accord with the Cost Principles of the 12FP. 11. Utilization Review. A review of the utilization of the service shall be conducted at the end of nine (9) months of the first fiscal year of the Agreement. Based upon the findings of the review and in accordance with other assessments of service need, the State may increase or reduce the amount of services to be purchased and the level of payment in the succeeding fiscal year. The reduction and payment shall be made in accordance with the attached Attachment #8, Service Capacity and Payment Rate, which by this reference is made a part hereof. -3- s Attachment 4 - 'TANDARDS OF CONDUCT DF""r.ARATION ~ " For she ptttposes of this dechratioa: 't:onuolliai iatarst' trteans as interm in a btuinea or other aadersalvnj which is wtLdeat in tea to coaaol, whether the interest be Renter or lest than fitly per cent 'Employee' mean nay ttomiaated. appointed or elected otfioer or employee of the State. indudin~ members of boaeds, mmmimoas, noel eottrmittees, and employees oader mntract to the State or of a tanstitntional mevsatioa, but earludia~ kp:tatorx dekptes to a eoastirntional eoovention. justices. and jud0es Oa behalf of , AWARDEE. the uadeaiped does declare. order peachy of perjury. as Eolloars: 1. AWARDEE (is) (is notl a kpslator or m empkryee of a business in which a kpshnor or as employee has a eantrolfia~ interest.' 2 AWARDEE bas trot been asssted or represented by • kpslator or empbyee for a tee or other mtttpeasatim to obtain this ARaemeat attd wr71 tat be assisted or repssseated by a kpslasor or employee for a tee or other mngretttatioa io the pertotntanoe o[ the Ageemeat. tt the kpslator or employee had bees iavotved in the development or award of the AReemeat 3. AWARDEE hat trot been assisted or represented 6or a [ee or other otrmpemtioa is the award of this ARaement by as AGENCY empbyce r# in the ease o[ the I.spslatore, by a kpdator, 4. AWARDEE has not been represented or asosted pasoeally r>e matters teLted to the AReement by a former etapbyae o[ the AGENCY who, within the premdiei two yeah partiapated while is sate otfue or emphrymeat oa the tsmtter with w6ieh the eoateaets directly omrrsraed S. AWARDEE hm not bees repte»nted or assisted oo mettet: reLted to this AReemeat. for a tee or other meadaation by m individoal who. within the part twelve months. has bees as AGENCY employee, or is the ease o[ the l.epstatttre. a kpsiator. 6. AWARDEE has sot bees represented or astiseed in the award o[ this ARsemeat [or a [ee or other consideration by as individual who. a) within the past twelve months, served as an AGENCY carployee or in the ease of the Lepthmre. a kpslator. cad b) partidpated wWle m entpbyee or kysiator on matters related to thin Ayteemeat AWARDEE aadersaadt that the AReeateat b whie6 this doeaateats attached is voidable on behalf of the STATE it this AReetaem was entered into in violation o[ nay provision of chapter 84, tias"aii Revised Salutes, oommoaly tefemd to as the Code o[ EthiQ indadin~ the provisioes which am the source o[ the declarations above. Additiona0y, nay tee, contpenatioa, pft. or profit received by any person as a testtlt of a violatim of the Code of Ethic may be teewersd by the STATE DATED: HonolWu. Hawaii, . 19_ AWARDEE By Its • Reminder to the AGENCY: It'[f in declaration 1 is cirele4 the AGENCY it rertaired, order anion 04-15. Hawaii Revised Satntes. m the with the Sate Etbia Commission tm (10) days before the Apeemeat k entered into. a written justification as to why the AReement was not required to be ootttpetitivefy bid. Fo.m wG1wOSR R•orl Attachment S STATE of HAWAII GENERAL CONDITIONS FOR GRANT, SUBSIDY, AND PURCHASE OF SERVICE AGREEMENT'S 1. ~wardee's Oualifving Standards. a. The AWARDEE is a profit organization incorporated under the laws of the State of Hawaii or a nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax. b. If the AWARDEE is a nonprofit corporation, AWARDEE has a governing board whose members have no material conflict of interest and serve without compensation. a The AWARDEE bas bylaws ~ politic that desrnbe the manger in which business is conducted and policies that relate to nepotism and management of potential conflicts of interest. d. The AWARDEE has at least one year's experience with the project or in the Program area for whkh the award is made: or has been granted an esxeption to this standard by the Director of Finance or the Administrative Director of the Courts e. The AWARDEE is licensed and aosredited in accordance with federal, state, or county rcquirsmentt. 2 ,~p~srrv C`a~ditions a. The AWARDEE has agreed to and wt7l during the term of this Agreement (I) Employ m have under contract persons qualified to engage in the activity to be funded under this Agreement (2) If the AWARDEE is a nonprofit organization, it does not employ or have ender contract any two or more members of a famt7y or kin of the first or second degree. unless agreed to is this Agreement (3) Not grant any salary or benefit increases to its employees or wntraetors with public funds unless the increases arc agreed to in this Agreement (4) Comely with appliabk federal and state laws prohibiting discrimination against nay person. . (S) Not use public funds for entertainment or perquisite. For the purpose of this Agreement, 'perquisite' means a prinTege furnished ar a service rendered by the AWARDEE to an employee, officer, director, ~ member ~ the AWARDEE to reduce that individual's personal expenses (ti) Comply with any other requirement that the Director of Finaaee or the Administrativc Director of the Courts may prescribe to ensure adherence by the AWARDEE to federal, snce. and county laws. b. The AWARDEE shall allow the STATE, the Director of Finanee or the Administrative Director of the Cour4r, the coatmittee of the legislative bodie and their staffs, and the I.egishttivc Auditor full access to records, reports, file. gad other related documents so that the program, management, and fiscal practice of ffie AWARDEE may be monitored gad evaluated to assure the proper gad effective expenditure of public funds. This right of access shall last as long as the records and other related documents arc retained. 3. Reoortina and Recordkeeoina Repuirements a. Within thirty (30) days after the expiration of the time for performance, the AWARDEE shall submit to the STATE a Fmsl Project Report in a form satisfactory to the STATE, docameating its overall efforts toward meeting the requirements of this Agreement 1 w. ~as+u'.srs ryes) v Attachment and listing expenditura actually incurred is the performance of this Agreement The AWAItDEE shall return any unencumbered funds to the STATE. b. The AWARDEE shall, in axordaaa with geaeagy accepted accounting practiw, maintain fiscal records and supporting documents and related files, papers, receipts, rcpom, and other evidence that sufficiently and properly reflect all direct and indirect expenditures and management and fiscal practices related to the AWARDF_E's performance under this Agreement The AWARDI E shall retain all records related to the AWARDEEs performance under this Agreement for at least ffim (3) years after the date of submission of the AWARDEE's final Project Report 4. Smokin: Poliev. The AWARDEE shall implement and maintain a written smoloag polity as required by chapter 328IC, Hawaii Revised Stawtes S. Conflicts of Interest The AWARDEE represents that neither the AWARDEE, nor nay employee or agent of the AWARDI~, presently has any interest, and praxises drat no such interest, direct or indirect. shall be acquired, that would or mighc conflict is any manner ar degree with the AWARDEE's performance under this Agreement ti. Comaliance with Iiws The AWARDI~ shall COmply with all federal, state, and county laws, ordinances, eodea, rules, and regulations. as the same may be amended from time to time, that is nay way affect the AWARDEE's performance under this Agreement 7. Indemnifiertionnnd Defense. The AWARDI~ shall defend, indemnify, and hold harmless the State of Hawai4 the contracting ageary; and their offtoe:s, employee; and agents from and'against all claims, damages, and coats, indndiag attorneys' fees, arising out of or is connection with dre acts or omissions of the AWARDI~ under this Agreement The provisions of this paagrap6 shaU.rcmaia is full force and effect aotwithshndiag the expiration or early termination of this Agreement 8. jpg~ The AWARDF~ shall obtain. maintain, and teep in fora throughout the period of this Agreement IiabUity insurance issued by an iasuraaoe oompaay in a combined amount of at least ONE MII.L.ION AND NO/100 DOLLARS (S1.000.000.00), or sack other amount requested in writing by the AWARDEE and. for good cruse shown, approved by the DIRECTOR, oa Attachment S~ attached hereto and made a part of this Agreement, for bodt7y injury and property damage liabtlity arising out of each occurrence. which inmraxee provides that it is the primary insurance far the State of Hawaii, the contracting ageary, and their officers, employees, and agents for any liabr7ity arising nut of or reaultiag from aocurreaoes connected with the AWARDEE's pedormaace under this Agreement Prior to or upon execution of this Agreement, the AWARDEE shall obtain a oesti6ate of imntnaee verifyixg the adstenee of the aecarary liability insurance coverage iachrdiag the coverage of the State of Hawaii, and ib offcers, employes„ sad agents. The parties agree drat the insurance polity shall be attached hereto as Attachment 9 and be a part of this Agreement If the scheduled expiration date of the liabr7ity insurance polity is earlier than the expintioa date of the time for performance under this Agreement, the AWARDEE, upon renewal of the poiiry, shall promptly cruse to be provided to the STATE as updated certificate of insurance. The eertiftcates of insurance shall expressly provide that the inwrance polity sbaU not be cancelled unless ffie insurance campaay has first given to the STATE thirty (30) calendar days' wrima notice of the intended cancellation. Z t~ aoa.~asrs l=-nJ ' Attachment S 9. Relationship of Parties; Independent Contractor Statns and RespoavbtL'ties, Inelu 'pg_Tax Resnonstbitities a. Ia the performance of this Agreement, the AWARDEE is an 'independent contractor; with the authority and responsibility to control and direct the performance required under this Agreement; however, the STATE shall have a general right of inspection to determine whether, in the STATEs opinion, the AWARDEE is is compliance with this Agreement b. The AWARDEE and the AWARDEE's employees and agents arc not, by reason of this Agreement, agents or employees of the STATE for any purpose, and the AWARDEE. and the AWARDEE's employees and agents arc not entitled to claim or receive from the STATE any vacation. sick leave, retirement, workers' compensation, unemployment insurance, or other benefits provided to sate employes. e. The AWARDEE shall be responsibk for the aeenrary, completeness, and adequary of its performance under thu Agreement Furthemiorc, the AWARDEE intentionally. voluntarily, sad knowingly assumes the sok and entire ]iabUity to the AWARDEE's employees sad agents. and w soy individual not a party m this Agreement, for all lass, damage, or injury caused by the AWARDEE, or the AWARDEE's employees or agents in the course of their emplolrmeat d. The AWARDEE shall be responsible for payment of aD applicable federa>. state, and county taxes and fees which may become due sad owing by the AWARDEE by reason of this Agreement, including but not limited m (i) iaeoma taxes. (iii employment related fees, assessments, and taxes, sad (iii) general ezdse taxes. The AWARDEE aL~a is responsible far obtaining all licenses. permits, and certificates that may be required in order to perform this Agreement e. The AWARDEE shall obtain• a general eseise to licxnae from the Department of Tax:tioa, State of Hawaii. is acoordaace with section 237-9, Hawaii Revised Statutes, and shall comply with all requirements of that chapter. The AWARDEE:baU be solciy responsible for meeting all requirements necessary to obtain the ta: clearance certifieau required for final payment wader sections 103-53 sad 237-45, Hawaii Revised Statutes, and paragraph 10 of these General Conditions, indndiag, but not limited tn, obtaining a general eiocise tax license. L The AWARDEE is responsible for securing all employee-related' insurance coverage for the AWARDEE at?d the AWARDEE's employees and agents that is required by lour, and for payment of all premiums, costs. sad other UabUities associated with acciiring the insurance ooveraga 10. )'~yment Procedures: Final P~vment Tax Clearance. M paymeatsnnder this Agreement shall be made only upon submission by AWARDEE of invoices specifying the amount due sad certifying that it has completed performance is accordance with the Agreement Such payments arc subject to avulabUity of funds sad allotment by the Director of Finanee in accordance with chapter 37. Hawaii Revised Statutes Farther. all payments shaD be made iw accordance with and subject to chapter 40, Hawau Revised Statutes Final payment under this Agreement shall be subject to sections 103-53 and 237- 45, Hawaii Revised Statutes, which require a tax clearance from the Director of Taxation. State of Hawaii, showing that all delinquent taxes, if any, levied or accttied wader state law against the AWARDEE have been paid. _ 3 ro. was.waus tzar ~ o Attachment S 11. j~edetal Funds. if this Agreement is payable in whole or in part from federal funds, AWARDEE agrees that, as to the portion of the obligation under this Agreement to be payable out of federal funds, the AWARDEE agrees to be paid only from such fedezal funds received from the federal government. and shall not be paid from nay other funds. 12 Publicity. The AWARDEE sha14 in all news releases, public statements, aanouneemeats. broadcasts, posters, programs, and other printed or published materials relating to AWARDEE': performance under this Agreement, uknowledge that the project, event, program. or activity is supported by the State of Hawaii and the contracting ageac7~ through appropriations made by the Legislature of the State of Hawaii 13. Confidentiality of Material. a. All material given to or made available to ffie AWARDEE by virnre of this Agreement. which is identified as proprietary or confidential information, will be safeguarded by the AWARDEE wad shall not be disclosed to any individual or orgaaiation without the prior written approval of the STATE. b. All information. data. or other material provided by the AWARDEE to the STATE shall be subject to the Uniform Information Praetioes AcK. eh. 92F, Hawairi Revised Statutes 14. Subcontracts and Assig mn tints. Tae AWARDEE shaD not as>oga air subcontract nay of the AWARDEE': duties. obligations, or interests under this Agreement without the prior written consent ot• the STATE. Additionally. no assignment by the AWARDEE of the AWARDEE': right to compensation under this Agreement shall be effective naless wad untt7 the assignment is approved by the Comptroller of the State of Hawaii. as provided in section 40.58. Hawaii Revised Statute: ~~~~*+~~~ion and Termination otAstreement a. The STATE reserves the right at nay time wad for nay reason to suspend this Agreement for aIIy reasonable period, upon written notice to the AWARDEE Upon receipt of said notir.. the AWARDEE shall immediately eontply with said nodes and suspend all performance under this Agreement at the time stated. b. If, for nay cause, the AWARDEE breaches this Agreement by farliag to satisfactorily fulfill in a t®ely or proper manner the AWARDEE's obligations nnder this Agreement or by failing to pesform any of the pryrises, term:, or eoaditiom of this Agreement. and having bees given reasonable notice of wad opportunity to care such default, fails to take satisfactory corrective action within the tarns specified by the STATE. the STATE shall have the right to urminate this Agreement by giving written nodes to the AWARDEE of such termination at least seven (7) ealendu days before the effective date of such te:miaatioa. Furthermore, the STATE may terminate this Agreement without statement of cruse at airy time by giving written notice to the AWARDEE of such termination at least thirty (30) caleadu days before the effective date of sneh termination. a Upon tezminatioa of the Agreement. the AWARDEE. within thirty (30) days of the effective date of such termination. shall eomp7e and submit in an orderly manner to the STATE an aorounting of the work performed up to the date of termination. In such event. the AWARDEE shall be paid for the actual cost of the services rendered, if any. but is ao event more than the total c~rpeasation payable to the AWARDEE nnder this Agreement 4 F.. wa.swnvs n•ar Attachment S d. If this Agreement is uratinaud for ruse, the AWARDEE shall not be relieved of liability to the STATE for damages sustained because of any breach by the AWARDEE of this Agreement In such event. the STATE may retain any amounts which may be due and owing to the AWARDEE until such time as the exact amount of damages due to the STATE from the AWARDEE bas been determined.. The STATE may also set off any damages so determined against the amounts retained. 16. Disouta No dispuu arising under this Agreement may be sued upon by the AWARDEE until afar the AWARDEE's writun request to dte DIRECTOR to informally resolve the dispuu is rejected, or until ninety (90) days after the DIRECTOR's receipt of the AWARDEE's writun request whichever comes first. W6tle the DIRECTOR considers the AWARDEE's written request. the AWARDEE agrees to proceed dtlt'gently with the performance necessary to coorpleu the Project unless otherwise instructed in writing by the DIRECTOR 17, Stau Remedies. The AWARDEE understands that in the event that it no longer meets all of the standards and eoaditions set forth in paragraphs 1 and 2 of these General Conditions, or in the event that AWARDEE Earls to cAmply with nay of the other requirements, provisions. or conditions set forth in this Agreement, that the STATE may refuse to make further payments to AWARDEE under this Agreement AWARDEE further understands that pursuant to ehapur 42D, Hawaii Revised Statutes, if it is found to have withheld or amitud nay material faces or deliberately misrepresented aoy Estes to the STATE. it shall be prohbiud from requesting a ;rant ar subsidy or submitting a proposal for a purchase of service agreement from the Stau of Hawaii for a period of five (5) years after the dau of that finding. 18. Modifications of Agreement Any modification, alteration, amendment, change, or actension of nay term. provision. or condition of this Agreement shaD be made only by written amendment to this Agreement, signed by the AWARDEE and the STATE. 19. Notice Any written notice required to be given by a parry to this Agreement shall be (a) delivered personally. or (b) seat by United States 5rst class marl, postage prepaid, to the DIRECTOR :t the DIRECTOR's office in Honoluhr. Hawaii, or to the AWARDEE at the AWARDEE's address as indicated in the Agreement A notice shall be deemed to have been received three (3) days afar ma7iag or at the time of acaral receipt. whichever is earlier. The AWARDIsE is responsible for notifying the DIRECTOR is writing of ary change of addrea 20. Waiver. The fat7ure of the STATE to insist upon the strict compliance with nay term, provision or condition of this Agreement shall not conatituu or be deemed to constitute a waiver ~ relinquishment of the STATE's right to enforce the same is accordance with this Agreement 21. ~v pbfirty' In the event that any provision of this Agreement is declared invalid or unenforceabk by a court, such invalidity or uaenforeeabi7i'ty shall not affect the validity or eafortxabi`4'ry of the remaining carats of this Agreement 2Z Governing Ina. The validity of this Agreement and nay of its terms or provisions. ss well ss the rights and duties of the parties to this Agreement, shall be governed by the laws of the Stau of Hawaii. Any action at law or in equity to eaforu or inurpret the provisions of this Agreement shall be brought in a stau court of competent jurisdiction is Honolulu, Hawaii. S sasAC.vs ryv>) f Attachment 6 , SPECIAL CONDITIONS 1. Failure to Deliver. The inability of AWARDEE to provide the necessary personnel shall not be an acceptable reason for failure to complete the services required. Failure to complete any pazt of the services contained in Attachment 1, Scope of Performance, shall be deemed to be a total failure to deliver service, entitling STATE to terminate this Agreement. The service shall not be deemed delivered or performance completed, until all elements of each service aze delivered and/or completed and accepted by STATE. 2. Insurance. For the purposes of this Agreement to which this Attachment 6 is attached Paragraph 8, GENERAL CONDITIONS, Attachment 5, deleted in its entirety and all parties agree that the insurance requirement is not operative. 3. Notice. For purposes of the Agreement to which this Attachment 6 is attached, paragraph 19 of the General Conditions, Attachment 5 is deleted in entirety and replaced with new Notice to read as follows. Any notice, bill, invoice, report, request, correspondence, approval, communication or demand that either pazty desires or is required by this Agreement to give the other party shall be in writing and either served personally or sent by pre-paid first class mail to the addresses noted below. Either party may change its address by notifying the other party of the change in address in writing. Notices of the change in address shall be deemed communicated within forty-eight (48) hours from the time of mailing if mailed as provided in this paragraph. STATE: Department of Human Services Social Services Division Support Services Office -Program Support 810 Richards Street, Suite 400 Honolulu, Hawaii 96813 AWARDEE: Hawaii County Office of Aging 101 Aupuni St., Suite 342 Hilo, Hawaii 96720 -1- Attachment 6 4. Force Majeure. Neither party shall be held responsible for delays or failures in performance resulting from acts beyond control of such party. Such acts shall include, but not be limited to, acu of God, labor disturbances, riots, acts of waz, epidemics, government regulations imposed after the fact, fire, flood, communication line failures, power failures, shortages of transportation, earthquakes, hurricanes, or other causes beyond such party's control, provided that such party notifies the other party of such delay and the reason therefore as soon as practicable after its occurrence and requests extension prior to the specified date of product delivery, service, reports, or responses. 5. Modifications of Agreement. In addition to paragraph 18 of the General Conditions, Attachment 5, the party requesting an amendment, modification, alteration, change, or extension of any term, provision, or condition of this Agreement shall allow thirty (30) calendaz days for consideration and approval of the request. No amendment, modification, alteration, change, or extension of any term, provision, or condition of this Agreement may be made during the last sixty (60) calendar days of the Agreement, nor the last sixty (50) calendar days of the State fiscal yeaz, unless STATE initiates the request for an amendment, modification, alteration, change, or extension of any term, provision, or condition of this Agreement. 6. For Business Termination. In addition to the requirements of Paragraph I5, Suspension and Termination of Agreement, in Attachment 5, General Conditions, AWARDEE further agrees to the following: If AWARDEE shall cease conducting business in the normal course, become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for iu business or assets, or shall avail itself of, or become subject to any proceeding under the Federal Bankruptcy Code or any other statute of any state relating to insolvency or the protection of rights of creditors, then (at the option of STATE) this Agreement shall terminate and be of no further force and effect and any property or righu of STATE, tangible or intangible, shall immediately without further notice or demand, be returned to STATE. 7. Confidential Information. In addition to paragraph 13, Confidentiality of Material, of the General Conditions, Attachment 5, the AWARDEE further agrees to the following: All information and records about or for the clients served, secured from clients, STATE, or any other individuals or agencies by AWARDEE, or prepared by AWARDEE for STATE, in satisfaction of this Agreement, shall be confidential and shall not be made available to any individual or organization by AWARDEE without prior written approval of STATE, subject to provisions of applicable State of Hawaii and Federal statutes, and State of Hawaii Administrative Rules. To insure the confidentiality of all such information and records, AWARDEE shall immediately refer all inquiries for information, including subpoenas, to the AGENCY'S Social Services Division Administrator or representative. -2- ~ ! . e Attachment 6 8. Copyright and Patent. No summary, report, map, chart, graph, table, study or other document or discovery, invention, or development produced in whole or in part under this Agreement shall be the subject of an application for copyright or patent by or on behalf of the AWARDEE, its officers, its agents, its employees, or its subcontractors without prior written authorization from the Director. It is strictly understood that all finished or unfinished documents, reports, summaries, lists, charts, graphs, maps, or other materials prepared by the AWARDEE and all discoveries, inventions, or developments produced in whole or in part under this Agreement shall be the property of STATE. 9. Maintain Records. AWARDEE shall maintain statistical, clinical and administrative records pertaining to services of this Agreement. The records shall be subject at all reasonable times to inspection or review by STATE or Federal representatives directly connected with the program azea under this Agreement. All records shall be retained and made accessible for a minimum of three years after the date of submission of AWARDEE's final nport to STATE. Except in the event any litigation, claim, negotiation, investigation, audit, or other action involving the records has been started before the expiration of the 3-yeaz period, AWARDEE shall retain the records until completion of the action and resolution of all issues that arise from it or until the end of the regular 3-year retention period, whichever occurs later. This requirement replaces General Condition number 3.b., in Attachment 5. 10. Drug Free Work Place. AWARDEE shall comply with the provisions of the Federal Drug Free Act of 1988, Public Law 100-690 Title V, Subtitle D, which requires that AWARDEE maintain a drug free work place. 11. Nondiscrimination. AWARDEE shall comply with Title VI, of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000d et sea•, 45 C.F.R. Part 80 and Executive Order 11246, as amended, which prohibits discrimination on the grounds of race, color, religion, sex, or national origin, and shall also comply with Section 504 of the Rehabi]itation Act of 1973, as amended 29 U.S.C. Section 794, and 34 C.F.R. Part 104, which prohibits discrimination on the basis of handicap, physical or mental, in any program or activity receiving Federal financial assistance, and Age Discrimination Act of 1975, 45 C.F.R. Part 90, prohibiting age discrimination in the delivery of services, and Pregnancy Discrimination Act of 1978 prohibiting discrimination in employment against women based on pregnancy and other related conditions. This provision shall include, but not be limited to, the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, -3- Attachment 6 including apprenticeship. AWARDEE shall insert a similar provision in all subcontracts for services covered by this Agreement. 12. State Audit Requirement. AWARDEE shall have an annual audit conducted by an independent Certified Public Accountant to verify that its financial management system and internal control procedures are effective in meeting the terms and conditions of this Agreement. AWARDEE shall obtain an audit in accordance with generally accepted auditing standards. This requirement shall apply to all AWARDEEs receiving State general funds from STATE. 13. Federal Audit Requirement. AWARDEEs receiving Federal funds from the STATE shall be considered to be subrecipients of Federal financial assistance subject to applicable Federal audit requiremenu under Office of Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations," or OMB Circulaz A-128, "Audits of State and Local Governments." AWARDEE shall be responsible for determining the applicability of Federal audit requiremenu. 14. Intent to Reduce, Terminate or Deny Services. AWARDEE shall notify STATE of its intent to reduce, terminate or deny services to a STATE referred individual or family at least fourteen (14) working days before the date of termination, or denial of services, except in cases which require immediate termination, or as stated in Attachment 7, the program narrative or Branch-provider Working Agreement. 15. Equipment. Al] equipment purchased with contract funds under this Agreement including items of personal property, as distinguished from real property, that have an acquisition cost of $250.00 or more per item and with an expected life of more than one yeaz, shall remain the property of STATE. Following the Agreement period, all equipment shall be reported in the final fiscal report to STATE. Disposition of said equipment shall be prescribed by STATE. 16. Option to Terminate Agreement. In addition to paragraph 15, General Conditions, Attachment 5, this Agreement is contingent upon the annual availability of funds to the Department of Human Services. STATE shall have the right to terminate this Agreement at any time should STATE's funding be substantially reduced due to changes in program requirements. STATE must give written notice of its intent to terminate this Agreement no later than thirty (30) calendar days prior to the effective date of termination. 17. Federal Funds. In addition to paragraph 11, General Conditions, Attachment 5, when receiving Federal Funds, AWARDEE shall comply with all regulations and -4- n K , Attachment 6 requirements of the expending Federal agency and complete all required forms and documents. AWARDEE shall allow full access to records, reports, files, and other documents so that the program, management, and fiscal practices may be monitored by Federal representatives directly connected with the program area under this Agreement. 18. Notice to Clients. Within one hundred eighty (180) days after the commencement of this Agreement, AWARDEE shall have in place written procedures for the orderly termination of services to individuals and families, and for their transition to the services of another provider upon termination of this Agreement. These procedures shall include timely notice and counsel to individuals and families of the impending termination of this Agreement. -5- Attachment 7 . t , PROGRAM/SERVICE PROPOSAL -Attachment B I. OVERVIEW OF PROGRAM/SERVICE AND ORGANIZATIONAL DESCRIPTION A. Description of Proposed Services The Hawaii County Office of Aging (HCOA) will subcontract with the Department of Pazks and Recreation, Elderly Activities Division, Coordinated Services for the Elderly (CSE) Program, to provide chore services to eligible adults. Chore services shall include the following activities: 1. Routine housekeeping, such as sweeping, mopping, dusting, making beds, cleaning the toilet and shower or bathtub, and taking out rubbish; 2. Washing, drying, ironing, and mending clothing and linen; and 3. Providing the DHS social worker with, at a minimum, semi-annual progress reports on all recipients. When the activities in A.1. or A.2. aze provided, the following activities may also be provided as pazt of chore services: 1. Marketing and shopping for household supplies and personal essentials; 2. Light yard work such as mowing the lawn, raking the lawn, trimming hedges, bundling rubbish for refuse collection; 3. Simple home repairs such as mending screens, replacing light bulbs, replacing light fixtures, fixing leaky faucets, clearing stopped-up drains; 4. Preparing meals; 5. Running errands such as paying bills, picking up medication; B-1 6. Escorting the recipient to medical care programs; and 7. Providing minunal assistance with bathing, dressing, grooming. Chore service activities shall be of a routine nature and shall not require the specialized training or professional skills of a muse or home health aide. Chore services shall not exceed eight hours a day and twenty hours a week per individual. B. History and Function of Applicant Organization The HCOA was established in 1966 and serves to represent the County of Hawaii in planning, coordination, advocacy, and administration of programs for older persons. The HCOA is a designated Area Agency on Aging enabling the County to receive federal funds through the Older Americans Act of 1965. There aze over 650 Area Agencies on Aging throughout the country that represents the interest of older persons at the community level. In 1971, the HCOA received a State grant to provide in-home services to address cases of extreme poverty, malnutrition and unattended deaths in the remote coffee fields of south Kona. The program established iri Kona became a model project and provided the framework upon which the current CSE program was built. The CSE program was established in 1975, and they have been the chore provider for this grant for the past 2 ] years. C. Description of Facilities or Plans to Secure Facilities Chore services aze essentially provided in the client's home so there is no need for special facilities. However, client records and files aze kept at CSE's district offices which are at the following locations: B-2 e • , Hilo: Hilo Senior Center 127 Kamana Street Kona: Kona Service Center Captain Cook North Hilo: Papaaloa Elderly Housing Papaaloa Hamakua: Hale Hauoli Senior Center Honokaa S. Kohala: Lily Yoshimauu Senior Center Waimea N. Kohala: Kohala Senior Center Kapaau Ka'u: Naalehu Community Center Naalehu Pahala Senior Center Pahala Puna: Keaau Senior Center Keaau Pahoa Community Center Pahoa There aze no plans to secure any new equipment or facilities in the neaz future. B-3 II. PROBLEM/NEED A. Description In 1990, Hawaii's over 60 population was at ] 74,000 or 16% of otu total population. It had increased by more than 52% between the 1980 and 1990 census periods. The oldest segment, those 85 years and over, had increased by 87% during the same period. The State of Hawaii has the distinction of having one of the nation's fastest growing population of older adults and by the year 2000, our state will see about 206,000 elder. Hawaii's elderly ranks are growing two and a half times faster than the national average. By the yeaz 2030, when most of the baby boomers are retired, there will be people 65 and older than there aze 13 and under. Medical technology, increased availability of health information, and better health practices will probably further increase the longevity of the elderly population. The high unemployment rate on the Big Island has also contributed to the increased need for support services. As younger couples move away for employment, the number of frail elderly living alone without family support has also increased. Each yeaz there has been an increased demand for in-home services for elderly and/or disabled individuals, especially for those living alone. In many instances, these individuals would not be able to remain in their homes and in the community without the chore services provided through this grant. B. Geographic Area The County of Hawaii is over 4,055 squaze miles with seven major districts. The major population areas are located in the districts of Hilo and Kona. The rest of the population is scattered throughout the remaining districts in very rural communities. B-4 r r This proposal shall serve disabled adults located throughout the County of Hawaii. Every effort will be made to serve a proportionate number of individuals in each district as compazed to the total population of the County. C. Target Group The tazget group will include disabled adults age 18 or older who aze unable to independently perform in-home activities because of physical or mental disability or crises in the home. Department of Human Services shall be responsible for determining eligibilities of all clients. For the elderly population, the target group is referred to as the "fraiUvulnerable," and they include approximately 8% or 1,693 of the elderly population. The majority of the clients will be living alone and be over 75 years of age or older. III. GOALS AND OBJECTIVES A. Goals 1. To promote self-sufficiency by providing services by which recipients may be helped to achieve, restore, or maintain independent living and self- direction. These recipients include those who aze temporarily incapacitated and who require short-term services. 2. To prevent or remedy abuse, neglect, or exploitation by providing services to dependent adults. 3. To prevent or reduce premature or inappropriate institutional caze through the provision of home-based caze which would allow the recipient to remain in or return home. These recipients include those who have chronic health conditions and who require long-term caze services. B-5 B. Objectives 1. Contract to provide ~ adulu in East Hawaii and j5 adulu in West Hawaii having limited health conditions with 2.033 uniu of chore services during the period Julv 1997 to June 30. 1998 and ,jyjv ].1998 to June 30. 1.224. 2. Contract to ensure that r l° Q of the 72 disabled and frail elderly aze maintained in home with chore services for six months during the periods July 1.1997 to June 30. 1998 and ,2yjv 1. 1998 to June 30. 1999. 3. Convact to ensure that QS°(s abused/neglected adulu aze free from harm during the periods July 1. ] 997 to June 30. ] 998 and Juw 1. 1998 to June 30. 1999. IV. SERVICE DELIVERY The DHS social worker will assess and screen all potential clienu. Should an applicant be deemed eligible, a client treatment plan will be developed by the DHS social worker. The client plan will prescribe how many uniu of service, type of chore activity, and frequency of the service. The client plan will be sent to the appropriate CSE district office for implementation. Upon receipt of the client plan, the CSE worker will then schedule and proceed to provide the appropriate service. The client plan shall not be altered without the consent of the client and the DHS social worker. The CSE worker shall keep a daily log of the services provided. The log shall include the following information: ])Specific activities performed on that date; 2) Client's name and signature or initial for the time and services rendered by the chore worker; and 3) Name of worker, date and actual hours of service. The DHS social worker will normally prescribe chore services during the normal working hours of 7:45 a.m. to 4:30 p.m., Monday through Friday, except on State holidays. B-6 Y f f However, the CSE program shall ensure that they will be able to provide chore services between the hours of 6:00 a.m. to 6:00 p.m., seven days a week including holidays for special situations. CSE shall also ensure that chore services shall be made available island-wide. Service may also be provided on an emergency basis for referrals from the Adult Protective Services Division of DHS. This emergency service may be prescribed over the telephone by the DHS social worker. The CSE program shall have aback-up system to assure that uninterrupted service to active recipients will be provided despite staff vacancies, illness, vacation, or other reasons. The back-up system will be made up of CSE staff that are funded through other sources of funds. ' CSE shall maintain a list of referrals received from DHS indicating whether services were received or not. This list shall indicate the reasons for any service that was not provided. CSE shall provide asemi-annual program report on all recipients. This report shall include feedback on observations of the recipients' behavior and changes in home management abilities and personal functioning which may necessitate more or less service or other types of intervention. CSE may chazge chore recipients or someone else willing to pay on behalf of the recipient for the difference between the amount the department pays and the actual chazge for the service. However, the inability to pay shall not be a basis to deny services to any eligible client. The majority of individuals receiving POS adult chore services will need ongoing services because of their poor health status and advanced age. Therefore, most discharges will be due to death, institutionalisation, relocation, or resumption of chore duties by a private agency or the family. In all cases, the DHS social worker will be the sole authority to make decisions on dischazge. In the event a recipient has a grievance against the CSE, the following procedure will be B-7 followed: Having been informed that a grievance exisu, the Director of the Elderly Activities Division will conduct an informal conference with the recipient and a representative of CSE. If the grievance is not resolved informally, a heating will be held involving the recipient, and representatives from CSE, Elderly Activities Division, HCOA, and/or the Committee on Aging. If the recipient is not satisfied with the result of the hearing, the applicant may request a review of the grievance by DHS. Clienu are informed of their grievance righu on brochures given to the client during initial registration. V. TIMELINE Effective July 1, 1997, the level of claimable chore uniu will be reduced from 438 to 339 units per month. However, the CSE program will ensure that no active chore recipient shall be terminated from the program because of the reduction in service level. If the level of claims exceeds 339 uniu, other sotuce of program funds will be used to continue to provide services to all active recipienu carried over from the previous fiscal yeaz. ]n the event that other source of program funds are used to service DHS chore recipienu, these uniu wit] be reported to only one funding source to avoid duplicate counu. The normal office hours for the CSE program shall be from 7:45 a.m. to 4:30 p.m., Monday through Friday, except for the following holidays: 1) New Yeazs' Day First day of Januazy 2) Martin Luther King Day Fifreenth day of January 3) Presidenu' Day Third Monday in February 4) Kuhio Day Twenty-sixth day of Mazch 5) Good Friday Friday before Easter Sunday 6) Memorial Day Last Monday in May 7) Kamehameha Day Eleventh day in June 8) Independence Day Fourth day of July 9) Admission Day Third Friday in August l0) Veterans' Day Eleventh day of November 11) Thanksgiving Day Fourth Thursday in November 12) Christmas Day Twenty-fifth day of December B-8 u VI. PERSONNEL A. Description of Staff Positions and Qualifications The CSE program has six Community Service Program Assistants (SR-13), eight Community Service Workers (SR-11), ten Community Service Aid II (SR-7), two supervisors (one each in Hilo and Kona), one Data Processing Coordinator, one Account Clerk, one Senior Clerk-Typist, and a Program Director. (See Exhibit A for job descriptions.) Three portions will be funded through this application. One Community Service Worker III (SR-11) and two Community Service Worker I (SR-7). The Community Service Worker III position and one of the Community Service Worker I position will be full-time. The second Community Service Worker I position is half time. B. Staff Development Supervisors aze responsible to ensure that all Community Services Aides aze trained to perform the duties of their positions. First-aid, driver education, human relations, and gerontology courses and workshops aze provided on an ongoing basis. Each yeaz, the Elderly Activities Division will prioritize and outline a training program for staff. The HCOA also is a resource to provide training and staff development activities. C. Organizational Chart See Exhibit B. VII. COORDINATION WITH OTHER COMMUNITY AGENCIES AND RESOURCES The HCOA has contractual relationships with many other public/private agencies that provide eldercaze services. The coordination of services is one of the primary responsibilities of the HCOA. One of the primary concerns is to avoid duplication of services and efforts by different agencies and organizations. B-9 The CSE program is located under the Elderly Activities Division which also houses the RSVP, Senior Employment, Congregate Meal, and Home-Delivered Meal programs. Therefore, CSE aides are awaze of and have a close working relationship with these programs. Many clients aze participants to more than one program which makes service coordination more critical. A CSE supervisory staff pazticipates in monthly inter-disciplinary team meetings whose membership consist of field staff representing vazious programs directly related to the overall concern of an older individual. These case management teams cover the entire island and include DHS social workers and CSE district staff and various other social service agencies. The teams aze part of the Department of Health Case Management Coordination Project which was established by HCOA in 1981. This team approach to serve the frail elderly encourages and supports inter-agency cooperation and coordination. CSE is also the designated elderly Information and Assistance agency on the Big Island. In order to carry out this responsibility, CSE aides aze trained in being aware of resources in the community so appropriate referrals can be made. The CSE program shall execute a memorandum of agreement with DHS. The memorandum shall set forth specific details regarding the following: A. Referral process, including procedures to assure uninterrupted services for clients when staff vacancies, illness, vacation, or other reasons occur; B. Requirements and obligations of the provider as well as the DHS social work staff; and C. Method of resolving conflicts, if any, between the provider and the social work staff. VIII. EVALUATION The Hawaii County Office of Aging (HCOA) shall monitor, asses, and evaluate its CONTRACTORS to ensure program compliance, to improve service quality where B-] 0 r ~ ~ necessary, and to determine the extent to which the respective service meeu the needs of older persons in Hawaii County. Monitorine The HCOA Program Specialist shall perform "desktop " monitorinP at least monthly as reports and client data aze reviewed and paymenu processed. Incomplete or inaccurate reports are returned to the CONTRACTOR for coaection and/or completion. Follow-up is made until conditions aze satisfactorily met. Should a problem or potential problem be identified, the CONTRACTOR shall be contacted and the concern reviewed. Each concem and follow-up is documented on the Periodic Monitoring Report form. Assessments During the contract yeaz (generally during the third quarter), a 60-Second Service Survey shall be mailed to at least 50% of the individuals receiving services via this Agreement. Should any response indicate that a more thorough assessment is needed, afollow-up interview shall be completed by a HCOA Program Specialist. Other methods of assessmenu may include but shall not be limited to site visitationu and service evaluations. Site visitations may be conducted by the Program Specialist to assess the physical facility of the CONTRACTOR to ensure that the service environment is safe and accessible to participanu. Site visitations also enable the Program Specialist to observe the delivery of service and to provide participanu with an opportunity to give informal feedback to the HCOA. CONTRACTORS receive at least two weeks notice before a formal site visit is conducted. ,$~rvice Evaluations may be completed by interviewing CONTRACTORS to ensure that minimum service standazds or regulatory requiremenu aze being met. Personnel from B-i] other agencies may also be interviewed to obtain third-party penpectivcs on how the CONTRACTOR is meeting the needs of older persons. Program Evaluation At the end of each yeaz, an Annual Program Evaluation R ort is completed for each contract based on monitoring and assessment activities. This report will be used to determine whether or not terms of the contract, applicable rules and regulations, and contract objectives have been met. It will also be used to recommend changes for the future, if they aze needed, and to determine whether or not the CONTRACTOR was suitable for the delivery of this service. Upon completion of the report, a copy will be shazed with the CONTRACTOR. B-12 FORM A - PEOPLE TO HE SERVED ORGANIZATION' HCOA PROGRAM/SEFLVZCE: CSE/Chore SITE; Hawaii PRECEDING BIIDGET D4_RIOD PEOPLE TO SE SERVED YRS gy 96 gy =•97 gy 98 I ry 99 I 1. Estimated # oi: adults with limiting health conditions who may recuire P05 I chore services on: 2. Oahu 3. Kauai East Hawaii 67 67 40 40 5_ West Hawaii 28 28 35 35 6. Maui 7. Molokai B. Lanai. TOTAL 95 95 75 75 FCC! 3 - r5~3~ P:LS -r HCOA 3_GCtiu~`-=~~C• CSE/Chore g_~: Haxaii P3.C3~aiG BL'iDCc PL3'CD II s,s S Y35 I I II se^ices 0-10 hoL-s weep' F E 4 4 4 4 W 1 1 4 q ~ c'~eas, 18-39, rxeiv~~c c=ore I I ~ I II se= sirs IO-20 hcL we~y'v se_T Ces 20 or more hors we~_sly - . r c'=ess , 60 and ove: , recce' viag E ~6s 63 35 I 36 c=ere se_~ices 0-10 hors weedy' W Z7 27 31 1 31 5. z clients, 60 End over, receivZIIg I I c::ere se_~vir_s 10-20 hors we-~y 6 . z cleats , 60 End over, rec_~ v.,aq chcre se_~virs 20 or more hoL-s aieesly 7. s c'_iea~•-a, provided rout:.ae cse~-e E 67 67 qo, I qo servic°s only W 23 Z$ i3a 35 E 30 30 _19 19 I; e . # c'_nats ,provided both ron ~e and srpplemeatal csore se-vices W I5 15 29 19 9. I FOIaS C - OIITCOI~S ORGANIZATION' HCOA PROGRAM~SERVIC'~.': CSE/Chore SITE' Hawaii PRECEDING BIIDGET PERIOD ODTCOI~S YRS E'Y ~ F'Y 97 FY 98 FY 9S 1. 8 of disabled and frail elderly g0 90 9U 9o maintained in home w/chore services for 6 months 2. 8 abused/neglected adults free from 95 95 95 95 harm during period chore services are provided 3. 4. 5. 6. 7. 8. 9. I - Attachment 8 .r ATTACHMENT 8 SERVICE CAPACITY AND PAYMENT RATE FISCAL YEAR 1998 Contractor: HAWAII COUNTY OFFICE OF AGING ADULT CHORE SERVICES - HAWAII ISLAND Purchase of Service (POS) Agreement DHS-98-POS-6052 Definition of Unit of Service: ONE (11 HOUR OF ACTUAL CHORE SERVICES PROVIDED Payment per unit of service shall be: SEVENTEEN AND NO/100 DOLLARS 17.00 ) for a total of 2.033 units for EAST HAWAII and 2.033 units for WEST HAWAII for fiscal year 1998. The total billings under this AGREEMENT will not exceed a maximum of SIXTY NINE THOUSAND. ONE HUNDRED TWENTY-SEVEN AND NO/100 DOLLARS 69.127 ) for the period 7/01/97 to 7/01/98. The monthly level of capacity of service delivery based on the total units divided by the number of months for the contract is 169 units for EAST HAWAII and 169 units for West HAWAII for fiscal year 1998. Pursuant to the conditions stated in Attachment 3, the quarterly rate based on the total amount divided by four quarters for fiscal year 1998 is SEVENTEEN THOUSAND, TWO HUNDRED EIGHTY-ONE AND 75/100 DOLLARS 17,281.75 This rate will be paid for the first three quarters of fiscal year 1998. The payment amount for April and May 1998 will be EIGHT THOUSAND. SIX HUNDRED FORTY AND 87/100 DOLLARS 8.640.87 A final payment of the balance of the contract fiscal year 1998, will be paid upon satisfactory completion of all requirements for this Agreement. A review of the prior monthly and aggregate utilization of the service will be conducted at the end of the ninth month. Based upon the actual utilization of services the total units and total payments for the next fiscal year of the Agreement may be adjusted. (Rev. 6/97) ATTACHMENT 8 SERVICE CAPACITY AND PAYMENT RATE FIBCAL YEAR 1999 Contractor:. HAWAII COUNTY OFFICE OF AGING ADULT CHORE SERVICES - HAWAII ISLAND Purchase of Service (POS) Agreement DHS-98-POS-6052 Definition of Unit of Service: ONE (1) HOUR OF ACTUAL CHORE SERVICES PROVIDED Payment per unit of service shall be: SEVENTEEN AND NO/100 DOLLARS 17.00 ) for a total of 2.033 units for EAST HAWAII and 2.033 units for WEST HAWAII for fiscal year 1999. The total billings under this AGREEMENT will not exceed a maximum of SIXTY NINE THOUSAND. ONE HUNDRED TWENTY-SEVEN AND NO/100 DOLLARS 69.127 ) for the period 7/01/98 to 7/01/99. The monthly level of capacity of service delivery based on the total units divided by the number of months for the contract is 169.5 units for EAST HAWAII and 169.5 units for West HAWAII for fiscal year 1999. Pursuant to the conditions stated in Attachment 3, the quarterly rate based on the total amount divided by four quarters for fiscal year 1999 is SEVENTEEN THOUSAND. TWO HUNDRED EIGHTY-ONE AND 75/100 DOLLARS 17.281.75 This rate will be paid for the first three quarters of fiscal year 1999. The payment amount for April and May 1999 will be EIGHT THOUSAND. SIX HUNDRED FORTY AND 87/100 DOLLARS 8.640.87 A final payment of the balance of the contract fiscal year 1999, will be paid upon satisfactory completion of all requirements for this Agreement. A review of the prior monthly and aggregate utilization of the service will be conducted at the end of the ninth month. Based upon the actual utilization of services the total units and total payments for the next fiscal year of the Agreement may be adjusted. (Rev. 6/97)