HomeMy WebLinkAboutRES 281 Draft 01 2004-2006 J,AZ V
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COUNTY OF IIAWAI`I STATE OF ~IAWAI`I
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RESOLUTION NO.
RESOLUTION AUTHORISING TFI~ OFFICE OF THE IVIAYOR TO ENTI~R INTO a4
CONTRACT FOR GOODS AaN~ SERVICES ,A~Illl. SERV. OFFICE LOG NO. 06-
212, WITH THE C~EP~aRTI~IENT OF I~EALT`H, STATE OF I"IAWAI`I, T'O U~®ATE
~4N®IOR REVISE THE COUNTY OF FiA,WAI`I EROSION AN® SE®IIlPIENTATION
CONTROL STAN®AR~S AN® GUIDELINES
WHEREAS, the Department of Health of the State of Hawaii has authorized funding for the
Department of Public Works to update and/or revise the County of Hawaii Erosion and
Sedimentation Control Standards and Guidelines; and
WHEREAS, these Standards and Guidelines, adopted in 1975 and referenced by Chapter
10, Erosion and Sedimentation Control, of the Hawaii County Code, need to be brought up to date
and/or revised in accordance with current best management practices; and
WHEREAS, best management practices is defined as a practice or combination of practices
determined to be an effective and practicable (including technological, economical, and institutional
considerations) means of preventing or reducing the amount of water pollution generated by non-
point sources; and
WH~R(E=AS, these funds, from the State of Hawaii Department of Health, are derived from a
grant provided by the Federal Government; and
WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments
obtain the consent of the council to enter into agreements with the federal or state governments
respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and
receive any funds or other assistance in connection with projects being or to be undertaken
pursuant to those powers.
NOW, THEREFORE, BE IT RESOLVED 13Y THE COUNCIL OF THE COUNTY OF
HAWA?I`I, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County
of Hawaii is authorized to execute, on behalf of the County, a Contract for Goods and Services
ADM. SERV. OFFICE LOG NO. 06-212 with the State of Hawaii Department of Health, attached
hereto and incorporated herein by reference as Exhibit "1", to enable the County to update and/or
revise the County of Hawaii Erosion and Sedimentation Control Standards and Guidelines.
BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign
the above-referenced Contract and any related documents on behalf of the Office of the Mayor and
the County of Hawaii pursuant to the Hawaii County Charter.
~E IT FURTHER RESOLVED that the Clerk of the County of Hawaii shall transmit copies
of this resolution to the State of Hawaii Department of Health, the Office of the Mayor, and the
Departments of Public Works and Finance.
Dated at xilo ,Hawaii, this 5th day of April , 2006.
INTRODUCED BY:
r
COON IL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
AYLS NOES ~1E3S f~:X
Hilo, Hawaii
ARAKAKI
I hereby certify that the foregoing RESOLUTION was by EIIUA X
the vote indicated to the right hereof adopted by the HOFFMANN X
COUNCIL of the County of Hawaii on Apz'il 5, 2006 HO[,scHUH X
IKEDA
ATTEST: [St3ELL X
JACOBSON X
YILAGO X
SAl=f1R111 X
8 1 0
' Reference C-742/FC-258
COUNTY CLERK CHAIRMAN & PRESIDING FFICER RESOLUTION NO. ~
STATE OF HAWAII
CONTRACT FOR GOODS AND SERVICES
(IN THE FOLLOWING CATEGORIES: EXEMPT; SMALL PURCHASE;
SOLE SOURCE; OR EMERGENC]7
The STATE's
Notice to This Contract, executed on the respective dates indicated below, is effective as of
Proceed
,20_,between Department of Health
Qns<n name of smte drpartmtM, agenry, board or canmiuio,~
State of Hawaii (hereinafter "STATE"), by its Director of Health
(Inert Hde oJyerson signingJa Smut
(hereinafter "PROCUREMENT OFF]CER'~, whose address is 1250 Punchbowl street,
Honolulu, Hawaii 96813 and County of Hawaii
• (Insert „ome gfra~mya<,~Drr=onJ
(hereinafter "CONTRACTOR"), a body politic and corporate
(/Hurt corpwatian, partmrsi~iy, join! vrnaue, aole p<prirtorshiy, a mM legal
farm gJthr ConoactwJ
under the laws of the State of xawaii ,whose business address and taxpayer
County of Hawaii, Department of Public Works,
identification number are as follows:
Aupuni Center, 101 Pauahi Street, Suite 7 Hilo Hawaii 96720-4224; Tax I.?-
No. 99-6000567
RECITALS
A. The STATE is in need of the goods or services, or both, (also referred to as
"goods and services', described in this Contract and its attachments. The CONTRACTOR is
agreeable to providing the goods and services.
B. This Contract is for (check one box):
® A procurement expenditure of public funds for goods and services
that is otherwise exempt from public bidding as set forth in section ]03D-102, Hawaii Revised
Statutes (I-IRS), and chapter 3-120, Hawaii Administrative Rules (HAR); or
or
? (2) A small purchase procurement of goods and services as set forth
in section ] 03D-305, HRS, and subchapter.8, chapter 3-122, HAR; or
? (3) A sole source procurement of goods and services as set_forih in
section 103D-306, HRS, and subchapter 9, chapter 3-] 22, HAR; or
? (4) An emergency procurement of goods and services as set forth in
section ] 03D-307, HRS; and subchapter 10; chapter 3-122, HAR.
] AG/SP0 FORM-K(2) (1/Ol)
ADM. SERV. OFFICE
r,oc Ho. 06-212 EXHIBIT "I"
C. Money is available to fund this Contract pursuant to:
(l~ Item D-1, Act 178, 2005 HSL 445
(]denims Smie aav~rexJ
Section 319 (h) of the Clean Water Act
or (2)
Qden(~ Federal svvrreJ
or both, in the following amounts: State $ -0-
Federal $ 44,000.00
Aaron S. Fujioka
D. 'The agency's Chief Procurement Officer is
who O has approved this procurement or ®is not required to approve this procurement.
NOW, THEREFORE, in consideration of the promises coniained in this Contract,
the STATE and the CONTRACTOR agree as follows:
1. Scope of Services. The CONTRACTOR shall, in a proper and satisfactory
manner as determined by the STATE, provide all the goods or services set forth in Attachment I,
which is hereby made a part of this Contract.
2. Compensation. The CONTRACTOR shall be compensated iri a total amount
FORTY-FOUR THOUSAND AND NO/100
not to exceed
DOLLARS 44,000.00 )including approved costs incurred and taxes, according to the
Compensation and Payment Schedule set forth in Attachment 2, which is hereby made a part of this
Contract. '
3. Bonds. The CONTRACTOR ?is required to provide ®is not required to
provide O a performance bond O a payment bond. O a performance and payment bond in the
amount of None
DOLLARS N/A 1.
4. Standards of Conduct Declaration. The Standards of Conduct Declaration of
the CONTRACTOR, is attached and is made a part of this Contract.
5. Other Terms and Conditions. The General Conditions and any Special
Provisions are attached hereto and made apart of this Contract. ]n the event of a conflict between
the General Conditions and the Special Provisions, the Special Provisions shall control.
6. Liquidated Damaees. Liquidated damages shall be assessed in the amount
of Not Aunt; ~t,t o DOLLARS N/A )
per day, in accordance with the terms of paragraph 9 of the Genera] Conditions.
ADMIN. SERV. OFFICE 2 AGlSPOFORM-K(2)t1/01)
LOG N0. 06-212
7. Notices. Any written notice required to be given by any party to this Contract
shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid. Notice
required to be given to the Procurement Officer or the CONTRACTOR shall be sent io the
respective address as indicated in this Contract. A notice shall be deemed to have been received three
(3) days after mailing or at the time of actual receipt, whichever is eazlier. The CONTRACTOR is
responsible for notifying the STATE in writing of any change of address.
IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on
the dates below, to be effective as of the date first above written.
STATE
fSigwrure)
Chiyome Leinaala Fukino, M.D.
(Prior Nome)
Director of Aealth
fPriN Tillr)
(Dare)
CONTRACTOR
CORPORATE SEAL
(If available) County of Hawaii
pnarrt name oJConrracror)
(Signature)
(Print Nome)
•
(Prior TirleJ
(Dare)
APPROVED AS TO FORM:
Deputy Attorney General
'Evidence of authority of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR must be anached-
ADMIN. SERV. OFFICE 3 AG/SPOFORM-H(2)(1/Ol)
LOG N0. 06-212
STATE OF )
SS.
COUNTY OF 1
On this day of , 20 before me appeared
and to
me known, to be the person(s) described in and, who, bein y me duly sworn, did say that
he/she/they is/are and of
the TRACTOR named in the foregoing
instrument, and that he/she/they islaze autho ' ed to sign said instrument on behalf of the
CONTRACTOR, and acknowledges that she/they executed said instnunent as the free act and
deed of the CONTRACTOR.
(SignanveJ
- (Print Name)
(Notary Seal)
Notary Public, State of
ADMIN. SERV. OFFICE
LOG N0. 06-212 4 AG/SPO FORM-K(2) (1107)
CERTIFICATE OF EJ~ETIPT]ON FROI\7 CNIL SERV]CE
1. By Heads of Departments or Agencies as Delegated by the Director of Human
Resources Development t.
. Pursuant tosdelegationoftheouthoritybytheDuectorofNumanResourcesDevelopment,l
certify that the services to be pro~~ideA under this Contract, and the person(s) providing the service
• under this Contract are exempt from the civil service, pursuant to §76-] ti, Hawaii Revised Statutes .
~S)~
(Sigoattue) Date
Chiyrnne Leinaala Fiildno, M.D. '
..(Print Name) ~ .
Director of Health .
(Print 7'iile)
t7Lis part of the form may be a~cd by at] deparunent heads and otbcn to wbom the Dirutor of Human '
Resource Development (DHRD) has dclcEsud avtlioriry to certify §761ti,HRS, city acrvia exemption. 7Lerpuifu
pars p~xph(a) of §76-16, }DtS, upon which an cxen>ption is based sbould be noted in the contract S)a NOT6: Au~oriry
to certify exemptions undo §§76-] 6(2), 7616(]2), and 7676(15), N3tS, bsa not been de]cgated; only the Dinctot of
DHItD may certify f§76]6(2), 7616(12), and 7616(75) exemption.
2. By the Director of Humati Resources Deve]opmeat, State of liawail.
I certify 4,a1 the services to be pto~~ded under this Contract, and the person(s) providing the
services under t1-,is Contract are exempt from the civi] sen~ce,ptusuant to §7(r]6,1-]awaiiRevised
Statutes (HI2S).
(Signatwc) Dau
(Print N:.me) .
(Print Tiilc, if cc:i¢cc of the Dvcctor o! Dh'RD)
ADMIN. SERV. OFFICE S AGffiFO FCr.M•Ktt)p:4•q
LOG N0. 06-212 ~G/SPO `r'G'F,M-K(2)
THIS FORM IS DELETED AND INOPERATIVE
1
STANDARDS OF CONDUCT DECLARATION
For the purposes of this declaration:
.,Ag~,~y" means and includes the State, the legislature and its commiriees, all .
executive departments, boards, commissions, committees, bureaus, offices; and
all independent commissions and other establishments of the state govemmeot
excluding Uto courts.
"Controlling interest" means an interest in a business or other underialdn which
is sufficient in fact to control, whether the interest is greater or less th 5Ry per
cent (SQ%)•
' ~~ployee"means any nominated, appointed, or elected officer r employee of
the State, including members of boards, commissions, and co iriees, and
. employees under contract to the State or of the constitution convention, btrt
excluding legislators, delegates to the constitutions] cony lion, justices, aad
judges. (Section 84-3, HRS).
On behalf of ~ NTRACTOR, the undersigned does
declare as follows:
CONTRACTOR O is O is not a ]egislat or an employee m a business in which a
legislator or an employee has a controlli interest.. (Section 84-15(a), HRS):
2. CONTRACTOR has not been repres led or assisted personally in the matter by an
individual who has been an emplo a of the agency awarding this Contract within the
preceding two years and whop tcipated while so employed in the matter with which the
Contract is duectly concerned Section 84-] 5(b), ILLS).
3 CONTRACTOR has not en assisted or represented by a legislator or employee for e
fee or other compensati to obtain this Contract and will not be assisted or represented
by a legislator or emp yee for a fee or other compensation in the performance. of this
Contract, if the legi ator or employee had been involved in the development or award of
the Conuact. (Se ion 84'-] 4 (d), }iRS).
4. CONTRACT R has not been represented on matters related to this Contract, fora fee of
other cons' eration by an individual who, within the past twelve (12) months, has been an
agency ployee, or in the case of the Legislature, a legislator, and participated while an .
Remind to a enc : ]f the "is" block is checked and if the Contract involves goods or services of a value in _
excess $10,000, the Contract must be awarded by competitive sealed bidding under section ]03D-302, HRS, or a
co titivt sealed proposal under section ] 03D-303, HRS. Otherwise, the agency may not award the Contract
ss it pose a notice of its intent to award it and files a copy of the notice with the State Ethics Commission.
ADMIN. SERV. OFFICE
LOG N0. 06-212 Revised l/04
• ,
HRS).
CONTRACTOR understands that the Contract to which this document is attached is voi e
on behalf of the STATE if this Contract eras entered into in violation of any provisio
chapter 84, Hawaii Revised Statutes, commonly referred to as the Code of Ethics ' cluding the
provisions which are the source of the declarations above. Additionally, any ,compensation,
gift, or. profit received by any person as a result of a violation of the Code Ethics maybe
recovered.by the STATE.
DATED: Honolulu, Hawaii,
CON CTOR
By
' (signature)
Print Name
Print Title
Name of Contractor
ADMIN. SERV. OFFICE
LOG NO. nF_~t~
;ice; ~ 2 Revised ]/04
Attachment 1
SCOPE OF SERVICES
The CONTRACTOR shall support the STATE's Polluted Runoff Control Program's
mission to protect and improve the quality of water resources for enjoyment of and
use by the people of Hawaii through preventing and reducing nonpoint source
pollution, balancing health, environmental, economic and social concerns and by
updating the County of Hawaii Erosion and Sedimentation Control Standards and
Guidelines (Chapter 10, Hawaii County Code).
The CONTRACTOR shall be required to submit to the STATE, for information and
review, items printed in italics no later that the date indicated in paragraph K. Project
Timeline.
The CONTRACTOR's responsibilities shall include, but not be limited to, providing
labor, materials, equipment, supplies, and supervision to accomplish the activities
described hereinafter:
A. Personnel
Within one (1) month from the date on the STATE's Notice to Proceed
("NTP"), the CONTRACTOR shall retain the specified engineering and
planning services to assist in all Contract activities. The CONTRACTOR
shall submit to the STATE with the first corresponding quarterly status
report, submit the names and credentials of personnel hired. Any
personnel changes and/or change in engineering and planning services
shall require written notification and approval by the STATE.
B. Coordination and Management
Within three (3) months from the date on the NTP, the CONTRACTOR
shall coordinate and manage project activities including workshops and/or
training sessions.
C. Revise County Erosion and Sedimentation Control Standards and
Guidelines
1. Within six (6) months from the date on the NTP, the
CONTRACTOR shall submit draft Revised County Erosion and
Sedimentation Control Standards and Guidelines. The draft
Revised County Erosion and Sedimentation Control Standards and
Guidelines shall include the following:
ADM. SERV. OFFICE 1
LOG NO. 06-212
a. Reviewing the existing County of Hawaii Erosion and
Sedimentation Control Standards and Guidelines adopted in
December 1975;
b. Comparing and evaluating the standards and guidelines
from other Counties in the State of Hawaii and/or selected
municipalities on the mainland;
c. Preparing updated erosion and sedimentation control
standards in a report including:
i. Application of Best Management Practices ("BMP") to
different types of projects and settings.
ii. Detailed guidance on the preparation of erosion
control plans.
iii. Evaluate alternative methods of calculating erosion
rates, including the Universal Soil Loss Equation and
revisions to equation (as applicable for the County of
Hawaii).
iv. Update soil, rainfall, water quality and other
information pertinent to the assessment of erosion
potential (as applicable for the County of Hawaii).
d. Incorporating applicable comments by participating
committees, agencies into the draft Revised County Erosion
and Sedimentation Control Standards and Guidelines.
2. Within eight (8) months from the date on the NTP, the
CONTRACTOR shall conduct a meeting to review the draft Revised
Erosion and Sedimentation Control Standards and Guidelines. The
meeting shall include the Hawaii County Grading Ordinance
Revision Advisory Committee and/or interested contractors,
engineers and government agency personnel. The CONTRACTOR
shall submit a Meeting Report to the STATE including any
applicable meeting minutes and/or relevant information.
3. Comments made by the STATE shall be incorporated into the final
Revised County Erosion and Sedimentation Control Standards and
Guidelines. The CONTRACTOR shall submit six (6) or more
copies of the final Revised County Erosion and Sedimentation
Control Standards and Guidelines to the STATE on or before nine
(9) months from the date on the STATE's NTP.
ADM. SERV. OFFICE 2
LOG NO. 06-212
D. Conduct Workshops and Training Sessions
1. Within ten (10) months from the date on the NTP, the
CONTRACTOR shall prepare appropriate training materials
incorporating fhe final Revised Erosion and Sedimentation Control
Standards and Guidelines.
2. Within ten (10) months from the date on the NTP, the
CONTRACTOR shall conduct two (2) training workshops for
County of Hawaii employees on the final Revised Erosion and
Sedimentation Control Standards and Guidelines. The
CONTRACTOR shall insure that the workshops are associated with
the revised Erosion and Sedimentation Control Ordinance (Chapter
10, Hawaii County Code), as applicable and/or if appropriate.
E. Reports
The CONTRACTOR shall prepare and submit to the STATE one (1) copy
each, unless otherwise specified, of the following written reports:
1. Quarterly status reports to the STATE on or before January 15th,
April 15th, July 15th, and October 15th of each respective calendar
year following issuance of the NTP. These reports shall be
submitted in the format provided by the STATE, attached hereto as
Exhibit "A," and made a part of this Contract. The reports shall
include the status of all project activities required under this
Contract including meeting minutes and summaries that occurred in
the respective quarter. With each quarterly status report, include a
copy of the sign-in sheets from each event/activity and any
numerical statistics available.
2. A final report describing the services performed and the benefits
and outcomes performed under this Contract. Three (3) copies of
the draft Final Report shall be submitted to the STATE on or before
ten (10) months from the date on the STATE's NTP. The report
shall be submitted in the format provided by the STATE, attached
hereto as Exhibit "B," and made a part of this Contract. The STATE
shall have one (1) month to review and comment on the draft final
report. Comments made by the STATE shall be incorporated into
the report before finalizing the document. The CONTRACTOR
shall submit one (1) unbound original and five (5) bound copies of
the completed Final Report to the STATE on or before twelve (12)
months from the date on the STATE's NTP.
ADM. SERV. OFFICE 3
LOG NO. 06-212
3. Monthly grant fund expense reports shall be submitted to the
STATE in the format provided by the STATE, attached hereto as
Exhibit "D," and made a part of this Contract. Failure by the
CONTRACTOR to submit any and all reports to the STATE in the
approved format on or before the date due shall delay payments to
the CONTRACTOR by the STATE.
4. The CONTRACTOR shall provide reports in typed or printed forms
and in an electronic format specified and approved by the STATE
for posting on an Internet site approved by the STATE.
F. STATE's Contact Person
The CONTRACTOR shall submit all reports to the following person
authorized to receive reports for the STATE:
Mr. Denis R. Lau, P.E., Chief
Clean Water Branch
919 Ala Moana Blvd., Rm. 301
Honolulu, Hawaii 96814-4920
Phone: (808) 586-4309 Fax: (808) 586-4352
G. CONTRACTOR'S Contact Person
The CONTRACTOR'S primary contact person is:
Mr. Galen Kuba
County of Hawaii
Department of Public Works
101 Pauahi Street, Suite 7
Hilo, Hawaii 96720-4224
Phone (808) 961-8321 Fax: (808) 961-8630
H. The CONTRACTOR shall obtain at least FORTY-FOUR THOUSAND
AND NO/100 DOLLARS ($44,000.00) of non-federal private and public in-
kind contributions and donations as sub-recipient matching funds to
support the project activities under this Contract. The matching funds
shall meet the substantive and documentation requirements of 40 Code of
Federal Regulation (C.F.R.) Section 31.24.
I. Project Timeline
The CONTRACTOR shall accomplish the following activities within the
timeline indicated:
ADM. SERV. OFFICE 4
LOG NO. 06-212
Timeline: Activity:
NTP + 1 Month Retain Specified Engineering/Planning
Services
Submit the names and credentials of personnel
hired
NTP + 3 Months Coordinate/Manage Project Activities Including
Workshops And/Or Training Sessions
NTP + 6 Months Draft Revised County Erosion And
Sedimentation Control Standards And
Guidelines
NTP + 8 Months Conduct Meeting To Review Draft Revised
Erosion And Sedimentation Control Standards
And Guidelines
Submit Meeting Report
NTP + 9 Months Final Revised County Erosion And
Sedimentation Control Standards And
Guidelines
NTP + 10 Months Submit Appropriate Training Materials
Incorporating the Final Revised Erosion and
Sedimentation Control Standards and
Guidelines
Conduct Two (2) Training Workshops for
County of Hawaii Employees
Draft Final Report
NTP + 12 Months Final Report
Contract Termination Date
J. The CONTRACTOR shall include the following language in any developed
or printed informational materials, press release, signage, publicity, etc.:
"This Project has been jointly funded by the U.S. Environmental Protection
Agency ("Agency") or ("EPA") under Section 319(h) of the Clean Water
Act, and the Hawaii State Department of Health, Clean Water Branch.
Although the information in this document has been funded wholly or in
ADM. SERV. OFFICE 5
LOG NO. 06-212
part by a Federal Grant to the Hawaii State Department of Health, it may
not necessarily reflect the views of the Agency and the Hawaii State
Department of Health and no official endorsement should be inferred."
ADM. SERV. OFFICE 6
LOG NO. 06-212
Attachment 2
COMPENSATION AND PAYMENT SCHEDULE
In full consideration for the services to be performed by the CONTRACTOR under this
Contract, the STATE agrees, subject to receipt of federal funds under the Federal
Grants and subject to allotments to be made by the Director of Finance, State of Hawaii,
pursuant to Chapter 37, Hawaii Revised Statutes, to pay to the CONTRACTOR a total
sum of money not to exceed FORTY-FOUR THOUSAND AND NO/100 DOLLARS
($44,000.00) consisting of federal funds to be received under Federal Grants, which
shall be paid in accordance with and subject to the following:
a. Payment shall be made in installments, at most monthly, upon the submission by
the CONTRACTOR of invoices in triplicate (original with original signature and
two (2) copies) for the services provided in accordance with Attachment 1,
"Scope of Services," and in accordance with the costs identified in the Project
Budget, attached hereto as Exhibit "D," and made a part hereof. The first
payment shall be an advance payment of TWO-THOUSAND, TWO HUNDRED
AND NO/100 DOLLARS ($2,200.00) and processed upon the submittal of an
invoice by the CONTRACTOR for the advance payment. The invoice for the
advance payment shall identify the project budget line item that it will be
deducted from and may be submitted anytime after receipt by the
CONTRACTOR of the STATE's Notice to Proceed. The STATE shall withhold
FOUR THOUSAND, FOUR HUNDRED AND NO/100 DOLLARS ($4,400.00) until
final settlement of this Contract and the STATE deems that the CONTRACTOR
has satisfactorily completed the services provided in accordance with Attachment
1, "Scope of Services."
Payments shall be withheld by the STATE to the CONTRACTOR unless
quarterly status reports are current. Payments to the CONTRACTOR by the
STATE shall be delayed if documents are not submitted in the required format as
provided by the STATE under this Contract (i.e., quarterly status reports,
expenditure reports, in-kind contribution reports, etc.). Payments shall be
withheld in whole or in part if the work under this Contract is incomplete or
unsatisfactory as solely determined by the STATE.
b. Invoices in triplicate shall be accompanied by expenditure reports for the amount
of billing and certified by the CONTRACTOR to contain expenditures actually
incurred for the performance of services provided under this Contract.
c. The expenditure reports shall be reviewed by the STATE and shall be subject to
the STATE's preliminary determination of appropriateness and allowability of the
reported expenditures. The STATE's preliminary determination of
appropriateness and allowability of the reported expenditures shall be subject to
later verification and subsequent audit.
d. If an amount of reported expenditures is preliminarily determined by the STATE
ADM. SERV. OFFICE
LOG NO. 06-212 1
to be inappropriate and unallowable, the STATE may deduct an equivalent
amount from the next payable installment and may withhold payment of the
amount of moneys equivalent to the questioned expenditures until later resolution
of the discrepancy by audit or other means. If, after payment of the last
installment prior to the final payment, investigation and examination reveal
additional expenditures that are determined by the STATE to be inappropriate
and unallowable, the STATE may require that an equivalent amount of moneys
be refunded by the CONTRACTOR notwithstanding the STATE's preliminary
determination of appropriateness and allowability. An amount of moneys to be
refunded by the CONTRACTOR may be offset against the amount of moneys
withheld by the STATE in determining the amount of the final payment to be
made to the CONTRACTOR in final settlement of this Contract. Final settlement
of the Contract shall include submission and acceptance of all reports and other
materials to be submitted by the CONTRACTOR to the STATE, resolution of all
discrepancies in expenditures or performances of services, and completion of all
other outstanding matters under this Contract.
ADM. SERV. OFFICE 2
LOG NO. 06-212
Attachment 3
SPECIAL PROVISIONS
1. Deletion of Portions of Contract.
For the purposes of this Contract, paragraph 4 on page 2 of the Contract,
"Standards of Conduct Declaration," together with the attached Standards of
Conduct Declaration form are hereby deleted and the parties agree that
paragraph 4 of the Contract and its attached form are not operative.
2. Deletion of General Conditions.
For the purposes of this Contract, the following General Conditions are hereby
deleted from the General Conditions and have no operative effect between the
parties:
a. Subparagraphs 2.b.
b. Paragraph 19.h.
3. Time of Performance. The CONTRACTOR shall provide the services required
under this Contract for a period of twelve (12) months from the commencement
date of the STATE's Notice to Proceed, (subject to the availability of federal
funds and an extension of the Federal Grant by EPA), unless this Contract is
extended or sooner terminated as hereinafter provided.
4. Oation to Extend Contract. Unless terminated, this Contract may be extended by
the STATE for specified periods of time not to exceed twelve (12) months or for
not more than one (1) additional twelve-month period, upon mutual Contract and
the execution of a supplemental Contract.
This Contract may be extended provided that the Contract price shall remain the
same or is adjusted per the Contract Price Adjustment provision stated herein.
The STATE may terminate the extended contract at any in accordance with
General Conditions no. 14.
5. Contract Price Adiustment. The Contract price may be adjusted prior to the
beginning of the extension period and shall be subject to allotment and the
availability of federal funds.
6. Federal Citation. Pursuant to Section 319(h) of the Clean Water Act and the
implementing Federal regulations 40 CFR part 31 and 35 subpart A, the United
States Environmental Protection Agency has granted federal funds to the STATE
ADM. SERV. OFFICE 1
LOG NO. 06-212
under a Nonpoint Source Management Program Grant, Assistance ID No.
C9979114-02-2, dated February 3, 2005, for the budget period March 1, 2002
through December 31, 2007 and Assistance ID No. C9979785-01-4, dated
August 8, 2005 for the budget period March 30, 2001 through December 31,
2006, Catalog of Federal Domestic Assistance No. 66.460, which notice of
award, grant application, and other applicable documents and conditions are
hereinafter referred to as the "Federal Grant."
7. Certification Regarding Environmental Tobacco Smoke. The CONTRACTOR
shall comply with the requirements of the Pro-Children Act of 1994 and by
signing the "Certification Regarding Environmental Tobacco Smoke," attached
hereto as Exhibit "E" and made a part of this Contract, acknowledges that it is a
subgrantee of federal funds to be received under the Federal Grants.
8. Modification of General Conditions. For purposes of this Contract, paragraphs
26 and 33 in the General Conditions are hereby modified to read as follows:
a. "26. Ownership Rights and Copyright. If the CONTRACTOR, or an
employee or employees of the CONTRACTOR, obtains a copyright to
any material, whether finished or unfinished, that is developed,
prepared, assembled, or created pursuant to this Contract, the
CONTRACTOR or its employees, as the case may be, shall own the
copyright. The STATE may use the materials developed, prepared,
assembled, or created pursuant to this Contract for any and all
purposes, without restriction or charge. If neither the CONTRACTOR,
nor any employee of the CONTRACTOR, before or by the date one
year following the completion of the Contract, obtains a copyright to
such material, the STATE may consider such material to be "works for
hire," and in such circumstance, shall own the material and may
copyright it. If the STATE owns the material or the copyright or both,
the CONTRACTOR may use the material for any and all purposes
without restriction or charge. The parties agree that upon the
completion of this Contract, they will execute a document that recites
the day they agree to as the completion date and that date shall be the
date of completion for the purposes of this paragraph."
b. "33. Patented Articles. If the STATE due to no fault on its part, because of
an error, oversight, or omission by the CONTRACTOR is charged with
or has any action or claim brought against it for an infringement or other
unauthorized or improper use of any patented article, patented process,
or patented appliance received or used by the STATE under or as a
result of this Contract, the CONTRACTOR shall be solely responsible
for correcting or curing to the satisfaction of the STATE at no cost to the
STATE any such infringement or improper or unauthorized use of which
the STATE has been accused or has had a claim made or an action
brought against it. Such corrections or cures may include, but are not
ADM. SERV. OFFICE 2
LOG NO. 06-212
limited to: (a) furnishing at no cost to the STATE a substitute article,
process, or appliance acceptable to the STATE, (b) payment of royalties
or other payments to the patent holder, (c) oblaining proper
authorizations or releases from the patent holder, and (d) furnishing
security to or making arrangements with the patent holder as may be
necessary to correct or cure any such infringement or improper or
unauthorized use."
ADM. SERV. OFFICE 3
LOG NO. 06-212
Exhibit "A"
Department of Health
Clean Water Branch- Polluted Runoff Control Program
Quarterly Status Reporting Form
For the
Clean Water Act 319(h) NPS Implementation Program
This Quarterly Status Report is for the period indicated below (check only one and
insert year):
(Quarterly Status Reports are required per contract terms. If no work was done during
the reporting period, the CONTRACTOR must provide an explanation of the
circumstances)
o January 1 -March 31, (Due April 15tH)
o April 1-June 30, (Due July 15tH)
o July 1 -September 30, (Due October 15tH)
o October 1 -December 31, (Due January 15tH)
Project Title:
Project Start/Completion Date:
Estimated % of Project Completed:
Name and telephone number of person to be contacted for questions regarding this
report:
Please provide the following information for this reporting period. Additional sheets may
be attached:
Progress/tasks started and/or completed as defined in the Agreement's Scope of
Services.
Description of any major issues/problems encountered and/or resolved that may affect
the CONTRACTOR's ability to complete the project as required (i.e., weather,
personnel, equipment, etc.).
1
DOH-PRC 10101
ADM. SERV. OFFICE
LOG NO. 06-212
Exhibit "A"
Description of any significant findings, results, or conclusions. If none, please indicate
so.
Based on the Scope of Services, a description of tasks expected to be completed in the
next reporting period.
Line summary of expenditures and in-kind contributions previously requested in
comparison with the Agreement's project budget page as shown on page 3. Summary
must be actual cumulative amount for each line item (i.e., personnel services, travel,
operating expenses, equipment acquisition, construction materials, other, etc.) current
as of this quarterly status report.
2
DOH-PRC 10/01
ADM. SERV. OFFICE
LOG NO. 06-212
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Exhibit "B"
Please make sure to include a cover page and to completely bind the
document. The Project Title must be printed on the outside spine of the
Final Report. Five (5) bound copies and one (1) unbound original are
required. Please note that your Final Report may be used to inform the
public and other government agencies about your project.
I. PROJECT TITLE
II. PROJECT PERIOD
A. Start Date
B. End Date
C. Original End Date (if applicable)
III. CONTRACTING ORGANIZATION
A. Agency/Organization
Address
Phone
Facsimile
E-mail
IV. PERSONNEL
A. Name
Agency/Organization
Role/Contribution to the Project
V. FISCAL SUMMARY
A. Final Expenditure Table
B. Final In-Kind Contribution Table
VI. PROJECT ABSTRACT (Including project background/purpose/goals)
VII. PROJECT SITE DESCRIPTION (Including maps and "before" pictures)
VIII. SUMMARY OF WORK (Including an itemized summary of all activities
conducted and implemented. This section should mirror the Scope of Work
in the contract.)
IX. PROJECT RESULTS (Including data collected, data analyzed, a chart
showing reduced pollutant loading values, and "after" pictures.)
X. DISCUSSION OF PROJECT RESULTS, STRENGTHS, CHALLENGES,
AND WEAKNESSES
XI. PROJECT CONCLUSIONS (Including how this project reduced NPS
pollution, improved water quality, reduced pollutant loads, or increased
public awareness.)
XII. RECOMMENDATIONS FOR FUTURE PROJECTS
XIII. WORK CITED
XIV. APPENDIXES: Include a copy of all contract deliverables (i.e.
brochures/press releases/reports/plans/etc.)
ADM. SERV. OFFICE
LOG NO. 06-212
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Exhibit "D" -Project Budget
De artment of Health The STATE's Notice to Proceed for Twelve 12 Months
Coordination and Mana ement $3,000.00 $3,000.00
Revise County Soil Erasion & Sedimentation $25,000.00 $25,000.00
Ordinance
Trainin Worksho S $5,000.00 $5,000.00
Pre are Status Re orts $7,000.00 $7,000.00
:4.. 4 # kr `k' ''aL" r~." ,tGr'~J+.z7Y
C _ -!`s y.
D feat:Co>F , : . ~ t.~ti~,~
Interisland Tri s - 5 tri s $250.00/tri $1,240.00 $1,240.00
Re roduction, Tele hone, Miscellaneous $1,000.00 $1,000.00
~'j:; Subtotal $2,250.00 $2,250.00
',:'':;TotaF>La6or,&aDirecYCosts $42,250.00 $42,250.00
{ tij-} State Generaf Excise Tax $1,760.00 $1,760.00
° Total $44,000.00 $44,000.00
Source of Funds: S-O6-201-H-004290-05-450 $3,663.00
S-O6-201-H-003290-0450 $40,337.00
ADMIN. SERV. OFFICE
LOG NO. 06-212
Exhibit "E"
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
Public taw 103-227, Part C -Environmental Tobacco Smoke, a{so known as the Pro-
Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any
indoor facility owned or leased or contracted for by an entity and used routinely or
regularly for the provision of health, day care, education, or library services to children
under the age of 18, if the services are funded by Federal programs either directly or
through State or local governments, by Federal grant, contract, loan or loan guarantee.
The law does not apply to children's services provided in private residences, facilities
funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient
drug or alcohol treatment. Failure to comply with the provisions of the law may result in
the imposition of a civil monetary penalty of up to $1,000 per day an/or the imposition of
an administrative compliance order on the responsible entity.
By signing and submitting this document the applicant/grantee certifies that it will
comply with the requirements of the Act. The applicant/grantee further agrees that is
will require the language of this certification be included in any subawards which
subgrantees shall certify accordingly.
Countv of Hawaii
Organization
Authorized Signature Date
Title
ADM. SERV. OFFICE
LOG NO. 06-212