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HomeMy WebLinkAboutRES 079 Draft 01 2006-2008 „tr os•~y` COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 79 07 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH, PURSUANT TO HRS 46-7, FOR THE HEALTHY AGING PARTNERSHIP - EMPOWERING ELDERS PROJECT WHEREAS, the State of Hawaii Department of Health has authorized funding to the Hawaii County's Office of Aging for the Healthy Aging Partnership -Empowering Elders Project; and WHEREAS, these funds, derived from the U.S. Administration of Aging, will be used to coordinate the mobilization of the public and private partnerships at the community level to implement and sustain the delivery of evidence-based prevention through an aging service provider organization; and WHEREAS, in addition to Hawaii County, this statewide effort includes the State Executive Office on Aging and two other Area Agencies on the Aging; and WHEREAS, the Office of Aging will focus its efforts on building the Aging Network capacity in evidence based programming and effectively embedding an evidence based physical fitness program in the Aging Network; and WHEREAS, the Office of Aging in partnership with the County's Nutrition Program will implement the physical fitness program at select congregate meal sites; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, 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 with the State of Hawaii Department of Health, attached hereto and incorporated herein by reference as Exhibit "1 to enable the County of Hawaii to implement a Healthy Aging Partnership -Empowering Elders Project. BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign the above-referenced agreement and any related documents on behalf of the Office of the Mayor and the County of Hawaii pursuant to the Hawaii County Charter. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Department of Finance, and the Office of Aging. Dated at Kona ,Hawaii, this 22nd day of February , 2007. INTRODUCED BY: U1~.~ COUNCIL MEMBE O N F HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX FORD X I hereby certify that the foregoing RESOLUTION was by the xIGA X vote indicated to the right hereof adopted by the COUNCIL of xOFFMANN g the County ofHawai`ion February 22, 2007 IKEDA X ATTEST IACOSSON X NAEOLE X PILAGO g YAGONG g YOSHIMOTO X 5 0 4 0 ~ Reference C-184/Waived FC u C~~ 7 TY CLERK CHAIRMAN Id~E ID OFFICER RESOLUTION NO. 9 O7 ' ; STATE OF HAWAII ~ ~ ~ CONTRACT FOR GOODS AND SERVICES ~ $ (IN THE FOLLOWING CATEGORIES: EXEMPT; SMALL PURCHASE; Y ~Y~.,,~,,,®"t SOLE SOURCE; OR EMERGENCY) the STATE's-Not~coettot'Proecceed- on the respective dates indicated below, is effective as of ,between Department of Health (/merf name oJslale department, agenry, board or commission) State of Hawaii("STATE"), by its Executive Director or Designee, Executive Office on 1lging, Qn,nt title of person signing for Stale) (hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee ("HOPA")), whose address is 250 South Hotel Street, Suite 406, Honolulu, Hawaii 96813 and County of Hawaii ("CONTRACTOR"), a Qovernment entity pruo! corporation, parmersldp, Joint veMae, safe proprietorship. ar atber legal form offie ConvrtUOrJ under the laws of the State of Hawaii ,whose business address and federal and state taxpayer identification numbers are as follows: 101 Aupuni Street, Suite 342, Hilo, Aawaii 96720 TIN: 99-6000567 RECITALS A. The STATE is in need of the goods and services, or both, described in this Contract and its attachments. The CONTRACTOR is agreeable to providing the goods and services, or both, as the case maybe. B. This Contract is for (check one box): (1) A procwement expenditwe of public funds for goods or services, or both, that is otherwise exempt from public bidding as set forth in section 103D-102, Hawaii Revised Statutes ("HRS"), and chapter 3-120, Hawaii Administrative Rules ("HAR"); or or ? (2) A small pwchase procwement of goods or services, or both, as set forth in section 103D-305, HRS, and subchapter 8, chapter 3-122, HAR; or ? (3) A sole source procwement of goods or services, or both, as set forth in section 103D-306, HRS, and subchapter 9, chapter 3-122, HAR; or ? (4) An emergency procurement of goods or services, or both, as set forth in section 103D-307, HRS, and subchapter 10, chapter 3-122, HAR. C. Money is available to fund this Contract pwsuant to: (I) Item F-34, Act 178, 2005 HSL 452 as amended by Item F-40, Act 160, 2006 HSL 474 Qdent~ smte aotvcv) or (2) (Identhfederdsovices) or both, in the following amounts: State $ -0- Federal $ 78, 760.00 D. Pwsuant to Section 349-3 HRS ,the STATE (Legal maboriry to enter into this ContrnctJ is authorized to enter into this Contract. E. The agency's Chief Procwement Officer is Aaion S. Fuj ioka who ? has approved this procwement or X? is not required to approve this procurement. NOW, THEREFORE, in consideration of the promises contained 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 liy the STATE, provide all the goods or services, or both, set forth in Attachment- S1, which is made a part of this Contract. HI-EBI-07-N 1 ~ EXHIBIT "1" AG-002 Rev 07/24/2006 2. Compensation. The CONTRACTOR shall be compensated for goods supplied or services performed, or both, under this Contract in a total amount not to exceed SEVENTY-EIGHT THOUSAND, SEVEN HUNDRED SIXTY AND NO/100 DOLLARS 7 8, 760.00 including approved costs incurred and taxes, according to the Compensation and Payment Schedule set forth in Attachment-S2, which is made a part of this Contract. 3. Time of Performance. The services or goods required of the CONTRACTOR under this Contract shall be performed and completed in accordance with the Time of Perfomance set forth in Attachment-S3, which is made a part of this Contract. 4. Bonds. The CONTRACTOR ? is required to provide or X? is not required to provide: ? a performance bond, ? a payment bond, ? a perfomrance and payment bond in the amount of Not Applicable DOLLARS N/A 5. Standards of Conduct Declazation. The Standards of Conduct Declaration of the CONTRACTOR is attached to and made a part of this Contract. 6. Other Tem>s and Conditions. The General Conditions and any Special Conditions are attached to and made a pazt of this Contract. In the event of a conflict between the General Conditions and the Special Conditions, the Special Conditions shall control. 7. Liquidated Damaees. Liquidated damages shall be assessed in the amount of N/A DOLLARS N/A )per day, in accordance with the terms of pazagraph 9 of the General Conditions. 8. Notices. Any written notice iequired 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 to the STATE shall be sent to the HOPA'S address indicated in the Contract. Notice to the CONTRACTOR shall be sent to the CONTRACTOR'S address indicated in the Contract. A notice shall be deemed to have been received three (3) days after mailing or at the time of actual receipt, whichever is earlier. 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 (Signanve) Chiyome Leinaala Fukino. M.D. (Prim Name) Director of Health (Rini Tide) (Dote) CONTRACTOR Cf}RPORA'CE; S(;ril.. (If available) (Name of Contractor) (Signature) (Print Name) (Print Ti([e) (Dare) APPROVED AS TO FORM: Deputy Attorney General Evidence of authority of the CONTRACTOR'S representative to sign this Contract for [he CONTRACTOR must be attached. HI-EBI-07-N 2 AG-002 Rev 07/24/2006 Attachment-S 1 SCOPE OF SERVICES The Hawaii County Office of Aging ("HCOA") is a government agency that shall provide the following services to the STATE Executive Office on Aging ("EOA"). The deliverables from HCOA to the EOA are attached hereto as Exhibit "A", and made a part hereof. 1. HCOA shall, in a satisfactory and proper manner as determined by EOA, coordinate the mobilization of the public and private partnerships at the community level to implement and sustain the delivery ofevidence-based prevention (evidence-based prevention refers to a program that closely replicates a specific intervention that has been tested through randomly controlled experiments with results published in peer-reviewed journals) through aging services provider organizations as prescribed by the U.S. Administration on Aging's ("AoA") Empowering Older People To Take More Control of Their Health Through Evidence-Based Prevention Programs, A Public/Private Collaboration, Program Announcement and Grant Application Instructions, OMB Approval No. 0985-0018, which are incorporated herein by reference. 2. HCOA shall implement this program pursuant to the teims and conditions of the Federal Grant and Cooperative Agreement between AoA and EOA, grant number 90AM3117/O1, and as proposed in EOA's Healthy Aging Partnership - Empowering Elders approved grant application, which aze incorporated herein by reference. HI-EBI-07-N 1 Attachment-S 1 3. HCOA shall work in collaboration with the EOA to achieve the following from the STATE's Notice to Proceed to July 31, 2007: a. Continue building Aging Network capacity in evidence based programming. b. Effectively embedding the Enhance Fitness Program ("EF") in the Aging Network. 4. HCOA shall specifically: a. Participate on the statewide Healthy Aging Project ("HAP") Steering Committee and Evaluation Subcommittee. b. Staff the Hawaii County HAP. c. Sponsor EF training for certified fitness instructors. d. Identify and support certified fitness instructors to attend the EF training. e. Enter into and monitor contract(s) to Older Americans Act-funded provider(s) who will deliver EF. f. Oversee progress toward Hawaii County's goals and objectives. g. Replicate EF with- fidelity (program is implemented with fidelity (true) to both original design and reseazch outcomes with as few adaptations as necessary to address local conditions and unique needs of target population. Adaptations that are made must not compromise the effectiveness of the original evidence-based program) at two (2) sites. Support fidelity monitoring and program evaluation. h. Support forty (40) elders in completing the EF program and evaluation protocol. HI-EBI-07-N 2 Attachment-S 1 i. Appoint an individual to attend an annual training and information exchange program. j. Fully cooperate with designated AoA Technical Assistance Center and evaluation providers on joint technical assistance activities. k. Cooperate with Federal research efforts. This may include participation in surveys, interviews, and other data collection activities. 1. Submit reports to EOA. i. The HCOA will provide narrative, budget and/or other required documents to EOA within the timeframe requested. These may include: revised narrative updating the status of the project and priorities; revised budget on approved forms; and revised budget narrative which provides a justification for funds requested. ii. Submit analytic data files with appropriate documentation under the award to EOA. iii. Submit program progress reports semi-annually to EOA. HI-EBI-07-N 3 Attachment-S2 4 '~1yfl'S8, 7 STATE OF HAWAII ~t ~ ' ~fi COMPENSATION AND PAYMENT SCHEDULE w.~ ~ t In full consideration for the services performed by the CONTRACTOR under this Contract, the STATE agrees, subject to receipt of federal funds under the Federal Grant 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 SEVENTY EIGHT THOUSAND SEVEN HUNDRED SIXTY AND NO/100 DOLLARS ($78,760.00), consisting of federal funds to be received under the Federal Grant, which shall be paid in accordance with the budget attached hereto as Exhibit "B" and subject to the following: a. Payments shall be made according to scheduled deliverables upon submission by the CONTRACTOR of invoices in triplicate for the services provided in accordance with Attachment-S1, "Scope of Services," and in accordance with the Schedule of Deliverables attached hereto as Exhibit "A" and made a part hereof. b. Invoices shall be certified by the CONTRACTOR and accompanied by progress reports describing the services performed in providing the deliverables required under the Contract. c. Final settlement of this 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 the deliverables received or performance of services, and completion of all other outstanding matters under this Contract. HI-EBI-07-N 1 AG-012 Rev 11/]5/2005 .``row', Attachment - S3 y~ ~ STATE OF HAWAII ~ TIME OF PERFORMANCE The CONTRACTOR shall provide the services required under this contract from the commencement date of the STATE's Notice to Proceed, to and including July 31, 2007, unless this Contract is extended or sooner terminated as hereinafter provided. The STATE desires to commence this Contract on January 15, 2007. However, due to the time required for evaluation, award, and execution of this Contract, the. exact commencement date is determinate at this time. Upon execution of this Contract, the STATE shall issue a Notice to Proceed to the CONTRACTOR. HI-EBI-07-N 1 AG-013 Rev 11/IS/2005 „ Attachment - S4 ° ° ` ~ STATE OF HAWAII ~°.f CERTIFICATE OF EXEMPTION a., FROM CIVIL SERVICE 1. By Heads of Departments Delegated by the Director of the Department of Human Resources Development ("DHRD").* Pursuant to a delegation of the authority by the Director of DHRD, I certify that the services to be provided under this Contract, and the person(s) providing the services under this Contract are exempt from the civil service, pursuant to § 76-16, Hawaii Revised Statutes (HRS). . (signature) (Date) Chiyome Leinaala Fukino, M.D. (Print Name) - Director Of Health (Print Title) * This part of the form may be used by all deparnnent heads and the heads of attached agencies to whom the Director of DHRD expressly has delegated authority to certify § 76-16, HRS, civil service exemptions. The specific paragraph(s) of § 76-16, HRS, upon which an exemption is based should be noted in the contract file. If an exemption is based on - § 76-16(6)(15), the contract must meet [he following wnditions: (1) It involves the delivery of completed work or product~by or during a specific time; (2) There is no employee-employer relationship; and (3) The authorized funding for the service is from other than the "A" or personal services cost element. - NOTE: Not all attached agencies have received a delegation under § 76-16(6)(15). If in doubt, attached agencies should check with the Director of DHRD prior to certifying an exemption under § 76-16(6)(15). Authority to certify exemptions under §§76-16(6)(2), and 76-16(6)(12), HRS, has not been delegated; only the Director of DHRD may certify 76-16(6)(2), and 76-16(6)((2) exemptions. 2. By the Director of DHRD, State of Hawaii. I certify that the services to be provided under this Contract, and the person(s) providing the services under this Contract are exempt from the civil service, pursuant to §76-16, HRS. (Signature) (Date) (Print Name) (Print Title, if designee ofthe Direcror of DHRD) HI-EBI-07-N AG-014 Rev 6/26/2006 i Attachment-SS SPECIAL CONDITIONS 1. Deletion of Portions of Contract. For purposes of this Contract, paragraph 5 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 5 of the Contract and its attached form aze not operative. 2. Deletion of General Conditions. For purposes of this Contract, the following General Conditions are hereby deleted from the General Conditions and have no operative effect between the parties: a. Subparagraph 2.e. b. Subpazagraph 17.d. o. Subparagraph 19.h. 3. Option to Extend Contract. Unless terminated, this Contract maybe extended by the STATE for specified periods of time not to exceed three (3) yeazs or for not more than three (3) additional twelve (12) month periods, upon mutual agreement and the execution of a supplemental agreement. The Contract price maybe adjusted at the beginning of each extension period and shall be subject to allotment and the availability of funds. The STATE may terminate the extended agreement at any time in accordance with General Conditions no. 14. 4. Federal Citation. Pursuant to the Older Americans Act, as amended, the "Empowering Older People to Take More Control of Their Health: Evidence-Based Prevention" program of the Administration on Aging of the United States Department of Health and Human Services has HI-EBI-07-N 1 Attachment-SS granted federal funds to the STATE under a Healthy Aging Partnership-Empowering Elders, Federal Assistance ID No. 90AM3117/Ol, dated September 30, 2006, for the budget period from September 30, 2006 through July 31, 2007, Catalog of Federal Domestic Assistance No. 93048, which notice of awazd, grant application, and other applicable documents and conditions are hereinafter collectively referred to as the "Federal Grant." 5. Certification Reeazdina Environmental Tobacco Smoke. The CONTRACTOR shall comply with the requirements of the Pro-Children Act of 1994 and by signing the "Certification Regarding Envirorunental Tobacco Smoke," attached hereto as Exhibit "C" and made a part of this Contract, acknowledges that it is a subgrantee of federal funds to be received under the Federal Grant. HI-EBI-07-N 2 EXHIBIT A Hawaii County County-Objectives,, ; Measurable Indicators 1. Staff the Hawaii County HAP • Number Hawaii HAP partners 2. Participate on the HAP Steering Committee • Attendance at HAP Steering Committee and Evaluation Subcommittee. and Evaluation Subcommittee meetings • Number of certified EF leaders and Master 3. Train fitness instructors in EF (Master Trainer Trainers. and instructors). • Speed at which programs are replicated by sites and fidelity is reached. 4. Replicate EF with fidelity in 2 OAA-funded • Number of replication sites programs in Hawaii County • Number of participating elders • Completion rates 5. Support 40 elders in completing the 16-week ~ participant outcomes EF and evaluation rotocol. Legend ofAcronyms for Pa eg s 1-3: DOH: Department of Health EB: Evidence-based EF: EnhanceFitness Program HAP: Healthy Aging Project HCOA: Hawaii County Office of Aging OAA: Older Americans Act UH: University of Hawaii HI-EBI-07-N EXHIBIT A 'Pro"ect Work Plan -Hawaii Coun Goals: 1) to continue building Aging Network capacity in EB programming 2) to effectively embed the EF programs in our Aging Network. Measurable Outcome(s): • Number of Big Island HAP partners • Number of Big Island HAP meetings • Attendance at HAP Steering Committee and Evaluation Subcommittee meetings • Number of individuals certified in EF. • Speed at which programs aze replicated by sites and fidelity is reached. • Number of replication sites • Number of participating elders • Completion rates • Participant outcomes Major Key Tasks Lead Person Timeframe (Start and End Date by Ob'ectives Month Convene meetings, develop agenda, take Fukunaga, x x x x x x x x 1. Staff the and circulate minutes. HCOA Hawaii County HAP Work with HAP Steering Committee to Fukunaga, x x x x x x x x identify and invite new partners. HCOA Provide updates to HCOA's advisory Fukunaga, x x x committee. HCOA 2. Participate Attend meetings of HAP Steering Fukunaga, z x x x x x x x on the HAP Committee and Evaluation HCOA Steering Subcommittee Committee and Evaluation Provide reports to HAP Steering Fukunaga, x x x x x x x x Subcommittee. Committee and Evaluation HCOA Subcommittee. 3. Train 3 Work with partners to identify certified Fukunaga, x x x fitness fitness instmctors to attend EF training. HCOA instructors in x x EF. Support EF training of 3+ certified Fukunaga, fitness instmctors, program HCOA coordinators, and others involved in programming and evaluation evaluators. Evaluate trainee mastery of training Braun, iJH z x x materials and perceptions of readiness to implement EF programs in Hawaii County. HI-EBI-07-N EXHIBIT A Major Key Tasks Lead Person Timeframe (Start and End Date by Ob'ectives Month) 4. Replicate Work with Hawaii County Nutrition Fukunaga, x x x x x EF with Program [o identify sites-2 in Yeaz 1 HCOA fidelity in 2 z x x congregate Facilitate start-up of EF program in 1~` 2 Fukunaga, nutrition sites nutrition sites. HCOA in Hawaii County Monitor fidelity of implementation Hawaii x x z x x x DOH & UH, wBraun, iJH Support 40 Work with Hawaii County Nutrition Hawaii x x x x x x x x x elders in Program, Hawaii District Health Office, HAP completing the and other with partners to mazket 16-week EF program and recruit participants. program and evaluation Provide intervention. Hawaii x x z x x x protocol. County Nutrition Program Collect baseline and follow-up data EF fitness x x z x x x instructors Work with Hawaii County Nutrition Fukunaga, x z x x x x Program and other with partners to HCOA schedule and prepaze sites to implement EF in Years 2 and 3. Payment Schedule: I. Upon execution of contract, initial payment: $40,000.00. 2. Upon completion and acceptance ofyear-end report: $38,760.00. HI-EBI-07-N EXHIBIT B January 15, 2007 -July 30, 2007 Bud et Item Amount Instructor $10,290.00 Coordinator 36,000.00 License 4,000.00 Trainin 6,000.00 Travel to Hawaii 2,335:00 Annual worksho 7,000.00 Travel State 1,500.00 Materials/su lies 1,000.00 Fitness certifications 3,080.00 E ui ment 2,250.00 Miscellaneous 1,305.00 Grantee meetin 4,000.00 Total $78,760.00 I3I-EBI-07-N 1 EXHIBIT C CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Public Law 103-227, Part C -Environmental Tobacco Smoke, also 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 and/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 it will require the language of this certification be included in any subawards which subgrantees shall certify accordingly. County of Hawaii Organization Authorized Signature Date Title HI-EBI-07-N 1