HomeMy WebLinkAboutCOM 1079.001 1996-1998 STATE OF HAWAII
AGI, JE + ENIT FOR AON-BID PORCIIA
OF GOODS AND SERVICES
This Agreement, executed on the respective dates of the signatures of the parties
shown hereafter, is effective as of Sg1 .N4,c.„- , 19 QS' , between the
D- •artment of Business. Economic Develo. en • i • . 1. •
State of Hawaii (hereinafter "STATE"), by its Director, Seiji f. Naya
(hereinafter "DIRECTOR"), and County of Hawaii
(hereinafter "CONTRACTOR"), a CoUntYWatt mum'"afar pilmommar.'ANON.bra Jfam 4 it Casamort
under the laws of the State of Hawaii , whose business address and
taxpayer identification number are as follows: 2 Au. ' -et • • •
Hawaii, 96720; I. D. #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 Agreement and its attachments. The CONTRACTOR
is agreeable to providing the goods and services.
B. This Agreement is for (check one box):
O (1) an =procurement of goods and services as set forth in section
103D-307, Hawaii Revised Statutes('HRS"), and the rules adopted by the Procurement Policy
Office, hereinafter referred to as 'Procurement Rules"; or
O (2) a sole source procurement of goods and services as set forth in section
103D-306, HRS, and the Procurement Rules; or
U (3) a small purchase procurement of goods and services as set forth in section
103D-305, HRS, and the Procurement Rules; or
❑ (4) a procurement expenditure of public funds for goods and services that is
otherwise expressly from public bidding by the following law or regulation:
103D-102(b)(2), HRS •
C. Money is available to fund this Agreement pursuant to:
(1) Act 328, SLH 1997 or (2) N/A
kr le Maul asseris)
or both, in the following amounts: State $ k+o•000.00
Comm. No. /0 7 47- 0( Federal S
File No. RES
Form wQ-Ka) (1196)
fief• Tbt Presenters COUn1GtL
Rai. Dne DEC 7 921
D. Pursuant to ,_21M STATE is authorized to
am.rwy�.....OWAPOM y
enter into this Agreement.
NOW, THEREFORE, in consideration of the promises contained in this Agreement, the
STATE and the CONTRACTOR agree as follows:
1. Scope of Services. The CONTRACTOR shall, in a pmper and satisfactory
manner as determined by the STATE, provide all the goods and services set forth in Attachment
1, which is hereby made a pan of this Agreement.
2. Time of Performance. The performance required of the CONTRACTOR under
this Agreement shall be completed in accordance with the Time Schedule set forth in Attachment
2, which is hereby made a part of this Agreement.
3. Compensation. The CONTRACTOR shall be compensated in a total amount not
to exceed FORTY 1EOUSAND AHD NO/100 -- DOLLARS (S ha_ona_oo ),
including approved costs incurred and taxes, according to the Compensation and Payment
Schedule set forth in Attachment 3, which is hereby made a part of this Agreement.
4. Bands, The CONTRACTOR (1s) (is not) required to provide a (performance)
(payment) (performance and payment) bond in the amount of N/A
DOLLARS (S N/A ).
5. Standards of Conduct Declaration, The Standards of Conduct Declaration of the
CONTRACTOR is attached and is made a part of this Agreement.
6. Other Terms and Conditions. The General Conditions and any Special Conditions
are attached hereto and made a part of this Agreement. In the event of a conflict between the
General Conditions and the Special Conditions, the Special Conditions shall control.
7. Lig uidataD mag Liquidated damages shall be assessed in the amount of
N/A DOLLARS (S N/A ) per day, in
accordance with paragraph 9 of the General Conditions.
Form AG2-1C(2)(1196)
2
8. Notices. Anwrittee notice required to be given tr- party to this Agreement
shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid.
Notice required to be given to the DIRECTOR shall be sent to the DIRECPOR's office in
Honolulu, Hawaii. Notice to the agency procurement officer shall be sent to: 250 S. Hotel St.
5th Floor, Hon. HI 07913; mt Trig address
P.O. Box 2359, Hon- HI 96804Notice to. the CONTRACTOR shall be sent to the
CONTRACTOR at the CONTRACTOR's address as indicated in this Agreement. 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 a:acute this Agreement by their signatures, on
the dates below, to be effective as of the date first above written.
STATE
By
Print Ivy Dr. Seiji F. Haya
TitleDirector
Date
Form AG2-IC(2)(1/96)
3
RECOMMEND APPROVAL: C CONTRACTOR
B ^. -�-
CI OJAI,eJ. u; i-L
Diane S. Qu tiqu t Print Name Stephen K. Yamashiro
Director
Department of Research and
Development nue Mayor •
APPROVED AS TO FORM AND
LEGALITY:
Date ctlattiqg
eput�y�Corporation Counsel
APPROVED AS TO FORM:
Deputy Attorney General
•Evidence of authority of the CONTRACTOR's representative to sign this Agreement for the
CONTRACTOR must be attached.
Form AQ4(2)(1196)
4
STATE OF HAWAII )
ss :
COUNTY OF HAWAII )
On this cot day of S , 19 7$
before me, Myrleen K. Kaloi, the undersigned Notary Public,
personally appeared STEPHEN K. YAMASHIRO, to me personally
known, who, being by me duly sworn, did say that he is the
Mayor of the County of Hawaii, a municipal corporation of the
State of Hawaii; that the seal affixed to the foregoing
instrument is the corporate seal of said County of Hawaii;
that the foregoing instrument was signed and sealed on behalf
of County of Hawaii by authority given to said Mayor of the
County of Hawaii by Section 5-1.3(g) of the County Charter,
County of Hawaii (1991) , as amended; and said STEPHEN K.
YAMASHIRO acknowledged said instrument to be the free act and
deed of said County of Hawaii.
MYRL EN K. A.Lc')
•
Notary Public, State of Hawaii L•s.
My commission expires: 2/16/2001
CONTRt ICTOR'S ACKNOR'LEDGIMENT
State of
SS.
County of , l
On this day of , before :ne personally appeared
, to me personally known. who being by me duly sworn.
did say that he/she is the of trie
CONTRACTOR named in the foregoing instrument, and that he/she is authorized to
sign said instrument on behaif of the CONTRACTOR, and acknowledges that he/she
executed said instrument as the free act and deed of the CONTRACTOR.
Notary Public,
My commission expires:
CERTIFICATION k ;F E.:E-NIPMC; ! FROM CIVIL SERVICE
1. By Heads of State Denartmens ar Age:,-.es Pursuant to Delegation
of the Director of Human Resources De,. elopment'
Pursuant to the delegation ci -he authority the Dire- pr - Human Resources
Development, I certify that the services Urovided ,cer this Agreement, and the
person(s) providing the services uncer this Agref- T-ant are exempt from the civil
service, pursuant to Hawaii Revised Statutes §7C
Wgrewre) care)
PM Name
Print roe
2. By the Director of Human Resources Development, State of Hawaii
I certify that the services provided under this Agreement, and the person(s)
providing the services under this Agreement are exempt from the civil service, pursuant
to Hawaii Revised Statutes §76-16(x.
(ogrou") (dMe)
Print Name
Prmt Tkk, d aeWm of pl'eas' of Mia w Reeowces Oerempmem
'This part of the form may be used by all department heads and others to whom the Director of
Human Resources Development has delegated authority to certify Hawaii Revised Statutes section 76-16
civil service exceptions. The specific paragraph(s) of section 76-16 upon which an exemption is based
should be noted in the contract Me. NOTE. Authority to certify exceptions under Hawaii Revised Statutes
sections 76-1 SM and 76-16(3) has not been delegated: only the D'ueetor of Human Resources
Development may certify sections 76-16M and 76-16(3) exceptions .
=This part of the form may be used only by the Director of Human Resources Development or the
Director's designee. See NOTE at footnote 1.
STANDARDS OF CONDUCT DECLARATION
For the purposes of this deciaraticn:
'Agency' means and inciuues he State. the legLuature and irs committees, all executive
departments, boards, commission, committees, bureaus, offices. the University of Hawaii, and
all independent commissions ana other establishments of the stare government but excluding
the courts.
'Controlling interest' means an intent in a business or other unaerraking which is sufficient
in fact to control, whether the interest is greater or less than fifty per cent (50%).
'Employee' means any nominated, appointed, or elected officer or employee of the State,
including members of boards. commissions, and committees, and anpioyees under contract to
the State or of the constitutional conventon, but excluding legislators, delegates to the
constitutional convention, justices, and judges.
On behalf of . CONTRACTOR, the undersigned does
declare as follows:
1. CONTRACTOR (is) as not) - a legislator or an employee or a business in which
a legislamr or an employee has a controlling interest.'
2. CONTRACTOR has not bem assisted or represented by a legislator or employee for
a fee or other compensation to obtain this Agreement and will not be assisted or repreatam I by
a legislator or employee for a fee or other compensation in the performance of the Agreement,
if the legislator or employee had been involved in the development or award of the Agreement.
3. CONTRACTOR has not beat assisted or represented for a fee or other compensation
in the award of this Agreement by an Agency employee or, in the case of the Legislature, by
a legislator.
4. CONTRACTOR has not been represented or assisted personally on matters related to
the Agreement by a person who has been an employee of the Agency within the preceding two
(2) years and who participated while in state office or employment on the matter with which the
Agreement is directly =wcrned.
5. CONTRACTOR has not ben represented or assisted on matters related to this
Agreement, far a fee or other catuddeeation by an individual who, within the past twelve (12)
months, has ban an Agency employee, or in the case of the Legislature, a legislator.
6. CONTRACTOR has not been represented or assisted in the award of this Agreement
for a fee or other consideration by an individual who, a) within the past twelve (12) months,
saved as an Agency employee or in the case of the Legislature, a legislator, and b) participated
while an employee or legislator on matters related to this Agreement.
Foam AG24CM (1196)
CONTRACTOR understanas :hat :he Agreement which this document is attached is voidable
on behalf of the STATE f :his Agte==t was .ntered into in violation of any provision of
chapter 84, HMS, commoruv ;r-fared to as the eve of Ethics, including the provisions which
are the source of the deela=anns above. Aad.n anaily, any fee, compensation. gift, or profit
received by any person as a ;wait of a violation A ::he Code of Ethics may be recovered by the
STATE.
DATED: Honolulu, Hawai, , 19
CONTRACTOR
dv
i.tle
"Reminder to Agency: If ';s' is cstnied. the Agency is required, under section 84-15, HRS, to
file with the State Ethics Corntrussin, ten (10) days before the ;kgracment is entered into, a
written justification as to why the Agreement was not required to be competitively bid.
Form AG2-= (1961
Attachment 1
COPE OF SERVICES
CONTRACTCR :,tail irovide in a satisfactorv any; proper :Wanner as determined by
STATE, the following sen,;ces:
A. Submit for pi-.or -'ATE approval within 30 uavs from the execution or
this Agreement, :.:strategic plan and budget PLAN) for the promotion
of film and television production on the Cou:uv of Hawaii in accordance
with Exhibit A, "P-oposed Strategic Plan and Budget for FY '98-99"
attached hereto and incorporated herein. Upon `TATE approval,
CONTRACTC IR shall administer the PLAN kvi ach shall include, but nut
be limited to:
1. An advertising campaign to include, but not be limited to,
advertisements in trade publications such as The Hollywood
Reporter, Variety, Film and Video, MilIimetLr, Locations, Location
Update, etc.:
2. Promotional activities to include, but not be limited to, program
sponsorships and promotional materials ::nd items for promoting
the Counts' of Hawaii as a production location; and
3. A detailed budget for activities proposed in the PLAN.
B. Represent Hawaii County and the State at filrn industry trade shows,
festivals and conferences such as: Cineposium, Association of Film
Commissioners International "Locations", and Film Hawaii USA.
CONTRACT OR shall:
1. Submit for STATE approval within 20 days prior to each of the
aforementioned events, a report to include, but not be limited to:
a. Goals and objectives for attending the event; and
b. A schedule of activities for the event.
2. Submit for STATE approval within 45 days following each of the
aforementioned events, a written report to include, but not be
limited to:
a. Summary of activities and whether CONTRACTOR's goals
and objectives were met;
AG-1a 17-931
b. ':kom nendations ilor Dhow-up and future activities; .:ra
C. 31 waiuation of the i.orementioned events and its vc:i,ao to
7tare of Hawaii.
C. Provide the a,,clewing administc, tive services:
1. ProviJi:.iaisoa services to Fr, }mote the film industry in Hat•.,. c l
amon -:`1e C01L^ty agencies he State and the rilm industry,
2. Provide to the Mate Film i stry Branch. ixotographs and
informar,on on areas of the 4,;g, Island which may be used as iiiln
locatiors:
3. Evaluat_- the existing proses for Hawaii C.):mty's film perrri*.s am:
make recommendations for mprovement ai;ci implementation;
D. Submit quarterly expenditure and project repnrts to STATE no ; :ter than forty-
five (45) davs after the close of each quarter. Q,iarterly reports :,,••,ail include,
but not be ! united to:
1. A detail of CONTRACTOR'S activities and accomplishments in meeting the
requirements of this agreement;
2. Status reports of projects approved in the Plan;
3. Copies of all promotional materials and advertisements;
4. Expenditure reports against approved budgeted items in the PLAN; and
5. Production statistics, including local expenditures by out-of-state
productions.
E. Provide within thirty (30) days prior to the expiration of this Agreement
a final report for STATE approval. The final report shall include, but
not be limited to:
a. A detailed summary and evaluation of CONTRACTOR's efforts in meeting
the requirements of this Agreement;
b. An evaluation of projects and recommendations for follow-up and future
activities;
c. An annual financial report listing all expenditures against budgeted items.
CONTRACTOR shall make available to STATE all records, receipts, and
invoices to substantiate the annual financial report; and
d. A summary of annual production statistics including local expenditures by
out-ot-state productions.
AG-la (7-93)
Attachment 2
i EME OF PERFORMANCE
Services required of,! re , : - VM%CTOIZ In,;er this , gz eement shall commence
on the effective date of this :~,re ment and shah be )errorrned and completed by
June 30, 1999, unless this Agreement is sooner tern-Oriated as 1-er
emafter provided.
CONTRACTOR shall:
1. Submit for STAiZ's approval, within ?1l days of execution of this
Agreement, a strategic plan and budget as descril;ed in paragraph A of
Attachment 1 or ;!us Agreement;
2. Submit to STA ;T quarterly expenditure and project reports within 45 days
of the end of each quarter; and
3. Submit to STA :-E a final report as described in paragraph E of Attachment 1
of this Agreement no later than June 30, 1999,
AGda 17-931
e
Attachment 3
COMPENSATION AND P ^,."MENT SCHEDULE
In consideration for services to be renci; f , d by CON T R:=CTOR under this
Agreement, the STATE agrees to 1~av CONTR. OR a total not to exceed FOIN
THOUSAND AND NC/100 DC LIARS ($40,(-1 ; 00) in accordance with the follow:n
1. Payment shaE be made by STA i :.ipon submission of an invoice rr:~n
the CONTRACTC R showing the : mount requer ed in accordance
the following; schedule and shai; subject to chi, provisions of this
Agreement:
a. $10,000.00 upon STATE's apr: oval of CONTRACTOR's plan and
budget as described in par- '7a
ph A, Attaciment 1 "Scope of
Services," of this Agreemeo;.
b. $10,000.00 uron STATE apl°-c,vai of first quarterly report;
c. $5,000.00 upon STATE apprcrrai of second quarterly report;
d. $5,000.00 upon STATE apprr, ivai of third uuarterly report;
e. $5,000.00 upon STATE approval of fourth quarterly report; and
f. $5,000.00 upon STATE approval of the final eport and satisfactory
completion of all services in accordance with this Agreement as
determined by STATE.
2. It is expressly understood that , ll expenditures shall be made against
budgeted items as pre-approved in the PLAN. Funds used for
unauthorized expenditures shall result in the reduction in the amount to
be paid to the CONTRACTOR or shall be refunded by CONTRACTOR
to STATE.
3. Final payment shall be made only after issuance of written notice by the
STATE to CONTRACTOR that all services performed under this
Agreement have been accomplished to the satisfaction of the STATE.
4. Upon approval of the final report, any unexpended State funds shall be
refunded to ST.~TE.
5. It is expressly I1..; rstood that progre<.s rayments shall not be construed as the
STATE's final ac. Nance of services ac.d ~-!7ail not relieve CONTRACT:7R of
satisfactory coir:. -ion of ail serr: ice; for .he no- to exceed amount specified
above.
AG-Ia (7-93)
COUNTY OF ROWRli ULPRGV"I 4f OF RESEFIRC14 * OEUELOPMENT
25 ROF°IJ'di 071117T lf.OM _219 HILO RI 46726
ILL: 081 761-7_~ f ; MR* (808) 435-1285
KONR Urr kr, TL: (8081 6 2663 FRR: (8881 326-5663
E-mail: Alm0'Agist and. com http:l/filmtiigisland.com
AUNTY OF ARWRII
Department 3f Researr.n and Deuelopment
MIRTEGtC PON
FILM PROMOTION ON THE FRIG ISLBNO OF RRWRII
July t, 1990 - June 50, 1999
The County of Hawaii, in its ongoing etforts to stimulate the economy
of the Big Island, will continue to support the development of
industries which have the potential to increase our economic base.
In accordance, the County of Hawaii will prouide assistance to the Big
Island Film Industry, under the auspices of the Department of
Research and Development, Big Island Film Office. The objectives
being that of promoting the Big Island as a viable destination for
filmmakers, and to prouide resource services to those filmmakers
both local and foreign.
The Big Island of Hawaii in its diuersity of climates and topography is
an enuironment that lends itself to hundreds of interesting locations
that would enhance any film. By increasing film production, the Big
Island would benefit not only by supporting a clean industry but one
that would prouide employment and increase the earnings of the huge
number of businesses that act as support services to filmmaking.
Thus, the Film Industry would be contributing positlue growth to the
overall condition of the Big Island's economy.
In order to accomplish the objectiues of the County of Hawaii, the Big
Island Flm Office will pursue actluities to that end by implementing
the following:
E70iIBIT A
Big Island Strategic Plan.......... Page Z
*PROMOTE THE BIG IS[ RNO RS H FILM nESTINfliIQN
t. Oct as the County's liaison to the Film Indti~:trq, locally and
internationally, and to the agencies of the State and County of Hawan
and the community of the Sig island.
2. Represent the County of Hawaii an promotional trips to
engage in discussion with stuaio personnel about specific feature film
projects.
3. Represent the County of Hawaii at industry Tradeshows,
Festivals and Conferences both locally and internationally to promote
the Big Island's Film and Uideo Industry.
4. Rduertise in trade magazines, i.e.. Uarietil and The Hollywood
fleporter In issues featuring Hawaii or as beneficial to the Big Island.
5. Rduertise or list in industry directories, i.e., Media Inc. Hawaii
Film and Olden Directory, Pacific Coast Studio Directory.
6. Provide the press with interviews, news releases, articles
and location photos regarding productions taking place an the Big
Island.
7. Continue to create promotional materials to aid in the
marketing of the Big island as a filmmakers destination. Inuestigate
new technology to aid in such actiuitles.
B. Continue to develop the Big Island WWW Internet site as a
promotional too] for the Big Island.
* PROUIOE RESOURCE SERUICES TO LOCRL ONO FOREIGN( FILMMRKERS
1. Rssist the County of Hawaii and the State of Hawaii in
providing support to e»isting businesses doing film and uideo
production as well as to businesses providing support services to the
industry.
Sig =sland Strategic Plan Panp 3
2. Provide support -eruices to all film productions taking place
on the Big island, i.e., rwer als and permitting.
3. Ettpand the Phow Ararg to include AS copies of productions
completed on the Big Island when auailable and continually update
photos of private, Coun;u and State focations.
4. Continue to deupiop and maintain a computerized system to
facilitate responses to 'Hmrnakers inquiries regarding film industry
resources on the Big Island.
5. Continue to improve the permit application process with the
assistance of the agencies involved.
6. Maintain retard keeping of all production inquiries and
completed productions.
7. Continue developing community awareness bg educating the
community regarding the needs of filmmakers and nice-uersa.
8. Rssist in developing the skills of Big Island film industry
personnel by supporting and encouraging educational workshops and
film-related events on the Big Island.
. ‘
•
PROPOSED BUDGET FOR CONTRACT
June 30, 1998 to June 30, 1999
FILM PROMOTION BIG ISLAND OF HAWAII
•
ADVERTISING:
Hawaii Media,Inc. $3,000
Graphic Artwork 2,000
Additional Advertising 4,000
MARKETING:
Location Expo $2,500
Cineposium 2,500
Sundance 3,000
•
Film Hawaii USA/japan 6,000
MEETINGS:
Honolulu/Neighbor Island $1,500
(Commissioner Quarterly,FAVAH mtgs, International Film Festival)
PROMOTIONS:
Direct Mail $4,000
Web Site 3,500
Public Relations 3,000
Feature Scouts,gifts 2,500
PHOTO LIBRARY:
Update Location files $2,500
TOTAL BUDGET: $40,000