Loading...
HomeMy WebLinkAboutCOM 0140.073 2002-2004 ~v,w Harry Kim ~ ~ Jane H. Testa Mayor Director o'•N' its County of Hawaii DEPARTMENT OF RESEARCH AND DEVELOPMENT 25 Aupuni Stree[, Room 219 Hilo, Hawaii 96720-4252 6~`_-.-'. (808) 961-8366 • Paz (808) 935-1205 E-mail: chresdev@interpac.net i7 =a - G~ DATE: Apri126, 2004 cD TO: James Y. Arakaki Council Chair and _ Council Members i=~ VIA: Deanna Sako, Controller ~(w-t ne~ly; FROM: Jane H. Testa, Director . RE: NOTIFICATION OF GRANT AWARD Compliance with Ordinance No.03-91 ,Section 7(1) Name of Grant Program: Greetings Program Grantor: State of Hawaii -Hawaii Tourism Authority County Grantee Department or Agency: Office of Research and Development Grant No. (IF KNOWN): Amount of Grant: $75,000.00 Amount of County Match: County Revenue & Expenditure Account Numbers: revenue: 3305.29; exp.: 010-161-5163.01 Grant Period (Commencement & Completion): January 1, 2004 -December 31, 2004 Purpose of Grant: Hawaii County Greetings Program Is final report required by grantor? ®Yes ~ No Notification attached: ®Yes ~ No, because Comm. No. Ref. To: Ref. Date R _ Hawaii County is an equal opportunity provider and employer. Form NGA 6/01 STATE OF HAWAII CONTRACT FOR GOODS AND SERVICES Contract No. BT-04-11 ,1N THE 1iOLLOWIIVG CATEGORIES: EXEMP'P; SM?.LI, PURCHASE; SOLE SOt1RCE; OR EMERGENC]7 This Contract, executed on the respective dates indicated below, is effective as of December 20,20 between Hawaii Tourism Authority Qnserl'name ofsfala Ceporlmenl, agenry, booNl-or eommi.rsinnJ State of Hawaii (hereinafter "STATE"); by ifs President and Chief„-,Executive Officer Qnsertfide-oJperion signing for Sfate) (hereinafter "PROCT3REMENT OFFICER', whose address is 180'1 xalakaua Avenue, County of Hawaii, Department of Research Honglulu; Hawaii 96815 and and Decelonment /7,xrerl name ofcompany/person) (hereinafter"CONTRACTOR'~,aT Government agency (]icrerlcoryorafia~ parfnership, join! venave, role proprielorrhip, or ofher7egaf fnrm oJ1hr Codanclorf under the Iawsoftha Stafe of Hawaii whose business address and taxpa}:ei id'entificatiomnumlierareasfgllows: 25 Aupuni Street, Room 219, -Hilo, Hawaii 96720 and whose Tax a er Identification No. is~99-60.00567 RECT~ALS A. The'STATE is in need ofthe goods or services, or both; (also referred tows "goods and services', described iri this Cbntiact and its.attachtnents. The CONTRACTOR is agreeable to providing fhe goodsand -services. B. Thin Coniiact is for (check one box): ®cx (1) A procurement expenditure ofpublic funds for goods and services that is otherwise exempt from public bidding'as set forth in section 103D-.1'02, Hawaii. Revised Statutes (HRS), and chapter 3-120, Hawaii Administrative Rules (HAR); or section 2o1B-12, HRs or ? (2) A small purchase procurement of goods and services as set forth in section 103D-305, HRS, and subchapter.8, chapter 3-122, HAR; or ? (3) A sole source procurement of goods and services as set. forth in section 103D-306, FIRS, and subchapter 9, chapter 3-122, HAR; or ? (4) An emergency procurement of goods and services as set forth in section 103D-307, HRS, and subchapter 10, chapter 3-122, HAR. 1 acisPO FoRNt-xiz> ttrot~ C. Money is available to fund this Contract pursuant to: Act 200, SLH 2003 (Jdenl~ S1a7e swrc¢tJ or (2) n/a (Idenl~Federal.rourceJ _ or both,in the following amounts: State $ 75,000.00 Federal $ n/a D. The agency's Chief Procurement Officer is ner 103D-203 a) (6) who C7 has approved this procurement or Eris riot required to approve this procurement: NOW, THEILEFORE, irr 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 aril satisfactory manneras determined by the STATE; provide: allahe goods or se;viees set forth in Attachment j; which is hereby made a part of this Contract 2_ Compensation: The CONTRACTOR shall be compensated in a total arnotmt not to exceed SEVENTY-FIVE THOUSAND AND-HO/100 - - DOLLARS 75, 000.00 including approved eosfs incurred and taxes; according to the Compensation and,Payment Schedule set forth in'Attachment2; which i5 her8by made a part ofthis. Contract _ 3, Bonds: The CONTRACTOR Qis required to provide his not required to provide ? a performance bond 0 a payment bond. 0 a performance and payment Fiond in the amount of n/a DOLLARS n/a 4. Standards of Conduct Declaration. The Standards of Conduct Declaration of the CONTRACTOR, is attached and is made a partofthis Contract. 5. Other Terms and Conditions. The General Conditions and any Special Provisions. are attached- hereto and made apart of this Contract. In 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 thf; amount of n/a DOLLARS n/a per day, in accordas;ce with the terms of paragraph 9 of the General Conditions. 2 nc/sro roRn~r-xtz~ piot> 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 fast class mail, postage prepaid. Notice required to be given to the Procurement Officer or the CONTRACTOR shall be sent to 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 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. REC'kM~'ND APPRGVAL: STATE Jane H. Testa, Director Gept. of Resear and Developnent tSi~LL~LLLeJ Rex D. Johnso (Prim! Nome) APPROVED AS TO FORM AND LEGALITY: President & Chief Executive Officer ' (Prin! Fillet ,}fit LL - /z-20-o3 ~~C~$ti~e,~ n. ~ I~. ~~`y~~~`_ _ (Dale) Deputy Co ration Counsel CONTRACTOR CORPORATE SEAL (If available) County of Hawaii ' - (Jnserr wme ojConna orJ /y~~I~oweJ a".. KA~T$l1 (Frio! NmneJ M~9n9 blrolfOf (Prins rilfe) DEC 0 4-~9~- rpoleJ APPROVED AS TO FORM: Depu Attom General ' ence of authority of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR must be attached. 3 AG/SPO FORM-K(2) (]/Ol) STATE OF IIAWAII ) SS. COUNTY OF HAWAII ) On this 4`h day of December 2003, before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn, did say that she is the Managing Director of the County of Hawaii, a municipal corporation of the Sta1:e 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 in behalf of the 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 (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU aclrnowledged said instrument to be the free act and deed of said County of Hawaii. ' ~''~s_ CAT . CORREIA Notai ublic, State of Hawaii My commission expires: 10/13/06 C„Py~,,+r'Y'' ~pR~ . F M~'~pTgRy.9 r~ ~ a ~Y AU 13t~~~ sT,~ r•~. } ~ Qa ~ Ft P~P CONTRACTOR'S ACKNOWLEDGMENT STATE OF ) SS. COUNT F ) On this day of 20 before me appeared and , to me known, to be the person(s) descn ed in and, who, being by me duly sworn, did say that he/she/they is/are and of e CONTRACTOR named in the foregoing instrument, and that he/she/they is/are authoriz to sign said instrument on behalf of the CONTRACTOR, and acknow]edges that he/she/they ecuted said instrument as the free act and deed of the CONTRACTOR. ($ignoNre) (Prim Name) - (Notvy Seal) Notary Public, State of My commission expires: _ 4 AG/SPO FORM-K(2) p/Ol) CER1'IFIC.~TE OF E~CEI~IPTIOr FROivI CItiZL SERVICE By Heads of Departmenu or agencies as Delegated by [he Director of Humaa Resources Development (a.) Pursuant :o a delegation of the. authority by the Director of Human Resources Developmeat_ ? certify that the services provided under this Contract and the aersonl s) providing the services under :his Contract are exempt from the civil service. pursuant :o ~ ~ 6-? 6, Haw;ui Revised Statutes (HRS). (Signanrre) Rex D. Johnson IPnm Name) President and Chief Executive Officer (P>rrtr rrle) /~y _ZV~o3 (Date) a. This page of this two-paged certificate may be used by all department heads and others to :whom the Director of Human Resources Deveiopmenr has delegated authority to certify :"6-16. HRS. civil service exemptions. The specific aarag-aph(s) of §76-16, HRS. upon which an exemption is based should be noted in the conaact file. VOTE: If authority to certify exemptions under 3§~6-16121, -6-i6(3), 75-16(121, and -6-16i 1 HRS. has not been delegated_ only' the Direc:nr or DHRD may certify 3~76- ' 6(2), ?6-16(3),'6-16(12), and 76-16(I it exemptions. ~ ~GISPO FORPrt-K(I)(10/01) CERTIFIC.-ATE OF EYE.I-IPTION FROM CIVIL SERVl'CE By the Director of Human Resources Development: State of Hawaii (b.) I certify that the se^?ices to be provided under this Contract. and the person(s) providing the services under this Contract are exempt from civil sereice. pnrn,ant to 376-16, Hawaii Revised Statutes (HRS). (Signature) (Print :V¢me) (Print Tt[e, if designee of the Director of DHRD) (Date) b. This page of this two-paged certin"care may be used only by the Director of Human Resources Development (DHRD) or the Director's designee. ~IOTE_ If authority to certify exemptions under §§76-16(Z), 76-16(3), 76-16(12), and ~6-16(1 ~l. HRS. has not been delegated. only the Director of DHRD may certify §§76- 16~_), %6-160),'6-16(1<), and'6-16(15) exemptions. 6 AG/SPO FORltiI-Kp)(]0/Ol) STANDARDS OF CONDUCT DECLARATION For the purposes of this declaration: "Agency" means and includes the State, the legislature and its committees, all executive departments, boards, commissions, committees, bureaus, offices, the University of Hawaii, and all independent commissions and other establishments of the state government but excluding the courts. "Controlling interest" means an interest in a business or other undertaking 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 boazds, commissions, and committees, and employees under contract to the State or of the constitutional convention, but excluding legislators;, delegates to the constitutional convention, justices, and judges. County of Hawaii Department of On behalf of Research and Development ,CONTRACTOR, the tmdersigned does declaze as follows: 1. CONTRACTOR O is* l9is not a legislator or an employee or a business in which a legislator or an employee has a controlling interest.* 2. CONTRACTOR has not been assisted or represented by a legislator or employee for a fee or other compensation to obtain this Contract and will not be assisted or represented by a legislator or employee for a fee or other compensation in the performance of,the Contract, if the legislator or employee had been involved in the development or awazd of the Contract. 3. CONTRACTOR has not been assisted or represented for a fee or other compensation in the award of this Contract 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 Contract 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 vrith which the Contract is directly concerned. 5. CONTRACTOR has not been represented or assisted on matters :related to this Contract, for a fee or other consideration by an individual who, within the past twelve (12) months, has been an agency employee, or in the case of the Legislature, a legislator. *Reminder to agency: If the "is"block is checked, the agency is required, under section 84-15, HRS, to post a notice of its intent to awazd the contract and file a copy of the notice with the State Ethics Commission, ten (]0) days before entering into the Contract. ~ AG/SPO FORM-K(2) Q/Ot) 6. CONTRACTOR has not been represented or assisted in the award of this Contract for a fee or other consideration by an individual who, a) within the past twelve (12) months, served 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 Contract. CONTRACTOR understands that the Contract to which t}us document is attached is v©idable on behalf of the STATE if this Contract was entered into in violation of any provision of chapter 84, Hawaii Revised Statutes, commonly referred to as the Code of Ethics, including the provisions which aze the source of the dec]arations above. Additionally, any fee, compensation, gift, or profit received by any person as a result of a violation of the Code of Ethics may be recovered by the STATE. DATED: Honolulu, Hawaii, ! CONTRACTOR County of Hawaii Deparment o~ Research _ and Development pnsesl name ajControc J (\~-(SiBnunrreJ t)IXIE KAETStJ (Prin! Name) Manoping Director (Print Tide) DEC 0 4 2003 (Dale) *Reminder to agency: If the "is" block is checked, the agency is required, under section 84-15, HILS, to post a notice of its intent to award the contract and file a copy of the notice with the State Ethics Commission, ten (10) days before entering into the Contract. S AG/SPO FORM-K(2) Q/O]) 2004 Greetings Program -County of Hawaii/Department of Research and Development BT-04-11 ATTACHMENTI SCOPE OF SERVICES The CONTRACTOR shall perform and provide, in a satisfactory and proper manner as determined by the STATE, all goods and services described below a.nd in the CONTRACTOR'S accepted proposal, dated November 10, 2003 ("PROPOSAL"), attached hereto and incorporated herein as Exhibit A, including the following: 1. The CONTRACTOR shall plan, promote, develop and conduct the Hawaii County Greetings Program for the period of January through December 2004. The program may provide entertainment, lei greetings, informational brochures and maps, and other services to enhanc<; the arrival and departure experience of Hawaii's visitors, and as further described in the PROPOSAL (hereinafter referred to as the "PROGRAM"). 2. STATE funds shall be used for marketing, promotion, and operational expenses related to the PROGRAM according to the CONTRAC'TOR'S 2004 budget, attached hereto and incorporated herein as Exhibit B. Any change to this budget shall require prior written approval by the :iTATE. 3. The CONTRACTOR shall submit for STATE approval, a schedule and copy of all advertising and promotional activities. The HAWAII TOURISM AUTHORITY shall be credited as a sponsor on all advertising and promotional materials. 4. Prior to the release of STATE funds, the CONTRACTOR shall submit proof of 100% in matching funds in the form of cash and in-kind contributions. The matching funds shall be exclusive of other state sources or from the HVCB and its island chapters. Cash contributions shall be demonstrated in the form of receipts of deposits or binding letters of commitment. 5. The CONTRACTOR shall prepare and maintain financial records which sufficiently and properly reflect all income and other sources of finds, and all direct and indirect expenditures of any nature related to the CONTRACTOR's performance of this Contract. These records shall be subject to any inspection, review or audit by the STATE. 1 2004 Greetings Program - County of Hawaii/Department of Research and Development BT-04-11 ATTACHMENT 1 -continued 6. The CONTRACTOR shall submit a financial report to the STATE upon completion of the PROGRAM and prior to the completion of the contract period. The financial report shall include, but not be limited to, a certification by the CONTRACTOR that all financial statements represented in the report are accurate and that STATE funds allocated under this Contract have been expended in accordance with the provisions set froth in this Contract, including the budget made a part of this Contract. The report shall also specify the expenses for which STATE funds were utilized. All STATE funds not expended in accordance with the provisions set forth in this Contract and the budget shall be returned to the STATE. 7. The CONTRACTOR shall provide any progress report requested by the STATE describing the status of all work required to be completed under this Contract and as may be required in Attachment 2. 8. The CONTRACTOR shall complete and submit a final written report to the STATE, on the operation of the PROGRAM including, but not limited to, the following information: a. Schedule of the cruise ships met and the estimated number of passengers and the estimated number of crew members reached by the PROGRAM; b. Schedule of greetings activities other than for cruise ships, description of greetings, and estimated number of visitors serviced; c. Description of the greeting activities and explanation of how these activities enhanced the visitors' experience of Hawaii; d. Estimated number ofparticipants/partners in the PROGRAM, including an explanation of how they participafed; and, e. Status report on the facilities and physical infrastructure of the greetings area as they relate to the PROGRAM. 9. The CONTRACTOR shall furnish any additional reports or information that the STATE may, from time to time, require or request, including a progress report describing the status of all work required to be completed under this Contract. 2 2004 Greetings Program -County of Hawaii/Department of Research and Development BT-04-11 ATTACHMENT2 COMPENSATION AND METHOD OF PAYMENT SCHEDULE Notwithstanding the amount requested in the PROPOSAL or representations to the contrary, the total compensation for services to be provided by the CONTRACTOR under this Contract shall be the sum of money not to exceed SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00), tax inclusive. Payment shall be made by the STATE to the CONTRACTOR in accordance with paragraph 17 crf the "General Conditions," and shall be subject to the following provisions: 1. TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,1)00.00) after the Contract is fully executed, the CONTRACTOR has received a notice to proceed from the STATE, the STATE has received and approved an original invoice for said amount, a schedule of al] advertising and promotional activities if applicable, and proof of 100% matching funds in the amount of SEVENTY-FNE THOUSAND AND NO/100 DOLLARS ($75,000.00), and the STATE has received and approved a progress report covering the period of January 1 to June 30, 2003 as required by contract BT-03-13. 2. TWELVE THOUSAND FNE HUNDRED AND NO/100 DOLLARS ($12,500.00) on or about April 1, 2004 and upon the prior receipt of an original invoice for said amount and STATE approval of a written progress report describing the status of all work required under this Contract, including, but not limited to, all data as required for the final written report outlined in Attachment 1, Item 8 of this Contract. 3. TWELVE THOUSAND FNE HUNDRED AND NO/100 DOLLARS ($12,500.00) on or about July 1, 2004 and upon the prior receipt of an original invoice for said amount and STATE approval of a written progress report describing the status of all work required under this Contract, including, but not limited to, all data as required for the final written report outlined in Attachment 1, Item 8 of this Contract. 4. TWELVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($12,500.00) on or about October 1, 2004 and upon the prior receipt of an original invoice for said amount and STATE approval of a written progress report describing the status of all work required under this Contract, including, but not limited to, all data as required for the final written report outlined in Attachment 1, Item 8 of this Contract. 3 2004 Greetings Program -County of Hawaii/Department of Research and Development BT-04-11 ATTACHMENT 2 -continued 5. TWELVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($12,500.00) upon the prior receipt of an original invoice for said amount, STATE approval of all required final financial and written reports, a copy of all advertising and promotional activities, and satisfactory completion of all services in accordance with this Contract. Progress payments shall not be construed as final acceptance of services required under this Contract. The CONTRACTOR acknowledges and agrees to perform all services in accordance with this Contract for at1 amount not to exceed SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00), specified above, and subject to the availability of funds. 4 2004 Greetings Program -County of Hawaii/Department of Research and Development BT-04-11 ATTACHMENT3 TIME OF PERFORMANCE Performance of services by the CONTRACTOR shall commence on January 1, 2004 and all services required under this Contract shall be completed by December 31, 2004 unless this Contract is sooner terminated as hereinafter provided; provided that the final financial and written reports shall be due no later than February 25, 2005. This Contract maybe amended to extend the time of perfol~nance upon prior written approval by both the CONTRACTOR and the STATE. 5 2004 Greetings Program -County of Hawaii/Department of Research and Development BT-04-11 ATTACHMENT4 SPECIAL PROVISIONS Notwithstanding any provisions or representations to the contrary, any conflict among the various provisions of this Contract shalt be resolved by allowing the: various provisions in the following documents, in order of priority, to control: 1. This Contract and Attachments 1 to 4; 2. The General Conditions, attached hereto and incorporated herein; 3. The CONTRACTOR'S budget (Exhibit B); and, 4. The CONTRACTOR'S accepted PROPOSAL, dated November 10, 2003 (Exhibit A). 6