HomeMy WebLinkAboutCOM 0140.074 2002-2004 ~Y 0/
~p?~~ Jane H. Testa
Harry Kim
Mnyor Direc(or
County of Hawaii
DEPARTMENT OF RESEARCH AND DEVELOPMENT
25 Aupuni Stree[, Room 219 • Hilo, Hawaii 96720-4252
(808) 961-8366 • Faz (808) 935-1205
E-mail: chresdev@interpac.net
~7 ~
_ G.,
DATE: April 27, 2004
~3
TO: James Y. Arakaki Council Chair and
c~
Council Members
VIA: Deanna Sako, Control er ~~A,>~
FROM: Jane H. Testa, Director
RE: NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. 03-91, Section 7(1)
Name of Grant Program: Visitor Aloha Society of Hawaii
Grantor: State of Hawaii -Hawaii Tourism Authority
County Grantee Department or Agency: Office of Research and Development
Grant No. (IF KNOWN):
Amount of Grant: $40,000
Amount of County Match: $0.00
County Revenue & Expenditure Account Numbers: revenue: 3305.30; exp.: 010-161-5163.02
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. Uate Q lll~d
Hawaii County is an equal opportunity provider and employer.
Porm NGA 6/01
~ .~~~1._. /'..'~~A~Mdfi; S i ~.G.
STATE OF HAWAII
CONTRACT FOR GOODS AND SERVICES contract No. BT-04-15
(1N THE FOLLOWWG CATEGORIES: EXEMPT; SMALL PURCHASE;
SOLE SOURCE; OR EMERGENC77
This Contract, executed on the respective dates indicated below, is effective as of
December 20,20
~3,between Hawaii Tourism Authority
- - (Inner( name ofsfale deparlmenl, agency, board or eommrssion)
State of Hawaii (hereinafter "STATE"); by its President and Chief_ Exe_cut:i_ve Officer
(lnrert /i!!e ojperson signingfor Stare)
(hereinafter "PROCUREME2JT OFFICER', whose address is 1801 Kalakaua. Avenue,
aunty of Hawaii epartment~o Researc
Honolulu, Hawaii 96815 and and Development
- - (Inserl name ojcomporry/pe{sanJ
(hereinafter "CONTRACTOR'~,a Government entity
(7nser! corpo/afion, partnership, join! venture, sole proprieloiship, or other /egc/form ojlhe Gonnnclorf
under the laws of the State of Hawaii whose business address and taxpayer
identificationnumberareasfo]lows: 25 Aupuni Street, Room 219, Hilo, Hawaii 96720
RECITALS
A. The STATE is in need ofthe goods or services, or both; (also referred to as
"goods and- serviees'~, described- iri-this Contract and- its .attachments. The CONTRACTOR is
agreeable to providing the goods and services.
B. This Contract is .for (check one'box).
?c~c A procurement.expenditure of public funds for goods and services
that is otherwise exempt from public bidding as set forth in section 103D-102, Hawaii- Revised
Statutes (HRS), and chapter 3-I20, Hawaii Administrative Rules (HAR); or Section 2o1B-12, Hxs
or
? (2) A small purchase procurement of goods and services as set forth
in section l 03D-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, IIRS, and subchapter 9, chapter 3-122,1-IAIZ; or
? (4) An emergency procurement of goods and services as set forth in
section 103D-307, IIRS, and subchapter 10, chapter 3-122, HA.R.
] 1GISP0 FORM-K(2) (]/07)
C. Money is available to fund this Contract pursuant to:
Act 200, SLH 2003
(/deny Slate sourced
or (2) n/a
(Idenl~ Federal source)
or both, inthe following amounts: State $ 84,000.00
Federal $ n/a
D. The agency's Chief Procurement Officer is per 103D-203 Ya} (6)
who ~ has approved this procurement or leis not required`to approve fliiS procurement
NOW, THEREFORE, in consideration of the promises contained in this -Contract,
the STATE and the GONTRACTOR:agree as follcsws:
1. Scope' of Services. The CONTRACTOR shall; in a proper and satiisfactory
manneras determined liy the STATE; provide all ;thc goods or services set forth ~n`?attackinienY l;
which: is hereby made a part of this ContiacL
2. Comyensafion: The CONTRACTOR shall be compensat'eil in 8 total amount:.
not toexeeed EIGHTY-FOUR THOUSAND AND NO/100'
bOLLARS 84,000.00 including approved cosfs incurred and taxes; according to the
Compensation and,Payment Schedule set forth in'Attachment?, which is hereby made a part-oftlu§.
Contract.
3, Bonds: The CONTRACTOR L7is required to provide his not required to
provide L7 a peifonnance bond 0 a payment bond. ~ a perfonnanee and payment bond ih fhe
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 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, In the event of a conflict between
the General Conditions and the Special Provisions, the Special Provisions shall control:
6. Liquidated Dama¢es. Liquidated damages shall be assessed in ttie amount
of °/a DOLLARS n/a`~
per day, in accordance with the terms of paragraph 9 of the General Conditions.
2 Ac/spo FORM-x(~l ttloll
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.
RECODM~ND APPROVAL:
CG~~4n~4?~ ST.4TE~
Jane H. Testa, Director w1G
Dept. of Research and Develognerit
(SignaiureJ.
- Rex D. Johnso
(Print Name)
President & Chief Executive Officer -
APPROVED AS TO. FORM AND LEGALITY: (Print titre)
~S- ~ -Zao3
~LJC-1~u.QIL-L>L' ~ . l/,~C7~~ rDne,
Deputy Corporation Counsel
CONTRACTOR
CORPORATE SEAL
(If available) County of Hawaii
(/nr~~Conrrac r)
~aKAE7517
(Print Name)
Manag'ng !?Irtxtor #
DE~~'nd'~' 2003,
(Dalef
APPROVED AS TO FORM:
Depu Atto / y General
' ence of aut e CONTRACTOR'S representative to sign this Contract for the CONTRAC?OR must be attached.
3 AC/SPO FORM-K(2) (1/Ol) _
STATE OF HAWAII )
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 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 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 DLYIE
KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii.
V .
CATH . CORREIA
Notary ublic, State of Hawaii
My commission expires: 10/13/06
P~`'~~~ COQQF/
OF Ht`
CONTRACTOR'S ACKNOWLEDGMENT
STATE F )
SS.
COUNTY OF )
On is day of , 20 ,before me appeazed
and to
me known, to be the p on(s) described in and, who, being by me duly sworn, did say that
he/she/they is/aze and of
the CONTRACTOR named in the foregoing
instrument, and that he/she/they ' aze authorized to sign said instrument on behalf of the
CONTRACTOR, and acknowledges t t he/she/they executed said instrument as the free act and
deed of the CONTRACTOR.
(Signature) '
(Prins Name)
(Notary Seal)
Notary ublic, State of
My commis 'on expires:
4 AGlSPO FORM-K(2) (1/Ol)
CERTIFIC.~TE OF E~CEI~[PTION FROiv[ CIyZL SERVICE
By Heads of Deparnnenu or agencies as Delegated by the Director of Human Resources
Development (a.)
Pursuant to a delegation of the.authority by the Director of Human Resources Development. ?
certify that the services provided under this Con¢ac:_ and the peson(sj providing the seriices
under this Contract are exempt from the civil service. pursuant :0 3 ~ 6-]6, Hawaii Revised
Statutes (HRS).
••-,c ~
(Signazure)
Rex D. Sohnson
I ?rm ,Name )
President and Chief Executive Officer
(Prrnr rrle)
Z ~ 2~ - 03
(Dare)
a. This page of this two-paged certificate may be used by ail department heads and others to
:whom the Director of Human Resotuces De:~elopment has delegated authority to certify
:"6-16. HRS. civil service exemptions. The specific paragraph(s) of §i6-16, HRS, upon
which an exemption is based should be noted in the contract file.
VOTE: If authority to terrify exemptions under y~'Oi6-16(2),'6-16(3), ?6-16(12). and
-6-16i 1 ~l, HRS. has not been delegated. oni}' the Director of DHRD may certify g§76-
6(2), ~ 6-16(3), -6-16(12), and i6-16(l~) exemptions.
j ~GlSPO FORM-Kll)(10/Oll
CERTIFIC.~TE OF EYEyIPTION FT20itiI CIVIL SERVICE
By the Director of Human Resources Development. State ofFIawaii (b.)
I certify that the services to be provided under this Contract, and the peson(s) providing the
services under this Contract are exempt from civil service, pursuant to 376-16, Hawaii Revised
Statutes (HRS).
(Signature)
(Prinz ,Name)
(Print Title, if designee of the Director ofDXRlJ)
(Date)
b. This pace of this nvo-paged certincate maybe used only by the Director of Human
Resources Development (DHRD) or the Director's desiatee.
VOTE- If authority to certify exemptions under§§76-16(Z), 76-16(3), 76-16(12), and
6-16(1 fl_. HRS. has not been delegated. only the Director ofDHRD may certify ~§76-
16(_l, %6-160), ~6-16(12), and 76-16(15) exempnons.
b AG/SPO FORh1-KQ)(70i07)
STANDARDS OF CONDUCT DECLARATION
For the purposes of this declaration:
"Agency" means and includes the State, the legislature and its committees, all executive
departments, boazds, commissions, committees, bureaus, offices, the University of Hawaii,
and al] 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 empooyee of the State,
including members of boazds, commissions, and committees, and employees under contact
to the State or of the constitutional convention, but excluding legislators, delegates to the
constitutional convention, justices, and judges.
County of Hawaii Department of
Onbehalfof Research and Development CONTRACTOR, the undersigned does
declaze as follows:
1. CONTRACTOR ? is* t~s 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 awazd 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 with 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 award the contract and file a copy of the notice with the State Ethics Commission, ten (10) days before
entering into the Contract.
7 AG/SPO FORM-K(2) (I/lll)
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 Legis]ature, a legislator, and b) participated while an
employee or legislator on matters related to this Contract.
CONTRACTOR understands that the Contract to which tl'vs document is attached is voidable 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 are the source of the declarations 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. ~q R!~
DATED: Honolulu, Hawaii, ,il `k- 2oQJ
CONTRACTOR
County of Hawaii Department of
Research and Development
er! name ajConnaclof)
(Signature) )^t//
DIXIE X.4Er5tJ
(Prim Name)
Mana9'A6 Diredd
(Print Title)
DEC 0 4 2003
(Dare)
*Reminder to agency: ]f the "is" block is checked, the agency is requued, under section 84-15, FIRS, to post a notice
of its intent to awazd the contract and file a copy of the notice with the State Ethics Commission, ten (10) days before
entering into the Contract.
$ AG/SPO FORM-K(2) (r/Ol)
2004 - 2005 Visitor Assistance Program -Department of Research and Development, County of Hawaii
Contract No. BT-04-15
ATTACHMENT 1
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 and in the
CONTRACTOR's accepted proposal, dated September 2, 2003 ("PROPOSAL"),
attached hereto and incorporated herein as Exhibit A, including the following:
1. The CONTRACTOR shall plan, promote, develop and conduct a "Visitor
Assistance" program to provide services to visitors victimized by crime
and other adversities while in the County of Hawaii (hereinafter referred
to as the VICTIM(S)) for the period of January through December 2004,
and for the period of January through December 2005, and as further
described in the PROPOSAL (hereinafter referred to as the
"PROGRAM").
2. STATE funds shall be used for marketing, promotion, operational, and
administrative expenses related to the PROGRAM according to the
CONTRACTOR'S 2004 and 2005 budgets, attached hereto and
incorporated herein as Exhibit B. Any change to this budget shall require
prior written approval by the STATE.
3. The CONTRACTOR shall submit for STATE approval a schedule and
copy of all advertising and promotional activities, if any. The I-I?,WAII
TOURISM AUTHORITY shall be credited as a sponsor on all advertising
and promotional materials.
4. The CONTRACTOR shall prepare and maintain financial records which
sufficiently and properly reflect all income and other sources of'funds, 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.
5. The CONTRACTOR shall submit a financial report to the STATE upon
completion of the PROGRAM for each calendar yeaz. 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 forth in this Contract,
including the budget made a part of this Contract. The report shall also
specify the expenses for which STATE funds were uti]ized. All STATE
1
2004 - 2005 Visitor Assistance Program -Department of Research and Development, County of Hawaii
Contract No. BT-04-15
funds not expended in accordance with the provisions set forth in this
Contract and the budget shall be returned to the STATE.
6. 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. The
CONTRACTOR shall maintain monthly tracking reports to include vital
statistics (as described below) throughout the term of this Contract.
7. The CONTRACTOR shall prepare and submit for STATE approval,
written quarterly reports for the periods of January to March 2604, April
to June 2004, July to September 2004, October to December 2004,
January to March 2005, April to June 2005, July to September 2005,
October to December 2005, and two (2) annual written reports for the
period of January to December 2004 and for the period of January to
December 2005, according to the schedule specified in Attachment 2, on
the operation of the PROGRAM including, but not limited to, the
following information by month:
a. Number of referrals on VICTIMS received and the identity of each
party providing such referrals;
b. Number and resident country of each VICTIM served;
c. A brief description of the incident(s) including assistance needed by
each VICTIM, and the outcome of each VICTIM'S case, including the
type of assistance provided and/or gifts presented;
d. The type and extent of assistance provided to other related
organizations and visitors, if any;
e. A description of all efforts to raise funds in support of the
PROGRAM; and,
f. An actual versus budgeted income and expense statement for each
respective month, including the estimated value of donated goods and
services that have been presented as gifts to VICTIMS, and the
previous months' actual income and expenses. This report shall also
contain any information related to the CONTRACTOR'S efforts to
provide improved or expanded service offerings to VICTIMS and
other visitors.
8. 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 - 2005 Visitor Assistance Program -Department of Research and Development, County of Hawaii
Contract No. BT-04-15
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 total sum of money not to exceed EIGHTY-FC1UR
THOUSAND AND NO/100 DOLLARS ($84,000.00), tax inclusive; the sum of money
not to exceed FORTY-TWO THOUSAND AND NO/100 DOLLARS ($42,000.00), tax
inclusive, for the 2004 PROGRAM; and, the sum of money not to exceed FORTY-TWO
THOUSAND AND NO/100 DOLLARS ($42,000.00), tax inclusive, for the 2005
PROGRAM. Payment shall be made by the STATE to the CONTRACTOR in
accordance with paragraph 17 of the "General Conditions," and shall be subject to the
following provisions:
1. EIGHT THOUSAND AND NO/100 DOLLARS ($8,000.00) after the
Contract is fully executed, the CONTRACTOR has received a notice to
proceed from the STATE, and the STATE has received and approved an
original invoice for said amount and a schedule of all advertising and
promotional activities, if applicable.
2. EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($8,500.00) on or about April 2004 and upon the prior receipt of an
original Request for Payment for said amount and STATE appn~val of a
written quarterly progress report for the PROGRAM covering the period
of January to March 2004, and as required by this Contract.
3. EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($8,500.00) on or about July 2004 and upon the prior receipt of an original
Request for Payment for said amount and STATE approval of a written
quarterly progress report for the PROGRAM covering the period of April
to June 2004, and as required by this Contract.
4. EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($8,500.00) on or about October 2004 and upon the prior receipt of an
original Request for Payment for said amount and STATE approval of a
written quarterly progress report for the PROGRAM covering the period
of July to September 2004, along with an implementation plan for the
PROGRAM for the period covering January to December 2005.
3
2004 - 2005 Visitor Assistance Program -Department of Research and Development, County of Hawaii
Contract No. BT-04-15
5. EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($8,500.00) on or about January 2005 and upon the prior receipt of an
original Request for Payment for said amount and STATE approval of a
written quarterly progress report for the PROGRAM covering the period
of October to December 2004, and as required by this Contract.
6. EIGHT THOUSAND AND NO/100 DOLLARS ($8,000.00) on or about
March 2005 and upon the prior receipt of an original Request fir Payment
for said amount and STATE approval of all required final financial and
written reports describing the status of all work required under this
Contract, for the period of January 2004 to December 2004, a copy of all
advertising and promotional activities, if any, and satisfactory completion
of all services in accordance with this Contract for the 2004 PROGRAM.
7. EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($8,500.00) on or about April 2005 and upon the prior receipt of an
original Request for Payment for said amount and STATE approval of a
written quarterly progress report for the PROGRAM covering the period
of January to March 2005, and as required by this Contract.
8. EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($8,500.00) on or about July 2005 and upon the prior receipt of an original
Request for Payment for said amount and STATE approval of a written
quarterly progress report for the PROGRAM covering the period of April
to June 2005, and as required by this Contract.
9. EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($8,500.00) on or about October 2005 and upon the prior receipt of an
original Request for Payment for said amount and STATE approval of a
written quarterly progress report for the PROGRAM covering the period
of July to September 2005.
]0. EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($8,500.00) on or about March 2006 and upon the prior receipt of an
original Request for Payment for said amount and STATE approval of a
written quarterly progress report for the PROGRAM covering the period
of October to December 2005, and a final written annual and firiancia]
report on the complete 2005 PROGRAM covering the period of January
2005 to December 2005, a current tax clearance certificate issued by the
State of Hawaii and the federal Internal Revenue Service, a copy of all
advertising and promotional activities, if any, and satisfactory completion
of all services in accordance with this Contract for the 2005 PROGRAM.
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 an amount not to exceed FORTY-TWO
4
2004 - 2005 Visitor Assistance Program -Department of Research and Development, County of Hawaii
Contract No. BT-04-15
THOUSAND AND NO/100 DOLLARS ($42, 000.00) for the 2004 PROGRAM and an
amount not to exceed FORTY-TWO THOUSAND AND NO/100 DOLLARS
($42, 000.00) for the 2005 PROGRAM, specified above, and subject to the availability of
funds.
5
2004 - 2005 Visitor Assistance Program -Department of Research and Development, County of Hawaii
Contract No. BT-04-15
ATTACHMENT 3
TIME OF PERFORMANCE
Performance of services by the CONTRACTOR shall commence on
January 1, 2004 and al] services required under this Contract shall be completf;d by
December 31, 2005 unless this Contract is sooner terminated as hereinafter provided;
provided that the final financial and written reports for the 2004 PROGRAM shall be due
no later than March 31, 2005, and the final financial and written reports for the 2005
PROGRAM shall be due no later than March 31, 2006. This Contract may be amended
to extend the time of performance upon prior written approval by both the
CONTRACTOR and the STATE.
6