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HomeMy WebLinkAboutCOM 0082.001 2004-2006 tY Oi Harry Kim :a Jane H. Testa Mayor ~ ~ Director v County of Hawaii DEPARTMENT OF RESEARCH AND DEVELOPMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808)961-8366 • Fax (808)935-1205 E-mail: chresdev@interpac.net AMENDED - MEMORANDUM TO: Gary Safarik, Chairman and Members of the Hawai' i County Council THRU: Deanna Sako, Controller FROM: Jane H. Testa, Director!'<<°~ DATE: January 19, 2005 SUBJECT: NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 03-91, Section 7(1) Name of Grant Program: County Product Enrichment Program Grantor: State of Hawai i - Hawai' i Tourism Authority County Grantee Department or Agency: Department of Research and Development Grant No. (IF KNOWN): Amount of Grant: $1,200,000.00 (($400,000.00 for each year) Amount of County Match: County Revenue & Expenditure Account Numbers: Revenue: 3305.23; exp.: 010-161-5162.99 Grant Period (Commencement & Completion): January 1, 2004 -December 31, 2006 Purpose of Grant: Hawaii County Product Enrichment Program Is final report required by grantor? ®Yes ? No Notification attached: ®Yes ? No, because Q Comm. No. O Z Ref. To: Ref, L'ate~AAI (1 ,2(~Qi Hawai i County is an Equal Opportunity Provider and Employer Form NCA 6nn County of Hawaii Contract No. BT-04-06 _ CONTRACT This Contract is effective as of the December 8 , 2003, by and between the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of business is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "COUNTY," and the HAWAII TOURISM AUTHORITY, an agency of the State of Hawaii, whose mailing address is 1801 Kalakaua Avenue, Honolulu, Hawaii 96815, hereinafter called the "STATE." WITNESSETH: WHEREAS, the STATE desires to manage the strategic growth of Hawaii's visitor industry in a tnanner consistent with the economic goals, cultural values, and community interests of the people of Hawaii; WHEREAS, the STATE desires to achieve managed growth of Hawaii's tourism industry by focusing on increased visitor expenditures; WHEREAS; the STATE desires to realize Hawaii's potential as a great place to live and to visit by ensuring that Hawaii's rich cultural heritage and resources are enhanced, preserved, perpetuated and promoted in a manner that is economically and environmentally sound, and culturally and socially sensitive; WHEREAS, the STATE desires to support and encourage the expansion, enhancement, diversification and enrichment of Hawaii's tourism product; WHEREAS, the COUNTY has the knowledge, experience, and expertise in the numerous and various tourism product activities within the COUNTY'S jurisdiction; WHEREAS, the STATE desires to strengthen existing partnerships with the COUNTY to increase the effectiveness, efficiency, quantity and quality of tourism product activities and programs; WHEREAS, the STATE and the COUNTY desire to support and encourage tourism product activities such as those in the niche markets of agriculture, culture, education, health and wellness, nature and technology; WHEREAS, the STATE and the COUNTY desire to foster the perpetuation and preservation of the Hawaiian culture; and 2004 - 2006 County Product . amen[ Program -County of Hawaii WHEREAS, the STATE and the COUNTY desire to support and encourage efforts to provide activities and experiences for visitors and residents throughout the year and throughout Hawaii; NOW, THEREFORE, the STATE and the COUNTY in consideration of the mutual promises hereinafter set Forth hereby agree as follows: A. Scope of Services. The COUNTY shall: 1. Upon obtaining the prior approval of the STATE, conduct a County Product Enrichment Program for the County of Hawaii (hereinafter referred to as the "Program"), in accordance with, and in fulfillment of, all terms and conditions of the Program as established by the STATE a~ as specified in the "Product Development Program: 2002-2003 Strategic Plan," dated March 2002, and approved April 17, 2002 by the Hawaii Tourism Authority Board of Directors, and including the "County Product Enrichment Program Information Packet" and related materials revised and dated July 2003, these hereinafter collectively referred to as the "Plan" and incorporated herein by reference. 2. Execute the Program in a manner consistent with the overall strategic directions, goals and objectives of the "2002 Ke Kumu: Strategic Directions for Hawaii's Visitor Industry," hereinafter called "Ke Kumu" and incorporated herein by reference. 3. Perform and fulfill all of the Additional Conditions which are attached as Exhibit "A" and made a part hereof, and the General Conditions attached as Exhibit "B" and made a part hereof. B. Program Budget. The STATE agrees to make available to the COUNTY a sum not to exceed FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) for the purpose of implementing the Program for the period covering January 1, 2004 to December 31, 2004, and a sum not to exceed FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) for the purpose of implementing the Program for the period covering January 1, 2005 to December 31, 2005, and a sum not to exceed FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) for the purpose of implementing the Program for the period covering January 1, 2006 to December 31, 2006, for a total sum not to exceed ONE MILLION -2- 2004 - 2006 County Product . hment Program - County of Hawaii TWO IIUNDRED THOUSAND AND NO/100 DOLLARS ($1,200,000.00), as set forth in this Contract; provided that any funds not expended by the COUNTY to implement the Program shall be returned to the STATE, and subject to availability of funds and STATE approval of all reports and performance of the COUNTY as required under this Contract. C. Performance Schedule. Performance of services by the COUNTY shall commence as of the effective date of this Contract and shall be completed by December 31, 2006 unless this Contract is sooner terminated as hereinafrer provided; provided that the quarterly reports and final financial and written reports shall be due no later than March, 2007, subject to such extensions as maybe agreed to by the STATE, and unless sooner terminated as provided herein. D. Method of Payment. The total compensation for services to be provided by the COUNTY under this Contract shall be the sum of money not to exceed ONE MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($1,200,000.00), tax inclusive. Payment shall be made by STATE to COUNTY subject to the following provisions: 1. The STATE shall transfer TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) to the COUNTY following execution of this Contract and upon receipt by the STATE from the COUNTY of a written Request for Payment or invoice under the letterhead of the COUNTY and bearing the signature of an authorized officer of the COUNTY, along with an implementation plan for the Program for the period covering January 1, 2004 to December 31, 2004, to include, but not be limited to, a copy of the 2004 application form and instructions, a timeline for implementation for 2004, a listing of the 2004 Program Oversight/Advisory Committee including name, title and affiliation of each member, and evaluation and report forms to be used by the COUNTY for the 2004 Program. Funds transferred shall be expended only for implementing the 2004 program. 2. ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) on or about March 1, 2004 and upon the prior receipt of an original Request for Payment for said amount and STATE approval of written yuarterly progress reports for the Program covering the periods of July to -3- 2004 - 2006 County Product L ~lunent Program -County of Hawaii September 2003, and October to December 2003, and a final written and financial report on the 2003 Program, and as required by this Contract. 3. ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) on or about July 1, 2004 and upon the prior receipt of an original Request for Payment for said amount and STATE approval of written quarterly progress reports for the Program covering the periods of January to March 2004, and April to June 2004, and as required by this Contract. 4. TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) on or about October 1, 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 1, 2005 to December 31, 2005 to include, but not be limited to, a copy of the 2005 application form and instructions, a timeline for implementation for 2005, a listing of the 2005 Program OversightlAdvisory Committee including name, title and affiliation of each member, and evaluation and report forms to be used by the COUNTY for the 2005 Program. Funds transferred shall be expended only for implementing the 2005 program. 5. ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) on or about March 1, 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 a final written and financial report on the 2004 Program, and as required by this Contract. 6. ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) on or about July 1, 2005 and upon the prior receipt of an original Request for Payment for said amount and STATE approval of written quarterly progress reports for the Program covering the periods of January to March 2005, and April to June 2005, and as required by this Contract. -4- 2004 - 2006 County Product L....,,hmcnt Program -County of Hawaii 7. TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) 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, along with an implementation plan for the Program for the period covering January 1, 2006 to December 31, 2006 to include, but not be limited to, a copy of the 2006 application form and instructions, a timeline for implementation for 2006, a listing of the 2006 Program Oversight/Advisory Committee including name, title and affiliation of each member, and evaluation and report forms to be used by the COUNTY for the 2006 Program. Funds transferred shall be expended only for implementing the 2006 program. 8. ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) on or about March 1, 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 and financial report on the 2005 Program, and as required by this Contract. 9. ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) on or about July 1, 2006 and upon the prior receipt of an original Request for Payment for said amount and STATE approval of written quarterly progress reports for the Program covering the periods of January to March 2006, and Apri] to June 2006, and as required by this Contract. The COUNTY shall submit to the STATE all requested reports, including written quarterly progress reports and annual final written and final financial reports, detailing activities and use of funds as specified in Exhibit "A" with certification by the COUNTY that all the work for which funds were utilized were performed in accordance with this Contract. Progress payments shall not be construed as final acceptance of services required under this Contract. COUNTY acknowledges and agrees to perform all services in accordance with this Contract for an amount not to exceed ONE MILLION TWO HUNDRED THOUSAND -5- 2004 - 2006 County Product ~._.ohment Program - County of Hawaii AND NO/100 DOLLARS ($1,200,000.00), as specified above, and subject to the availability of funds. Al] STATE funds not expended in accordance with the provisions set forth is this Contract shall be returned to the STATE. The Request for Payment or invoice shall include certification that the work planned is in accordance with the terms of this Contract, shall be under the letterhead of the COUNTY, and shall bear the signature of an authorized officer of the COUNTY. These funds shall not be expended until prior written approval from the STA"fle is received by the COUNTY, and are subject to the availability of funds. E. Withholding of Payments. The STATE may withhold any and all payments to the COUNTY if the COUNTY fails to comply with the terms of this Contract. F. Promotional Material. The COUNTY and all recipients of the STATE funds through the COUNTY for this Program shall acknowledge the HAWAII TOURISM AUTHORITY as a contributor of funds in all printed, broadcast, and other advertisement and promotional material and documents relating to this Program. G. Indemnification. The COUNTY shall indemnify, defend, and save harmless the STATE, its officers, agents, and employees from and against any and all manner of actions and claims arising, either directly or indirectly, out of or resulting from the negligence, errors, omissions, or acts of the COUNTY, its officers, agents or employees occurring during or in connection with the performance of the COUNTY'S services under this Memorandum. The COUNTY shall defend the STATE against any such action or claim that does not involve an act or omission solely of the STATE, its officers, agents, or employees. H. Modification of Contract. Any modification, alteration or change to this Contract including, but not limited to, modification of the services to be performed and extension of time of performance, shall be made only by prior written supplemental agreements executed by the parties. I. Termination of Contract If, for any cause, the COUNTY fails to satisfactorily fulfill in a timely or proper manner its obligations under this Contract or if the COUNTY breaches any of the promises, terms or conditions of this Contract and, having been given reasonable notice of an opportunity to cure any such default, fails to take satisfactory corrective action within the time specified by the STATE, the STATE may terminate this Contract by -6- 2004 - 2006 County Product ichment Program -County of Hawaii giving written notice to the COUNTY of such termination. The STATE may also terminate this Contract without cause by giving written notice to the COUNTY thirty (30) calendar days before the effective date of such termination. -7- 2004 - 2006 County Product b~...~hment Program -County of Hawaii IN WITNESS WHEREOF, the parties hereto have executed the Memorandum of Understanding the day, month and year first above written. STATE: APPROVED AS TO FORM: By (ignature) By Rex D. Johnson Deput Attorn~ eneral (Print Name) Its President and Chief Executive Officer (Title) Date aFC 0s 2003 COUNTY OF HAWAII• Approval Recommended: By (Signature) By ~fXfE KAETS[3 Jane Higa Tes (Print Name) Research & Dev ]opment Director ItS PAanaaing t)irRCl01 Approved as to form and legality: (Title) By ~ Date _ Deputy Corporation Counsel County of Hawaii -8- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this aU day of Novt~e,. , 2003, before me personally appeared DIXIE i<AETSU, 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 DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. JEA (ERNES Notary Public, State of Hawaii My commission expires: 11/1/2 ~ v~~p ' ^v F, N~ T'4~'r l N ~ i( 1 ' m i AU v t 1 ~ ~ ' 1 L ~ ~ ~ V / 2004 - 2006 County Product Em ~clunent Program - County of Hawaii Contract No. BT-04-06 EXHIBIT A ADDITIONAL CONDITIONS The COUNTY shall perform and provide, in a satisfactory and proper manner as determined by the STATE, the "County Product Enrichment Program" for the County of Hawaii, hereinafter referred to as the "Program," as specified in the "Product Development Program: 2002-2003 Strategic Plan," dated March 2002, and approved April 17, 2002 by the Hawaii Tourism Authority Board of Directors, and including the "Cofxttty Product Enrichment Program Information Packet" and related materials revised and dated July 2003, these hereinafter collectively referred to as the "Plan," in a manner consistent with the overall strategic directions, goals and objectives of the "2002 Ke Kumu: Strategic Directions for Hawaii's Visitor Industry," hereinafter called "Ke Kumu," and as described below: 1. Plan, promote, and implement the Program to provide for projects that enrich and enhance the COUNTY'S tourism product and that shall satisfy the policies, objectives, requirements, and guidelines set forth in the Plan and Ke Kumu. 2. The STATE funds shalt be used for marketing, promotional, operating or administrative expenses related to the Program, and as allowed in the Plan. 3. Use best efforts to perform the goals and objectives as stated in the Plan and Ke Kumu, and to ensure that any agency, organization, or private or public entity which the COUNTY may enter into agreements with to perform the product enrichment projects as allowed in the Plan shall also use best efforts to achieve the goals and objectives, and follow the guidelines for the Program as stated in the Plan and Ke Kumu. 4. Submit to the STATE progress reports on a quarterly basis to include, but not be limited to: a. listing of all proposals received for the Program including, but not limited to, the name of the organization applying, project description, amount requested, and recommended action; b. listing of all projects for which awards are approved through the Program, including the organization name, project description, amount awarded, and verification of matching funds; c. status report on all projects funded through the Program including copies of reports from organizers of these projects to the COUNTY in accordance with related agreements between the COUNTY and project organizers receiving funds through this Program; d. budget status, including description of use of the STATE funds and balance of funds available; and 2004 - 2006 County Product . .chment Program -County of Hawaii Contract No. BT-04-06 EXHIBIT A -continued e. schedule and copy of all promotional and advertising activities by the COUNTY or any entity receiving funds through the Program. 5. Consult with the STATE's Director of Marketing and marketing contractors to include, to the extent possible, any product enrichment projects supported through the Program on any appropriate promotional and marketing materials for the STATE. 6. 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 COUNTY'S performance of this Memorandum. These records shall be subject to any inspection, review, or audit by the STATE. 7. Submit an annual financial report to the STATE upon completion of the Program for each calendar year, by March I, 2005 for calendar year 2004, by March 1, 2006 for calendar year 2005 and by March 1, 2007 for calendar yeaz 2006, and according to the schedule outlined in this Memorandum. The financial reports shall include, but not be limited to, a certification by the COUNTY that all financial statements represented in the report are accurate and that the STATE funds allocated under this Memorandum have been expended in accordance with the provisions set forth in this Memorandum. All the STATE funds not expended in accordance with the provisions set forth in this Memorandum shall be returned to the STATE. 8. Complete and submit a final annual written report to the STATE upon completion of the Program for each calendar year, by March 1, 2005 for calendar year 2004, by March 1, 2006 for calendar year 2005 and by March 1, 2007 for calendar year 2006, and according to the schedule outlined in this Memorandum. The COUNTY may require the use of a standard final report form by organizations awarded the STATE funds through the Program and compile these reports as part of a final report to the STATE. Sample forms are available in the Plan. 9. COUNTY shall require all organizations receiving funds through this Program to submit progress and final reports as appropriate and shall submit copies of such reports to the STATE with COiJNTY's quarterly reports to the STATE as required under this Memorandum. 10. Furnish any additional reports or information that the STATE may, from time to time, require or request, including a progress report describing status of all work required to be completed under this Memorandum. 2004 - 2006 County Product aunent Program -County of Hawaii Contract No. BT-04-06 EXHIBIT A -continued 11. Progress payments shall not be construed as final acceptance of services required under this Memorandum. The COUNTY agrees to perform all services in accordance with this Memorandum as specified in the Plan for an amount not to exceed FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) for each year of the Program for a total amount not to exceed ONE MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($1,200,000.00) with not more than ten percent (10%) of the full awazd or FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00) per yeaz to be used by the COUNTY to administer the Program, and subject to the availability of funds and approval of the STATE.