Loading...
HomeMy WebLinkAboutCOM 0082.058 2004-2006Harry Kim M qor DATE: TO: VIA: FROM RE: County of Hawaii OFFICE OF AGING I I i I o Lagoon Centre, 101 Aupuni Street, Suitc 342, Filo, I Iawai'i 96720-4262 Phone (808) 961-8600 • Fax (808) 961-8603 I lanama Place. 75-5706 Kuakini highway- Suite 106, Kailua-Kona, I lawai'i 96740-1751 Phone (808) 327-3597 • Fax (808) 327-3599 August 26, 2005 Stacy K. Higa, Council Chair and Council Members Deanna Sako, Controller & Alan Parker, Executive on Aging NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 05-86, Section 7(1) Name of Grant Program: Grantor: County Grantee Department or Agency: Grant No. (IF KNOWN): Amount of Grant: Amount of County Match: County Revenue Account Numbers: County Expenditure Account Numbers: Grant Period (Commence. & Completion) Purpose of Grant: Is final report required by grantor? Notification attached: 31 cc: Parks & Recreation Alan R. Parker Execulive on Aging Senior Employment Program SOH, Dept. of Labor & Ind. Relations, Workforce Dev. Div. Hawaii County Office of Aging PY04-SCSEP-H-HCOA $284,236.00 $ 89,904.00 #3301.20 #010-481-5481.01 to 5481.02 & 5484.02 to 5484.03 July 1, 2005 to June 30, 2006 To provide the subsidized part-time employment opportunities to individuals fifty-five years of age or older. © Yes U No © Yes ❑ No 11auni 'i ('onnlll is an equal 01)p01'1111111_11 prm11der and employer. Comm No. :: •e 11 TO: Alan R. Parker, Executive on Aging Hawaii County Office of Aging FROM: Elaine Young, Administrator%�U4t-t'�zWorkforce Development Division SUBJECT: Agreement for Health and Human Services: Transactions Exempt from Chapter 103-F, HRS Agreement Number PY-05-SCSEP-H-HCOA Enclosed for your appropriate action is an executed copy of the Agreement for Health and Human Services referenced above. This Agreement is for the administration and operation of the Senior Community Service Employment Program on the County of Hawaii. We recently received grant application instructions from USDOL and will be issuing a SCSEP bulletin shortly requesting a budget modification to the PY 2005 allocations. If there are any questions or concerns, please call Ms. Yvonne Chong at 586-9262. Enclosure NELSON B. BEFI7EL LINDA LINGLE 00; DIRECTOR GOVERNOR COLLEEN Y. LaCLAIR DEPUTY DIRECTOR STATE OF HAWAII ELAINE YOUNG DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS ADMINISTRATOR WORKFORCE DEVELOPMENT DIVISION 830 Punchbowl Street, Room 329 Honolulu, Hawaii 98813 DATE RECEIVED 7--,7 CIRCULATE TO i July 1, 2005 COPY TO ACTION BY DATE DUE TO FILE _ TO: Alan R. Parker, Executive on Aging Hawaii County Office of Aging FROM: Elaine Young, Administrator%�U4t-t'�zWorkforce Development Division SUBJECT: Agreement for Health and Human Services: Transactions Exempt from Chapter 103-F, HRS Agreement Number PY-05-SCSEP-H-HCOA Enclosed for your appropriate action is an executed copy of the Agreement for Health and Human Services referenced above. This Agreement is for the administration and operation of the Senior Community Service Employment Program on the County of Hawaii. We recently received grant application instructions from USDOL and will be issuing a SCSEP bulletin shortly requesting a budget modification to the PY 2005 allocations. If there are any questions or concerns, please call Ms. Yvonne Chong at 586-9262. Enclosure Agreement Number: PY05-SCSEP-H-HCOA STATE OF HAWAI'l AGREEMENT FOR HEALTH AND HUMAN SERVICES: TRANSACTIONS EXEMPT FROM CHAPTER 103F, HRS This Agreement, executed on the respective dates of the signatures of the parties shown hereafter, is effective as of (date) July 1 2005 between the (agency) Department of Labor and Industrial Relations State of Hawaii (the "STATE'), by its Director (the "DIRECTOR"), whose address is 830 Punchbowl Street, Room 321, Honolulu, HI, 96813 and Hawaii County Office of Aging (the "PROVIDER"), a (government entity/corporation/partnersbip/sole proprietorship/other business form) county governmental entity whose business address and taxpayer identification number are: 101 Aupuni Street, Suite 342, Hilo, Hawaii 96720 Federal ID$: 99-600056.7 State IDI: 30016002 RECITALS A. This Agreement is for a purchase of health and human services that is exempt from the requirements of Chapter 103F, HRS, because: ❑ this Agreement is between or among government agencies as provided in Section 103F -101(a)(2), HRS; ❑ this Agreement is to award grants or subsidies of state funds appropriated by the legislature to a specific organization as provided in Section 103F -101(a)(1), HRS, and Section 3-141-503(a)(2), HAR, or to award subawards and subgrants to specific organizations directed by the funding source as provided in Section 3-141-503(a)(1); ❑ this Agreement is wholly or partly funded from federal sources that conflict with the procedures and requirements established by Chapter 103F, HRS, and its implementing regulations; ❑ this Agreement is wholly or partly funded from federal sources that (1) identifies a target class of beneficiaries, (2) defines the requirements for a provider to be qualified to participate in the federal program, and (3) has the price of the provided health and human services dictated by federal law; EXEMPT TRANSACTIONS Page l Form AG3-Exem(4199) ❑ this Agreement is for an affiliation agreement with hospitals and other health care providers required for University of Hawaii clinical programs; ❑ this Agreement is for the services of psychiatrist, or psychologists in criminal or civil proceedings as required by a court order or by the rules of the court; ❑ this Agreement is for a transaction covered by a written exemption from the Chief Procurement Officer for the STATE dated B. The STATE is in need of the health and human services described in this Agreement and its exhibits (the "Required Services"). The PROVIDER is agreeable to providing the Required Services. C. Money has been appropriated for the purchase of the Required Services by: (1) (identify state sources) --- , or (2) (identify federal sources) Public Law 108-447 or both, in the following amounts: State: $ --- Federal: $ 284,236.00 D. Pursuant to (legal authority for Agreement) Chapters 103-F and 26-20, HRS the STATE is authorized to enter into this Agreement. E. The undersigned representative of the PROVIDER represents, and the STATE relies upon such representation, that be or she has authority to sign this Agreement by virtue of (check any or all that apply): ❑ corporate resolutions of the PROVIDER or other authorizing documents such as partnership resolutions; ❑ corporate by-laws of the PROVIDER, or other similar operating documents of the PROVIDER, such as a partnership agreement, or an limited liability company operating agreement; EXEMPT 'TRANSACTIONS Page 2 Form AG3-Exem(4/99) Q the PROVIDER is a sole proprietor and as such does not require any authorizing documents to sign this Agreement; ❑ the PROVIDER is a government entity, and the undersigned representative of the PROVIDER is duly-autborized to execute contracts on behalf such government entity; Q other evidence of signing authority: F. The PROVIDER has produced, and the STATE has inspected, a certificate of insurance in the amount of DOLLARS ($ ), for bodily injury and property damage liability arising in connection with the PROVIDER's performance under this Agreement. N/A G. The PROVIDER has produced, and the STATE has inspected, a tax clearance certificate with approval from the State of Hawai'i, Department of Taxation, dated N/A NOW, THEREFORE, in consideration of the promises contained in this Agreement, the STATE and the PROVIDER agree as follows: 1. Scope of Services. The PROVIDER shall, in a proper and satisfactory manner as determined by the STATE, provide the Required Services as set forth in Exhibit "A" to this Agreement, which is attached, and made a part of this Agreement. 2. Term of Agreement. The PROVIDER shall provide the Required Services from (date) July, 1 2005 , to (date) June 30 2006 , unless this Agreement is sooner terminated. 3. Compensation, The PROVIDER shall be compensated 0 in a total amount for all required services not to exceed Two Hundred Eighty Four Thousand Two Hundred Thirty Six DOLLARS ($ 284,236.00 ) including taxes, at the time and in the manner set forth in Exhibit "B" to this Agreement, which is attached, and made a part of this Agreement. based upon referrals to the PROVIDER from the STATE, payment EXEMPT TRANSACTIONS Page 3 Form AG3-Exem(4/59) for each such referral shall be made according to Exhibit "B" to this Agreement, which is attached, and made a part of this Agreement. The STATE shall provide a minimum of referrals to the PROVIDER. 4. Reporting Requirements. In addition to whatever other reports may be required elsewhere in this Agreement, the PROVIDER shall also submit a Final Project Report, by (date) August 31 2006 No amendment to the PROVIDER's Final Project Report shall be considered after (date) September 30 2006 5. Standards of Conduct Declaration. The Standards of Conduct Declaration of the PROVIDER is attached as Exhibit "C", and is made a part of this Agreement. 6. Other Terms and Conditions. The General Conditions for Health and Human Services Contracts (the "General Conditions") are attached as Exhibit "D," and are made a part of this Agreement. If applicable, any Special Conditions are attached as Exhibit "E," and are 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. Notices. Any notice, communication, or information required to be given by any party to this Agreement shall be made in writing , and 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 DIRECTOR's office in Honolulu, Hawaii. Notice to the Agency Procurement Officer shall be sent to: 830 Punchbowl Street, Room 309, Honolulu, Hawaii 96813 Notice to the PROVIDER shall be sent to the PROVIDER at the PROVIDER's address as indicated in this Agreement. Notice to the STATE's Chief Procurement Officer shall be sent to 1151 Punchbowl Street, 11230A, Honolulu, HI A notice shall be deemed to have been received 96813 three (3) days after mailing or at the time of actual receipt, whichever is earlier. The PROVIDER is responsible for notifying the STATE in writing of any change of address. EXEMPT TRANSACTIONS Page 4 Form AG3-Exem(4199) M IN VIEW OF THE ABOVE, the parties execute this Agreement by their signatures, on the dates below, to be effective as of the date first above written. STATE By L�tJ11i� JUN 14 2005 _ APPROVED AS TO FORM: i Deputy A t ey General APPROVED AS TO FORM AND LEGALITY: DEPPDt CORPORATION COUNSEL Conn JUW1 4 2005 Date Print Name Title Date Nelson B. Befitel Dire PROVIDE By Print Name Title Date MIN 2 7 2005 EXEMPT TRANSACTIONS Page 5 Form AG3-Exem(4/99) State of OVIDER'S ACKNOWLEDGMENT SS. County of On this day of appeared \ duly sworn, did say that he/she is the before me personally to me personally known, who being by me of the PRO DER named in the foregoing instrument, and that he/she is authorized to sign said rostrum t on behalf of the PROVIDER, as provided in Recital E of the foregoing Agreement, nd acknowledges that he/she executed said instrument as the free act and deed of the OVIDER. Notaryblic, My comms sion expires: EXEMPT TRANSACTIONS Page 6 Form AG3-Exem(4/99) STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) day of . On this Is �' Sw, 2005, 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 DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. qt"t' y U-"� JEAN VNERNES Notary Public, State of Hawaii My commission expires: 11/1/2005 N/A CERTIFICATION OF EXEMPTION FROM CIVIL SERVICE 1. By Heads of State Departments or Agencies Pursuant to Delegation of the Director of Human Resources Development' Pursuant to the delegation of the authority by the Director of Human Resources Development, 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. (signature) (date) Print Name Print Title 2. By the Director of Human Resources Development, State of Hawaii2 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(_J. (signature) (date) Print Name Print Title, if designee of Director of Human Resources Development tTbis 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 Be. NOTE: Authority to certify exceptions under Hawaii Revised Statutes sections 76-16(2) and 76-16(3) has not been delegated; only the Director of Human Resources Development may certify sections 76-16(2) and 76.16(3) exceptions. This part of the form may be used only by the Director of Human Resources Development of the Director's designee. See NOTE at footnote 1. EXEMPT TRANSACTIONS Page 7 Form AG3-Exem(4199) SCOPE OF SERVICES The purpose of this Agreement is to foster and promote useful part-time opportunities in community service activities for unemployed, low income "older individuals" (individuals over 55 years of age) who have poor employment prospects; to foster individual economic self- sufficiency; and to increase the number of persons who may enjoy the benefits of unsubsidized employment. (See Section 2, Service Specifications of the Request for Proposals—Identification Number LBR 111-02-1(SCSEP), which is attached hereto as Attachment "1 ".) In order to achieve these goals, the PROVIDER shall, in a satisfactory and proper manner as determined by the STATE and in strict accordance with the terms and conditions of this Agreement, provide employment and training services to eligible older individuals that are designed to initially place such individuals into subsidized part-time community service jobs as set forth in this Agreement, with the ultimate goal of helping these older individuals transition into unsubsidized employment. The PROVIDER shall, to the maximum extent feasible, cooperate with other agencies, including but not limited to, the Workforce Investment Act partner agencies, in providing services to the older individuals. The scope of services is set forth in detail in the Detailed Program Objectives which is the PROVIDER's proposal attached hereto at Attachment "2" and the PROVIDER's Detailed Program Budget, attached hereto as Attachment "3', but in general, the requirements of this Agreement are set forth below as follows: Statutory and Regulatory Requirements: The PROVIDER shall comply with the Cost Principles for Purchases of Health and Human Services set forth in HRS Chapter 103F, and applicable federal cost principles listed in OMB Circulars A-87, A-21, A- 110 and A-122, and the Department of Labor and Industrial Relations' Senior Community Service Employment Program Financial Management Manual (SCSEP FMM) which are hereby incorporated and made a part of this Agreement. The PROVIDER shall ensure that services shall be in accordance with Title V of the Older Americans Act Amendments of 2000 (Public Law 106-501), its Final Rule at 20 CFR Part 641, published on April 9, 2004, and applicable Federal and State laws, regulations, policies, and instructions. 2. Required Services and Activities: The scope of work is described in the Service Specifications which are attached as Attachment "1" and shall include, but is not limited to, the following: A. Recruitment, Screening and Selection of Eligible Participants: In accordance with Title V of the Older Americans Act and applicable laws, regulations, policies, and instructions issued by the STATE, the PROVIDER should recruit, screen and select eligible individuals to fill all available community service assignment slots. In addition to other means of recruitment, the PROVIDER shall utilize the One -Stop Center(s) established under the Workforce Investment Act to recruit eligible participants. The PROVIDER shall strive to provide services to 40% more individuals than the slot level established for the project by the STATE. The following order of Exhibit A Page I priority shall be utilized when selecting individuals for enrollment: 1) Veterans or the qualified spouse of a veteran who meet the eligibility requirements under Section 2 of the Jobs for Veterans Act (Public Law 107- 288) and who are 60 years old or older, 2) Other individuals who are 60 years old or older, 3) Veterans or the qualified spouse of a veteran who meet the eligibility requirements under Section 2 of the Jobs for Veterans Act who are 55-59 years of age, and 4) Other individuals who are 55-59 years of age. Within these priority groups, special consideration shall be given to the extent feasible, to eligible individuals who are minority, have limited English speaking skills, are Indian, have a family income below the poverty level, or have the greatest social and economic need. The PROVIDER shall verify the participant's eligibility through the review of documents verifying the individual's age, residence, family size, and family income. In addition, the PROVIDER shall certify the participant's continued eligibility at least once per program year by reviewing the participant's family income for the six months prior to the date of review. When calculating family income, the PROVIDER shall utilize the income guidelines transmitted via the STATE SCSEP Bulletin 10-03, Change 1. B. Orientation: The PROVIDER shall provide the participants selected for enrollment with an orientation which includes information on the project goals and objectives; participant's rights and responsibilities; available benefits and privileges while on the program; available community service assignments, training opportunities, and supportive services; and permissible and prohibited political activities. Participant orientation materials should also include the Equal Opportunity is the Law form, the Privacy Act Statement, the Hatch Act Notice, and if applicable, the PROVIDER's fringe benefit guidelines indicating that non -mandatory fringe benefits will be zeroed -out at the end of the Program Year (June 30). Agencies that have agreed to serve as host agencies for the program shall also be provided with an orientation that includes information on the project goals and objectives; agency's rights and responsibilities; and the requirements of providing a safe and healthy work environment; adequate supervision; and a work site which is free of nepotism, discrimination, political and sectarian activities and which complies with the maintenance of effort provisions of the Older Americans Act. C. Assessment, Case Management and Service Planning: The PROVIDER shall assess the participant's suitability for the program through an in-depth interview and/or testing which examines the participant's work history, capabilities, interests, vocational potential, barriers to employment and supportive service needs. Such assessment shall be conducted no less than twice during the program year. The assessment shall be utilized to develop a comprehensive individualized case management plan that reflects the participant's goal(s), appropriate achievement objectives, supportive service needs, sequence of services and timetable for attaining goals. An individual employability plan (IEP) shall be developed jointly with the participant and should be updated as needed. Throughout the individual's participation in the Exhibit A Page 2 program, the PROVIDER shall provide emotional support, employment counseling, and information and referral services to the participant to enhance the participant's success in attaining their goals. D. Placement into Subsidized and Unsubsidized Employment: The PROVIDER shall place participants into appropriate community service activities that are consistent with their IEP, and are as close as possible to the participant's residence. The PROVIDER shall compensate participants at the federal or state minimum wage (whichever is higher) and provide fringe benefits for their participation in community service activities and approved training. The PROVIDER shall provide sufficient counseling, assessment, supportive services and training that will enable the transition into unsubsidized employment for the number of participants that equals at least 20 percent of the project's annual slot level. In addition, the PROVIDER shall strive to attain the Government Performance and Result Act (GPRA) goal of the placement of 35% of the project's slot level. E. Training: The PROVIDER shall arrange or provide for necessary training specific to the participant's community service assignment or to address the training needs identified in the participant's IEP. The training shall make the most effective use of the participant's skills, interests, and talents and be secured at little or no -cost to the program whenever possible. F. Supportive Services: The PROVIDER shall provide or refer participants to agencies that are able to provide the supportive services that are identified as required to ensure active participation in the program. G. Termination: The PROVIDER shall terminate participants from the program following the statutes, regulations, instructions, and policies established by the Older Americans Amendments (Public Law 106-501), its Final Rules, and the STATE. H. Follow -Up Services: The PROVIDER shall provide counseling and follow- up services to participants who are placed in unsubsidized employment for no less than four quarters after the quarter of exit to ensure successful placement and to capture performance data on the common measures employment retention. Follow-up services should follow the instructions issued in SCSEP Bulletins 8-04 and 8-04, Change 1. Customer Satisfaction Surveys: The PROVIDER shall encourage participants, host agencies and employers to respond to customer satisfaction surveys through personal contact, on-site visits and/or letters. Monitoring and Evaluation: The PROVIDER shall implement sufficient procedures for monitoring this award to insure the proper and effective expenditure of funds and the achievement of program goals. Exhibit A Page 3 4. Reporting Requirements: In order that the STATE may monitor the PROVIDER's compliance with this Agreement, the PROVIDER shall submit written monthly fiscal and quarterly program progress reports to the STATE. Such reports may be transmitted via hard copy and/or through the SCSEP Data Collection and Reporting System developed by the U.S. Department of Labor. A. Fiscal Reports: The fiscal reports shall detail the uses made by the PROVIDER of compensation paid to it pursuant to this Agreement, outline the expenditures incurred, and be certified as to accuracy by the PROVIDER. The SCSEP Expenditure Register, and the Subcontractor's Invoice (Program Costs) are due no later than twenty-five (25) calendar days after the end of each month. The Inventory Listing Report is due no later than twenty-five (25) days after the end of each report quarter. In addition, the PROVIDER shall submit a completed close-out package within sixty (60) days after the termination of the Agreement containing the documents identified in the SCSEP FMM. B. Program Reports: The PROVIDER must ensure timely and accurate input of all required data into the SCSEP Data Collection System (DCS) utilizing the instructions in the SCSEP Data Collection Handbook, as amended. The DCS consists of four major forms (SCSEP Participant Form, SCSEP Community Service Assignment Form, SCSEP Exit Form, and SCSEP Unsubsidized Employment Form). No later than ten (10) calendar days after the end of each calendar quarter, the PROVIDER must transmit their data as an XML file to the State for inclusion into the State's combined report. In addition to the four quarterly submissions of the XML files to the State, the PROVIDER must submit within sixty (60) days from the end of the Program Year, an annual report containing updated participant records and any data from follow-ups that were not completed on time. The PROVIDER is expected to have the required computer access with internet and email capabilities to transmit the required reports. The PROVIDER should also transmit to the State the Quarterly Review Report twenty-five (25) calendar days from the end of the quarter summarizing their progress for each quarter. C. Additional Reports: In addition to the quarterly written reports, the PROVIDER, upon request, shall be required to submit additional reports that the STATE from time to time may request and to meet with representatives of the STATE to discuss the progress of the work required hereunder. While not required, it is also recommended that the PROVIDER report the total amount of non-federal funds contributed to the project's operation. The non-federal match may be in cash or an in-kind contribution. The reported non-federal match may be utilized to offset any potential disallowed costs discovered through subsequent monitoring. D. Reporting Penalty: Should the PROVIDER fail to file the written fiscal and program progress reports with the STATE on or before the required date, the Exhibit A Page 4 state is authorized to withhold funds owed to the PROVIDER until such time as the reports are acceptable and placed in file with the STATE. 5. Audit Requirement: Any PROVIDER agency that expends $500,000.00 or more a year in federal awards shall have a single or program -specific audit conducted for that year. Such PROVIDER shall have an audit conducted by an independent Certified Public Accountant to verify that its financial management system and internal control procedures are effective in meeting the terms and conditions of the Agreement. The audit shall be in accordance with generally accepted auditing standards, the requirements of OMB Circular A-133, and the Government Auditing Standards issued by the U.S. General Accounting Office. The audit report shall be furnished to the STATE within twelve (12) months after the completion of the Agreement. A pro rata share of the audit costs may be charged to the Agreement only if an audit is required as stated above. Should the actual federal expenditure be less than $500,000.00, no portion of the cost of the audit, if conducted, may be charged to this award. 6. Personnel: The PROVIDER represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with the STATE. All of the services required hereunder will be performed by the PROVIDER or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under federal, state, and local laws to perform such services. Participation in the One -Stop Delivery System: The PROVIDER shall make available information regarding their program to participants of the One -Stop Delivery System. The PROVIDER shall participate with the operations of the Workforce Investment Act One -Stop Delivery Centers in their area. Such participation shall be described in a Memorandum of Understanding (MOU) between the PROVIDER and the Local Workforce Investment Board. At a minimum, the MOU shall describe 1) the services to be provided, 2) how the cost of such services and the operating cost of the one-stop delivery system will be funded, 3) the method of referral of individuals between the programs, 4) the reciprocal arrangements and the contents of the SCSEP and WIA Individual Employability Plan, and 5) the duration of the MOU and procedures for amending the MOU during this period. In addition, the PROVIDER shall list all enrollment vacancies for the project with the One -Stop Center(s) in their area to ensure that the maximum number of eligible individuals will have the opportunity to participate in the project. Exhibit A Page 5 Performance Standards: The PROVIDER shall meet the required levels of performance annually set by the Secretary of U.S. Department of Labor for each of the performance indicators: A. SCSEP Placement Rate: The number of individuals placed into unsubsidized employment who are employed 30 days within the first 90 days of exit. The minimum rate of placement shall be no less than 20 percent of the PROVIDER's allocated slot level. The PROVIDER should strive to attain the GPRA goal of at least 35% placement. B. Service Level: The total number of participants served by the project divided by the allocated slot level. The PROVIDER should serve no less than 140% of the allocated slot level. C. Services to the Most -in -Need: The PROVIDER shall ensure that 70% of the participants enrolled into the project shall be most -in -need. A participant is most -in -need if he/she is: 60+ years old and meets at least one of the following criterion: 1) Income at or below poverty, 2) physical or mental disabilities, 3) Language barriers, 4) Cultural, social or geographic isolation, or 5) poor employment history or prospects. D. Community Service Provided: The PROVIDER must calculate the total number of community service hours provided by all participants. The total community service hours does not include the hours of paid training. E. Customer Satisfaction of Employers, Participants, and Host Agencies: The PROVIDER shall deliver the Employer Surveys to affected employers and shall encourage their participants and host agencies to complete the surveys to attain a targeted return rate of no less than 70%. Of the surveys returned, the goal is to have 80% reflect satisfaction with the services provided. F. Common Measure Entered Employment Rate: Of those participants who are not employed at the date of participation, the number of participants who are employed in the first quarter after the exit quarter divided by the number of participants who exit during the quarter. G. Common Measure Retention Rate: Of those participants who are employed in the first quarter after exit, the total number of participants who are still employed in both the second and third quarter after exit divided by the total number of participants who exit in the quarter. Exhibit A Page 6 H. Common Measure Earnings Gain: Of those participants who are employed in the first quarter after the exit, the total earnings in the second and third quarters after exit minus the total earnings in the second and third quarters prior to participation, divided by the number of participants who exit during the quarter. 9. Consequences for Poor Performance: If the PROVIDER fails to achieve the established level of performance, the PROVIDER shall no later than 60 days after the end of the program year, submit to the STATE their corrective action plan to resolve such poor performance. If the PROVIDER continues to fail to achieve the established level of performance for a second year, even with the provision of technical assistance and training from the STATE and/or the U.S. Department of Labor, the STATE shall select another entity to operate the subproject. 10. Assurances and Certifications: The PROVIDER shall assure and certify that it will fully comply with the following: 29 CFR Part 97 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments); 29 CFR Part 95 (Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations) 29 CFR Part 96 (Single Audit Requirements); 29 CFR Part 98 (Debarment and Suspension Certification and Drug -Free Workplace Certification; 29 CFR Part 93 (Lobbying Certification); 29 CFR Parts 33 and 34 (Nondiscrimination and Equal Opportunity) 29 CFR Part 37 (Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998); OMB Circular A-87 (Cost Principles for State and Local Governments); OMB Circular A-122 (Cost Principles for Non -Profit Organizations); SF 424B (Assurances for Non -Construction Programs); Public Law 106-501 (Older Americans Act Amendments of 2000); and 20 CFR Part 641 (Senior Community Service Employment Program, Final Rule) Exhibit A Page 7 The PROVIDER must also sign the following certifications forms: Debarment and Suspension Certification Certification Regarding Lobbying Drug -Free Workplace Certification and Certification of Non -Delinquency Exhibit A Page 8 COMPENSATION AND PAYMENT SCHEDULE Compensation and Method of Payment. Subject to the continuing availability of Federal funds, as set forth in paragraph 1 of the Special Conditions, the STATE agrees to pay the PROVIDER, for services satisfactorily performed under this Agreement, a sum not to exceed Two Hundred Eighty Four Thousand Two Hundred Thirty Six Dollars ($284,236.00) , which sum is allocated for the purpose of this Agreement as set forth in the Budget attached hereto as Attachment 3, which by this reference is made a part hereof. Such payments shall include all of the PROVIDER's services, materials, supplies, equipment, overhead, taxes, and other incidentals and operating expenses of the PROVIDER for this Agreement that are in accord with the Cost Principles for Purchases of Health and Human Services and applicable federal cost principles listed in OMB Circulars A-87, A-21, A-110 and A-122. The PROVIDER further agrees that no additional fees for services shall be charged to eligible participants for services provided under the term of this Agreement unless otherwise permitted in writing by the STATE and that the inability of the participant to pay the additional fees shall not he used as the basis for non -participation of the participant who is otherwise qualified and eligible. 2. Payments shall be made to the PROVIDER in advance monthly installments, upon submission by the PROVIDER of written requests for payment based on the Standards for Cash ManagemenUDrawdowns in the SCSEP FMM. 3. After the initial payment, subsequent written requests for payment shall be preceded by the monthly fiscal and quarterly program progress reports required under this Agreement. The STATE shall review these reports to determine the preliminary appropriateness and allowability of the reported expenditures for which payment has been requested. The STATE's preliminary determination of appropriateness and allowability of the reported expenditures shall be subject to later verification and subsequent monitoring or audit. 4. The STATE will make payments to the PROVIDER in accordance with the amounts specified in Attachment 3 for actual expenses incurred in the performance of this Agreement. Payments will be made only upon presentation of invoices and fiscal reports submitted by the PROVIDER, certifying, to the satisfaction of the STATE, that the work has been performed in accordance with this Agreement and payment is requested. If the amount of reported expenditures is preliminarily determined by the STATE to be inappropriate and unallowable, the STATE may deduct an equivalent amount from the next payable installment due and may withhold payment of the amount of monies equivalent to the questioned expenditures until later resolution of the discrepancy by audit or other means. If, after payment of the last installment, investigation and examination reveal additional expenditures that are determined by the STATE to be inappropriate and allowable, the STATE may Exhibit B Page 1 require an equivalent amount of monies refunded to the STATE notwithstanding the STATE's preliminary determination of appropriateness and allowability. 6. This Agreement constitutes approval for the expenditures of funds for specific items in the budget referred to in Attachment 3. Except as provided below, the PROVIDER may make revisions between the budgeted line items within the total budget of the program, provided that the funds are used for allowable costs of the program and do not exceed 5% or $2500.00 of the budgeted line item, whichever is more. Revisions to the line item budget of more than 5% or $2500, whichever is greater, must be submitted as an Agreement modification request and be approved by the STATE prior to the expenditure of funds. Items requiring prior STATE approval include: Object cost categories that are not included in the original budget and any increase in personnel, equipment, out-of-state travel, and consultant/contract service categories. Where applicable, the PROVIDER certifies that the service unit of payment under this Agreement is not greater than the rate the PROVIDER charges to any other public or private agency or individual, for comparable services. 8. At a minimum, no less than 75% of the federal funds allocated for this project shall be expended for Participant Wages and Fringe Benefits. 9. Of the total funds allocated to the PROVIDER for services and activities under this Agreement, the total administrative costs expended under this Agreement shall not exceed the administrative cost limit imposed by the STATE. 10. The effective date of this Agreement is the date the United States Department of Labor Grant Officer executes the Notice of Obligation/Award providing the STATE funding authority to operate the Senior Community Service Employment Program for Program Year 2005, or the date of execution of this Agreement by the STATE, whichever is later. Funds allocated to the PROVIDER under this Agreement shall be available for expenditure from the effective date of this Agreement through June 30, 2006, unless the Agreement is extended. Funds which are not expended by the PROVIDER at the end of the Agreement or the end of any extension of this Agreement, must be returned to the STATE. Exhibit B Page 2 N/A PROVIDER'S 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; 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 boards, 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. (Section 84-3, HRS). On behalf of declare as follows: PROVIDER, the undersigned does PROVIDER ❑ is* ❑ is not a legislator or an employee or a business in which a legislator or an employee has a controlling interest. (Section 84-15(a), HRS). PROVIDER has not been represented or assisted personally in the matter by an individual who has been an employee of the agency awarding this Contract within the preceding two years and who participated while so employed in the matter with which the Contract is directly concerned. (Section 84-15(b), HRS). PROVIDER 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 this Contract, if the legislator or employee had been involved in the development or award of the Contract. (Section 84-14 (d), HRS). PROVIDER has not been represented 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, and participated while an employee or legislator on matters related to this Contract. (Sections 84-18(b) and (c), HRS). Reminder to agency: if the "is" block is checked and if the Contract involves goods or services of a value in excess of S10,000, the Contract may not be awarded unless the agency posts a notice of its intent to award it and files a copy of the notice with the State Ethics Commission. (Section 84-15(a), HRS). EXHIBIT C 811751 Page 1 Revised 2/04 PROVIDER understands that the Contract to which this 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 maybe recovered by the STATE. DATED: Honolulu, Hawaii, PROVIDER By (signature) Print Name Print Title Name of Provider Date EXHIBIT C Page 2 8117512 Revised 1/04 GENERAL CONDITIONS 1. Representations and Conditions Precedent 1.1 Agreement Subject to the Availability of State and Federal Funds. 1.1.1 State Funds. This Agreement is, at all times, subject to the appropriation of state funds, and may be terminated without liability to either the PROVIDER or the STATE in the event that state funds are not appropriated or available. 1.1.2 Federal Funds. To the extent that this Agreement is funded partly or wholly by federal funds, this Agreement is subject to the availability of such federal funds. The portion of this Agreement that is to be funded federally shall be deemed severable, and such federally funded portion may be terminated without liability to either the PROVIDER or the STATE in the event that federal funds are_ not available. In any case, this Agreement shall not be construed to obligate the STATE to expend state funds to cover any shortfall created by the unavailability of anticipated federal funds. 1.2 Representations of the PROVIDER. As a necessary condition to the formation of this Agreement, the PROVIDER makes the representations contained in this paragraph, and the STATE relies upon such representations as a material inducement to entering into this Agreement. 1.2.1 Compliance with Laws. As of the date of this Agreement, the PROVIDER complies with all federal, state, and county laws, ordinances, codes, rules, and regulations, as the same may be amended from time to time, that in any way affect the PROVIDER's performance of this Agreement. 1.2.2 Licensing and Accreditation. As of the date of this Agreement, the PROVIDER holds all licenses and accreditations required under applicable federal, state, and county laws, ordinances, codes and rules to provide the Required Services under this Agreement. 1.3 Compliance with Laws. The PROVIDER shall comply with all federal, state, and county laws, ordinances, codes, rules, and regulations, as the same may be amended from time to time, that in any way affect the PROVIDER's performance of this Agreement, including but not limited to the laws specifically enumerated in this paragraph: Exhibit "D' GENERAL CONDITIONS Page 1 Form AG3-HHSGC(4/99) 1.3.1 Smoking Policy. The PROVIDER shall implement and maintain a written smoking policy as required by Chapter 328K, Hawai'i Revised Statutes, or its successor provision. 1.3.2 Drug Free Work Place. The PROVIDER shall implement and maintain a drug free work place as required by the Drug Free Workplace Act of 1988, or its successor. 1.3.3 Persons with Disabilities. The PROVIDER shall implement and maintain all practices, policies, and procedures required by federal, state, or county law, including but not limited to the Americans with Disabilities Act (42 U.S.C. §12101, et m.), and the Rehabilitation Act (20 U.S.C. §701, et 1.3.4 Nondiscrimination. No person performing work under this Agreement, including any subcontractor, employee, or agent of the PROVIDER, shall engage in any discrimination that is prohibited by any applicable federal, state, or county law. 1.4 Insurance. The PROVIDER shall obtain, maintain, and keep in force throughout the period of this Agreement liability insurance (the "liability Insurance") issued by an insurance company in a combined amount of at least ONE MILLION AND N0/100 DOLLARS ($1,000,000.00), or such lesser amount requested in writing by the PROVIDER and, for good cause shown, approved by the head of the purchasing agency, which approval, if any, is incorporated herein by reference, for bodily injury and property damage liability arising out of each occurrence. The Liability Insurance shall provide that it is the primary insurance for the State of Hawai'i, the purchasing agency, and their officers, employees, and agents for any liability arising out of or resulting from occurrences connected with the PROVIDER's performance under this Agreement. Prior to or upon execution of this Agreement, the PROVIDER shall obtain a certificate of insurance verifying the existence of the necessary liability insurance coverage, including the coverage of the State of Hawaii, and its officers, employees, and agents. If the scheduled expiration date of the liability insurance policy is earlier than the expiration date of the time for performance under this Agreement, the PROVIDER, upon renewal of the policy, shall promptly cause to be provided to the STATE an updated certificate of insurance. The certificates of insurance shall expressly provide that the insurance policy shall not be cancelled unless the insurance company has first given to the STATE thirty (30) calendar days' written notice of the intended cancellation. Exhibit "D" GENERAL CONDITIONS Page 2 Form AG3-HHSGC(4/99) 1.5 Notice to Clients. Provided that the term of this Agreement is at least one year in duration, within ONE HUNDRED AND EIGHTY (180) days after the effective date of this Agreement, the PROVIDER shaft create written procedures for the orderly termination of services to any clients receiving the Required Services under this Agreement, and for the transition to services supplied by another provider upon termination of this Agreement, regardless of the circumstances of such termination. These procedures shall include, at the minimum, timely notice to such clients of the termination of this Agreement, and appropriate counseling. - 1.6 Reporting Requirements. The PROVIDER shall submit a Final Project Report to the STATE containing the information specified in Exhibit "B" to this Agreement if applicable, or otherwise satisfactory to the STATE, documenting the PROVIDER's overall efforts toward meeting the requirements of this Agreement, and listing expenditures actually incurred in the performance of this Agreement. The PROVIDER shall return any unexpended funds to the STATE. 1.7 Conflicts of Interest. In addition to the Certification provided in Exhibit "C" to this Agreement, the PROVIDER represents that neither the PROVIDER, nor any employee or agent of the PROVIDER, presently has any interest, and promises that no such interest, direct or indirect, shall be acquired, that would or might conflict in any manner or degree with the PROVIDER's performance under this Agreement. 1.8 Compliance with Managed Process. If this Agreement was entered into between July 20, 1998, aand July 1, 2001, and extends beyond June 30, 2001, it is subject to a single review pursuant to the managed process developed pursuant to part III, section 6 of Act 230, 1998 Haw. Sess. Laws 785, 787. Pursuant to the managed process review, this Agreement may be cancelled, renegotiated, continued, or extended by the State. 2. Documents and Files 2.1 Confidentiality of Material. 2.1.1 All material given to or made available to the PROVIDER by virtue of this Agreement that is identified as proprietary or confidential information shall be safeguarded by the PROVIDER and shall not be disclosed to any individual or organization without the prior written approval of the STATE. Exhibit "D" GENERAL CONDITIONS Page 3 Form AG3-HHSGC(4199) 2.1.2 All information, data, or other material provided by the PROVIDER to the STATE shall be subject to the Uniform Information Practices Act, chapter 92F, HRS, or its successor, and any other applicable body of law concerning information practices or confidentiality. 2.2 OwnershiQRights and Colrvright. The STATE shall have complete ownership of all material, both finished and unfinished that is developed, prepared, assembled, or conceived by the PROVIDER pursuant to this Agreement, and all such material shall be considered 'works made for hire." All such material shall be delivered to the STATE upon expiration or termination of this Agreement. The STATE, in its sole discretion, shall have the exclusive right to copyright any product, concept, or material developed, prepared, assembled, or conceived by the PROVIDER pursuant to this Agreement. 2.3 Records Retention. The PROVIDER and any subcontractors shall maintain the books and records that relate to the Agreement, and any cost or pricing data for three (3) years from the date of final payment under the Agreement. In the event that any litigation, claim, investigation, audit, or other action involving the records retained under this provision arises, then such records shall be retained for three (3) years from the date of final payment, or the date of the resolution of the action, which ever occurs later. During the period that records are retained under this section, the PROVIDER and any subcontractors shall allow the STATE flee and unrestricted access to such records. 3. Relationship between Parties 3.1 Coordination of Services by the STATE. The head of the purchasing agency, (which term includes the designee of the head of the purchasing agency), shall coordinate the services to be provided by the PROVIDER in order to complete the performance required in the Agreement. The PROVIDER shall maintain communications with the bead of the purchasing agency at all stages of the PROVIDER's work, and submit to the bead of the purchasing agency for resolution any questions which may arise as to the performance of this Agreement. 3.2 Subcontracts and Assignments. The PROVIDER may assign or subcontract any of the PROVIDER's duties, obligations, or interests under this Agreement, but only if (i) the PROVIDER obtains the prior written consent of the STATE and (ii) the PROVIDER's assignee or subcontractor submits to the STATE a tax clearance certificate from the Director of Taxation, State of Hawai'i, showing that all delinquent taxes, if any, levied or accrued under Exhibit "D" GENERAL CONDITIONS Page 4 Form AG3-HHSGC(4199) state law against the PROVIDER's assignee or subcontractor have been paid. Additionally, no assignment by the PROVIDER of the PROVIDER's right to compensation under this Agreement shall be effective unless and until the assignment is approved by the Comptroller of the State of Hawai'i, as provided in section 40-58, HRS, or its successor provision. 3.3 Change of name. When the PROVIDER asks to change the name in which it holds this Agreement with the STATE, the procurement officer of the purchasing agency (hereinafter referred- to as the "Agency Procurement Officer") shall, upon receipt of a document acceptable or satisfactory to the Agency Procurement Officer indicating such change of name such as an amendment to the PROVIDER's articles of incorporation, enter into an amendment to this Agreement with the PROVIDER to effect the change of name. Such amendment to this Agreement changing the PROVIDER's name shall specifically indicate that no other terms and conditions of this Agreement are thereby changed, unless the change of name amendment is incorporated with a modification or amendment to the Agreement under Section 4.1 of these general conditions. 3.4 Independent Contractor Status and Responsibilities, Including Tax Reslonsibilities. 3.4.1 In the performance of services required under this Agreement, the PROVIDER is an "independent contractor," with the authority and responsibility to control and direct the performance and details of the work and services required under this Agreement; however, the STATE shall have a general right to inspect work in progress to determine whether, in the STATE's opinion, the services are being performed by the PROVIDER in compliance with this Agreement. 3.4.2 Unless otherwise provided by special condition, the STATE shall be free to contract with other individuals and entities to provide services similar to those performed by the Provider under this Agreement, and the PROVIDER shall be free to contract to provide services to other individuals or entities while under contract with the STATE. 3.4.3 The PROVIDER and the PROVIDER's employees and agents are not by reason of this Agreement, agents or employees of the State for any purpose. The PROVIDER and the PROVIDER's employees and agents shall not be entitled to claim or receive from the State any vacation, sick leave, retirement, workers' compensation, unemployment insurance, or other benefits provided to state employees. Unless Exhibit "D" GENERAL CONDITIONS Page 5 Form AG3-HHSGC(4/99) specifically authorized in writing by the DIRECTOR, the PROVIDER and the PROVIDER's employees and agents are not authorized to speak on behalf and no statement or admission made by the PROVIDER or the PROVIDER's employees or agents shall be attributed to the STATE, unless specifically adopted by the DIRECTOR in writing. 3.4.4 The PROVIDER shall be responsible for the accuracy, completeness, and adequacy of the PROVIDER's performance under this Agreement. Furthermore, the PROVIDER intentionally, voluntarily, and knowingly assumes the sole and entire liability to the PROVIDER's employees and agents, and to any individual not a party to this Agreement, for all loss, damage, or injury caused by the PROVIDER, or the PROVIDER's employees or agents in the course of their employment. 3.4.5 The PROVIDER shall be responsible for payment of all applicable federal, state, and county taxes and fees which may become due and owing by the PROVIDER by reason of this Agreement, including but not limited to (i) income taxes, (ii) employment related fees, assessments, and taxes, and (iii) general excise taxes. The PROVIDER also is responsible for obtaining all licenses, permits, and certificates that may be required in order to perform this Agreement. 3.4.6 The PROVIDER shall obtain a general excise tax license from the Department of Taxation, State of Hawai'i, in accordance with section 237-9, HRS, or its successor provision, and shall comply with all requirements thereof. The PROVIDER shall obtain a tax clearance certificate from the Director of Taxation, State of Hawai'i, showing that all delinquent taxes, if any, levied or accrued under state law against the PROVIDER have been paid and submit the same to the STATE prior to commencing any performance under this Agreement. The PROVIDER shall also be solely responsible for meeting all requirementsnecessary to obtain the tax clearance certificate required for final payment under sections 103-53 and 237-45, HRS, or their successor provisions, and these General Conditions. 3.4.7 The PROVIDER is responsible for securing all employee -related insurance coverage for the PROVIDER and the PROVIDER's employees and agents that is or may be required by law, and for payment of all premiums, costs, and other liabilities associated with securing the insurance coverage. Exhibit "D" GENERAL CONDITIONS Page 6 Form AG3-HHSGC(4/99) 3.5 Personnel Requirements. 3.5.1 The PROVIDER shall secure, at the PROVIDER's own expense, all personnel required to perform this Agreement, unless otherwise provided in this Agreement. 3.5.2 The PROVIDER shall ensure that the PROVIDER's employees or agents are experienced and fully qualified to engage in the activities and perform the services required under this Agreement, and that all applicable licensing and operating requirements imposed or required under federal, state, or county law, and all applicable accreditation and other standards of quality generally accepted in the field of the activities of such employees and agents are complied with and satisfied. 4. Modification and Termination of Agreement 4.1 Modifications of Agreement. 4.1.1 In writing. Any modification, alteration, amendment, change, or extension of any term, provision, or condition of this Agreement permitted by this Agreement shall be made by written amendment to this Agreement, signed by the PROVIDER and the STATE. 4.1.2 No oral modification. No oral modification, alteration, amendment, change, or extension of any term, provision or condition of this Agreement shall be permitted. 4.1.3 Tax clearance. The STATE may, at its discretion, require the PROVIDER to submit to the STATE, prior to the STATE's approval of any modification, alteration, amendment, change, or extension of any term, provision, or condition of this Agreement, a tax clearance from the Director of Taxation, State of Hawai'i, showing that all delinquent taxes, if any, levied or accrued under state law against the PROVIDER have been paid. 4.2 Termination in General. This Agreement may be terminated in whole or in part for a reduction in funds available to pay the PROVIDER, or when, in its sole discretion, the STATE determines (i) that there has been a change in the conditions upon which the need for the Required Services was based, (ii) that the PROVIDER has failed to provide the Required Services adequately or satisfactorily, or (iii) that other good cause for the whole or partial termination of this Agreement exists. Termination under this section shall be Exhibit "D" GENERAL CONDITIONS Page 7 Form AG3-HHSGC(4199) made by a written notice sent to the PROVIDER ten (10) worldng days prior to the termination date that includes a brief statement of the reason for the termination. 4.3 Termination for Necessity or Convenience. If the STATE determines, in its sole discretion, that it is necessary or convenient, this Agreement may be terminated in whole or in part at the option of the STATE upon ten (10) working days' written notice to the PROVIDER. If the STATE elects to terminate under this section, the PROVIDER shall be entitled to reasonable payment as determined by the STATE for satisfactory services rendered under this Agreement up to the time of termination. If the STATE elects to terminate under this section, the PROVIDER shall cooperate with the STATE to effect an orderly transition of services to clients. 4.4 Termination by Contractor. The PROVIDER may withdraw from this Agreement after obtaining the written consent of the STATE. The STATE, upon the PROVIDER's withdrawal, shall determine whether payment is due to the PROVIDER, and the amount that is due. If the STATE elects to terminate under this section, the PROVIDER shall cooperate with the STATE to effect an orderly transition of services to clients. 4.5 State's Rigbt of Offset. The STATE may offset against any monies or other obligations the STATE owes to the PROVIDER under this Agreement, any amounts owed to the State of Hawaii by the PROVIDER under this Agreement, or any other agreement, or pursuant to any law or other obligation owed to the State of Hawai'i by the PROVIDER, including but not limited to the payment of any taxes or levies of any kind or nature. The STATE shall notify the PROVIDER in writing of any exercise of its right of offset and the nature and amount of such offset. For purposes of this paragraph, amounts owed to the State of Hawai'i shall not include debts or obligations which have been liquidated by agreement with the PROVIDER, and that are covered by an installment payment or other settlement plan approved by the State of Hawai'i, provided, however, that the PROVIDER shall be entitled to such exclusion only to the extent that the PROVIDER is current, and in compliance with, and not delinquent on, any payments, obligations, or duties owed to the State of Hawai'i under such payment or other settlement plan. 5. Indemnification 5.1 Indemnification and Defense. The PROVIDER shall defend, indemnify, and bold harmless the State of Hawai'i, the contracting agency, and their officers, Exhibit "D" GENERAL CONDITIONS Page 8 Fam AG3-HHSGC(4199) employees, and agents from and against all liability, loss, damage, cost, and expense, including all attorneys' fees, and all claims, suits, and demands therefor, arising out of or resulting from the acts or omissions of the PROVIDER or the PROVIDER's employees, officers, agents, or subcontractors under this Agreement. The provisions of this paragraph shall remain in full force and effect notwithstanding the expiration or early termination of this Agreement. 5.2 Cost of Litigation. In case the STATE shall, without any fault on its part, be made a party to any litigation commenced by or against the PROVIDER in connection with this Agreement, the PROVIDER shall pay all costs and expenses incurred by or imposed on the STATE, including attorneys' fees. 6. Miscellaneous Provisions 6.1 Nondiscrimination. No person performing work under this Agreement, including any subcontractor, employee, or agent of the PROVIDER, shall engage in any discrimination that is prohibited by any applicable federal, state, or county law. 6.2 Publicity. Any and all publicity that the PROVIDER may undertake in connection with the Required Services, shall be subject to the limitations of Section 3.4.3 of these General Conditions, and the requirements of this section: 6.2.1 Acknowledgment of State Support. Subject to the limitations of Section 3.4.3 of these General Conditions, the PROVIDER shall, in all news releases, public statements, announcements, broadcasts, posters, programs, computer postings, and other printed, published, or electronically disseminated materials relating to the PROVIDER's performance under this Agreement, acknowledge the support by the State of Hawai'i and the purchasing agency through appropriations made by the Legislature of the State of Hawaii. 6.2.2 The PROVIDER shall not refer to the STATE, or any office, agency, or officer thereof, or any State employee, including the head of the purchasing agency, the chief procurement officer, the DIRECTOR, the Agency procurement officer, or to the services or goods, or both, provided under this Agreement, in any of the PROVIDER's publicity not related to the PROVIDER's performance under this Agreement, including but not limited to commercial advertisements, recruiting materials, and solicitations for charitable donations. Exhibit "D' GENERAL CONDITIONS Page 9 Farm AG3-HHSGC(4199) 6.3 Section Headings. The section headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They shall not be to define, limit or extend the scope or intent of the sections to which they pertain. 6.4 Antitrust Claims. The STATE and the PROVIDER recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the PROVIDER hereby assigns to STATE any and all claims for overcharges as to goods and materials purchased in connection with this Agreement, except as to overcharges which result from violations commencing after the price is established under this Agreement and which are not passed on to the STATE under an escalation clause. 6.5 Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties to this Agreement, shall be governed by the laws of the State of Hawai'i. Any action at law or in equity to enforce or interpret the provisions of this Agreement shall be brought in a state court of competent jurisdiction in Honolulu, Hawai'i. 6.6 Conflict between General Conditions and Procurement Rules. In the event of a conflict between the General Conditions and the Procurement Rules or a Procurement Directive, the Procurement Rules or any Procurement Directive in effect on the date this Agreement became effective shall control and are hereby incorporated by reference. 6.7 Entire Agreement. This Agreement sets forth all of the agreements, conditions, understandings, promises, warranties, and representations between the STATE and the PROVIDER relative to this Agreement. This Agreement supersedes all prior agreements, conditions, understandings, promises, warranties, and representations, which shall have no further force or effect. There are no agreements, conditions, understandings, promises, warranties, or representations, oral or written, express or implied, between the STATE and the PROVIDER other than as set forth or as referred to herein. 6.8 Severability. In the event that any provision of this Agreement is declared invalid or unenforceable by a court, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms of this Agreement. 6.9 Waiver. The failure of the STATE to insist upon the strict compliance with any term, provision, or condition of this Agreement shall not constitute or be Exhibit "D` GENERAL CONDITIONS Page 10 Form AG3-HHSGC(4199) deemed to constitute a waiver or relinquishment of the STATE's right to enforce the same in accordance with this Agreement. The fact that the STATE specifically refers to one provision of the Procurement Rules or one section of the Hawai'i Revised Statutes, and does not include other provisions or statutory sections in this Agreement shall not constitute a waiver or relinquishment of the STATE's rights or the PROVIDER's obligations under the Procurement Rules or statutes. 6.10 Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one instrument. Exhibit "D" GENERAL CONDITIONS Page 11 Form A03-HHSGC(4199) SPECIAL CONDITIONS 1. AVAILABILITY OF FEDERAL FUNDS: THIS AGREEMENT BECOMES VALID, BINDING, AND ENFORCEABLE ONLY WHEN THE STATE RECEIVES A NOTICE OF OBLIGATION/AWARD FROM THE U.S. DEPARTMENT OF LABOR PROVIDING THE STATE FUNDING AUTHORITY TO OPERATE PROGRAMS UNDER TITLE V OF THE OLDER AMERICANS ACT (SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM) FOR THE GRANT PERIOD BEGINNING JULY 1, 2005 THROUGH JUNE 30, 2006. WHEN THIS AGREEMENT BECOMES VALID, BINDING AND ENFORCEABLE, THIS AGREEMENT IS EFFECTIVE AS OF JULY 1, 2005 OR THE DATE OF EXECUTION OF THIS AGREEMENT BY THE DIRECTOR OF LABOR AND INDUSTRIAL RELATIONS, WHICHEVER IS LATER. 2. Failure to Deliver: The inability of the PROVIDER to provide the necessary personnel shall not be an acceptable reason for failure to complete the services required. Failure to complete any part of the services contained in Exhibit A, Scope of Services, shall be deemed to be a total failure to deliver services, entitling the STATE to terminate this Agreement. The service shall not be deemed delivered or performance completed, until all elements of each service are delivered and/or completed and accepted by the STATE. 3. Access to Records: In addition to the requirements stated in Item 2.3 of the General Conditions, when receiving federal funds under this Agreement, the PROVIDER shall comply with all regulations and requirements of the U.S. Department of Labor and complete all required forms and documents. The PROVIDER shall allow full access to records, reports, files, and other documents by Federal representatives directly connected with the program area or their duly authorized representatives so the program, management and fiscal practices of the project may be monitored. County Agency Exhibit E Page 1 4. Publicity: In addition to the requirements stated in Item 6.2 of the General Conditions, when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, the PROVIDER shall clearly state 1) the percentage of the total costs of the program or project which will be financed with federal money, 2) the dollar amount of federal funds for the project or program, and 3) the percentage and dollar amounts of the total costs of the project or program that will be financed by non-governmental sources. The PROVIDER shall also inform the STATE of all media contacts about the subject matter of this Agreement. 5. Subcontracts and Assignments: In addition to the requirements stated in Item 3.2 of the General Conditions, the PROVIDER shall apply the same standards of program reporting to any assignee or subcontractor. The PROVIDER shall also insure that the PROVIDER's assignee or subcontractor does not engage in discrimination that is prohibited by any applicable federal, state, or county law. Prior to draw down of funds by subcontractors, the subcontractor's budget documents may be reviewed by the STATE. 6. Termination of Agreement: In addition to the requirements stated in Item 4.3 of the General Conditions, if this Agreement is terminated, all funds not obligated prior to the date of termination held by the PROVIDER, under this Agreement shall be immediately returned to the STATE. 7. Modification of Agreement: In addition to the requirements stated in Item 4.1 of the General Conditions, no amendment, modification, alteration, change or extension of any term, provision, or condition of this Agreement may be made during the last quarter of the Agreement, unless the STATE initiates or consents to the request for an amendment, modification, alteration, change or extension of any term, provision, or condition of this Agreement. The failure to execute the modification of Agreement in accordance with this Agreement nullifies the proposed modification. 8. Fiscal Liability: The PROVIDER shall assume for the U.S. Department of Labor and the STATE, financial and fiscal liability for the proper administration of funds received pursuant to the Older Americans Act. The PROVIDER agrees to reimburse the STATE from non-federal funds for any funds under this Agreement which are determined by the STATE or the U.S. Department of Labor to be disallowed or improperly spent by the PROVIDER. Exhibit E Page 2 9. Program Income: The PROVIDER may utilize the "addition method", (as set forth in OMB Circulars A-87, A-21, A-110, and A-122), if any program income is generated throughout the duration of this Agreement. The PROVIDER is allowed to deduct the costs incident to generating program income to arrive at the net program income. 10. Equipment: The PROVIDER must request prior approval from the STATE to purchase equipment with a unit cost of $250 or more and a useful life of one year or more. Upon termination of this Agreement, the PROVIDER shall arrange for the transfer to the STATE, all equipment purchased through funds from Title V of the Older Americans Act. To the extent possible, all equipment and products purchased with funds made available under this Agreement should be American made. 11. Deletion of Portions of the Agreement: For the purposes of the Agreement to which this Exhibit E is attached, paragraph 5 of the Agreement, "Standards of Conduct Declaration", together with the STANDARDS OF CONDUCT DECLARATION, Exhibit C, are deleted and the parties agree that paragraph 5 of the Agreement and Exhibit C are not operative. 12. Non -applicable Sections of the General Conditions (Exhibit D): For the purpose of this Agreement, the following sections of Exhibit D - General Conditions, shall not be applicable: Item 1.4 Item 3.4.6 Item 4.1.3 13. Final Reports: In addition to the requirements stated in Item 1.6 of the General Conditions, the PROVIDER shall submit a completed closeout package within sixty (60) days after the termination of the Agreement containing the following documents as instructed in the SCSEP FMM: A. Final Subcontractor's Invoice and Final Expenditure Register B. Subgrantee's Release C. Subgrantee's Assignment of Refunds, Rebates and Credits D. Inventory Certification and Inventory Lists Exhibit E Page 3 Attachment 1 Service Specifications RFP # LBR 11102-1 (SCSEP) 5) Assessment/Evaluation: In-depth interviewing, testing, and observations which provide an examination of the capabilities, needs and vocational potential of participants: Such assessment shall be done at enrollment and at least once a year thereafter. All appropriate information shall be recorded. 6) Service Planning: Developing a comprehensive individual case management plan that reflects the enrollee's employment goal(s), appropriate achievement objectives, supportive service needs, sequence of services and timetable for attaining goals. 7) Supportive Counseling: Providing emotional support and employment counseling services to registered enrollees. 8) Information and Referral: Providing information and referring applicants/enrollees to other appropriate resources. 9) Community Service Assignments: Developing appropriate community service opportunities and placement of enrollees into community service assignments that will contribute to the general welfare of the community and/or provide services to the elderly. The community service assignment shall permit the most effective use of each enrollee's skills, interests, and aptitudes. Each enrollee's community service assignment shall not exceed 1,300 hours per program year (July I to June 30) including paid hours of orientation, training, sick leave and vacation leave, if applicable. 10) Host Agency Agreements: Providing an orientation to public or nonprofit facilities/projects that are willing to become host agencies to enrollees in the provision of their community service assignments. Developing worksite agreements with each host agency to ensure that enrollees receive adequate orientation and instruction during their community service assignment. Such (Effective 1025/02) 2-10 Service Specifications RFP # LBR 11102-1 (SCSEP) orientation and instruction should provide the enrollees with a clear understanding of their job responsibilities and enable them to perform as productive and effective workers. The host agency agreement should clearly specify the rights and responsibilities of the host agency. 11) .Training Activities: Providing classroom training in preparation for community service assignments as well as during community service assignment. Such training should be consistent with the enrollee's service plan and should permit enrollees to acquire or improve skills applicable to their community service assignment or placement into unsubsidized employment. Paid training should not exceed 500 hours during the program year (July.l to June 30). 12) Supportive Services: Providing supportive services that will alleviate the enrollee's barriers and which will allow successful participation in the program and transition into unsubsidized employment. 13) Job Development and Placement Services: Providing labor market information; individual and/or group job search skills training; and referral and placement services through the development of unsubsidized job opportunities that fits an enrollee's skills and interests. Providing follow-up services to assure that both employer and enrollee are satisfied with the placement. 14) Reassessment/Follow-Up: Regular review and adjustment of service plans to reflect the progress made and/or the continuing needs of the enrollee. 15) Termination: Terminating enrollees based on the agency's established policies and procedures. (Effective 10/25/02) 2-11 Service Specifications RFP # LBR 11102-1 (SCSEP) B. Management Requirements (Minimum and/or mandatory requirements) In addition to complying with the Administrative Requirements listed in Administrative Overview (Section 1), as well as the General and Special Conditions (See Section 5 -Attachments), the applicant must be able to satisfactorily comply with the following management requirements: 1. Personnel The Provider must have sufficient staff to administer and operate the proposed program. At a minimum, the agency must have staff capable of performing in the following capacities: a. Program Administration: Overall administration of all aspects of program management including the development and implementation of all program services and activities, the compliance with federal/state statutes and regulations, the accurate and timely submission of program and fiscal data and reports and the appropriate expenditures of funds. b. Staff Supervision: Oversight and approval of al] actions of line staff in their dealings with program participants, host agencies and/or service providers. c. Case Management: Provision of case management services to program participants, including the assessment of participant's skills, knowledge, abilities; the identification of barriers to employment; the referral to supportive services and the development of a service plan for each participant. d. Employment Counseling/Job Development: Provision of vocational counseling and support, referral to appropriate basic skills/literacy training, occupational skills training, work experience training, on-the-job training, and job search skills training. The development of appropriate job openings, and placement assistance. e. Fiscal Support: Overall administration of all aspects of fiscal management, including the proper allocation of funds, and the preparation and maintenance of accurate financial records and reports. The minimum qualifications for individuals in the above capacity are: 1) graduation from an accredited college or university 2) a minimum of at least twelve months of experience in employment and training or related fields and 3) an understanding of the needs of older individuals. (Effective 10/25/02) 2-12 Service Specifications RFP# LBR 11102-1 (SCSEP) Progressively responsible administrative, professional, technical, analytical, or investigative work experience may be substituted for education on a year-to-year basis. 2. Administrative a. Case Recordation, Data Collection, and Reporting The Provider must have computer access and capability to record and submit participant and program data in accordance with established policies and guidelines. In addition, the Provider must retain records that are sufficient to trace funds to a level of expenditure which ensures that the funds have been properly spent. b. Audit The Provider must conduct an independent audit according to the policies and guidelines of the Office of Management and Budget Circular A-133 and 29 CFR Part 96 -Single Audit Act. C. Grievance Procedures The Provider must establish and maintain grievance procedure for grievances and complaints about its program and activities from participants, subgrantees, subcontractors, and other interested parties. d. Coordination and Linkages The Provider must develop linkages and coordinate service with appropriate agencies and training facilities including the local workforce investment boards and One -Stop entities in the area of service to insure participants receive necessary services without the duplication of effort and expense. SCSEP is a mandated partner of the One -Stop delivery system established under the Workforce Investment Act and should develop a memorandum of understanding stating how program services/activities will be coordinated with the One -Stop. e. Standard Operating Procedures The Provider must establish and implement standardized policies and procedures for the provision of services to the target population. (Effective 10/25/02) 2-13 Service Specifications RFP# LBR 11102- 1 (SCSEP) f. No Additional Fees The Provider must agree that project services and activities will be provided at no additional charge to eligible participants unless otherwise permitted in writing by the Director of Labor and Industrial Relations. In any event, the inability of a participant to pay the additional fees shall not be used as the basis for non - participation of the participant who is otherwise qualified and eligible. g. Over-enrollment/Temporary Positions Should attrition or funding adjustments prevent project fimds to be fully utilized, the Provider shall develop a system that allows the utilization of temporary enrollees when the anticipated number of enrollees to be placed in community service positions exceeds the number of authorized positions. h. Political Patronage and Activities The Provider must ensure that the selection of enrollees, service providers and/or host agencies shall not be based on political affiliations or beliefs. The Provider shall also ensure that no enrollee or staff person engages in partisan or nonpartisan political activities during the hours for which they are paid with SCSEP funds. Nepotism The Provider shall develop policies to ensure that neither they nor one of their host agencies may be a worksite for a person who works in an administrative capacity, staff position, or community service position funded through this Agreement if a member that person's immediate family is engaged in a decision-making capacity (whether compensated or not) for the project or host agency- j. gency j. Maintenance of Effort The Provider shall ensure that program enrollees shall not be used to displace other employed workers, including a partial displacement, workers on layoff, or private contracts. (Effective 1025/02) 2-14 Service Specifications RFP# LBR 111 02-1(SCSEP) 3. Quality Assurance and Evaluation The Provider shall establish procedures for the monitoring of grant management, program management, and financial management of the program. The procedures shall include on-site and desk reviews which assess the following: • Overall compliance with contract terms • Degree to which performance targets are being met • Achievement of project goals • Accuracy and completeness of the documentation in case records and fiscal files • Adherence to standard operating procedures and personnel rules and practices • Assessment of the effectiveness and efficiency of the program including an analysis of its performance, impact, program design and administration. • Sound administrative and financial management practices. 4. Output and performanceloutcome measurements The U.S. Department of Labor (USDOL) is in the process of revising the regulations for SCSEP. The draft revised regulations are scheduled to be published by the end of 2002. These draft regulations will then be subject to comments before they become finalized. Due to this process, the output and performance/outcome measurements listed below are subject to change. The following is based on the current information we have received: a Outputs: At a minimum, the project shall measure the following outputs: 1) Number of Participants to be Served including: Number of individuals who are low income (i.e. below poverty level) Number of individuals with multiple barriers to employment Number of individual over the age of 60, (Effective 1025/02) 2-15 Service Specifications RFP# LBR 11102. 1 (SCSEP) 2) Types of Community Service Assignments and Total Number of Community Service Hours provided, 3) Number of enrollees placed into unsubsidized employment, 4) Retention: Number of individuals who are still employed in an unsubsidized position six months after placement, 5) Increase in Earnings: The average wage at placement into unsubsidized employment compared to the enrollee's wages while on SCSEP. 6) Entered Employment Rate of Terminees: The total number of individuals who enter into unsubsidized employment in comparison to the total number of individuals who are terminated from the program for reasons other than health reasons, and 'n Any additional indicators of performance requested by the Secretary of Labor. b. Performance Measures — The Provider must meet the Performance Measures established by the Secretary of Labor in consultation with the State, host agencies, area agencies on aging, and other organizations serving older individuals. The current performance measures include but are not limited to: 1) Maximum Utilization of Slot Levels: The Provider should strive to provide services to 400/9 more enrollees than the established slot level for the service delivery area. 2) Placement into Unsubsidized Employment: The Provider must place enrollees into unsubsidized employment at a rate not less than 20% of the service area's established slot level. ( In order to be counted as a placement into unsubsidized employment, the placement shall meet the following criteria: 1) The placement must be confirmed, as still employed after 30 calendar days; 2) There must be an intent by the employer for the job to last 90 days at the time of placement; 3) The enrollee must be better -off economically than when he/she was under SCSEP; and 4) Employment must occur within 90 days (Effective 1025/02) 2-16 Service Specifications RFP# LBR 11102-1 (SCSEP) after termination and the placement must be attributable to SCSEP.) 3) Effective Utilization of Funds: The program shall effectively and appropriately expend not less than 90% of the funds available by the end of the grant period. 4) Community Service Assignments: At least half of the community service assignments shall be utilized in positions serving the needs of the elderly. C. Sanctions for Failure to Achieve Performance Measures: If the Provider fails to achieve the established performance standards in the first year of the Agreement, the Provider shall, no later than 90 days after the end of the program year, submit to the State a corrective action plan to resolve such poor performance. If the Provider continues to fail to achieve the required performance standards for two years, the State may reduce the funds allocated by 25%. If the Provider fails to achieve the required performance measures for three consecutive years, they may not be awarded a new Agreement. d. Contingency Plan: The Provider shall provide to the State a Contingency Plan that they agree to implement to ensure minimal disruption of services to the Provider's enrollees should the Provider lose some or all of their SCSEP slots. Such plan shall be submitted no later than 45 days after the start of the Agreement. The Contingency Plan shall include, but is not limited to, the following: 1) How and when the participants will be notified; 2) If appropriate, what records will be turned over to the new operator; 3) What efforts will be made to place program participants into other employment and training opportunities; 4) What other services will be provided to ease the transition; and 5) How will the final payroll payments be made. 5. Reporting requirements for program and fiscal data In order that the State may monitor the contractor's compliance with the Agreement and attainment with performance goals, the Provider shall submit written monthly fiscal and quarterly program progress reports to the State. Program progress reports shall consist of statements by the Provider relating to the work accomplished during the reporting period and (Effective 1025/02) 2-17 Service Specifications RFP # LBR 111 02-1(SCSEP) shall include a statement of the nature of work performed, including actual performance measures, activity levels, and target group indicators, identification of persons served by the Provider during the reporting period, identification of any immediate problems encountered and any recommendations deemed pertinent by the Provider. The current reporting requirements are: Quarterly Progress Reports and the Summary of Terminations are due within ten (10) calendar days after the end of each quarter. Quarterly Review Reports are due twenty five (25) calendar days after the end of each quarter. SCSEP Expenditure Register and Subcontractor's Invoice shall be submitted within twenty (20) days after the end of each month. Sample reporting forms are included in Section 5 - Attachments. These reporting forms may be revised based on changes to the outcome/performance measures developed by the USDOL. USDOL will also be developing a mechanism to measure satisfaction of enrollees, employers, and host agencies with the services they have been provided through the program. The Provider shall also submit a completed closeout package within sixty (60) days after the termination of the Agreement containing the documents listed below: a. Copy of Final Subcontractor's Invoice; b. Subgrantee's Release Form; C. Subgrantee's Assignment of Refunds, Rebates and Credits; d. Final (Closeout) Inventory Statement; e. Bank Statement -Special Bank/Financial Account; L List of possible claimants for unclaimed checks cancelled or payments stopped; g. Refund check (with breakdown statement) to include: 1) Unliquidated advance payments 2) Aggregate of unclaimed wages/other outstanding checks; 3) Interest earned or owed on government funds; 4) Worker's Compensation/other insurance; and 5) Other refunds. h. Subgrant Closeout Tax Clearance Certification; and i. Other documents as required. 6. Pricing or pricing methodology to he used Pricing structure shall be based on a cost reimbursement basis. 7. Units of service and unit rate Not applicable (Effective 10/25/02) 2-18 Service Specifications