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HomeMy WebLinkAboutCOM 0082.077 2004-2006Harry Kim Mayor DATE: We County of Hawaii OFFICE OF AGING Hilo Lagoon Centre, 101 Aupuni Street, Suite 342, Hilo, Hawaii 96720-4262 Phone (808) 961-8600 • Fu(808)961-8603 Hanama Place, 75-5706 Kuakini Highway, Suite 106, Kailua-Kona, Hawai'i 96740-1751 Phone(808)327-3597 • Fax(808)327-3599 August 28, 2006 Stacy K. Higa, Council Chair and Council Members VIA: Deanna o, yntroller �✓ FROM: Alan Parker, Mxecutive on Aging RE: NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 06-79, 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: bj i cc: Parks & Recreation Alan R. Parker Executive on Aging CSE Chore Services State of Hawaii, Department of Human Services Hawaii County Office of Aging DHS -06 -POS -3139 $69,126.00 $ -0- #3304.50 #010-481-5481.01 to 5481.02 July 1, 2006 to June 30, 2007 To provide chore services to adults eighteen years of age or older who are unable to perform chore activities because of physical or mental disabilities. []Yes ❑ No ® Yes ❑ No Comm. No. Ref. To: Ref. Gate OCT3 Hmra,', County is an equal opportump provider and employer. An Area Agency on Aging (� EXHIBIT B J JMPENSATION AND PAYMENT SCHEDULE FIXED RATE PRICING 1. Sum Not to Exceed. Subject to continuing availability of State and federal funds, STATE agrees to pay PROVIDER for services satisfactorily performed under this Agreement a sum based on the payment rate per unit of service set forth below multiplied by the number of units delivered provided that the total sum shall not exceed: This sum shall be allocated as follows for the specified fiscal year(s): PROVIDER shall equally distribute the total funding for FYs 2006 through 2008 between the East Hawaii and West Hawaii locations. PROVIDER shall have a maximum funding amount of $20,163.00 per location for FY 2006 and a maximum funding amount of $34,563.00 per location for each subsequent fiscal year of the Agreement. PROVIDER must obtain prior written approval from STATE before adjusting the funding between East Hawaii and West Hawaii. Per Section 2, part I.E. of the RFP in Exhibit "A" -- Attachment 2 of this Agreement, funding for any given year or for the contract as a whole may increase up to 300% of the original amount without being considered a fundamental change according to §3-149-303(d) of Hawaii Administrative Rules. Increases are subject to availability of funds, program utilization, and satisfactory performance. 2. STATE Payment. The State shall have thirty (30) calendar days after satisfactory delivery of goods or the performance of services to make payment. For this reason, STATE will not recognize any requirement established by PROVIDER which requires payment within a shorter period, or interest payment, if any, not in conformance with statute unless agreed upon herein. Additional Obligation. No subcontract shall be deemed in any way to provide for the encumbrance of any additional obligation of STATE other than the contract cost as specified in Agreement. 4. No Additional Fees. PROVIDER agrees that no additional fees for services shall be charged to eligible recipients for services provided under the terms of this Agreement unless Exhibit `B" Compensation and Payment Schedule — Fixed Rate FY 2006 FY 2007 FY 2008 State Funds $40,326.00 $69,126.00 $69,126.00 Federal Funds -0- -0- -0- (CFDA #) N/A N/A N/A. Contract Total 1 $40,326.00 1 $69,126.00 1 $69,126.00 PROVIDER shall equally distribute the total funding for FYs 2006 through 2008 between the East Hawaii and West Hawaii locations. PROVIDER shall have a maximum funding amount of $20,163.00 per location for FY 2006 and a maximum funding amount of $34,563.00 per location for each subsequent fiscal year of the Agreement. PROVIDER must obtain prior written approval from STATE before adjusting the funding between East Hawaii and West Hawaii. Per Section 2, part I.E. of the RFP in Exhibit "A" -- Attachment 2 of this Agreement, funding for any given year or for the contract as a whole may increase up to 300% of the original amount without being considered a fundamental change according to §3-149-303(d) of Hawaii Administrative Rules. Increases are subject to availability of funds, program utilization, and satisfactory performance. 2. STATE Payment. The State shall have thirty (30) calendar days after satisfactory delivery of goods or the performance of services to make payment. For this reason, STATE will not recognize any requirement established by PROVIDER which requires payment within a shorter period, or interest payment, if any, not in conformance with statute unless agreed upon herein. Additional Obligation. No subcontract shall be deemed in any way to provide for the encumbrance of any additional obligation of STATE other than the contract cost as specified in Agreement. 4. No Additional Fees. PROVIDER agrees that no additional fees for services shall be charged to eligible recipients for services provided under the terms of this Agreement unless Exhibit `B" Compensation and Payment Schedule — Fixed Rate at STATE OF HAWAII SUPPLEMENTAL AGREEMENT NO._� TO AGREEMENT nxs_nf-Pos-�1 49 (Insert agreement number or liner idendtAng intormabon) This Supplemental Agreement N6. 1 , executed on the respective dates indicated below, is effective as of ,lulu 1 , 2oQQ.,. between the Department of Human Services . State (Insert name of stab depertment. agency. boant or c0nvn =N of Hawaii (hereinafter "STATE'), by its Director (Innen lith or Me o3gor esecuwv ogreemen whose address is 1390 Miller Street, Room 209, Honolulu, Hawaii 96813 and Hawaii County Office of Aging (hereinafter 'CONTRACTOR'), a eovernment entity (Insert corporation.' pvtnership., land venture,' YOM proprietorship.' or Ww bgal harm o/ the Contrealad under the laws of the State of Hawaii , whose business address and taxpayer identification number are as follows: 101 Auouni Street, 6A, Hilo, Hawaii 96720 P A rat TD 44:99-600567 State ID 11:30016002 A. WHEREAS, the STATE and the CONTRACTOR entered into an Agreement DHS-06—POS-3139 (Insert agreement number or other iden*m inhumation) Adult Chore Services — Big ISland dated pprember 1 , 2005 , which was amended by Supplemental Agreement No(s). AG -Supp (11/98) N/A dated NSA (hereinafter collectively referred to as "Agreement") whereby the CONTRACTOR agreed to -provide the goods or services described in the Agreement, and B. WHEREAS, the parties now desire to amend the Agreement, NOW, THEREFORE, the STATE, and the CONTRACTOR mutually agree to amend the Agreement as follows: (Check applicable box(es)) ❑ Amend the SCOPE OF SERVICES according to the terms set forth in Attachment S1, which is attached hereto and is incorporated herein. 0 Amend the TIME OF PERFORMANCE -according to the terms set forth irl Attachment S2, which is attached hereto and is incorporated herein. ❑ Amend the COMPENSATION AND PAYMENT SCHEDULE according to the terms set forth in Attachment S3, which is attached hereto and is incorporated herein. ❑ Amend the SPECIAL CONDITIONS according to the terms -set forth in the Supplemental Special Conditions, which is attached hereto and incorporated herein. A tax clearance certificate from the State of Hawaii O is ® is not required to be submitted to the STATE prior to commencing any performance under this Supplemental Agreement. A tax clearance certificate from the Internal Revenue Service O is ® is not required to be submitted to the STATE prior to commencing any performance under this Supplemental Agreement. Unless amended herein, the Agreement shall remain in full force and effect. AG -Supp (11/98) IN VIEW OF THE ABOVE, the STATE and the CONTRACTOR execute this Supplemental Agreement No. L by their• signatures on the dates below. STATE: By � Print Name Lillian B. Koller.Eso, Title Director Date JUN 1 6 2006 FUNDING AGENCY (to be signed by head o1 funding agency N other than the Contracting Agency) .By Print No �TiUe Date CO TRACTOR: 'RE DIM Print Name KuTsu ZZI Title Manag'mg �irec�t ADate JUN 0 2 ?006 OCo--- --1-•, Evidence of .uN0Fr7r Of n» cona.aors rsp.ma.tN. to sign Nis SuPPwmsnW Agffl.m.nt must b..f ChIRL APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGALITY: Certification Attached DEP CORPORATION COUNSEL Deputy Attorney General D°e ry Wl 204- AG -Supp )11 /98) STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this 2nd day of June 2006, 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. a"QaR��j7, ALS- +�� �T A Qy�, CATHV. CORREIA t1 Notary Public, State of Hawaii rte"' • ` pv $,--� -' My commission expires: 10/13/06 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, off=ices, the University -of Hawaii, and all independent commissions and other establishments of the state government but excluding the courts. "Controlling interest means an interest in a business or other undertaking which is sufficient in fad 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. On behalf of County of Hawaii, Office of Aging CONTRACTOR, the undersigned does declare as follows: t. CONTRACTOR 0 is 13 is not a legislator or an employee or a business in which a legislator or an employee has a controlling interest.' l 2- CONTRACTOR has not been assisted or represented by a legislator or employee for a fee or other compensation to obtain this Supplemental Agreement and will not be assisted or represented by a legislator or employee for a fee or other compensation in the performance of the Supplemental Agreement, if the legislator or employee had been involved in the development or award of the Supplemental Agreement• 3. CONTRACTOR has not been assisted or represented for a fee or other compensation in the award of this Supplemental Agreement by an Agency employee or, in the case of the Legislature, by a legislator. 4. CONTRACTOR has not been represented or assisted personally on matters related to the Supplemental Agreement by a person who has been an employee of the Agency within the preceding two (2) years and who participated while in state office or .employment on the. matter with which the Supplemental Agreement is directly concerned. 5_ CONTRACTOR has not been represented or assisted on matters related to this Supplemental Agreement, for a fee or other consideration by an'in`dividual-who, within, the past twelve (12) months, has been an Agency employee, or in the case of the Legislature, a legislator. 6. CONTRACTOR has not been represented or assisted in the award of this Supplemental Agreement for a fee or other consideration by an individual who, a) within Ac-suMli jm) the past twelve (12) months, served as an Agency employee or in the case of the Legislature, a legislator, and b) participated while an employee or legislator on matters related to this Supplemental Agreement. CONTRACTOR understands that the Supplemental Agreement to which this document is attached is voidable on behalf of the STATE if this Supplemental Agreement was entered into in violation of any provision of chapter 84. HRS, commonly referred to as the Code of Ethics, including the provisions which are the source of the declarations above. Additionally, any fee, compensation, gift, or profit received by any person as a result of a violation of the Code of Ethics may be recovered by the STATE. DATED: Hawaii, W006 . CONTRACTOR Title Mmwaine n-=� 'Reminder to Agency: If `is' is checked, the Agency is required, under section 84-15. HRS, to file with the State Ethics Commission, ten (10) days before the Supplemental.Agreemem is entered into, a written justification as to why the Supplemental Agreement was not required to be competitively bid. AG -Supp ti i,-gn CERTIFICATE OF EXEMPTION FROM CIVIL SERVICE By Heads of Departments or Agencies as Delegated by the Director of Human Resources Development (a.) pursuant to a delegation of the authority by the Director of Human Resources Development, I certify that the services provided under this Contract, and the person(s}providing the services. under this Contract are exempt from the civil service, pursuant to §76-16, Hawaii Revised Statutes (HRS) - (Signature) Lillian B. Koller (Prinr Name) Director (Print Title) (Date) JUN 16 2006 a This page of this two-pagcd certificate may be used by all department beads and others to whom the Director of Human Resources Development has delegated authority to certify §76-16, HRS, civil service exemptions.. The specific paragraph(s) of §76-16, HRS, upon which an exemption is based should be noted in the contract file. NOTE: if authority to certify exemptions under §§76-16(2), 76-16(3), 76-16(12), and 76-16(15), HRS, has not been delegated, orily the Director of DHRD may certify §§76- 16(2), 76-16(3), 76-16(12), and 76-16(15) exemptions. AG/SPD FORM -K(1)(10101) Adult Chore Services -Hawaii County Office of Aging Contract ll; DHS -06 -POS -3139 Supplement 111 CERTIFICATION OF CHAPTER 103F AGREEMENT WHEN NEW AGREEMENT IS SUBSTANTIALLY SWZAR TO PRIOR AGREEMENT The undersigned agency officer or employee declares: 1. The agency has had during the immediately preceding year a Chapter 103F agreement with the same recipient or provider, the scope of services and. other terms and conditions of which are substantially the same as those of the new agreemem 2. I am not currently aware of any reason why the new agreement should not be entered into with the provider or recipient, as the case may be. " 3. Unless deleted or modified by the earlier agreement, all of the General Conditions 'for Health and Human Services Contracts, Form AG3 BHSGC (4/99), will apply to the new agreement. 4. No new Special Conditions will apply to the new agreement. 5. The Scope of Services of the new agreement will not conflict with or vary any material term of the proposal received from the recipient or provider for the agreement 6. The earlier agreement was approved as to farm ..by a deputy attorney general or preapproved pursuant to the terms set forth in this Interdepartmental Memorandum. DATED: Honolulu, Hawaii, F" AGENCY: Department of Human Services By. (Certifying tune) Marquis Miyauchi (Print or Type Namb of Certifying Signature) Its: Support Services Office Administrate (Title of Certifying Signature) The completion of this certificate in compliance with ATTORNEY GENERAL'S INTERDEPARTMENTAL MEMORANDUM NO. 1999-05 constitutes approval as to the form of the attached contract by the Department of the Attorney General without further review. Attachment S2 Supplemental Agreement No.1 Contract No. DHS -06 -POS -3139 TIME OF PERFORMANCE The time of performance is extended from the current termination date of: June 30, 2006 to the new termination date of: June 30, 2007 as allowed in the document(s) checked below: X Section 2 of the Request for Proposals. X Exhibit "E" of the original contract. X §3-149-301 of Hawaii Administrative Rules regarding the extension of existing contracts during a procurement process under Chapter 103F, HRS. §3-141-503(a)(2) of Hawaii Administrative Rules regarding exemptions from procurement procedures for grants and subsidies.