HomeMy WebLinkAboutCOM 0082.076 2004-2006Harry Kim
Mayor
DATE:
TO:
VIA:
FROM:
RE:
County of Hawaii
OFFICE OF AGING
Hilo Lagoon Centre, 101 Aupuni Street, Suite 342, Hilo, Hawaii 96720-4262
Phone(808)961-8600 • Fax(808)961-8603
Hanama Place, 75-5706 Kuakini Highway, Suite 106, Kailua-Kona, Hawai'i 96740-1751
Phone(808)327-3597 • Fax(908)327-3599
August 28, 2006
Stacy K. Higa, Council Chair and Council Members
Deanna ko, 94ntroller
Alan Parker, ecutive on Aging
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:
30
cc: Parks & Recreation
l�
Alan R. Parker
Executive on Aging
Elder Abuse Contract
Department of Health, Executive Office on Aging
Hawaii County Office of Aging
Item F-34, Act 178, 2005 HSL 452
$50,372.00
$ 0.00
#3304.06
#3304.06 & #010-411-5411.09 to 10
July 1, 2006 to June 30, 2007
To provide the subsidized part-time employment opportunities to
individuals fifty-five years of age or older.
® Yes [:]No
® Yes F� No
Comm. No. 2
Ref. To:
Ref, Dofe
Han at'i Comay is an equal opportunity provider and employer. An Area Agency on Aging
E ae V
aT �,cy� y�
STATE OF HAWAII
CONTRACT FOR GOODS AND SERVICES
(IN THE FOLLOWING CATEGORIES: EXEMPT; SMALL PURCHASE;
SOLE SOURCE; OR EMERGENCY)
This Contract, executed on the respective dates indicated below, is effective as of
June 28 2006 , between Department of Health, Executive Office on Aging
(insert name ofstatedepanment. agency, boordor commission)
State of Hawaii ("STATE"), by its Executive Director, Executive Office on Aging
(Insert title ofperson signing for Stale)
(hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee ("HOPA"))`
whose address is 250 South Hotel Street, Suite 406, Honolulu, Hawaii 96813
and County of Hawaii, by and through its County Council and its Mayor
("CONTRACTOR"), a local government entity
(Insert corporation, partnership, join! venture, sole praprielorship. Or other legal form ofthe Contractor)
under the laws of the State of Hawaii whose business address and federal
and state taxpayer identification numbers areas follows: 101 Aupuni Street, Room 342,
Hilo. Hawaii 96793: Federal I.D. #99-6000567
RECITALS
A. The STATE is in need of the goods and services, or both, described in this
Contract and its attachments. The CONTRACTOR is agreeable to providing the goods and services,
or both, as the case may be.
B. This Contract is for (check one box):
N (1) A procurement expenditure of public funds for goods or services,
or both, that is otherwise exempt from public bidding as set forth in section 10313-102, Hawaii
Revised Statutes ("HRS"), and chapter 3-120, Hawaii Administrative Rules ("HAR"); or
; or
❑ (2) A small purchase procurement of goods or services, or both, as set forth
in section 103D-305, HRS, and subchapter 8, chapter 3-122, HAR; or
❑ (3) A sole source procurement of goods or services, or both, as set forth
in section 103D-306, HRS, and subchapter 9, chapter 3-122, HAR; or
❑ (4) An emergency procurement of goods or services, or both, as set forth
in section 103D-307, HRS, and subchapter 10, chapter 3-122, HAR.
C. Money is available to fund this Contract pursuant to:
(1) Item F-34, Act 178, 2005 HSL 452.
(Idents state sources)
or (2)
adent fy federal sources)
or both, in the following amounts`. State $ 50,372.00
Federal $
D. Pursuant to Section 349-3, HRS the STATE
(Legal authority to enter into this Contract)
is authorized to enter into this Contract.
E. The agency's Chief Procurement Officer is Aaron Fujioka
who ❑ has approved this procurement or ® is not required to approve this procurement.
. . NOW, THEREFORE, in consideration of the promises contained in this Contract, the
STATE and the CONTRACTOR agree as follows:
1. Scope of Services. The CONTRACTOR shall, in a proper and satisfactory
manner as determined by the STATE, provide all the goods or services, or both, set forth in Attachment -
S 1, which is made a part of this Contract.
1
AG -002 Rev 11/15/2005
2. Coma ation. The CONTRACTOR shall i compensated for goods
supplied or services performed, or both, under this Contract in a total amount not to exceed
FIFTY THOUSAND THREE HUNDRED SEVENTY- TWO AND N011 00 DOLLARS
($ 50,372.00 ), including approved costs incurred and taxes, according to the Compensation and
Payment Schedule set forth in Attachment -S2, which is made a part of this Contract.
3. Time of Performance. The services or goods required of the CONTRACTOR
under this Contract shall be performed and completed in accordance with the Time of Perfomance set
forth in Attachment -S3, which is made a part of this Contract.
4. Bonds. The CONTRACTOR ❑ is required to provide or ❑ is not required to
provide: ❑ a performance bond, El a payment bond, ❑ a performance and payment bond in the
amount of N/A DOLLARS ($ }.
5. Standards of Conduct Declaration. The Standards of Conduct Declaration of the
CONTRACTOR is attached to and made a part of this Contract.
6. Other Terms and Conditions. The General Conditions and any Special
Conditions are attached to and made a part of this Contract. In the event of a conflict between the
General Conditions and the Special Conditions, the Special Conditions shall control.
7. Liquidated Damages. Liquidated damages shall be assessed in the amount of
N/A DOLLARS
($ ) per day, in accordance with the, terms of paragraph 9 of the General Conditions.
8. Notices. Any written notice required to be given by any party to'this Contract
shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid. Notice to
the STATE shall be sent to the HOPA'S address indicated in the Contract. Notice to the
CONTRACTOR shall be sent to the CONTRACTOR'S address indicated in the Contract. A notice shall
be deemed to have been received.three (3) days after mailing or at the time of actual receipt, whichever
is earlier. The CONTRACTOR is responsible for notifying the STATE in writing of any change of
address.
IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on the
dates below, to be effective as of the date first above written.
STATE
APPROVED AS TO
FORM AND LEGALITY:
PE U Y CORPORATION COUNSEL
cokfNTY 01WI 2006'
Pate
CORPORATE SEAL
RECOMMEND APPROVAL
Exec, on &ging
Date:
APPROVED AS TO FORM:
(signature)
Pat Sasaki
(Print Name)
Executive Director, Executive Office on Aging
(Print Title)
CONTRACTOR
(Name gfCantroctor)
isLWKAUSU
(Print Name)
Managing Director
(Print Title)
JUN 0 2 2006
(Date)
Deputy Attorney General
Evidence of authority of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR inust be attached.
2
AG -002 Rev 11/15/2005
GENERAL CONDITIONS
Table of Contents
Pae s
1.
Coordination of Services by the STATE...................................................................................................:..:..2
2.
Relationship of Parties: Independent Contractor Status and Responsibilities, including Tax ....................::....
Responsibilities...............................................:..................................................................................:......_....2
3.
Personnel Requirements....................:.....:.............................................................................................:...:....3
4.
Nondiscrimination.....:....................................................................................:.......:...........................:...........3
5.
Conflicts of Interest.......................................................................................................................:....:............
3,
6.
Subcontracts and Assignments..............................................................................................................:1........3
7.
Indemnification and Defense..............................:.....................................:............................................,.........4
.
8.
Cost of Litigation.....................................................:...........:....:..................:..................................................:4
9.
Liquidated Damages............................................................................................................................:...........4
10.
STATE'S Right of Offset................................................................................................................................4
.
11..
Disputes., ..........................................................................................................:....................:.................:.......4.
12.
Suspension of Contract.................................................:.........................................:......................................:.4
13.
Termination for Default................................................................:..................................................................
5
14.
Termination for Convenience..........................................................................................................................6
15.
Claims Based on the Agency Procurement Officer's Actions or Omissions...................................................7
16.
Costs and Expenses .................................... :...............................................................
:................................ _ 8
17.
Payment Procedures; Final Payment; Tax Clearance...................................
_.............................................._.. 9
18.
Federal Funds ........................................ :.................................
:..... ::................................................................ 9
19.
Modifications of Contract......................................:.....................................................................:..................9
20.
Change Order ..................... ............... .............................................................................................:
........... .. 10
21.
Price Adjustment ....... .................................................................
:..........................................................._....... l l
22.
Variation in Quantity for Definite Quantity Contracts.........................................................:...................:.....17
23.
Changes in Cost -Reimbursement Contract..................................................................................................
11
24:
Confidentiality of Material.....................................................................................:......................................12
25.
Publicity ....................:...................................................................................................................................12
26.
Ownership Rights and Copyright_..........................................................................:.........:...........................12
27.
Liens and Warranties...................................................................................................:.................................12
28.
Audit c& Books and Records of the CL'N IR kCT R ......................
............................................................ x2
29.
Cost or Pricing Data......................................................................................:...............................................12
30_
Audit of Cost or Pricing Data.......................................................................................................................13
31.
Records Retention.........................................................................................................................................13
32.
Antitrust Claims............................................................................................................................................13
33.
Patented Articles.................................................................................................:..........................................13
34.
Governing Law...................................................................................................................................:..........13
35.
Compliance with Laws..................................................................................................................................13
36.
Conflict between General Conditions and Procurement Rules
....................................................:...............:.13
37.
Entire Contract..............................................................................................................................................13
:38. Severability ...................................................................................................................................................13
39.
Waiver...........................................................................................................................................................13
.
40.
Pollution Control...........................................................................................................................................14
AG -008 Rev. I 1 52oos
GENERAL CONDITIONS
1: Coordination of Services by the STATE. The head of the purchasing agency("HOPA') (which term includes
the designee of the HOPA) shall coordinate the services to be provided by the CONTRACTOR in order to
complete the performance required in the Contract. The CONTRACTOR shall maintain communications with
HOPA at all stages of the CONTRACTOR'S work, and submit to HOPA for resolution any. questions which
may arise as to the performance of this Contract. "Purchasing agmc,V' es used in tfiese General Conditions
means and includes any governmental bodywhich is authorized underchapter 103D, HRS, or its implementing
rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods or services
or both.
2. Relationship of Parties: Independent Contractor Status and Res_, ponsibilities, Including Tax Responsibilities.
a. In the performance of services required under this Contract, the CONTRACTOR 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 Contract; 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 CONTRACTOR in compliance with this Contract. Unless otherwise provided by
special condition, it is understood that the STATE does not agree to use the CONTRACTOR
exclusively, and that the CONTRACTOR is free to contract to provide services to other individuals or
entities while under contract with the STATE. "
b. The CONTRACTOR and the CONTRACTOR'S employees and -agents are not by reason of this
Contract, agents or employees of the State for any purpose, and the CONTRACTOR and the
CONTRACTOR'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.
C. The CONTRACTOR shall be responsible for -the accuracy, completeness, and adequacy of the
CONTRACTOR'S performance under this Contract. Furthermore, the CONTRACTOR intentionally,
voluntarily, and knowingly assumes the sole and entire liability to the CONTRACTOR'S employees
and agents, and to any individual not a party to this Contract, for all loss, damage, or injury caused by
the CONTRACTOR, or the CONTRACTOR'S employees or agents in the course of their
employment.
d. The CONTRACTOR shall be responsible for payment ofall applicable federal, state, and county taxes
and fees which may become due and owing by the CONTRACTOR by reason of this Contract,
including but not limited to (i) income taxes, (ii) employment related fees, assessments, and takes, and
(iii) general excise taxes. The CONTRACTOR also is responsible for obtaining all licenses, permits,
and certificates that may be required in order to perform this Contract.
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1..-7
I n • i i i� •. • ,P.R�'Jr Ol1��OV�IR4.1�1�101f�1 f•1�RIIIl11,LLV1A
f. The CONTRACTOR is responsible for securing all employee -related insurance coverage for the
CONTRACTOR and the CONTRACTOR'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.
,. — .._..., 2
Personnel Reouirements.
a. The CONTRACTOR shall secure, at the CONTRACTOR'S own expense, all personnel required to
perform this Contract.
b. The CONTRACTOR shall ensure that the CONTRACTOR'S employees or.agents are experienced
and fully qualified to engage in the activities and perform the services required under this Contract,
and that all applicable licensing and operating requirements imposed or required under federal, state,
or county law, and all applicable accreditation and other standazds of qualitygerierallyaccepted in the
field of the activities of such employees and agents are complied with and satisfied.
4. Nondiscrimination. No person performing work under this Contract, including any subcontractor, employee,
or agent of the CONTRACTOR, shall engage in any discrimination that is prohibited by any applicable
federal, state, or county law.
5. Conflicts of Interest. The CONTRACTOR represents that neither the CONTRACTOR, nor any employee or
agent ofthe CONTRACTOR, 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. CONTRACTOR'S
performance under this Contract
6. Subcontracts and Assignments. The CONTRACTOR shall not assign or subcontract any of the
CONTRACTOR'S duties, obligations, or interests under this Contract and no such assignment or subcontract
shall be effective unless (i) the CONTRACTOR obtains the prior written consent of the STATE and (ii) the
CONTRACTOR'S assignee or subcontractor submits to the STATE a tax clearance certificate from the
Director of Taxation, State ofHawaii, showing that all delinquent taxes, ifany, levied or accrued understate
law against the CONTRACTOR'S assignee or subcontractor have been paid. Additionally, no assignment by
the CONTRACTOR of the CONTRACTOR'S right to compensation under this Contract shall be effective
unless and until the assignment is approved by the Comptroller of the State of Hawaii, as provided in section
40-58, IRIS.
a. Recognition of a successor in interest. When in the best interest of the State, a successor in interest
may be recognized in an assignment contract in which the STATE,. the CONTRACTOR and the
assignee or transferee (hereinafter referred to as the "Assignee") agree that:
(1) The Assignee assumes all of the CONTRACTOR'S obligations;
(2) The CONTRACTOR remains liable for all obligations under this Contract but -waives all
rights under this Contract as against the STATE; and
(3) The CONTRACTOR shall continue to furnish, and the Assignee shall also furnish, all
required bonds.
b. Change ofname. When the CONTRACTOR asks to change the name in which it holds this Contract
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: (for example, an amendment to the
CONTRACTOR'S articles of incorporation), enter into an.amendment to this Contract with the
CONTRACTOR to effect such a change of name. The. amendment to this Contract changing the
CONTRACTOR'S name shall specifically indicate that no other terms and conditions of this Contract
are thereby changed.
C. Reports. All assignment contracts and amendments to this Contract effecting changes of the
CONTRACTOR'S name or novations hereunder shall be reported to the chief procurement officer
(CPO) as defined in section 103D -203(a), HRS, within thirty days of the date that the assignment
contract or amendment becomes effective.
d. Actions affecting more than one purchasing agency. Notwithstanding the provisions ofsubparagrapbs
6a through 6c herein, when the CONTRACTOR holds contracts with more than one purchasing
AG -008 Rev. 11/15/2005
i
agency of the State, the assignment contracts and the novation and change ofname amcgdments herein
authorized shall be processed only through the CPO's office.
J -Hawdii, >offimrs, einpdoyces, and agents from and against all liability, im,
9
Cost of Litisation. In case the STATE. shall, without any fault on its part, be made a party to any litigation
commenced by or against the CONTRACTOR in connection with this Contract, the CONTRACTOR shall pay
all costs and expenses incurred by or imposed on the STATE, including attorneys' fees.
10. STATE'S Right of Offset. The STATE may offset against any monies or other obligations the STATE owes to
the CONTRACTOR under this Contract, any amounts owed to the State of Hawaii by the CONTRACTOR
under this Contract or any other contracts, or pursuant to any law or other obligation owed to the State of
Hawaii by the CONTRACTOR, including, without limitation, the payment of any taxes or levies of any kind or
nature. The STATE will notify the CONTRACTOR in writing of any offset and the nature of such offset. For
purposes of this paragraph, amounts owed to the State of Hawaii shall not include debts or obligations which
have been liquidated, agreed to by the CONTRACTOR, and are covered by an installment payment or other
settlement plan approved by the State of Hawaii, provided, however, that the CONTRACTOR shall be entitled
to such exclusion only to the extent that the CONTRACTOR is current with, and not delinquent on, any
payments or obligations owed to the State of Hawaii under such payment or other settlement plan.
11. Disputes. Disputes shall be resolved in accordance with section 103D-703, HRS, and chapter 3-126, Hawaii
Administrative Rules ("HAR"), as the same may be amended from time to time.
12_ SM_,s2 ension of Contract. The STATE reserves the right at any time and for any reason to suspend anis 'Oonuact
for any reasonable period, upon written notice to the CONTRACTOR in accordance with the provisions
herein.
a. Order to stop performance. The Agency procurement officer may, by written order to the
CONTRACTOR, at any time, and without notice to any surety, require the CONTRACTOR to stop all
or any part of the performance called for by this Contract. This order shall be. for a specified period.
not exceeding sixty (60) days after the order is delivered to the CONTRACTOR, unless the parties
agree to any further period. Any such order shall be identified specifically as a stop performance order
issued pursuant to this section. Stop performance orders shall include, as appropriate: (1) A clear
description of the work to be suspended; (2) Instructions as to the issuance of further orders by the
CONTRACTOR for material or services; (3) Guidance as to action to be taken on subcontracts; and
(4) Other instructions and suggestions to the CONTRACTOR for minimizing costs. Upon receipt of
such an order, the CONTRACTOR shall forthwith comply with its terms and suspend all performance
under this Contract at the time stated, provided, however, the CONTRACTOR shall take all
reasonable steps to minimize the occurrence of costs allocable to the performance covered by the order
during the period of performance stoppage. Before the stop performance order expires, or within any
fiuther period to which the parties shall have agreed, the Agency procurement officer shall either:
(1) Cancel the stop perforrnance order; or
AG -008 Pt x.11/15/2003 4
(2) Terminate the performance covered by such order as provided in the termination for default
provision or the termination for convenience provision of this Contract.
b. Cancellation or expiration of the order. If a stop performance order issued under this section is
cancelled at any time during the period specified in the order, or if the period of the order or -any
extension thereof expires, the CONTRACTOR shall have the right to resume performance. An
appropriate adjustment shall be made in the delivery schedule or contract price, or both, and the
Contract shall be modified in writing accordingly, if
(1) The stop performance order results in an increase in the time required for, or in the
CONTRACTOR'S cost properly allocable to, the performance of any part of this Contract,
and
(2) The CONTRACTOR asserts a claim for such an adjustment within thirty (30) day after the
end of the period of performance stoppage; provided that, if the Agency procurement officer
decides that the facts justify such action, any such claim asserted may be received and acted
upon at any time prior to final payment under this Contract.
C. Termination of stopped performance. If a stop performance order is not cancelled and the
performance covered by such order is terminated for default or convenience, the reasonable costs
resulting from the stop performance order shall be allowable by adjustment or otherwise.
d. Adiustment of price. Any adjustment in contract price made pursuant to this paragraph shall be
determined in accordance with the price adjustment provision of this Contract.
13. Termination for Default.
a. Default. If the CONTRACTOR refuses or fails to perform any of the provisions of this Contract with
such diligence as will ensure its completion within the time specified in this Contract, or any extension
thereof, otherwise fails to timely satisfy the Contract provisions, or commits any other substantial
breach of this Contract, the Agency procurement officer may notify the CONTRACTOR in writing of
the delay or non-performance and if not cured in ten (10) days or any longer time specified in writing
by the Agency procurement officer, such officer may terminate the CONTRACTOR'S right to proceed
with the Contract or such part of the Contract as to which there has been delay or a failure to properly
perform. In the event of tennination in whole or in part, the Agency procurement officer may procure
similar goods or services in a manner and upon the terms deemed appropriate by the Agency
procurement officer. The CONTRACTOR shall continue performance of the Contract to the extent it
is not terminated and shall be liable for excess costs incurred in proc•.mm ing similar goods or se— ces.
b. CONTRACTOR'S duties. Notwithstanding termination of the Contract and subject to any directions
from the Agency procurement officer, the CONTRACTOR shall take timely, reasonable, and
necessary action to protect and preserve property in the possession of the CONTRACTOR in which
the STATE has an interest.
C. Compensation. Payment for completed goods and services delivered and accepted by the STATE
shall be at the price set forth in the Contract. Payment for the protection and preservation ofproperty
shall be in an amount agreed upon by the CONTRACTOR and the Agency procurement officer. If the
parties fail to agree, the Agency procurement officer shall set an amount subject to the
CONTRACTOR'S rights under chapter 3-126, HAR. The STATE may withhold from amounts due
the CONTRACTOR such sums as the Agency procurement officer deems to be necessary to protect
the STATE against loss because of outstanding liens or claims and to reimburse the STATE for the
excess costs expected to be incurred by the STATE in procuring similar goods and services.
d. Excuse for nonperformance or delayed performance. The CONTRACTOR shall not be in defaultby
reason of any failure in performance of this Contract in accordance with its terms, including any
failure- by the CONTRACTOR to make progress in the prosecution of the performance hereunder
which endangers such performance, .if the CONTRACTOR has notified the Agency procurement
AG -008 IzzV. 11/15/2005 5
officer within fifteen (1 5) days after the cause of the delay and the failure arises out of causes such as:
acts of God; acts of a public enemy; acts of the State and any other governmental body in its
sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions;'strikes or other
labor disputes; freight embargoes; or unusually severe weather. If the failure to. perform is caused by
the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes
similar to those set forth above, the CONTRACTOR shall not be deemed to be in default, unless the
goods and services to be furnished by the subcontractor were reasonably obtainable from other sources
in sufficient time to permit the CONTRACTOR to meet the requirements of the Contract. Upon
request of the CONTRACTOR, the Agencyprocurement officer shall ascertain the facts and extent of
such failure, and, if such officer determines that any failure to perform was occasioned by any one or
more of the excusable causes, and that, but for the excusable cause, the CONTRACTOR'S progress
and performance would have met the terms of the Contract, the delivery schedule shall be revised
accordingly, subject to the rights of the STATE under this Contract. As used in this paragraph, the
term "subcontractor" means subcontractor at any tier.
e. Erroneous termination for default. If, after notice of termination of the CONTRACTOR'S right to.
proceed under this paragraph, it is determined for any reason that the CONTRACTOR was not in
default under this paragraph, or that the delay was excusable under the provisions of subparagraph
13d, "Excuse for nonperformance or delayed performance," the rights and obligations of the parties
shall be the same as if the notice of termination had been issued pursuant to paragraph 14.
f. Additional ri ghts and remedies. The rights and remedies provided in this paragraph are in addition to
any other rights and remedies provided by law or under this Contract
14. Termination for Convenience.
a. Termination. The Agency procurement officer may, when the interests of the STATE so require,
ie -n i ate this Contract in whole or in part,. for the convenience of the STATE. The Agency
procurement officer shall give written notice of the termination to the CONTRACTOR specifying the
part of the Contract terminated and when termination becomes effective.
b-. CONTRACTOR'S obligations. The CONTRACTOR shall incurno further obligations in connection
with the terminated performance and on the date(s) set in the notice of termination the
CONTRACTOR will stop performance to the extent specified. The CONTRACTOR shall also
terminate outstanding orders and subcontracts as they relate, to the terminated performance. The
CONTRACTOR shall settle the liabilities and claims arising out of the termination of subcontracts
and orders connected with the terminated performance subject to the STATE'S approval. The Agency
procurement officer may direct the CONTRACTOR to assign the CONTRACTOR'S right, title, and
interest under terminated orders or subcoril-Umc3:, to the STATE. The CONTRACTOR must still
complete the performance not terminated by the notice of termination and may incur obligations as
necessary to do so.
C. Right to goods and work product. The Agency procurement officer may require the CONTRACTOR
to transfer title and deliver to the STATE in the manner and to the extent directed by the Agency
procurement officer:
(1) Any completed goods or work product; and
(2) The partially completed goods and materials, parts, tools, dies, jigs, fixtures, plans, drawings,
information, and contract rights (hereinafter called "manufacturing material") as the
CONTRACTOR has specifically produced or specially acquired for the performance of the
terminated part of this Contract.
The CONTRACTOR shall, upon direction of the Agency procurement officer, protect and preserve
property in the possession of the CONTRACTOR in which the STATE has an interest_ If the Agency
procurement officer does not exercise this right, the CONTRACTOR shall use best efforts to sell such
goods and manufacturing materials. Use of this paragraph in no way implies that the STATE has
breached the Contract by exercise of the termination for convenience provision -
AG -008 Rev. 11/152005 6
d. Compensation.
(1) The CONTRACTOR shall submit a termination claim specifying the amounts due because of
the termination for convenience together with the cost or pricing data, submitted to the extent
required by chapter 3-122, HAIL, bearing on such claim. If the CONTRACTOR fails to file a
termination claim within one year from the effective date of termination, the Agency
procurement officer may pay the COYMACTOR, if at all, an amount set in accordance with
subparagraph 14d(3) below.
(2) The Agency procurement officer and the CONTRACTOR may agree to a settlement provided
the CONTRACTOR has filed atermination claim supported bycost orpricing data s ubmitted .
as required and that the settlement does not -exceed the total Contract price plus settlement
costs reduced by payments previously made by the STATE, the proceeds of any sales of
goods and manufacturing materials under subparagraph 14c, and the Contract price of the
performance not terminated.
(3) Absent complete agreement under subparagraph 14d(2) the Agencyprocurement officer shall,
pay the CONTRACTOR the following amounts, provided payments agreed to under.
subparagraph 14d(2) shall not duplicate payments under this subparagraph for the following:
(A) Contract prices for goods or services accepted under the Contract;
(B) Costs incurred in preparing to perform and performing the terminated portion of the.
performance plus a fair and reasonable profit on such portion of the performance,
such profit shall not include anticipatory profit or consequential damages, less
amounts paid or to be paid for accepted goods or services; provided, however, that if
it appears that the CONTRACTOR would have sustained a loss if the entire Contract .
would have been completed, no profit shall be allowed or included and the amount of
compensation shall be reduced to reflect the anticipated rate of loss;
(C) Costs of settling and paying claims arising out of the termination of subcontracts or
orders pursuant to subparagraph 14b. These costs must not include costs paid in
accordance with subparagraph 14d(3)(B);
(D) The reasonable settlement costs of the CONTRACTOR, including accounting, legal,
clerical; and other expenses reasonably necessary for the preparation of settlement
claims and supporting data with respect to the terminated portion of the Cont pa and
for the tcrrnaciation of subcontracts "thereunder, together with reasonable storage,
transportation, and other costs incurred in connection with the protection or
disposition ofproperty allocable to the terminated portion of this Contract. The total
sum to be paid the CONTRACTOR under this subparagraph shall not exceed the
total Contract price plus the reasonable settlement costs of the CONTRACTOR
reduced by the amount of payments otherwise made, the proceeds of any sales of
supplies and manufacturing materials under subparagraph 14d(2), and the contract
price of performance not terminated.
(4) Costs claimed, agreed to, or established under subparagraphs 14d(2) and 14d(3) shall be in
accordance with Chapter 3-123 (Cost Principles) of the Procurement Rules.
15. Claims Based on the Agency Procurement Officer's Actions or Omissions.
a. Changes in stove. If any action or omission on the part of the Agency procurement officer (which
term includes the designee of such officer for purposes of this paragraph 15) requiring performance
changes within the scope of the Contract constitutes the basis for a claimby the CONTRACTOR for
additional compensation, damages, or an extension of time for completion, the CONTRACTOR shall
continue with performance of the Contract in compliance with the directions or 'orders of such
Ac -008 Rev. 11115n005 7
officials, but by so doing, the CONTRACTOR shall not be deemed to have prejudiced any claim for
additional compensation, damages, or an extension of time for completion; provided:
(1) Written notice required. The CONTRACTOR shall give written notice to ,the Agency
.� procurement officer:
(A) Prior to the commencement of the performance involved, if at that time the
_r QQN_TgACTOR knows of the occurrence of such action or omission;
(B) Within thirty (30) days after the CONTRACTOR knows of the occurrence of such
action or omission, if the CONTRACTOR did not have such knowledge prior to the
commencement of the performance; or
(C) Within such further time as may be allowed by the Agency procurement officer in
writing.
(2) Notice content. This notice shall state that the CONTRACTOR regards the act or omission as
a reason which may entitle the CONTRACTOR to additional compensation, damages, or an.
extension of time. The Agency procurement officer, upon receipt of such notice, mayrescind
such action, remedy such omission, or take such other steps as may be deemed advisable in
the discretion of the Agency procurement officer;
(3) Basis must be explained. The notice required by subparagraph I 5a(1) describes as clearly as
practicable at the time the reasons why the CONTRACTOR believes that additional
compensation,' damages, or an extension of time may be remedies to which the
CONTRACTOR is entitled; and
(4) Claim must be justified. The CONTRACTOR must maintain and, upon request, make
available to the Agency procurement officer within a reasonable time, detailed records to the
extent practicable, and other documentation and evidence satisfactory to the STATE,
justifying the claimed additional costs or an extension of time in connection with such
changes.
b. CONTRACTOR not excused. Nothing herein contained, however, shall excuse the CONTRACTOR
from compliance with any rules or laws precluding any state officers and CONTRACTOR from acting
in collusion or bad faith in issuing or performing change orders which are clearly not within the scope
of the Contract.
C. Price adjustment. Any adjustment in the price made pursuani to this paragraph shall be determined in
accordance with the price adjustment provision of this Contract.
16. Costs and Expenses. Any reimbursement due the CONTRACTOR for per them and transportation expenses
under this Contract shall be subject to chapter 3-123 (Cost Principles), HAP, and the following guidelines:
a. Reimbursement for air transportation shall be for actual cost or coach class air faze; whichever is less.
b. Reimbursement for ground transportation costs shall not exceed the actual cost of renting an
intermediate -sized vehicle.
C. Unless prior written approval ofthe HOPA is obtained, reimbursement for subsistence allowance (i -e.,
hotel and meals, etc.) shall not exceed the applicable daily authorized rates for inter -island or
out-of-state travel that are set forth in the current Governor's Executive Order authorizing adjustments
in salaries and benefits for state officers and employees in the executive branch who are excluded from
collective bargaining coverage.
AG -008 Rev. 11/152005 8
17. Payment Procedures; Final Payment Tax Clearance.
a. Original invoices required. All payments under this Contract shall be made only upon submission by
the CONTRACTOR of original invoices specifying the amount due and certifying that services
requested under the Contract have been performed by the CONTRACTOR according to the Contract
b, Subject to available funds. Such payments are subject to availability of funds and allotment by the
Director of Finance in accordance with chapter 37, HRS. Further, all pa;,ments shall be- made ,In.
. _.
accordance with and subject to chapter 40, HRS.
C. Prompt Payment.
(1) Any money, other than retainage, paid to the CONTRACTOR shall be dis ursed to
subcontractors within ten (10) days after receipt of themoney in accordnn with the
terms of the subcontract; provided that the subcontractor has met all the t and
conditions of the subcontract and there are no bona fide disputes; and
(2) Upon final payment to the CONTRACTOR, full payment to the subcontractor;
including retainage, shall be made within tern (10) days after receipt of the money;
provided that there are no bona fide disputes over the subcontr'actor's performance
under the subcontract.
18. Federal Funds. If this Contract is payable in whole or in part from federal funds, CONTRACTOR agrees that,
as to the portion of the compensation under this Contract to be payable from federal funds, the
CONTRACTOR shall be paid only from such funds received from the federal government, and shall not be
paid from any other funds. Failure of the STATE to receive anticipated federal funds shall not be considered a
breach by the STATE or an excuse for nonperformance by the CONTRACTOR-
19.
ONTRACTOR
19. Modifications of Contract.
a. In writing. Any modification, alteration, amendment, change, or extension of any teem provision, or
condition of this Contract permitted by this Contract shall be. made by written amendment to this
Contract, signed by the CONTRACTOR and the STATE, provided that change orders shall be made
in accordance with paragraph 20 herein.
b. No oral modification. No oral modification, alteration, amendment, change, or extension of any term,
provision, or condition of this Contract shall be permitted.
C. Agency procurement officer. By written order, at any time, and without notice to any surety, the
Agency procurement officer may unilaterally order of the CONTRACTOR:
(A) Changes in the work within the scope of the Contract; and
(B) Changes in the time of performance of the Contract that,do not alter the scope of the Contract
work.
d. Adjustments of price or time for performance. If any modification increases or decreases the
CONTRACTOR'S cost of, or'the time required for, performance of any part of the work under this
Contract, an adjustment shall be made and this Contract modified in writing accordingly. Any
adjustment in contract price made pursuant to this clause shall be detemnined, where applicable, in
accordance with the price adjustment clause of this Contract or as negotiated.
Ac -009 P: .1111512005 9
e. Claim barred after final rayment. No claim by the CONTRACTOk for an adj ustment hereunder shall
be allowed if written modification of the Contract is not made prior to final payment under this
Contract.
f. Claims not barred. In the absence of a written contract modification, nothing in this clause shall be
deemed to restrict the CONTRACTOR'S right to pursue a claim under this Contract or for a breach of
contract.
g. CPO approval_ If this is a professional services contract awarded pursuant to section 103D-303 or
10313-304, HRS, any modification, alteration, amendment, change, or extension of any term,
provision, or condition of this Contract which increases the amount payable to the CONTRACTOR by
at least $25,000.00 or ten per cent (10%) of the initial contract price, whichever increase is higher,
must receive the prior approval of the CPO.
h. Tax clearance. The STATE may, at its discretion, require the CONTRACTOR 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 Contract, a tax clearance from the Director of
Taxation, State of Hawaii, showing that all delinquent taxes, if any, levied or accrued under state law
against the CONTRACTOR have been paid.
i. Sole source contracts. Amendments to sole source contracts.that would change the original scope of
the Contract may only be made with the approval of the CPO. Annual renewal of o sole source
contract for services should not be submitted as an amendment.
20. Change Order. TheAgency procurement officer may, by a written order signed only by the STATE, at any
time, and without notice to any surety, and subject to all appropriate adjustments, make changes within the
general scope of this Contract in any one or more of the following:
(1) Drawings, designs, or specifications, if the goods or services to be fumished are to be
specially provided to the STATE in accordance therewith;
(2) Method of delivery; or
(3) Place of delivery.
a. Adiustments of Rn or time for performance. If any change order increases or decreases the
CONTRACTOR'S cost of, or the time required for, performance of any part of the work tinder this
Contract, whether or not changed by the order, an adjustment shall be made and the Contract modified
in writing accordingly. Any adjustment in the Contract price made pursnant to this provision shall be
determined in accordance with the price adjustment provision of this Contract. Failure of the parties
to agree to an adjustment shall not excuse the CONTRACTOR from proceeding with the Contract as
changed, provided that the Agency procurement officer promptly and duly makes the provisional
adjustments in payment or time for performance as maybe reasonable. Byproceeding with the work;
the CONTRACTOR shall not be deemed to have prejudiced any claim for additional compensation, or
any extension of time for completion.
b. Time period for claim. Within ten (10) days after receipt of a written change order under
subparagraph 20a, unless the period is extended by the Agency procurement officer in writing, the
CONTRACTOR shall respond with a claim for an adjustment. The requirement for a timely written
response by CONTRACTOR cannot be waived and shall be a condition precedent to the assertion of a
claim.
c. Claim barred after final payment. No claim by the CONTRACTOR for an adjustment hereunder shall
be allowed if a written response is not given prior to final payment under this Contract.
d. Other claims not barred. In the absence of a change order, nothing in this paragraph 20 shall be
deemed to restrict the CONTRACTOR'S right to pursue a claim under the Contract or for breach of
contract.
AG -008 Rev. 1111512005 10
21. Price Adiustnient.
a. Price adiustment. Any adjustment in the contract price pursuant to a provision in this Contract shall
be made in one or more of the following ways;
(1) By agreement on a fixed price adjustment before commencement of the pertinent performance
or as soon thereafter as practicable;
(2) By unit prices specified in the Contract or subsequently agreed upon;
(3) By the costs attributable. to the event or situation covered by the provision, plus appropriate
profit or fee, all as specified in the Contract or subsequently agreed upon;
(4) In such other manner as the parties may mutually agree; or
(5) In the absence of agreement between the parties, by a unilateral determination by the Agency
procurement officer of the costs attributable to the event or situation covered by the provision,
plus appropriate profit or fee, all as computed by the Agency procurement officer in
accordance with generally accepted accounting principles and applicable sections of chapters
3-123 and 3-126, HAR.
b. Submission of cost or oricine data. The CONTRACTOR shall provide cost or pricing data for any
price adjustments subject to the provisions of chapter 3422, HAR.
22. _ Variation in Quantity for Definite Quantity Contracts. Upon the agreement of the STATE and the
CONTRACTOR, the quantity of goods or services, or both, if a definite quantity is specified in this Contract,
may be increased by a maximum of ten per cent (10%); provided the unit prices will remain the same except
for any price adjustments otherwise applicable; and the Agency procurement officer makes a written
determination that such an increase will either, be more economical than awarding another contract or that it
would not be practical to award another contract.
23. Changes in Cost -Reimbursement Contract. if this Contract is a cost -reimbursement contract, the following
provisions shall apply:
a. The Agency procurement officer may at any time by written order, and without notice to the sureties,
if any, make changes within the general scope of the Contract in any one or more of the following:
(1) Description ofperformance (Attachment 1);
(2) Time of performance (i.e., hours of the day, days of the week, etc.);
(3) Place of performance of services;
(4) Drawings, designs, or specifications when the supplies to be furnished are to be specially
manufactured for the STATE in accordance with the drawings, designs, or specifications;
(5) Method of shipment or packing of supplies; or
(6) Place of delivery.
b. If any change causes an increase or decrease in the estimated cost of, or the time required for
performance of, any part of the performance under this Contract, whether or not changed by the order,
or otherwise affects any other terms and conditions of this Contract, the Agency procurement officer
shall make an equitable adjustment in the (1) estimated cost, delivery or completion schedule, or both;
(2) amount of any fixed fee; and (3) other affected terms and shall modify the Contract accordingly.
Ac-008Pzn 11/1 5P-005 11
c. The CONTRACTOR must assert the CONTRACTOR'S rights to an adjustment under this provision
within thirty (30) days from the day of receipt of the written order. However, if the Agency
procurement officer decides that the facts justify it, the Agency procurement officer may receive and
act upon a proposal submitted before final payment under the Contract.
d. Failure to agree to any adjustment shall be a dispute under paragraph 11 of this Contract. However,
nothing in this provision shall excuse the CONTRACTOR from proceeding with the Contract as
changed.
e. Notwithstanding the .terms and conditions of subparagraphs 23a and 23b, the estimated cost of this
Contract and, if this Contract is incrementally funded, the funds allotted for the performance of this
Contract, shall not be increased or considered to be increased except by specific written modification
of the Contract indicating the new contract estimated cost and, if this contract is incremental] yfunded,
the new amount allotted to the contract.
24. Confidentiality of Material.
a. All material given to or made available to the CONTRACTOR by virtue of this Contract, which is
identified as proprietary or confidential information, will be safeguarded by the CONTRACTOR and
shall not be disclosed to any individual or organization -without the prior written approval of the
STATE.
b. All information, data, or other material provided by the CONTRACTOR to the STATE shall be
subject to the Uniform Information Practices Act, chapter 92F, ;HRS.
25. Publicity. The CONTRACTOR shall not refer to the STATE, or any office, agency, or officer thereof, or any
state employee, including the HOPA, the CPO, the Agency procurement officer, or to the services or goods, or
both, provided under this Contract, in any of the CONTRACTOR'S brochures, advertisements, or other
publicity of the CONTRACTOR. All media contacts with the CONTRACTOR about the subject matter of this
Contract shall be referred to the Agency procurement officer.
26. Ownership Rights and Copyright. The STATE shall have complete ownership of all material, both finished
and unfinished, which is developed, prepared, assembled, or conceived by the CONTRACTOR pursuant to
this Contract, 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 Contract. The STATE, in its sole discretion,
shall have the exclusive right to copyright any product, concept, or material developed, prepared;'assenibled, or
conceived by the CONTRACTOR pursuant to this Contract.
27. Liens and Warranties. Goods provided under this Contract shall be provided fi we of all liens and-pro-vided
together with all applicable warranties, or with the warranties described in the Contract documents, whichever
are greater.
28. Audit of Books and Records of the CONTRACTOR. The STATE may, at reasonable times and places, audit
the books and records of the CONTRACTOR, prospective contractor, subcontractor, or prospective
subcontractor which are related to:
a. I The cost or pricing data, and
b. A state contract, including subcontracts, other than a firm fixed-price contract.
29. Cost or Pricing Data. Cost or pricing data must be submitted to the Agency procurement officer and timely
certified as accurate for contracts over $100,000 unless the contract is for a multiple -term or as otherwise
specified by the Agency procurement officer. Unless otherwise required by the Agency procurement officer,
cost or pricing data submission is not required for contracts awarded pursuant to competitive sealed bid
procedures.
If certified cost or pricing data are subsequently found to have been inaccurate, incomplete, or noncurrent as of
the date stated in the certificate, the STATE is entitled to an adjustment of the contract price, including profit
AG -008 Rev. 111150005 12
or fee, to exclude any significant sum by which the price, including profit or fee, was increased because of the
defective data. It is presumed that overstated cost or pricing data increased the contract price in the amount of
the defect plus related overhead and profit or fee. Therefore, unless there is a clear indication that the defective
data was not used or relied upon, the price will be reduced in such amount.
M. Audit of Cost or Pricing Data. When cost or pricing principles are applicable, the STATE may require an audit
of cost or pricing data.
3I _ Records Retention. The CONTRACTOR and any subcontractors shall maintain the books and recordsthat
relate to the Contract and any cost or pricing data for three (3) years from the date of final payment under the.
Contract
32. Antitrust Claims. The STATE and the CONTRACTOR .recognize that in actual economic ractice,
overcharges resulting from antitrust violations are in fact usually borne by the purchaser. There ore, the
CONTRACTOR hereby assigns to STATE any and all claims for overcharges as to goods and tpateriaie
purchased in connection with this Contract, except as to overcharges which result from violations commencing
after the price is established under this Contract and which are not passed on to the STATE under an escalation
clause.
33. Patented Articles. The CONTRACTOR shall defend, indemnify, and hold harmless the STATE, and its
officers, employees, and agents from and against all liability, loss, damage, cost, and expense, including all
attorneys fees, and all claims, suits, and demands arising out of or resulting from any claims, demands, or
actions by the patent holder for infringement or other improper or unauthorized use of any patented article, .
patented process, or patented appliance in connection with this Contract. The CONTRACTOR shall besolely
responsible for correcting or curing to the satisfaction of the STATE any such infringement or improper or
unauthorized use, including, without limitation: (a) furnishing at no cost'to the STATE a substitute article,
process, or appliance acceptable to the STATE, (b) paying royalties or. other required payments to the patent
holder, (c) obtaining proper authorizations or releases from the patent holder, and (d) -furnishing such security
to or malting such arrangements with the patent holder as may be necessary to correct or cure any such
infringement or improper or unauthorized use.
34. Govemine Law. The validity of this Contract and any of its terms or provisions, as well as the rights and
duties of the parties to this Contract, shall be governed by the laws of the State of Hawaii. Any action at law or
in equity to enforce or interpret the provisions of this Contract shall be brought in a state court of competent
jurisdiction in Honolulu, Hawaii.
35. Compliance with Laws. The CONTRACTOR 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 COMIR A.CTOR'S perform—p-we of t}is Contract.
36. Conflict Between General Conditions and Procurement Rules. In the event of a conflict between the General
Conditions and the procurement rules, the procurement Hiles in effect on the date this Contract became
effective shall control and are hereby incorporated by reference.
37. Entire Contract. This Contract sets forth all of the agreements, conditions, understandings, promises,
warranties, and representations between the STATE and the CONTRACTOR relative to this Contract. This
Contract 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 CONTRACTOR other than as set forth or as referred to herein.
38. Severability. In the event that any provision of this Contract 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
Contract.
39_ Waiver. The failure of the STATE to insist upon the strict compliance with any term, provision, or condition
of this Contract shall not constitute or be deemed to constitute a waiver or relinquishment ofthe STATE'S right
to enforce the same in accordance with this Contract. The fact that the STATE specifically refers to one -
AG -008 Rev. 11/152005 13
provision of the procurement rules or one section of the Hawaii Revised Statutes, and does not include other
provisions or statutory sections in this Contract shall not constitute a waiver or relinquishment of the STATE'S.
rights or the CONTRACTOR'S obligations under the procurement rules or statutes.
40. Pollution Control. If during the performance of this Contract, the CONTRACTOR encounters a "release" or
r
a threatened release of a reportable quantity of a hazardous substance, pollutant; ,
or contaminant.. as
those terms are defined in section 128D-1, HRS, the CONTRACTOR shall immediately notify the STATE and
Y--
-all other appropriate state, county, or federal agencies as required by law. The Contractor --',all twee all
necessary actions, including stopping work to avoid causing, contributing to, or malting worse a release of a
hazardous substance, pollutant, or contaminant, and shall promptly obey any orders th'e'Environmental
Protection Agency or the state Department of Health issues in response to the release. In the event there is an
ensuing cease -work period, and the STATE determines that this Contract requires an adjusts ient of the time for
performance, the Contract shall be modified in writing accordingly. .
AG -009 Rev. 1111512005 I4
STATE OF HAWAII )
) SS.
COUNTY OF HAWAII )
On this 2"d 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.
CATH T. RR IA
Notar ublic, State of Hawaii
C i My commission expires: 10/13/06
_pUpl.�
STATE OF fMWAII
On this
known, to be the person(s)
STATE OF HAWAII
CONTRACTOR'S ACKNOWLEDGMENT
SS.
OF )
day of before me appeare
and to m
crib in and, who, being by me duly sworn, did say that he/she/they is/are
and of
the
CONTRACTOR named in the foregoing in umem, and that he/she/they is/are authorized to sign said
instrument on behalf of the CONTRACT and acknowledges that he/she/they executed said .
instrument as the free act and deed of the CONT CTOR.
(Notary Seal)
Notary Public, Stat
My commission expires:
AG -009 Rev 11/1512005 1
This form is inoperable
STATE OF HAWAII as to government. agencie
CONTRACTOR'S
STANDARDS OF CONDUCT DECLARATION
For the purposes of this declaration:
departments, boards, commissions, committees, bureaus, offices; and all independent
commissions and other establishments of the state government but excludin/nfficie
.
"Controlling interest" means an interest in a business or other undertaking Eicie infact to control, whether the interest is greater or less than fifty per cent (50"Employee" means any nominated, appointed, or elected officer or ema State,including members of boards, commissions, and committees, and employntract tothe State or of the constitutional convention, but excluding legislatos 'to theconstitutional convention, justices, andjudges. (Section 84-3, HRS).
On behalf of TOR, the
undersigned does declare as follows:
1. CONTRACTOR ❑ is ❑ is not a legislator or an employee or a bus' ess in which a legislator
or an employee has a controlling interest. (Section 84-15(a),HRS).
2. CONTRACTOR has not been represented or assisted personally ' the matter by an individual
who has been an employee of the agency awarding this Contra within the preceding two years
and who participated while so employed in the matter w' which the Contract is directly
concerned. (Section 84-15(b), HRS).
3. CONTRACTOR has not been assisted/will
ted y a legislator or employee fora fee or
other compensation to obtain this Contrl t be assisted or represented by a legislator
or employee for a fee or other compenserformance of this Contract, if the legislator
or employee had been involved in the dor award of the Contract. (Section 84-14 (d),
HRS).
4. CONTRACTOR has not been representrs related to this Contract, for a fee or other
consideration by an individual who,wast twelve (12) months, has been an agency
employee, or in the case of the Legis Lure, a legislator, and participated while an employee or
legislator on matters related to this ontract. (Sections 84-18(b) and (c), HRS).
CONTRACTOR understands that the C ntract to which this document is attached is voidable on behalf
of the STATE if this Contract was tered into in violation of any provision of chapter 84, Hawaii
Revised Statutes, commonly referr 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 violatio f the Code of Ethics may be recovered by the STATE.
CONTRACTOR
By
(Signature)
Print Name
Print Title
Name of Contractor
Date
If the "is" block is checked and if the Contract involves goods or services of a value in excess of
proposal under section 103D-303, HRS. Otherwise, the Agency may not award the Contract unless it 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).
AG -010 Rev 11/152005
'44
y ssAttachment - 91
STATE OF HAWAII
SCOPE OF SERVICES
This Contract sets forth the responsibilities and finances between the County of Hawaii
("CONTRACTOR"), and the State of Hawaii Department of Health, Executive Office on Aging
("STATE"), to produce a brochure for ethnic communities about the various forms of elder abuse,
basic crime prevention information, and a guide to eler
physical, financial and social forms of abuse,
abuse community resources. The brochure shall have a pull-out survey enclosed. CONTRACTOR shall
coordinate distribution of the brochure within the immigrant population in the County of Hawaii.
The Contract shall be in effect for the period beginning June 28, 2006 through June 30, 2007.
The CONTRACTOR shall:
Coordinate and implement the Scope of Services and this Contract in consultation with
the STATE.
2. By no later than July 20, 2006, develop a timeline and a working plan for the STATE
that outlines the estimated costs of developing the brochure, translation of the materials, and a timeline
for accompanying distribution and educational sessions.
Submit to the STATE, in advance of production, samples of materials that will be used to
target various groups in the ethnic community. Identify a timeline for production, completion, and
distribution to each of the six districts of Hawaii County: Hilo, Hamakua, Waimea, Koh" Kona, and
Naalehu. Print at least 250 copies for distribution, or more, as needed.
4. Draft a survey to be distributed to members of the ethnic community. The survey shall
be designed to screen potential at risk elders for signs of abuse. At each distribution session, elders will
be encouraged to fill in and return the survey to the CONTRACTOR for the purpose of identifying at
risk of abuse members of said community.
5. Submit the following reports: Quarterly financial report due not later than thirty days
after the end of each calendar quarter. Interim narrative reportwith copy of completed sample brochure,
AG -01I Rev 07728/2005
Attachment - S1
t/ STATE OF HAWAII
SCOPE OF SERVICES
thirty days after the end of second quarter, or December 30, 2006. Final narrative progress report on the
accomplishments and accounting of this Contract, due no later than thirty (30) days after June 30, 2007.
f`.
2
AG -011 Rev 07/282005
t` Attachment — S2
STATE OF HAWAII
COMPENSATION AND PAYMENT SCHEDULE
1. COMPENSATION
Subject to continuing availability of funds, the STATE agrees to pay CONTRACTOR for services
satisfactorily performed under this Contract a sum not to exceed FIFTY THOUSAND THREE
HUNDRED SEVENTY- TWO AND NO/100 DOLLARS ($50,372.00) provided that CONTRAC OR
shall execute a subcontract to perform the activities set forth in Attachment S 1, "Scope of Services."
Payment of this sum shall constitute full and complete compensation for all services, materials, supplies,
equipment, overhead, taxes, and other incidentals and operating expenses that CONTRACTOR or the
Subcontractor incurs in the performance of the Contract.
2. METHOD OF PAYMENT
Subject to the availability of funds, payments to CONTRACTOR under this Contract shall be made in
advance upon submission by CONTRACTOR of written request for payment. Upon execution of the
Contract with Awarded Subcontractor, and upon CONTRACTOR's submission of written request for
payment, the STATE shall pay CONTRACTOR TWENTY FIVE THOUSAND EIGHTY-SIX AND
N01100 DOLLARS ($25,186.00). Following the initial request for payment, payments shall be made in
advance installments as follows: The second fiscal quarter, TWELVE THOUSAND FIVE HUNDRED
NINETY-THREE and NO/100 DOLLARS ($12,593.00) shall be made payable on or about October 1,
2006, and the third fiscal quarter, TWELVE THOUSAND FIVE HUNDRED NINETY-THREE and
NO/100 DOLLARS ($12,593.00) shall be made payable on or about January 1, 2007, upon submission
by CONTRACTOR of written requests for payment. The total award shall not exceed FIFTY
THOUSAND THREE HUNDRED SEVENTY TWO AND NOI100 DOLLARS ($50,372.00). All
payments shall be made in accordance with and subject to Chapter 40, Hawaii Revised Statutes, which
AG -012 Rev 11/15/2005
0�..F.�M9
• R 1D5D 1
i
Attachment —,S2
STATE OF HAWAII
COMPENSATION AND PAYMENT SCHEDULE
specifies the accounting procedures and controls applicable to payments out of the Treasuryof.the State
of Hawaii.
2
AG -012 Rev 11/152005
g 01,
j
"�R•'°�°
STATE OF HAWAAttachment—S3
II
TIME OF PERFORMANCE
,a0
The CONTRACTOR shall provide the services required under this Contract from June 28, 2006, to and
including June 30, 2007, unless this Contract is sooner terminated as hereinafter provided.
AG -013 Rev 11/152005
Attachment -'S4
03y-. STATE OF HAWAII
` CERTIFICATE OF EXEMPTION
FROM CIVIL SERVICE
1. By Heads of Departments or Agencies as Delegated by the Director of the Department of
Human Resources Development ("DHRD").*
Pursuant to a delegation of the authority by the Director of DHRD, I certify that the services to
_be 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).
(Print Nark)
(Print Title)
• This part of the forth may be used by all department heads and others to whom the Director of DHRD 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: Authority to certify exemptions under §§76-16(6x2), 76-
16(6)(12), and 76-16(6)(1.5), HRS, has not been delegated; -only the Director of DHRD may certify §§7&16(b)(2), 76-
16(b)(12), and 76-16(b)(15) exemptions.
2. By the Director of DHRD, State of Hawaii.
I certify that the services to be provided under this Contract, and the person(s) providing the
services under this Contract are exempt from the civil service, pursuant to §76-16, HRS.
(Print Title, if designee of the Director of DHRD)
AG -014 Rev 11/15/2005