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HomeMy WebLinkAboutCOM 0082.075 2004-2006Harry Kim Mayor DATE: TO: VIA: FROM. RE: County of Hawaii OFFICE OF AGING Hilo Lagoon Centre. 101 Aupuni Street, Suite 342, I filo, 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 (808) 327-3599 r - August 28, 2006 Stacy K. Higa, Council Chair and Council Members Deanna Mlonitroller Alan'Paron 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 Rev. & Exp. Account Numbers: Grant Period (Commence. & Completion) Purpose of Grant: Is final report required by grantor? Notification attached: bj i Alan R. Parker Executive on Aging Area Plan on Aging Dept. of Health, Executive Office of Aging Hawaii County Office of Aging HA -2007-1(N) $885,942.00 = $215,612.00 (FY06); $670,330.00 (FY07) $120,000.00 #3301.04 & #010411-5411.09 to 10 - $489,742.00 (HCOA) #3301.01 & #010-481-5483.01 to .03 - $331,200.00 (HCNP) #3301.15 & #010-481-5481.01 to .03 - $65,000.00 (CSE) July 1, 2006 to June 30, 2007 To provide the supportive social services, recreational and cultural programs, congregate and home delivered nutrition services, in- home services, and preventive health services described in the State approved Area Plan for the County of Hawaii. ® Yes ❑ No ® Yes [—]No cc: Parks & Recreation $2. S Comm. No. Ref. To: Ref. Dote OCT 3 0 2006 Hmvar', County is an equal opportunity provider and employer. An Area Agency on Aging >{ LINDA LINGLE a``�� GOVERNOR OF HAWAII AA• '''���.�4 q a� CHIYOME L. FUKINO, M.D. DIRECTOR OF HEALTH STATE OF HAWAII EXECUTIVE OFFICE ON AGING NO. 1 CAPITOL DISTRICT 250 SOUTH HOTEL STREET, SUITE 406 HONOLULU, HAWAII 96813-2831 August 21, 2006 TO: Alan Parker County Executive Hawaii County Office ofAging FROM: Pat Sas Executie rector Executive ffice on Aging SUBJECT: HA -2007-1(I) PAT SASAKI EXECUTIVE DIRECTOR DATE RECE CIRCULATE COPY TO ACTION BY L~ DATE DUE TO FILE We are pleased to present you with your file copy of consummated contract no. HA - 2007 -1(l) between the Executive Office on Aging and the County of Hawaii. Thank you for your patience as we awaited this contract finalization from the Attorney General's office. If you have any questions, please contact Caroline Cadirao at 586-7267. Mahalo. CTC C: Felipe Tan Telephone (808)588-0100 Fax (808)586-0185 STATE OF HAWAII AGREEMENT FOR HEALTH AND HUMAN SERVICES: 1 TRANSACTIONS EXEMPT FROM CHAPTER 103F, HRS J This Agreement, executed on the respective dates of the signatures of the parties shown hereafter, is effective as of (date), July 1, 2006 between the (agency) Department of Health State of Hawai'i (the "STATE"), by its Executive Director, Executive Office on Aging (the "DIRECTOR"), whose address is 250 South Hotel Street, Suite 406, Honolulu, Hawaii 96813-2831 and the County of Hawaii, (the "PROVIDER"), a (government entity/ corporationl partnership/ sole proprietorship/ other business form) government entity whose business address and taxpayer identification number are: 101 Aupuni Street, Suite 342, Hilo, Hawaii 96720 Federal Tax I.D. # 99-6000567 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); 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 1 Form AW -Exempt (4/99) HA -2007-1(N) 6 ❑ 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) Dept of Labor Dept, of Health and Human Services, Dept. of Education and Related Agencies Appropriations Act 2006 (Public Law 107-149), or both, in the following amounts: State: $ -0- Federal: $ 885,942.00 D. Pursuant to (legal authority for Agreement) Section 349-3, 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 he or she has authority to sign this Agreement by virtue of (check any or all that apply): HA -2007-1(N) ❑ 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 a limited liability company operating agreement; EXEMPT TRANSACTIONS Page 2 Form AW -Exempt (4/99) V - ❑ the PROVIDER is a sole proprietor and as such does not require any l authorizing documents to sign this Agreement; / 0 the PROVIDER is a government entity, and the undersigned representative of the PROVIDER is duly -authorized to execute contracts on behalf of such government entity; ❑ other evidence of signing authority: F. The PROVIDER has produced, and the STATE has inspected, a certificate of insurance in the amount of N/A DOLLARS ($ ) for bodily injury and property damage liability arising in connection with the PROVIDER's performance under this Agreement. G. The PROVIDER has produced, and the STATE has inspected, a tax clearance certificate with approval from the State of Hawaii, 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 , 2006 to (date) June 30, 2009 unless this Agreement is sooner terminated. 3. Compensation. The PROVIDER shall be compensated ff] in a total amount for all required services not to exceed EIGHT HUNDRED EIGHTY-FIVE THOUSAND, NINE HUNDRED FORTY-TWO AND N0/100 DOLLARS ($885,942.00), 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-Exempt (4199) HA -2007-1(N) 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 30 2009 No amendment to the PROVIDER's Final Project Report shall be considered after (date) September 30, 2009. 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: Executive Office on Aging 250 South Hotel Street, Suite 406 Honolulu, Hawaii 96813-2831. 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 State Procurement Office 1151 Punchbowl Street Room 230A, Honolulu, Hawaii 96813. 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 PROVIDER is responsible for notifying the STATE in writing of any change of address. EXEMPT TRANSACTIONS Page 4 Form AW -Exempt (4/99) HA -2007-1(N) IN WITNESS WHEREOF, the STATE and PROVIDER have executed this Agreement effective as of the date first above written. EXECUTIVE OFFICE ON AGING By Executive Director PROVIDER COUNTY OF HAWAII By (�i� RECOMMEND APPROVAL: Hawaii County Office of Aging County Executive APPROVED AS TO FORM AND LEGALITY: Deputy orporatioounsel CounCy of Hawaii APPROVED AS TO FORM: Deputy Attorney General State of Hawaii *Evidence of authority of the PROVIDER'S representative to sign this agreement for the PROVIDER must be attached. EXEMPT TRANSACTIONS Page 5 Form AM -Exempt (4/99) HA -2007-1(N) STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this 25a' day ofJam— 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. �OTAI?IA CATH . CORREIA A �C • Notary Public, State of Hawaii T�h•�.!�!,T�` My commission expires: 10/13/06 I—) PROVIDER'S ACKNOWLEDGMENT Staof Hawaii ) ) SS. County Hawaii ) On thisday of , before me personally appeared to me personally known, who being by me duly sworn, did say that he/she is the of the PROVIDER\edhe foregoing instrument, and that he/she is authorized to sign said instrument othe PROVIDER and acknowledges that he/she executed said instrumena act and deed of the PROVIDER. Notary blic, My commission xpires: EXEMPT TRANSACTIONS Page 6 HA -2007-1(N) Form AW -Exempt (4/99) STATE OF HAWAII SCOPE OF SERVICES PROVIDER shall, in a satisfactory and proper manner as determined by the STATE and in accordance with the terms and conditions of this Agreement, use the Older Americans Act ("OAA") funds received under this Agreement to provide and implement the following authorized services described in the OAA: Part B: Supportive Services shall include, but may not be limited to, providing access such as transportation, advocacy, legal assistance, and information and referral. 2. Part C: Nutrition Services: a. Congregate (Cl) Meal Program shall provide meals in a congregate setting. b. Home Delivered Meals Program (C2) shall provide meals to homebound and frail older adults. 3. Part D: Disease Prevention and Health Promotion Services shall provide disease prevention and health promotion services with specific activities related to medication management, screening, and education to prevent incorrect medication and adverse drug reaction. 4. Part E: National Family Caregiver Support Program shall provide a system of support services for family caregivers and grandparents or older adults who are relative caregivers. Service shall include information, assistance in gaining access to services, individual counseling, support groups, caregiver training, respite care, and supplemental services. The PROVIDER shall deliver these services as set forth in the STATE approved 2004 — 2007 Area Plan for the County of Hawaii which is incorporated herein by reference. j HA -2007-1(N) EXHIBIT "A" Page 1 The PROVIDER shall comply with all regulations and requirements of the expending Federal agency and implement the Older Americans Act of 1965, as amended. Federal ,) guidelines supersede all local policies and must be followed as prescribed or as requested by the STATE. HA -2007-1(l) EXHIBIT "A" Page 2 STATE OF HAWAII COMPENSATION AND PAYMENT SCHEDULE 1. Compensation. a. Subject to continuing availability of funds, the STATE agrees to pay PROVIDER for services satisfactorily performed under this Agreement a sum not to exceed EIGHT HUNDRED EIGHTY-FIVE THOUSAND, NINE HUNDRED FORTY-TWO AND N0/100 DOLLARS ($885,942.00) provided that PROVIDER shall apportion said sum among the programs/activities set forth in Exhibit "A." 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 PROVIDER incurs in the performance of this Agreement. It is strictly understood and agreed by PROVIDER that the sum payable under this Agreement shall be paid only upon receipt by the STATE of those federal funds described and provided pursuant to the STATE's Plan on Aging. The STATE shall not pay said amount to PROVIDER out of any funds other than those received from Department of Health and Human Services ("DHHS"). 2. Method of Payment. a. The funds awarded to the STATE by the DHHS and appropriated by the state legislature for purposes of this Agreement shall be subject to the allotment system as provided in Chapter 37, Hawaii Revised Statutes. b. All payments shall be made in accordance with and subject to Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls applicable to payments out of the Treasury of the State of Hawaii. HA -2007-1(N) EXHIBIT `B" Page 1 c. Subject to the availability of funds, payments to PROVIDER under this Agreement shall be made in accordance with, and subject to, the provisions of the Area.Agencies Policies and Procedure Manual 1995, Chapter 6, Section § 6-5 (a — b) Payment Requirements and are subject to the following appropriate Federal or State provisions: i. The STATE shall use the allocation plan contained in Exhibit `B-1" as a basis of paying PROVIDER upon submission by PROVIDER of a written request for payment and submission of the required reports as described in the Federal and State Reporting Requirements for the Area Agencies on Aging ("AAA") attached as Exhibit "E-1." ii. Program income, and interest or investment income, hereinafter referred to as "income," that is collected or earned by PROVIDER or any of its subcontractors as a result of activities supported by funds provided to PROVIDER under this Agreement, shall be retained by PROVIDER or subcontractors earning such income and shall be j spent for the expanded level of services prior to using funds provided under this Agreement. 3. Withholding of Payments. In accordance with, and subject to, the provisions of the Area Agencies Policies and Procedure Manual 1995, Chapter 6, Section §6-5, C, Withholding of Payments, the STATE shall have the discretion to withhold payments to the PROVIDER if the PROVIDER fails to comply with the reporting requirements outlined in Exhibit "E", the PROVIDER fails to comply with the award conditions or agreement terms, and/or if the PROVIDER is indebted to the STATE. HA -2007-1(N) EXHIBIT °B>" Page 2 d m C Q O) W O G N d U O d T � ♦+ 7 c � U0) ? O m to o =o Q = N = (0 _- co T ° Z N N j } Oc G d LL U oacn co W 0 O 0 O N d 3 Q d m Q Uy' � m @ d O � O N LL d w y ECo O T N C C N d O LL N G E O LL m} N N y O c Q ° 00 ECd d N p <a Q p m z U)a in 0 Co .t ui ni of v ui co r o� rn .- r 61 ii O 0 N This form is inoperable between the STATE and the Provider 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 govermnentbut excluding the courts. "Controlling interest" means an interest in a business or other undertalang 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): 2. 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 bad been involved in the development or award of the Contract. (Section 84-14 (d), HRS). 4. 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 aeencv: If the "is" block is checked and if the Contract involves goods or services of a value in excess of $10,000, 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). HA -2007-1(l) Exhibit "C" 811751 Page 1 Revised 2/04 PROVIDER understands that the Contract to which this document is attached is voidable on -1 behalf of the STATE if this Contract was entered into in violation of any provision of chapter J 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, gill, 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 (signature) Print Name Print Name of Provider 8117512 Revised 1104 GENERAL CONDITIONS Representations and Conditions Precedent 1.1 Agreement Subject to the Availabili!y 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 j 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 accreditation 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 HA -2007-1(1) GENERAL CONDITIONS Page 1 Form AG3-HHSGC(4/99) 1.3.1 Smoking Policy. The PROVIDER shall implement and maintain a writtep 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 seg.), and the Rehabilitation Act (20 U.S.C. §701, et seq.). 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 Hawai'i, 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 Focra Aa3-HHscC(4199) 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 shall create written j 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 Como]iance with Managed Process. If this Agreement was entered into between July 20, 1998, aand July 1, 2001, and extends. beyond June 30; 2001, itis 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(4J99) 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 Ownership Rights and Copyright. 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 free 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 head of the purchasing agency at all stages of the PROVIDER's work, and submit -to the head 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(4/99) 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 Hawaii, 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 Procureltient Officer") shall, upon receipt of a document acceptable or satisfactory t the Agency Procurement Officer indicating such change of name such 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 changedi 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 Tas Responsibilities. 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 requirements necessary 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 It all applicable licensing and operating requirements imposed or reired under federal, state, or county law, and all applicable accreditatiand 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, j 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(4/99) ) made by a written notice sent to the PROVIDER ten (10). working 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 Right 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 Hawai'i 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 Hawaii; 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 hold harmless the State of Hawaii, the contracting agency, and their officers, EXHIBIT D GENERAL CONDITIONS 1 Page 8 Form AG3-HHSGC(4/99) 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 pa , be made a party to any litigation commenced by or against the PROVIDE 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 Publici1y. 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 Supgort. 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 Forsn AG3-HHSGC(4/99) 6.3 Section Headings. The section headings appearing in this Agreement have l 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 1 Directive in effect on the date this Agreement became effective shall control and'itre 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 eclaredinvalid 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(4/99) 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 Countemarts. This Agreement may be executed in se eral counterparts, each of which shall be regarded as an original and all of w ich shall constitute one instrument. q EXHIBIT D GENERAL CONDITIONS Page 11 Form AG3-HHSGC(4/99) STATE OF HAWAII SPECIAL CONDITIONS 1. Reporting and Records Requirements. a. In order that the STATE may monitor PROVIDER's compliance with this Agreement, PROVIDER shall comply with all data and reporting requirements as described in the Federal and State Reporting Requirements Handbook 2005 which is incorporated herein by reference. PROVIDER shall submit to the STATE all financial and administrative reports as set forth in the Federal and State Reporting Requirements for the AAAs attached as Exbibit `B-1". In addition, PROVIDER shall ensure that it is capable of furnishing any additional information or special reports required or requested by the STATE and/or the United States Administration on Aging. b. The PROVIDER shall ensure provisions that facilitate the collection of data and the reporting requirements with its subcontractors. c. Equipment. i. PROVIDER shall, at the completion of the fiscal year, submit to the STATE a list of non -expendable state property having a unit cost of One Thousand and N0/100 Dollars ($1,000.00) or more and a useful life of more than one (1) year such as land improvements, building improvements, motorized vehicles, equipment (such as machinery, tools, furnishings and software) and infrastructure. ii. PROVIDER shall, at the completion of the fiscal year, submit to the STATE, theft sensitive property having unit costs of Two Hundred Fifty and NO/100 Dollars ($250.00) through Nine Hundred Ninety -Nine and 99/100 Dollars ($999.99) including personal computer equipment, photographic equipment, television sets, and video and communication equipment. `) HA -2007 -IN EXHIBIT "E" Page 1 d. Supplies. PROVIDER shall maintain internal control records for non -consumable supplies with a unit cost of Two Hundred Fifty and NO1100 Dollars ($250.00) but less than One Thousand and N0/100 Dollars ($1,000.00). Non -consumable supplies are items that are not consumed in use, retaining its original identity when used for the purpose for which it was designed but do not qualify as an equipment because it is below the inventory reporting threshold. e. The PROVIDER shall ensure that the local or cost share matching requirements mandated by 45 C.F.R. Part 92.24, subpart C are satisfied, and the matching or cost share funds provided to it under this Agreement are secured and applied where required. f. PROVIDER and its subcontractors shall maintain and ensure, in accordance with generally accepted accounting principles and practices, that all fiscal records, supporting documents and related files, papers, receipts, reports, and other evidence that sufficiently and properly reflect all direct and indirect expenditures are available for inspection, reviews or audits at all reasonable times by the STATE, the State Department of Budget and Finance, the State Department of Accounting and General Services, State legislators, the Legislative Auditor, or their duly authorized representatives. g. PROVIDER and its subcontractors shall maintain all documents, papers, books, records, data, reports, and any other evidence which are pertinent to this Agreement. PROVIDER and its subcontractors shall permit the STATE, State Department of Budget and Finance, the State Department of Accounting and General Services, State legislators, the Legislative Auditor, or their duly authorized representatives access to all documents, papers, books, records, data, and reports and other evidence which are pertinent to this Agreement and which HA -2007 -IN EXHIBIT "E" Page 2 are necessary for said agencies to conduct surveys, audits, and examinations of > the PROVIDER's and its subcontractors' performance. h. PROVIDER shall ensure that all subcontracts it enters into specifically incorporates or otherwise ensures that the requirements of this Exhibit "E" are applicable to and are satisfied by each of its subcontractors so as to facilitate PROVIDER's compliance with these requirements. 2. Standards of Conduct Declaration. Exhibit "C" shall not be applicable to PROVIDER since the PROVIDER is a County agency. The PROVIDER shall ensure that the provisions and limitations contained in Exhibit "C" are applicable and binding upon all its subcontractors. 3. Insurance Certificates. PROVIDER shall ensure that its subcontractors transmit Insurance Certificates as appropriate, to the State. 4. Monitoring and Evaluation. PROVIDER shall monitor and evaluate each of its subcontractors. PROVIDER shall conduct an annual on site assessment and maintain ) an annual written report for each contract, subsidy, or award which describes the progress, compliance and required corrective action by the subcontractors. Copies of the annual on-site visit report shall be transmitted to the STATE within sixty (60) days after the close of the fiscal period. 5. Source of Funds Plan. PROVIDER shall submit an annual Area Agency Contractors and Sources of Funds Plan detailing the allocation of funds including Federal, State, and County funds. The Area Agency Contractors and Source of Funds Plan should include the name, address, and telephone number of its subcontractors as well as the service activities, outputs, and funding sources. The Area Agency Contractors and Source of Funds Plan shall be submitted to the State by August 30 each year. HA-2007-lN EXHIBIT "E" Page 3 6. The PROVIDER shall submit to the State a copy of each of its subcontractors' consummated contracts, Memorandums of Agreement, and supplemental agreements, if any, for the term of this Agreement. 7. Voluntary Contributions. The PROVIDER shall assure that all its subcontractors shall provide its clients with the opportunity to voluntarily contribute to the cost of a service; protect the privacy of the clients with respect to their contributions; and establish appropriate procedures to safeguard and account for all contributions. The subcontractors shall use contributions for supportive services and nutrition services to expand supportive services and nutrition services respectively. 8. Rules and Regulations. PROVIDER and its subcontractors shall comply with all ordinances, codes, rules and regulations of the Federal, State and local government, which in any way affect PROVIDER's performance under this Agreement. These codes and regulations include, but are not limited to the following: a. 45CFR (Code of Federal Regulations) for the Older Americans Act, b. 45 CFR part 16 --Procedures of the Departmental Grant Appeals Board; c. 45 CFR part 74 --Administration of Grants, except subpart N; d. 45 CFR part 80 --Nondiscrimination under Programs Receiving Federal Assistance through the Department of Health and Human Services: Effectuation of Title VI of the Civil Rights Act of 1964; e. 45 CFR part 81 --Practice and Procedures for Hearings under Part 80 of this title; f 45 CFR part 84 --Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance; g. 45 CFR part 100 --Intergovernmental Review of Department of Health and Human Services Programs and Activities; and h. 5 CFR part 900, subpart F, Standards for a Merit System of Personnel Administration. HA -2007-1 N EXHIBIT "E" Page 4 9. Procurement. 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