HomeMy WebLinkAboutCOM 0082.074 2004-2006 r«
Harry Kim c;- ~ Alan R. Parker
Mayor Exeeufive on Agmg
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County o~ Hawaii
OFFICE OF AGING
Hilo Lagoon Centre, IOl Aupuni Street. Suite 342, 11i1o, Hawaii 96720-4262
Phone (808)961-8600 Fax (808)961-8603
Hanama Place, 75-5706 Kuakini Highway. Suite 106, Kailua-Kona, Hawaii 96740-1751
Phone 1808)327-3597 Fax (808)327-3599
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DATE: August 28, 2006
TO Stacy K. Higa, Council Chair and Council Members
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VIA: Deanna S
o/2 CgPtroller
FROM: Alan Parker, E ecutive on Aging
RE: NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. 06-79, Section 7(1)
Name of Grant Program: Senior Employment Program
Grantor: SOH, Dept. of Labor & Ind. Relations, Workforce Dev. Div.
County Grantee Department or Agency: Hawaii County Office of Aging
Grant No. (IF KNOWN): PY04-SCSEP-H-HCOA
Amount of Grant: $279,657.00
Amount of County Match: $ 82,488.00
County Revenue Account Numbers: #3301.20
County Expenditure Account Numbers: #010-481-5481.01 to 5481.02 8 5484.02 to 5484.03
Grant Period (Commence. & Completion): July 1, 2006 to June 30, 2007
Purpose of Grant: To provide the subsidized part-time employment opportunities to
individuals fifty-five years of age or older.
Is final report required by grantor? ®Yes ? No
Notification attached: ®Yes ~ No
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cc: Parks & Recreation
Comm. No. Z•7
Ref. To:
Ref. L-ate C7 3 0 2006
HairaiT Couttn' is an equal opportunity pramder and employer. An ,4rea Agenry on Aging
i
NELSON B. BEFITEL
DIRECTOR
SQ.i•~+~9y,
LINDA LINGLE ss \.y
GOVERNOR ~R~'+~-.
" ~ COLLEEN Y. LaCLAIR
DEPUT7 DIRECTOR
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~'1`*~~:~ ELAINE YOUNG
ADMINISTRATOR
STATE OF HAWAII
DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
WORKFORCE DEVELOPMENT DIVISION
830 PUNCHBOWL STREET, ROOM 329
HONOLULU, HAWAII 96813
www.hawaii.oovBabor
Phone: (808) 586-8877 /Fax: (808) 586-8822 ~j/~+~I~ a.e~.~w~CA L.l -3.,~
Email: dlir.workforce.develop@hawaii.gov ytp~p ~s+a~c+~~'^-----~-
~iR~llLATE TO ~
June 29, 2006 GC~PY T~ I
Ac.i~r~ ar - -
pATE ~uE r~
TO: Alan R. Parker, Executive on Aging FILE
Hawaii County Office of Aging
FROM: Elaine Young, Administrator .e.~
'Workforce Development Division
SUBJECT: Agreement for Health and Human Services: Transactions Exempt from Chapter
103F, HRS, Agreement Number: PY06-SCSEP-H-HCOA
Enclosed for your appropriate action is an executed copy of the Agreement for Health and
Human Services referenced above. This Agreement is for the administration and operation of a
Senior Community Service Employment Program on the County of Hawaii for the period from
July 1, 2006 through June 30, 2007.
If there are any questions or concerns, please contact Yvonne Chong at (808) 586-9262.
Enclosure
}
Agreement Number: PY06-SCSEP-H-HCOA
STATE OF HAWAII
AGREEMENT FOR HEALTH AND HUMAN SERVICES:
TRANSACTIONS EXEMPT FROM CHAPTER 103F, HRS
This Agreement, executed on the respective dates of the signatures of the
parties shown hereafter, is effective as of (date) July 1 zoo6
between the (agency) Department of Labor and Industrial Relations
State of Hawaii (the "SPATE"), by its Director
(the "DIRECTOR"), whose address iS 830 Punchbowl Street. Room 321. Honolulu..HI 96813
aDd Hawaii County Office of Aging
(fhe "PROVIDER"), a (government entity/corporation/partnership/sole proprietorship/other
business form) county governmental entity
whose business address and taxpayer identification number are:
101 Aupuni Street, Suite 342, Hilo, Hawaii 96720 Federal ID41: 99-6000567,
State IDII: 30016002
RECITALS
A. This Agreement is for a purchase of health and human services that is exempt
from the requirements of Chapter 103F, HRS, because:
~ this Agreement is between or among government agencies as provided
in Section 103F-101(a)(2), HRS;
? this Agreement is to award grants or subsidies of state funds
appropriated by the )egislature 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)(lj;
? 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 AG3-Exem(4/99)
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~ . ~ A~
? 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 courE order or by the
rules of We court;
? this Agreement is for a transaction covered by a written exemption
from the Chief Procurement Officer for the STATE dated
The STATE is in need of the health and human services described in this
Agreement and its exhibits (We "Required Services"). The PROVIDER rs 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) rube is Law 10949 . or both,
in the following •amounts:
State: S
Federal: $ 279,657.00
D. Pursuant to (legal authority for Agreement) chapters 103-F and 26-20, Hlts
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):
? corporate resolutions of the PROVIDER or other authorizing
documents such as partnership resolutions;
? corporate by-laws of the PROVIDER, or other similar operating
documents of the PROVIDER, such as a partnership agreement, or an
limited liability company operating agreement;
EXEMPT TRANSACTIONS
Page 2 Form AG3-Exem(4199)
~ the PROVIDER is a sole proprietor and as such does not require any
authorizing documents to sign this Agreement;
~ the PROVIDER is a government entity, and the undersigned
representative of the PROVIDER is duly-authorized to execute
contracts on behalf 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 DOLLARS
for bodily injury and property damage liability arising in connection with
the PROVIDER'S performance under this Agreement. N/A
G. The PROVIDER has produced, and the STATE has inspected, a tax clearance
certiScate 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:
I. 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 Requited Services
from (date July 1. 2006 . to (date) June 30
2007 .unless this Agreement is sooner terminated.
3, Compensation. The PROVIDER shall be compensated
~ in a total amount for all required services not to exceed
Two Hundred Seventy Nine Thousand Six Hundred Fifty Seven DOLLARS 279.657.0(1
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-F~cem(4/99)
`i
for. each such referral shall be made according to Exhrbrt"13" 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 submrt a Final Project
Report, by (date) August 31 2007 No amendment o the
PROVIDER'S Final Project Report shall be considered after (date) Sevtemter`30
2007
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 (tbe "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 5rst class mail, postage prepaid. Notice requiredio be given
to the DIRECTOR shalt be sent to the DIRECTOR'S office in Honolulu, Hawaii. Notice
to the Agency Procurement Officer stall be sent to:
830 Punchbowl Street, Room 309, Honolulu, HI 96813 Notice t0 the
PROVIDER shall be sent to the PROVIDER at the PROVIDER'S address as indicated in
this Agreement. Notice to the STATE'S Chief Procurement Officer shall be sent to
1151 Punchbowl street, Room 230A, Honolulu, HZ A notice shall be deemed to have been received
96813
three (3) days after mailing or at the time of actual receipt, whichever is earlier. The
PROVIDER is responsible for notifying the STATE in writing of any change of address.
EXEMPT TRANSACTIONS
Page 4 Form Ac3-ExemIa799)
W VIEW OF THE ABOVE, the parties execute this Agreement by theirsignatures,
on the dates below, to be effective as of We date first above written..
STATE
sy
ROMMBv"D APPROVA!
~rint Name Nelson Befitel
$7~6•~~~-=~ Title Director
Exec. on Aging /
Darer, :JUN 2 0 2006 Date (llagle~
PROVIDER
APPROVED AS TO ('~~~~~e U~,,,
FORM AND LEGALITY: By \ ~OYY"
~ DIXIE KAEiSU
Print Name
DEPUTY POR;4TION COUNSEL _ _
COU OF HA/W~AII Title ~°"1°~~"S pCC
Date 'JUN 2~.2. 1000 .
Date
APPROVED AS TO FORM:
~'ltay ~1 l~..lA.wY'
Deputy Attorney Gen ral
EXEMPT TRANSACTIONS
Page 5 ~ Fonn AG3-Exem(4/99)
~ l
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this ~ y of i , 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.
Sign ure
VIRGINIA trt. TOtENflNC~
Notary Public, State of Hawaii`
My Commission Expires: 7 ~'r~a~
`,ti~Slflrfgpt~J
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DATE RECEIVED~1N 1 ~ '
°"`Y~`"•'w CI2CULATE TO
Harry Kim
Mayor Dixie aetsu
t. COPY TO - g; Dire~rar
• ACTION BY
' _ arbara . Kossow
''%r " DATE DUE TO
Eof xP r•~an gingDirectar
FILE
C~~~tnf~r lx~~ttf~ttii
2S Aupuni Street, Room 275 Hilo, Hawaii 96720-0252. (808) 961-8211 Fax (808) 961-6553
KONA: 75-6706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226. Faz (808) 326-5663
Tune 6, 2Q06
Dixie Ifaetsu
Managing Director
County ofHawai`i
Hilo, Hawaii 96720
SUB7ECT: ATITIIORIZATION TO SIGN COLINT'Y DOCi JMENTS
As authorized by section 6-1.3(h) of the Charter of the County of Hawaii, I hereby assign to you
the authorization to sign instruments requiring execution by the County on my behalf whether I
am in the County or not. This authorization shalt be ; : effecfive till the end of my term in office
on December 1, 200&.
r
Har TCim
MAYOR
cc: Lincoln Ashida, Corporation Counsel
William Takaba, Director of Finance
~ ~
PROVIDER'S ACKNOWLEDGMENT
to of )
SS.
County of 1
On this day of ,before me.personally
appeared , to me personally known, who being by me
duly sworn, did say that he/she is of
,the PROV R named in the foregoing instrument, and that
he/she is authorized to sign said instrument on half of the PROVIDER, as provided in
Recital E of the foregoing Agreement, and ackno -edges that he/she executed .said
instrument as the free act and deed of the PROVIDER.
Notary Public,
My commission expires:
zL~~~-
EXEMPT TRANSACTIONS
Page 6 Form AG3-Exem(4/99)
J
N/A
CERTIFICATION OF EXEMPTION FROM CIVIL SERVICE
1. By Heads of State Departments or Agencies Pursuant to Delegation of the Director
of Human Resources Development'
Pursuant to the delegation of the authority by the Director of Human Resources
Development, I certify that the services provided under this Agreement, and We person(s)
providing, the services under Wis Agreement are exempt from the civil service, pursuant to
Hawaii Revised Statutes §?6-16.
(signature) (date)
Print Name
Print Title
2. By the Director of Human Resources Devetopment, State of Hawaii=
I certify that the services provided under this Agreement, and the person(s) providing
the services under this Agreement are exempt from the civil service, pursuant to Hawaii
Revised Statutes §76-16(x.
(signature) (date)
Print Name
Print Title, if designee of Director
of Human Resources Development
.'This part of the form may be used by all department heads and others to whom the Duedor of
Human Resources Development has delegated authority to certify Hawaii Revised Statutes section 76-16
civ0 service exceptions. The spec paragraph(s) of section 7ti-l6 upon which an exemption is based
should be noted in the contract fle. NOTE: Authority to certify exceptions under Hawaii Revised Statutes
sections 76-16(2) and 76-16(3) has not been delegated; only the Director of Human Resources
Development may certify sections 76-16(2) and 76-16(3) exceptions.
=This pari of the form may be used only by the Duector of Human Resources Development or the '
Duector's designee. See NOTE at footnote 1.
EXEMPT TRANSACTIONS
Page 7 Form AG3-Exem(4/99)
i
SCOPE OF SERVICES
The purpose of this Agreement is to foster and promote useful part-time opportunities in
community service activities for unemployed, low income "older individuals" (individuals: over
55 years of age) who have poor employment prospects; to foster individual economic self-
sufficiency; and to increase the number of persons who may enjoy the benefits of unsubsidized
employment. (See Section 2, Service Specifications ofthe Request for Proposals-Idehtafication
Number LBR 111-02-1(SCSEP), which is attached hereto as Attachment "1".) In oxder'to `
achieve these goals, the PROVIDER shall, in a satisfactory and proper manner as determined by
the STATE and in strict accordance with the terms and conditions of this Agreemeht;ppvide
employment and training services to eligible older individuals that are designed to initially place
such individuals into subsidized part-time community service jobs as set forth in this. Agreement,
with the ultimate goal of helping these older individuals transition into unsubsidized
employment. The PROVIDER shall, to the maximum extent feasible, cooperate with'othec
agencies, including but not limited to, the Workforce Investment Act partner agencies, in
providing services to the oldex individuals.
The scope of services is set forth in detail in the Detailed Progam Objeetrves which is
the PROVIDER's proposal attached hereto at Attachment "2" and the PROVIDER'sDetailed
Program Budget, attached hereto as Attachment "
3", but in general, the requirements. nfthis
Agreement aze set forth below as follows:
l . Statutory and Regulatory Requirements: The PROVIDER shall comgly with the
Cost Principles for Purchases of Health and Human Services set forth in HRS'Chapter
103F, and applicable federal cost principles listed in OMB Circulars A-87,'A-21, A-
1 ] 0 and A-122, and the Department of Labor and Industrial Relations'. Senior
Community Service Employment Program Financial Management Manual (SCSEP
FMM) which aze hereby incorporated and made a part ofthis Agreement. T'he
PROVIDER shall ensure that services shall be in accordance with Title V of the
Older Americans Act Amendments of 2000 (Public Law 106-501), its Final Rule at
20 CFR Part 641, published on Apri19, 2004, and applicable Federal and State laws,
regulations, policies, and instructions.
2. Required Services and Activities: The scope of work is descnbed in the Service
Specifications which are attached as Attachment "1"and shall include, but is not
limited to, the following:
,4. Recruitment, Screening and Selection of Eligible Participants: In
accordance with Title V ofthe Older Americans Act and applicable laws,
regulations, policies, and instructions issued by the STATE, the PROVIDER
should recruit, screen and select eligrble individuals to fill all available
community service assignment slots. In addition to other means of
recruitment, the PROVIDER shall utilize the One-Stop Center(s) established
under the Workforce Investment Act to recruit eligible participants. The
PROVIDER shall strive to provide services to 62% more individuals than the
slot level established for the project by the STATE. The following order of
priority shall be utilized when selecting individuals for enrollment: 1)
Exhibit A
Page 1
Veterans or the qualified spouse ofa veteran who meet the eligibility
requirements under Section 2 of the Jobs for Veterans Act (Public Law 107-
288) and who aze 60 years old or older, 2) Other individuals who are 60 years
old or older, 3) Veterans or the qualified spouse of a veteran who meet the
eligibility requirements under Section 2 of the Jobs for Veterans Act who are
55-59 years of age, and 4) Other individuals who aze 55-59 yeazs of age.
Within these priority groups, special consideration shall be given to the extent
feasible, to eligible individuals who are minority, have limited English
speaking skills, aze Indian, have a family income below the poverty level, of
have the greatest social and economic need. The PROVIDER shall verify the
participant's eligSbility through the review of documents verifying the
individual's age, residence, family size, and family income. In addition, the
PROVIDER shall certify the participant's continued eligibility at least once
per program yeaz by reviewing the participant's family income for the six
months prior to the date of review. When calculating family income, the
PROVIDER shall utilize the income guidelines transmitted via the STATE
SCSEP Bulletin 10-03, Change 1.
B. Orientation: The PROVIDER shall grovide the participants selected for
enrollment with an orientation which includes information on the project goals
and objectives; participant's rights and responsibilities; available benefits and
privileges while on the program; available community service assignments,
training opportunities, and supportive services; and permissible and prolubited
political activities. Participant orientation materials should also include the
Equal Opportunity is the Law form, the Privacy Act Statement, the Hatch Act
Notice, and if applicable, the PROVIDER's fi-inge benefit guidelines
indicating that non-mandatory fringe benefits will be zeroed-out at the end of
the Program Year (June 30). Agencies that have agreed to serve as host
agencies for the program shall also be provided with an orientation that
includes information on the project goals and objectives; agency's rights and
responsibilities; and the requirements of providing a safe and healthy work
environment; adequate supervision; and a work site which is free of nepotism,
discrimination, political and sectarian activities and which complies with the
maintenance of effort provisions of the Older Americans Act.
C. Assessment, Case Management and Service Planning: The PROVIDER
shall assess the participant's suitability for the program through an in-depth
interview and/or testing which examines the participant's work history,
capabilities, interests, vocational potential, barriers to employment and
supportive service needs. Such assessment shall be conducted no less than
twice during the program yeaz. The assessment shall be utilized to develop a
comprehensive individualized case management plan that reflects the
participant's goal(s), appropriate achievement objectives, supportive service
needs, sequence of services and timetable for attaining goals. An individual
employability plan (IEP) shall be developed jointly with the participant and
should be updated as needed. Throughout the individual's participation in the
program, the PROVIDER shall provide emotional support, employment
Exhibit A
Page 2
• T
counseling, and information and referral services io the participant to enhance
the participant's success in attaining their goals.
D. Placement into Subsidized and Unsubsidized Employment: The
PROVIDER shall place participants into appropriate community service
activities that are consistent with their IEP, and are as close as possible to the
participant's residence. The PROVIDER shall compensate participants at the
federal or state minimum wage (whichever is higher) and provide fringe
benefits for their participation in community service activities and approved
training. The PROVIDER shall provide sufficient counseling, assessment,
supportive services and training that will enable the transition into ,''`.°t -
unsubsidized employment for the number of participants that equals at least
24 percent ofthe project's annual slot level In addition, the PROVIDER
shall strive to attain the Government Performance and Result Act (GPRA)
goal of the placement of 35% of the project's slot level.
E. Training: The PROVIDER shall arrange or provide for necessary training
specific to the participant's community service assignment or to address the
training needs identified in the participant's IEP. The training shall make the
most effective use of the participant's skills, interests, and talents and be
secured at little or no-cost to the program whenever possible.
F. Supportive Services: The PROVIDER shall provide or refer participants to
agencies that are able to provide the supportive services that are identified as
required to ensure active participation in the program
G. Termination: The PROVIDER shall terminate participants from the progam
following the statutes, regulations, instructions, and policies established by the
Older Americans Amendments (Public Law 106-501), its Final Rules and the
STATE.
H. Follow-Up Services: The PROVIDER shall provide counseling and follow-
up services to participants who are placed in unsubsidized employment for no
less than fow quarters after the quarter of exit to enswe successful placement
and to capture performance data on the common measwes employment
retention. Follow-up services should follow the instructions issued in SCSEP
Bulletins 8-04 and 8-04, Change 1.
I. Customer Satisfaction Surveys: The PROVIDER shall encowage
participants, host agencies and employers to respond to customer satisfaction
surveys through personal contact, on-site visits and/or letters.
3. Monitoring and Evaluation: The PROVIDER shall implement sufficient
procedwes for monitoring this award to insure the proper and effective expenditwe of
funds and the achievement ofprogram goals.
Exhibit A
Page 3
1
4. Reporting Requirements: In order that the STATE may monitor the PROVIDER'S
compliance with this Agreement, the PROVIDER shall submit written monthly fiscal
and quarterly program progress reports to the STATE. Such reports maybe
transmitted via hard copy and/or through the SCSEP Data Collection and Reporting
System developed by the U.S. Department of Labor.
A. Fiscal Reports: The fiscal reports shall detail the uses made by the
PROVIDER of compensation paid to it pursuant to this Agreement, outline
the expenditures incurred, and be certified as to accuracy by the PROVIDER.
The SCSEP Expenditure Register, and the Subcontractor's Invoice (Program
Costs) aze due no later than twenty-five (25) calendar days after the end of
each month The Inventory Listing Report is due no later than twenty-five
(25) days after the end of each report quarter. In addition, the PROVIDER
shall submit a completed closeout package within sixty (60) days after the
termination of the Agreement containing the documents identified in the
SCSEP FMM.
B. Program Reports: The PROVIDER must ensure timely and accurate input
of all required data into the SCSEP Data Collection System (DCS) utilizing
the instructions in the SCSEP Data Collection Handbook, as amended. The
DCS consists offour major forms (SCSEP Participant Form, SCSEP
Community Service Assignment Form, SCSEP Exit Form, and SCSEP
Unsubsidized Employment Form). The wnversion ofthe DCS to a Web-
based system (Web DCS) is expected within the first quarter of the program
yeaz. The PROVIDER shall ensure all data for each program quarter is input
no later than twenty five (25) calendaz days after the end ofthe calendar
quarter into the Web DCS for inclusion into the State's combined Quarterly
Progress Report. In addition, the PROVIDER must ensure that their DCS
contains updated participant rewrds and any data from follow-ups that were
not completed on time within sixty (60) days from the end ofthe Program
Yeaz. The PROVIDER is expected to have the required computer access with
high speed Internet trancmiasion and email capabilities to transmit the required
reports. The PROVIDER should also transmit to the State the Quarterly
Review Report twenty-five (25) calendar days from the end ofthe quarter
summarizing their progress for each quarter.
C. Additional Reports: In addition to the quarterly Web DCS reports, the
PROVIDER, upon request, shall be required to submit additional reports that
the STATE from time to time may request and to meet with representatives of
the STATE to discuss the progress ofthe work required hereunder. While not
required, it is also recommended that the PROVIDER report the total amount
ofnon-federal funds contnbuted to the project's operation. The non-federal
match maybe in cash or an in-kind contnbution. The reported non-federal
match may be utilized to offset any potential disallowed costs discovered
through subsequent monitoring.
Exhibit A
Page 4
1 1
D. Reporting Penalty: Should the PROVIDER fail to file the written fiscal and
program progress reports with the STATE on or before the required date; the
state is authorized to withhold funds owed to the PROVIDER until`such_time
as the reports aze acceptable and placed in file with the STATE.
5. Audit Requirement: Any PROVIDER agency that expends $SOO,000.OO:or more a
year in federal awazds shall have a single orprogram-specific audit conducted,-for that
year. Such PROVIDER shall have an audit conducted by an independent:Ge;tified
Public Accountant to verify that its financial management system and inteinal:
control
procedures are effective in meeting the terms and conditions of the Agreement. The
audit shall be in accordance with generally accepted auditing standards, tha. :
requirements of OMB Circulaz A-133, and the Government Auditing Standards
issued by the U.S. General Accounting Office. The audit report shall be furnished to
the STATE within twelve (12) months after the completion of the Agreement: A pro
rata shaze of the audit costs maybe chazged to the Agreement only if an audit is
required as stated above. Should the actual federal expenditure be less than::~:
$500,000.00, no portion ofthe cost ofthe audit, ifeonducted, maybe eharged'to this
award.
6. Personnel: The PROVIDER represents that it has, or will secure at its own expense,
all personnel required in performing the services under this Agreement. Such
personnel shall not be employees of, or have any contractual relationship with the
STATE. All of the services required hereunder will be performed by the PROVIDER
or under its supervision, and all personnel engaged in the work shall be fully qualified
and shall be authorized under federal, state, and local laws to perform such'services,
7. Participation in the One-Stop Delivery System: The PROVIDER shall make
available information regarding their program to participants of the One-Stop
Delivery System The PROVIDER shall participate with the operations of the
Workforce Investment Act One-Stop Delivery Centers in their area, Such
participation shall be descnbed in a Memorandum of Understanding (MOU) between
the PROVIDER and the Local Workforce Investment Board. At a minimum, the
MOU shall descnbe 1) the services to be provided, 2) how the cost of such seivices
and the operating cost ofthe one-stop delivery system will be funded, 3) the method
of referai of individuals between the programs, 4) the reciprocal arrangements and
the contents of the SCSEP and WIA Individual Employability Plan, and 5) the
duration of the MOU and procedures for amending the MOU during this period. In
addition, the PROVIDER shall list all enrollment vacancies for the project with the
One-Stop Center(s) in their area to ensure that the maximum number of eligible
individuals will have the opportunity to participate in the project.
Exhibit A
Page 5
i '
8. Performance Standards: The PROVIDER shall meet the required levels of
performance annually set by the Secretary of U.S. Department of Labor for each of
the performance indicators:
A. SCSEP Placement Rate: The number of individuals who have been
employed 30 days within the first 90 days of exit divided by the total number
of allocated slots. The nvtumum rate of placement shall be no less than 24
percent of the PROVIDER'S allocated slot level The PROVIDER should
strive to attain the GPRA goal of at least 35% placement.
B. Service Level: The total number of participants served by the project divided
by the allocated slot level. The PROVIDER should serve no less than 162%
ofthe allocated slot level
C. Services to the Most-in-Need: The number of 60+ yeazs old participants who
meet at least one of the following criterion: 1) Income at or below poverty, 2)
physical or mental disabilities, 3) Language barriers, 4) CulturaS, social or
geographic isolation, 5) poor employment history or prospects 6)
homelessness, or 7) other social barriers divided by the total number of
participants. 72% of the participants enrolled into the project shall be deemed
to be most-in-need.
D. Community Service Provided: The total hours of community service hours
provided excluding the hours ofpaid training
E. SCSEP Retention: The number ofpazticipants who are placed into
unsubsidized employment who are still employed six months after the date of
placement, divided by the number ofpazticipants placed into unsubsidized
employment. 79% of the participants who are placed into unsubsidized
employment shall achieve SC5EP retention.
F. Customer Satisfaction of Employers, Participants, and Host Agencies:
The PROVIDER shall deliver the Employer Survey$ to affected employers
and shall encourage their participants and host agencies to compete the
surveys to attain a targeted return rate ofno less than 70%. Of the surveys
returned, 80% will reflect satisfaction with the services provided.
G. Common Measure Entered Employment Rate: Ofthose participants who
are not employed at the date of participation, the number of participants who
are employed in the first quarter after the exit quarter divided by the number
of participants who exit during the quarter.
H. Common Measure Retention Rate: Ofthose participants who are employed
in the first quarter after exit, the total number ofparticipated who are still
employed in both the second and third quarter after exit divided by the total
number of participants who exit in the quarter.
Exhibit A
Page 6
~ \i
1
I. Common Measure Average Earnings: Of those participants who are
employed in the first, second and third quarters after the exit, the total:
earnings in the second and third quarters after exit, divided by the number- of
participants who exit during the quarter.
9. Consequences for Poor Performance: If the PROVIDER fails to achieve the
established level of performance, the PROVIDER shall no later than 60 days-after the
end of the program yeaz, submit to the STATE their corrective action plan to resolve
such poor performance. Ifthe PROVIDER continues to fail to achieve the:
established level of performance for a second yeaz, even with the provision-oP
technical assistance and training from the STATE and/or the U.S. Department of
Labor, the STATE shall select another entity to operate the subproject.
10..Assurances and Certifications: The PROVIDER shall assure and certify that if will
fully wmply with the following:
29 CFR Part 97 (Uniform Admn~istrative Requirements for Grants and Cooperative
Agreements to State and Local Governments);
29 CFR Part 95 (Uniform Admniistrative Requirements for Grants and Cooperative
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations)
29 CFR Part 96 (Single Audit Requirements);
29 CFR Part 98 (Debarment and Suspension Certification and Drug-Free Workplace
Certification;
29 CFR Part 93 (Lobbying Certification);
29 CFR Parts 33 and 34 (Nondiscrimination and Equal Opportunity)
29 CFR Part 37 (Nondiscrimviation and Equal Opportunity Provisions of the
Workforce Investment Act of 1998);
OMB Circular A-87 (Cost Principles for State and Local Governments);
OMB Circular A-122 (Cost Principles for Non-Profit Organizations);
SF 424B (Assurances for Non-Construction Programs);
Public Law 106-501 (Older Americans Act Amendments of 2000); and
20 CFR Part 64] (Senior Community Service Employment Program, Final Rule)
Exhibit A
Page 7
The PROVIDER must also sign the following certifications fom~s:
Debarment and Suspension Certification
Certification Regazding Lobbying
Drug-Free Workplace Certification and
Certification ofNon-Delinquency
Exhibit A
Page 8
1
COMPENSATION AND PAYMENT SCHEDULE
Compensation and Method of Payment. Subject to the continuing availability of
Federal funds, as set forth in paragraph 1 of the Special Conditions, the STATE agrees fo pay the
PROVIDER, for services satisfactorily performed under this Agreement, a sum not fo:exceed
Two Hundred Seventy Nine Thousand Six Hundred Fifty Seven Dollars ($279,657,00),which
sum is allocated for the purpose of this Agreement as set forth in the Budget attached'heieto as
Attachment 3, which by this reference is made a part hereof Such payments shall include all of
the PROVIDER'S services, materials, supplies, equipment, overhead, taxes, and otheriincidentals
and operating expenses of the PROVIDER for this Agreement that are in accord with #tie Cost
Principles for Purchases of Heahh and Human Services and applicable federal cost principles
listed in OMB Circulars A-87, A-21, A-110 and A-122.
1. The PROVIDER further agrees that no additional fees for services shall be
charged to eligible participants for services provided under the term of.:this
Agreement unless otherwise permitted in writing by the STATE and that the'
inability of the participant to pay the additional fees shall not be used as;the'basis
for non-participation ofthe participant who is otherwise qualified and eligible.
2. Payments shall be made to the PROVIDER in advance monthly installments,
upon submission by the PROVIDER of written requests for payment-based on the
Standazds for Cash Management/Draw-downs in the SCSEP FMM.
3. After the initial payment, subsequent written requests for payment shall be,
preceded by the monthly fiscal and quarterly program progress reports:required
under this Agreement. The STATE shall review these reports to determine the
preliminary appropriateness and allowability of the reported expenditures for
which payment has been requested. The STATE'S preliminary determination of
appropriateness and allowability of the reported expenditures shall be subject to
later verification and subsequent monitoring or audit.
4. The STATE will make payments to the PROVIDER in accordance with the
amounts specified in Attachment 3 for actual expenses incurred in the
performance of this Agreement. Payments will be made only upon presentation
ofinvoices and fiscal reports submitted by the PROVIDER, certifying, to the
satisfaction of the STATE, that the work has been performed in accordance with
this Agreement and payment is requested.
5. Ifthe amount ofreported expenditures is preliminarily determined by the STATE
to be inappropriate and unallowable, the STATE may deduct an equivalent
amount from the next payable installment due and may withhold payment of the
amount of monies equivalent to the questioned expenditures until later resolution
of the discrepancy by audit or other means. I~ after payment of the last
installment, investigation and examination reveal additional expenditures that aze
determined by the STATE to be inappropriate and allowable, the STATE may
Exhibit B
Page 1
require an equivalent amount ofmonies refunded to the STATE notwithstanding
the STATE's prelimniary detemvnation of appropriateness and allowability.
6. This Agreement constitutes approval for the expenditures of funds for specific
items in the budget referred to in Attachment 3. Except as provided below, the
PROVIDER may make revisions between the budgeted line items within the total
budget ofthe program, provided that the funds are used for allowable costs ofthe
program and do not exceed 5% or $2500.00 of the budgeted line item, whichever
is more. Revisions to the line item budget of more than 5% or $2500, whichever
is greater, must be submitted as an Agreement modification request and be
approved by the STATE prior to the expenditure of funds. Items requiring prior
STATE approval include: Object cost categories that are not included in the
original budget and any increase in personnel, equipment, out-of--state travel, and
wnsultan4/contract service categories.
7. Where applicable, the PROVIDER certifies that the service unit of payment under
this Agreement is not greater than the rate the PROVIDER charges to any other
public or private agency or individual, for comparable services.
8. At a minimum, no less than 75% ofthe federal funds allocated for this project
shall be expended for Participant Wages and Fringe Benefits.
9. Ofthe total funds allocated to the PROVIDER for services and activities under
this Agreement, the total admuvstrative costs expended under this Ageement
shall not exceed the administrative cost limit imposed by the STATE.
10. The effective date of this Agreement is the date the United States Department of
Labor Grant Officer executes the Notice ofObligation/Award providing the
STATE funding authority to operate the Senior Community Service Employment
Program for Program Year 2006, or the date of execution of this Agreement by
the STATE, whichever is later. Funds allocated to the PROVIDER under this
Agreement shall be available for expenditure from the effective date of this
Agreement through June 30, 2007, unless the Agreement is extended. Funds
which are not expended by the PROVIDER at the end of the Agreement or the
end of any extension ofthis Agreement, must be returned to the STATE.
Exhibit B
Page 2
' l
N/A
PROVIDER'S
STANDARDS OF CONDUCT DECLARATION
For the purposes of this declazation:
"Agency" means and includes the State, the legisJatwe and its committees, all. _ ,
executive departments, boazds, commissions, committees, bureaus, offices; and.'
all independent commissions and other establishments of the state govemmenf:
but
excluding the courts.
"Controlling interest"means an interest in a business or other undertaking which.
is sufficient in fact to control, whether the interest is greater or less than fifty per-
cent (50%).
"Employee" means any nominated, appointed, or elected officer or employee of
. the State, including members of boards, commissions, and commiriees, 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 ,PROVIDER, the undersigned does
declare as follows: -
1. PROVIDER ? is ? is not a legislator or an employee or a busitess in which a'
legislator or an employee has a controlling interest. (Section 84-] 5(a), HRS):
2. PROVIDER has not been represented or assisted personally in the marier 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), HR5).
3. 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 performarice of this
Contract, if the legislator or employee had 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 a¢ency: ]f the "is"block is checked and if the Contract involves goods or seivices of a value in
excess of $10,000, the Contract may not be awarded unless the agency pose a notice of its intent to award it and
files a copy of the notice with the State Ethics Commission. (Section 84-] 5(a), }lltS).
Ex>iIBIT "C" Revised 2/04
snrs t
- Page I
.
PROVIDER understands that the Contract to which this document is ariached is voidable on
behalf of the STATE if this Contract was entered into in violation of any provision of chapter
84, Hawaii Revised Statutes, commonly refereed to as the Code of Ethics, including the
provisions which are the source of the declarations above. Additionally, any fee, compensation,
gift; or profit received by any person as a result of a violation of the Code of Ethics maybe
recovered by the STATE.
DATED: Honolulu, Hawaii,
PROVIDER
By
(signature
Print Name
Print Title
Name of Provider
Date
81175 12 Revised l/04
- E%HIBIT "C"
Pave ~
,
i
GENERAL CONDITIONS
1, Representations and Conditions Precedent
1.1 Agreement Sub~ct to the Availability of State and Federal Fonds:
1.1.1 State Funds. This Agreement is, at all times, subject to the
appropriation of state funds, and may be terminated vVithout 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 thatas;.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 . `rlin any case,
this Agreement shall not be construed to obligatt :the !STATE to
expend state funds to cover any shortfall created by the unavailability
of anticipated federal funds.
1.2 R_presentations of the PROVIDER. As a necessary wndtion to the
formation of this Agreement, the PROVIDER makes the representations
contained in this paragraph, and the STATE relies upon such representations
as a material inducement to entering into this Agreement.
1.2.1 Compliance with Laws. As of the date of this Agreement, the
PROVIDER complies with all federal, state, and county laws,
ordinances, codes, rules, and regulations, as tht same may be amended
from time to time, that in any way affect the `PROVIDER'S
performance of this Agreement.
1.2.2 i.icensing and Accreditation. As of the date of this Agreement, the
PROVIDER bolds all licenses and accreditations required under
applicable federal, state, and county laws, ordinances, codes and rules
to provide the Required Services under this Agreement.
13 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 )aws
specifical)y enumerated in this paragraph;
Exhibit "D'
GENERAL CONDITIONS
Page 1 Fam AG3-HHSGC(a/99)
1.3.1 5mokin Polity. The PROVIDER shall implement and maintain a
written smoking policy as required by Chapter 328K, Hawaii 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 19$8, 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 se and the Rehabilitation Act
(20 U.S.C. §701, et seg.).
13:4 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
O,'~lE MILLION AND NO/100 DOLLARS (51,000,000.00), or such lesser
amount requested in writing by the PROVIDER and, for good cause shown,
approved by the head of the purchasing agenry, which approval, if any, is
incorporated herein by reference, for bodi]y 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 Hawaii, the purchasing
agenry, and their officers, employees, and agents for any liability arising out
of or resulting from occurrences connected with the PROVIDER's
performance under this Agreement. Prior to or upon execution of this
Agreement, the PROVIDER shall obtain a certificate of insurance verifying
the existence of the necessary liability insurance coverage, including the
coverage of the State of Hawaii, and its officers, employees, and agents. If
the scheduled expiration date of the liability insurance policy is earlier than
the expiration date of the time for performance under this Agreement, the
PROVIDER, upon renewal of the policy, shall promptly cause to be provided
to the STATE an updated certificate of insurance. The certificates of
insurance shall expressly provide that the insurance policy shall not be
cancelled unless the insurance company has first given to the STATE thirty
(30) calendar days' written notice of the intended cancellation.
Exhibit "D`
GENERAL CONDITIONS
Page 2 Fam AG3-Ht75GC(a/99)
• ' I
0
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
procedures for the orderly termination of services to any clients`reveiving the
Required Services under this Agreement, and fot the transition. to servicts
supplied by another provider upon termination of this Agreement, regardless
of the circumstances of such termination. These procedures shall include, at
the IIr7immum, timely notice to such clients of the termination- of this
Agreement, and appropriate counseling. -
1.6 l.2evortingRequirements. 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, director indirect, shall be acquired, that would
or Wright conflict in any manner or degree with the PROVIDER'S
performance under this Agreement.
1.8 Compliance with Mana¢ed Process. If this Agreement was entered into
between July 20, 1998, sand July 1, 2001, and extends beyond June 30, 2001,
it is subject to a single review pursuant to the managed process developed
pursuant to part III, section 6 of Act 230, 1998 Haw. Sess. Laws 785, 787.
Pursuant to the managed process review, this Agreement may be cancelled,
renegotiated, continued, or extended by the State.
2. Documents and Files
2.1 Confidentiality of Material.
2.1.1 All material given to or made available to the PROVIDER by virtue
of this Agreement that is identified as proprietary or confidential
information shall be safeguarded by the PROVIDER.and shall not be
disclosed to any individual or organisation without the prior written
approval of the STATE.
Exhibit "D"
GENERAL CONDITIONS
Page 3 Fam AG3-HHSGC(4/99)
a
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 Riehts and C'opvrieht.-The STATE shall have complete ownership
of all material, both finished and unfinished that is developed, prepaeed,
assembled, or conceived by the PROVIDER pursuant to this Agreement, and
all such material shall be considered 'tivorks made for hire." All such material
shall be delivered to the STATE upon expiration or termination of this
Agreement. Tire STATE, in its sole discretion, shall have the exclusive right
to copyright any product, concept, or material developed; prepared,
assembled, of 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 agenry), 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 agenry 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
ary 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 Hawaii, showing that all delinquent taxes, if any, levied or accrued under
Exhibit "D"
GENERAL CONDITIONS
Page 4 Form AG3-HBSGC(a/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 bolds this Agreement with the STATE, the procurement' officer of the
purchasing agency (hereinafter referred- to as the "Agency.':;. Procurement
Officer") shall, upon receipt of a document acceptab]e or satisfactory to the
Agenry Procurement Officer indicating such change of name such as an
amendment to the PROVIDER'S articles of incorporation, enter into an
amendment to this Agreement with the PROVIDER to effect the change of
name. Such amendment to this Agreement changing the PROVIDER'S name
shall specifically indicate that no .other terms and conditions. of this
Agreement are thereby changed, unless the change of name amendment is
incorporated with a modification or amendment to the Agreement under
Section 4,1 of these general wnditions.
3.4 Independent Contractor Status and Responsibilities..Inc]udine Tax
Responsibt7ities.
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 detat7s 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 Farm AG3-HHSGC(a/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
attn'buted to the STATE, unless .specifically adopted by the
DIRECTOR in writing.
3.4.4 The PROVIDER shall be responsible for the accuracy, wmpleteness,
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 Weir employment.
3.45 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 Hawaii, in accordance. with section
237-9, HRS, or iu successor provision, and shall comply with all
requirements thereof. The PROVIDER shall obtain a tax clearance
certificate from We Director of Taxation, Stau of Hawaii, showing
that all delinquent taxes, if any, levied or accrued under state law
against the PROVIDER have been paid and submit We same to We
STATE prior to commencing any performance under Wis 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
emp]oyees and agents that is or may be required by law, and for
payment of al] premiums, costs, and. other liabilities associated with .
securing the insurance coverage.
Exhibit °0`
GENERAL CONDITIONS
Page 6 Fam AG3-HHSGC(a/99)
~ ~ ~
3S 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. '
35.2 The PROVIDER shall ensure that the PROVIDER'S employees or
agents are experienced and fully qualified to engage in the activities
and perform the services required under this Agreement, and that all .
applicable licensing and operating requirements imposed or required
under federal, state, or county law, and all applicable accreditation and
other standards of quality generally accepted in the field of the
activities of such employees and agenu are complied with and satisfied.
4. Modification and Termination of Agreement
4.1 Modifications of Agreement. .
4.1.1 In writin¢. Any modification, alteration, amendment, change, or
extension of any term, provision, or condition of this Agreement
permitted by this Agreement shall be made by written amendment to
this Agreement, signed by the PROVIDER and the STATE.
4.1.2 No oral modification. No oral modification, alteration, amendment,
change, or extension of any term, provision or condition of this
Agreement shall be permitted.
4.1.3 Tax clearancx. 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 Hawaii, showing that all
delinquent taxes, if any, levied or accrued under state law against the
PROVIDER Lave 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 Las failed to provide the Required Services adequately or
satisfactorily, or (iii) that otter good cause for the whole or partial
termination of this Agreement exists. Termination under this section stall be
Exhibit "D"
GENERAL CONDITIONS
Page 7 Form AG3-HHSGC(4J99)
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 Necessiri 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 fo;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.
4.3 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 Hawaii by the PROVIDER under this
Agreement, or any ,other agreement, or pursuant to a~ law or other
obligation owed to the State of Hawaii 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 We nature and amount 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 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 Hawaii 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
Page 8 Fam AG3-HHSGC(a/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.
S.2 Cost of Liti
a~ lion' In case the STATE shall, without any fault. on its part, be
made a party to any litigation commenced by or against the PROVIDER in
connection with this Agreement, the PROVIDER shall pay".all, costs and
expenses incurred by or imposed on the STATE, including attorneys' fees.
6. Miscellaneous Provisions
6.2 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 Publici Any and all publicity that the PROVIDER may pndertake in
connection with the Required Services, shall be subject to the limitations of
Section 3.4.3 of these General Conditions, and the requirearents of this
section: ,
6.2.1 Acknowledement of State Support. Subject to the limitations of
Section 3.4.3 of these General Conditions, the PROVIDER shall, in
all news releases, public statements, announcements, broadcasu,
posters, programs, computer postings, and other printed, published, or ,
electronically disseminated materials relating to We PROVIDER's
performance under this Agreement, acknowledge the support by the
State of Hawaii and the purchasing agenry through appropriations
made by the Legislature of the State of Hawaii.
6.2.2 Tire 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, fire
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 Fam AG3-HHSGC(4199)
6.3 Section Headines. The section headings appearing in this Agreement have .
been inserted for the purpose of convenience and ready reference. They shall
not be to define, limit or extend the scope or intent of the sections to which
they pertain:
6.4 antitrust Claims. The STATE and the PROVIDER recognize that in actual
economic practice, overcharges resulting from antitrust violations are in fact
usually borne by the purchaser. Therefore, the PROVIDER he>•eby 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 GoverningLaw. 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 Hawaii. 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, Hawaii.
6.6 Conflict between General Conditions and Procurement Rules. In the event
of a conflict between the General Conditions and the Procurement Rules or
a Procurement Directive, the Procurement Rules or any Procurement
Directive in effect on the date this Agreement became effective shall control
and are hereby incorporated by reference.
6.7 Entire Agreement. This Agreement sets forth all of We 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 a. set forth or as referred to herein.
6.8 Severabilitv. In the event that any provision of this Agreement is declared
invalid or unenforceable by a court, such invalidity or unenforceability shall
not affect the validity or enforceability of the remaining terms of this
Agreement.
6.9 Waiver. The failure of the STATE to insist upon the strict compliance with
any term, provision, or condition of this Agreement shall not constitute or be
Exhibit "D"
GENERAL CONDITIONS
Page 10 Fam AG3-HHSGC(a/99)
l ~
deemed to wnstitute a waiver or relinquishment of the ST.4TE'_s' right to
enforce the same in accordance with this Agreement. The'fact'that the
STATE specifically refers to one provision of the ProcurementRules or one
section of the Hawaii Revised Statutes, and does not include ot6eT provisions
or statutory ,sections in this Agreement shall not consdtute;' a ; :waiver or
relinquishment of the STATE's rights'or the PROVIDER's obligations under
the Procuremcnt Rules or statutes:
6.10 Execution in Counterparts. This Agreement may be executed. is several
counterparts, each of which shall be regarded as an original and all of which
shall constitute one instrument.
EXblb7t °D"
GENERAL CONDITIONS
Page l ] Fam AG3-HHSGC(4/99)
1
a i
SPECIAL CONDITIONS
1. AVAII.ABII.TTY OF FEDERAL FUNDS: THIS AGREEMENT
BECOMES VALID, BINDING, AND ENFORCEABLE ONLY
WHEN.THE STATE RECEIVES A NOTICE OF
OBLIGATION/AWARD FROM THE U.S. DEPARTMENT OF
LABOR PROVIDING THE STATE FUNDING AUTHORITY TO
OPERATE PROGRAMS UNDER TITLE V OF THE OLDER
AMERICANS ACT (SENIOR COMMUNITY SERVICE
EMPLOYMENT PROGRAM) FOR THE GRANT PERIOD
BEGINNING JULY 1, 2006 THROUGH .TUNE 30, 2007. WHEN
THIS AGREEMENT BECOMES VALID, BINDING AND
ENFORCEABLE, THIS AGREEMENT IS EFFECTIVE AS OF
JULY 1, 2006 OR THE DATE OF EXECUTION OF THIS
AGREEMENT BY THE DIRECTOR OF LABOR AND
INDUSTRIAL RELATIONS, WHICHEVER IS LATER
2. Failure to Deliver: The inability ofthe PROVIDER to provide the
necessary personnel shall not be an acceptable reason for failure to
wmplete the services required. Failure to complete any part of the
services wntained in Exhibit A, Scope of Services, shall be deemed to be
a total failure to deliver services, entitling the STATE to terminate this
Agreement. The service shall not be deemed delivered or performance
completed, until all elements of each service are delivered and/or
completed and accepted by the STATE.
3. Access to Records: In addition to the requirements stated in Item 2.3 of
the General Conditions, when receiving federal funds under this
Agreement, the PROVIDER shall comply with all regulations and
requirements ofthe U.S. Department of Labor and wmplete all required
forms and documents. The PROVIDER shall allow full access to records,
reports, files, and other documents by Federal representatives directly
connected with the program azea or their duly authorized representatives
so the program, management and fiscal practices of the project maybe
monitored.
County Agency
Exhibit E
Page 1
~ ~
4. Publicity: In addition to the requirements stated in Item 6.2 of the
General Conditions, when issuing statements, press releases, requesfs`for
proposals, bid solicitations, and other documents descnbing project§~or;
programs funded in whole or in part with federal money, the PROVIDER
shall clearly state 1}the percentage of the total costs of the program br
project which will be financed with federal money, 2) the dollar amount of
federal funds for the project or program, and 3) the percentage and:dollar
amounts of the total costs of the project or program that will be finafioed
bynon-governmental sources. The PROVIDER shall also inform he..i.,
STATE of all media contacts about the subject matter of this Agreement.
5. Record Retention: In addition to the requirements stated in Item 2:3 of
the General Conditions, should the date of submission of the final'-
expenditure report under this Agreement be later than the date of fiiial
payment under the Agreement, the PROVIDER and any subcontractor
shall maintain the books and records that relate to the Agreetent aud;any
cost or pricing data for three (3) years from the date of submission,of the
final expenditure report. In the event that any litigation, claim;
investigation, audit, or other action involving the records retained: under
this provision arise, then such records shall be retained for three (3)'years
from the date of final payment, or the date of submission of the final
expenditure report, or the date ofthe resolution ofthe action, whichever .
occurs later.
6. Subcontracts and Assignments: In addition to the requirements .stated in
Item 3.2 ofthe General Conditions, the PROVIDER shall apply the same
standards ofprogram reporting to any assignee or subcontractor. The
PROVIDER shall also insure that the PROVIDER'S assignee or
subcontractor does not engage in discrimination that is protnbited by any
applicable federal, state, or county law. Prior to draw down of fluids by
subcontractors, the subcontractor's budget documents maybe reviewed by
the STATE.
7. Termination of Agreement: In addition to the requirements stated in
Item 4.3 of the General Conditions, if this Agreement is terminated, all
funds not obligated prior to the date oftermination held by the
PROVIDER, under this Agreement shall be immediately returned to the
STATE.
8. Modification of Agreement: In addition to the requirements stated in
Item 4.1 ofthe General Conditions, no amendment, modification,
alteration, change or extension of any term, provision, or condition of this
Agreement maybe made during the last quarter of the Agreement, unless
the STATE initiates or consents to the request for an amendment,
modification, alteration, change or extension of any term, provision, or
Exhibit E
Page 2
1
condition ofthis Agreement. The failure to execute the modification of
Agreement in accordance with this Agreement nullifies the proposed
modification.
9. Fiscal Liability: The PROVIDER shall assume for the U.S. Department
of Labor and the STATE, financial and fiscal liability for the proper
administration of funds received pursuant to the Older Americans Act.
The PROVIDER agrees to reimburse the STATE from non-federal funds
for any funds under this Agreement which are determined by the STATE
or the U.S. Department ofLabor to be disallowed or improperly spent by
the PROVIDER
10. Program Income: The PROVIDER may utilize the "addition method",
(as set forth in OIv1B Circulars A-87, A-21, and A-122), if any program
income is generated throughout the duration of this Agreement. The
PROVIDER is allowed to deduct the costs incident to generating program
income to arrive at the net program income.
11. Equipment: The PROVIDER must request prior approval from the
STATE to purchase equipment with a unit cost of $250 or more and a
usefirl life of one yeaz or more. Upon termination of this Agreement, the
PROVIDER shall arrange fox the transfer to the STATE, all equipment
purchased through funds from Title V of the Older Americans Act. To the
extent possible, all equipment and products purchased with funds made
available under this Agreement should be American made.
12. Code of Conduct: The PROVIDER shall maintain a written code of
standards of conduct governing the performance of their employees
engaged in the Agreement and administration of contracts.
13. Additional Rights: The PROVIDER understands and agrees that the
federal cognizant agency for this Agreement (the U. S. Department of
Labor) shall be accorded the same rights and privileges as the STATE as
described in this Agreement.
14. Campaign Contributions by State and County Contractors:
Contractors are hereby notified of the applicability of Section 11-205.5,
HRS, which states that campaign contributions are prohibited from
specified State and County government contractors during the term of the
contract if the contractors aze paid with funds appropriated by a legislative
body.
15. Deletion of Portions of the Agreement: For the purposes ofthe
Agreement to which this Exhibit E is attached, paragraph 5 of the
Agreement, "Standards of Conduct Declaration", together with the
STANDARDS OF CONDUCT DECLARATION, Exhibit C, aze deleted
Exhibit E
Page 3
~ ~
and the parties agree that paragraph 5 ofthe Agreement and Exhibit C are
not operative.
16. Non-applicable Sections of the General Conditions (Exhibit D) -For
the purpose of this Agreement, the following sections of Exhibit D-," "
General Conditions, shall not be applicable:
Item 1.4
Item 3.4.6
Item 4.1.3
17. Final Reports: In addition to the requirements stated in Item 1.6 of the
General Conditions, the PROVIDER shall submit a completed closeout.,
package witlrin sixty (60) days after the termination of the Agreemen€'
containing the following documents as instructed in the SCSEP FIvINi:
A. Final Subcontractor's Invoice and Final Expenditure Register
B. Subgrantee's Reiease
C. Subgrantee's Assignment of Refunds, Rebates and Credits
D. Inventory Certification and Inventory Lists
E. Special Bank/Financial Account and Bank Statements
a. List ofpossible claimants for unclaimed checks cancelled or
payments stopped
b. Refund Check (with breakdown statement) to include'" .
1. Unliquidated advance payment
2. Aggregate ofunclaimed wages/other outstanding:-
checks
3. Interest earned or owed on government funds
4. Workers compensation other insurance
5. Other refunds
F. Subgrant Closeout Tax Certification
G. Representation Letter
H. Balance Sheet and
I. Other Documents requested by the STATE.
Exhibit E
Page 4