HomeMy WebLinkAboutRES 023 Draft 01 2006-2008 JMtV Os:!4.
4Q~
COUNTY OF HAWAII STATE OF HAWAII
1,~rt Di,N'~~
RESOLUTION NO. 23 ' ° '
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO
AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
AGRICULTURE, PURSUANT TO HRS 46-7, FOR THE COUNTY OF HAWAI`I'S
COQUI FROG ERADICATION AND CONTROL PROGRAM
WHEREAS, the State of Hawaii Legislature enacted Act 160, Session Laws of Hawaii
2006, which appropriated, in part, funding to the State Department of Land and Natural Resources,
the State Department of Agriculture, and the County of Hawaii for their coqui frog eradication and
control efforts, including research; and
WHEREAS, the County of Hawai'i's funding of $1,000,000 from Act 160 has already been
appropriated into the operating budget of FY2006-07; and
WHEREAS, the Department of Agriculture proposes to enter into a contract with the County
of Hawaii and provide the county with a portion of their Act 160 funding; and
WHEREAS, the funding will be used to purchase citric acid anhydrous for the control of the
coqui frog on the Island of Hawaii; and
WHEREAS, the County of Hawaii shall submit to the State, a final report summarizing the
project services completed and a final fiscal report summarizing expenditures included on the
project by March 1, 2007; and
WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments
obtain the consent of the council to enter into agreements with the federal or state governments
respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and
receive any funds or other assistance in connection with projects being or to be undertaken
pursuant to those powers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County
of Hawaii is authorized to execute, on behalf of the County, a Contract for Goods and Services
with the State of Hawaii Department of Agriculture, attached hereto and incorporated herein by
reference as Exhibit "1 to enable the County of Hawaii to use these funds to purchase citric acid
anhydrous.
BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign
the above-referenced agreement and any related documents on behalf of the Office of the Mayor
and the County of Hawaii pursuant to the Hawaii County Charter.
BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit
copies of this resolution to the Office of Management and the Finance Department.
Dated at H; ~ ~ ,Hawaii, this 19th day of January , 2007.
INTJ~ODUCED BY:
COUNCIL MEM E U Y OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii
FORD X
I hereby certify that the foregoing RESOLUTION was by H7GA X
the vote indicated to the right hereof adopted by the HoFFMANN X
COUNCIL of the County of Hawaii on January 19, 2007. IKEDA X
JACOBSON X
ATTEST: NAEOLE g
PILAGO g
YAGONG X
YOSHIMOTO
9 0 0 0
/t ~,y~,,,~~r ~ Reference C-40/FC_16
OUNTY CLERK CHA A &t PRESIDING OFFICE RESOLUTION NO. ~3 ~
JRN-08-2007 13:12 From:PLRNT INDUSTRY DIV 8089739533 To;,808 933 1521 P.2~2
o, STATE OF i~IAWAII
CONTRACT FOR GOODS AND SERVICES
(tN THE FOLLUWINC CATEGORIL+S: RXF.MPT; SMALL. PUBCNASB;
S(.11,E SOURCE' UR EMERGEN(:V~
ar.a.
This Contmet, executed on the respective dates indicated below, is effective as of
bctwan t>epartment of Aturiculture ,
(ln,in m,ma n/,.p,lr+kpwlmrnl, rgvnlry, hooMOl rna,n,,c~,u"J
State of Hawaii ("STATF."), by its Chairperson, Aoard ol'Agriculture
(fn~rN
Ii1le r+(J+Yrsun siRnhry( fpr$(MS~
(hereafter also referred to as the HEAL) OF THE PURCIIASINO AGENCY or designee ("HOYA")),
whose address is 1428 South King Street, Hono{ulu~ Hawaii 96814 _
anJ Court of Hawaii
("C(.)NTRACTOR"), a _ municipal corporation
preen m.r.+.mi.w, (n,Nm'nhip, iuinr rmfun, sdeJmrJirlrurrJ+y+ nr ulhrr Irsagorm q(Me ('rMrnNnrJ
,order Utc Laws of the State of _ Hawaii ,whose business addross and federal
and state taxpayer identification numbers are as fvlluws: 25 Aupuni Steet. Hilo, Hawaii 96720,
Federal IdentiLic;ation No. 99-60005fi7, State Identification No. 30016002
RF,CiTALS
A, The STA'L'E is in need of Utc gucxls and services, or both, described in this
Cuntraea and its attachments. The C(.lN'1'RACTOR is agreeable to providing rho goods end services,
or both, as the cage may br;.
B. This Contract is for (check one box):
® (1)A prtx:urement expenditure of public funds for goods or services,
or both, t}tal is otherwise exempt from public bidding as set forth in section ]03D-102, Hawaii
Revised Statutes ("HRS"), and chapter 3-120, Hawaii Administrative Aules ("HAR"); or
_ _ ; or
? (2) A small purchase procurement of goods or services, or both, a9 set Iurth
in section 1 U3D-3(1.5, WRS, and subchapter 8, chapter 3-122, HAR; or
? (3) A sole source procurement of goods or serv ices, or both, as set titrth
in section 1 U3D-3U6, HRS, and subchapter 9, chapter 3-122, HAR; or
? (4) An emergen4ry procurement of goods or services, or both, as set forth
in section 1 D311-3U7, lilts, and subchapter 10, chapter 3-122, HAR.
C. Money is available to fund this Contract pursuant to:
(I) Act 160, SLH ZUU6, Section 19.5
nr l2)
(Irlrnrify prk•rtl ~wwrtrr)
or both, in the following amounts: Suite $ 140,000.00
F'cdcral $ _ _
D. Pursuant to Suction 141-1(3), HRS ,the STATE
(Lqd uufJuwllY h+enlrr inlu UIIJComarW
is authorized to enter into this Contract.
E. The agency's Chief Yrocurcmcnt Officer is Aaron S, Fuiivka _
who ? has approved this ptwurement or ®is not reyuired to approve this procurement.
NOW, "1'HEREFURE, in wnsideraHon of the promises contained in this Contract, the
S`IAfE and the CONTRACTOK agree as t'vlluws:
1. Scope of,-. erviccs. The CONTRACTOR shall, in a proper and satisfactory
mannor as determined try the STATE, provide all the goods or services, or berth, set forth in Attachment-
s ],which is made a part of this Contract.
1
ncnnz Rea mnanoon
DEC-15-2006 09:17 From:PLFaNT INDUSTRY DIU 8089739533 To:808 933 1521 P.3~7
2. Com ensntion. The CONTRACTOR shall he compensated for goods J
supplied or services performed, or both, under this Contract in a total amount trot to exceed v
ONL' HUNDRED FORTY THOUSAND ANI) UO/100 DOLLARS
including approved cods incurred and taxes, according to the Compensation and ~j
Payment Schedule act. frrrlh in Attachment-S2, which is made a part of this Contract.
3. Time of Perfannanee. 'fhc s~rrices or goods required of the CONTRA(TOR
under this Contract shall he performed and completed in accordnnce with the Time of Perfontanec set
forth mAttachment-S3, Which is made a part of this Contract.
4. ~ cods. The CONTRACTOR ? is required to provide or ? is not required to
provide: ? a performance bond, ? u payment bond, ? a pcrtormanee and payment bond in the
amount of _ I~LLARS (S
5. tandards of Conduct Declaration. The Standards of Ct>nduct Declaration of the
CONTRACTOR is attached to and made a earl of this Contract.
G. Utlter Tarns and Conditions, 'I'hc Ucneral Conditions and any Special
Conditions are attached to and made a part of this Contract. in the event of a conflict between the.
General Conditions and the tipecial Clonditions•, the Special Conditions shall coulrul.
7. Li uidate Damages. Liquidated rlarnagcs shall he assessed in the amount of
N/A DOLLARS
0.00 )per day, in accordance with the terms of paragraph 9 of the General Conditions.
8. N~ticea. Any written notice required to he given by any patty M this Contract
shat I he (a) delivered personally, ur (b) sent by United States first class mail, postage prtpaid. Notice [n
the STATE shall be sent to the HOPA'S address indicated in the Contract. Notice w the CONTRACTOR
shall be sent to the CC)N'I'RAC:TOR'S address indicated in the Contract. A nulice shall be tlccmed to
have been receivul three (3) days after mailing or at the tints of actual receipt, whichever is earlier. The
C'UN'I'RAC'1'OR is responsible for notifying the STATN in writing of any change of nddrCSS.
IN VIEW OF THE A130vb", the parties execute this Contract by their signatures, on the
dates below, to be effective as of the dtttc first above written.
SIAlN.
(.CiynnMrr/ '
Sandtn Lee Kunimooto
Chairperson, Board of Agriculture
rPd„r r;u,:J
(Data)
corv') RACTOR
( DRF'()It.A l F. tiF AI
l l f at ailable) County of l-Iawaii
(Nome oJ'G'onlrattnq ~ "
(J'fgrranne)
(Pool NnnKl
lP.nd TVhtl
(nrdn) -
APPROVED AS TO FORM:
Deputy Attorney Cenerttl
M
widenee of authority of [hz CONTRAt]TgR'S at,rcSCnMttve to Sign this Contract fur the CON'1'ttACtOR muss he aturhod.
a
DEC-15-2006 09:17 From:PLRNT INDUSTRY DIV 6089739533 To:808 933 1521 P.7~7
1Ynp • Y~
"-r _ STATE OF HAWAll pR AFT
Y ~ CONTRACTOR'S
~wa,`;m;;,~,x
~ STAND.ARDS OF CONDUCT D~;CLARATiON
Por the purposes of this declaration:
"Agency" rncarts and includes the State, the legislatrre arul its committees, all ext:culive
departments, boards, commissions, conmtttees, bureaus, offices; and all independent
convnissions and other establishmcnls of the state government hr4 excluding the courts.
"Controlling Intel'eAt° means an interest in a business of other untlcrlaking which is sut]:icicnl in
fact to control, whether the. interest is greater or less than filly per cent (',S(1%).
'Bmpluyce" means any nominated, appointed, or elected officer nr employce of the State,
including members of hoards, conunissiuns, and committees, and crnployees under contact lu
the Slalc ur of the constitutional convention, I»rt excluding legislators, delclalcs to the
constitutional convention, justices, and judges. (Section 84-3, HRS).
On behalf of County of Hawaii , CUNTRACTOk, the
undcrsigrlal does declare as tbllows:
I. CONTRAC'T'OR ? is ? is not a legislator ur an employee or a business in which a legislator
ur an unplvycc has a controlling interest. (5cctirm R4-15(a), tIRS).
2. CONTRACTOR has not been represented rrr assisted pa'sonally in the matter by an individual
who has been an employee of the aguncy awarding this Contract within the preceding two years
and whet participated while so employed in the matter with whioh the Contract is directly
conccrned.(Sectiou 84-15(b),IIRS).
3. CONTRACTOR has nut burn assisted or represented by a le.gislatur or employee fur a foe. or other
compensation to obtain this Contract a.nd will not be assisted nr represented by a legislator or
employee fora. tee or other curnpensalion in the perfrnrtancc of this Contract, if the legislator or
employee had been involved in the development or award of the Contract. (Section R4-IA (d),
I IRS).
4. CONTRACTOR has not heen represented on matfcry related to this Contract, for a fee or other
consideration by an individual who, within the pasC twelve (I?) months, has been an aqurcy
employee, or in the case of the Legislature, a legislator, and participated while an crnpluyee or
legislator nn matters related to this Contract. (Sections 84-I R(b) and (c), k1RS).
C'(~NTRAC;TOR underalxnds that the Contract to which this document. is xllached is voidable on behalf
of the. STATE if this Contract was entered into bt violation of any provision of chapter 84, llawaii
Revised Statutes, commonly referred to ae the Cudc ul` Ethics, including the provisions which ore the
sour<e of the declarations above. Additionally, any fee, compensaton, gitl, or profit received by any
person as a result of a violation of the Code of Ethics stay be rcatvered by the S"I'A'I'E.
CONTRACTOR
By
(~Y7xnmurel
Plint Name
Print Title
Name of Contractor County of Hawaii `
hate
Nemmder to
A~+
ynyrr,yv: tC the "is" block is chcckcrf and it' the Concoct inv0)veS ltoudv nr servicts of a value in excess oi"
~'~Ill,(N)(l, thn (AntrACt must t,o awarded by cunipelilivc sculcd bidding under section 103[)-302, Fitly, or a competitive seulul
pn?Fulyal under section lUlll-3U7, 1IRS. (Rherwise, the Agengy muy not award the Contract unless it pnn~a a notice of ity intent
to award it wid Plen a urpy of the nnticp wuh the State Gthie5 Conani5Si0u. (Section $4-15(a), HRS).
Af'i-010 Rev I VIS x(105 1
DEC-15-2006 09:17 From:PLANT INDUSTRY DIU 8089739533 To:806 933 1521 P.4~7
• Attachment- Sl
/ • STATE OF IiAWAll
SCOAF OF Sk:RV1CES DRAFT
The CONTRACTOR shall, in a satisfactory and proper manner as determined by the STATT? and in
accordance with the terms and conditions of the Contract, purchase citric acid anhydrous for the cvntrvl of the
coyui liok on the Island of TTawaii.
The CON"I'KAC:'fOR shall purchase the citric acid anhydrous following all applicable County of Hawair
curnpctilive bid and procurement procedures.
Tl,c CONTRACTOR shall purchase ONP, HUNll12B,D FORTY TI'IOUSANU AND 00/140 DOLT.AIZS
($140,000.40) of citric acid anhydrous ul'a made, quality and packaging as spvcilied below.
product Specification
Citric Acid, Anhydrous
SII p0uncl bags
Synonym: 2-hydruxy-1,2,3-Fropanetricarboxylic acid
CA5 No.: 77-92-9
Molecular weight: 19'1.12
Chemical Formula: H3C6T-1507
The citric acid anhydrous shall be used by the County of Hawaii and authorized state and lcdcral agencies for the
contml of cnqui frogs on the Island of Hawaii in pruKram efforts coordinated by the. Iiawaii Departnrcm of
Agricuhun: and Cormty of Hawaii with field and staff support from the United Slates Departraenl ofAl,Riculture,
Animal and Flant Health inspection Service.
The CONTRACTOR shall submit to the STA'I'N by March 1, 2007, a final report sunrmu'izurK the services
completed and sumnuiriring expcndiuires made under the Contract.
_ - 1
DEC-15-2006 09:17 From:PLANT INDUSTRY DIU 8089739533 To:808 933 1521 P.5~7
~tV, AC[aCIt111Cl1t-tit
~ sTnTr, of xAwA><r
COMPENSATION AND PAYMENT SCAI'JDULE
DRAFT
The total sum payable b the CONTRACTOR us compensation for the service8 required under the
C;amrACt lu the salisl:aclion of the. Slate is ONC HUNURI;U FORTY THOUSAND ANU Iltlll U0 DOLLARS
($140,000.00). Payment of the total compensation shell be made in the form of a lump suro payment in the
following manner;
ON8 HUNDRED FORTY THOUSANll AND UU/100 DOLLARS ($140,000.00) payable upon [hc
submission of[he final report.
The S'I'A'I'h;'s obligation to make prryrncrtl will arise only upon receipt of an invoice in MPlicate 1'rurn the
CONTRACTOR and upon the STATL's dctcmiination that the work for which payment is requested has been
satisfactorily performed.
1
e o ~ Mq
Attachment - S3
m` ~ } STATE OF HAWAII
1
~~~,,..__...-~@ TIME OF PERFORMANCE
1. Services: The task described in Attachment S 1 shall be performed between the date of execution of this
Contract and March 1, 2007.
2, Report:
The CONTRACTOR shall submit to the State a final report as described in Attachment S 1 on or before
March 1, 2007.
AG-013 Rev 11/15/2005 1
DEC-15-2006 09:17 Prom:PLRNT INDUSTRY DIU 8089739533 To:808 933 1521 P.6~7
R~ o~,H,
a gee. ~ AttaChnlCllt - SS
STATE OF HAWAll
SPECIAL CONDI'1'14NS DRAFT
~'e•mn~d
The CONTRACTOR agrees to: (a) mention the STATE, as outlined below, on all news releases and
other informational materials and publications regarding the service perfiirmcJ under the Contract; and (h) send
the STATE copies ofall such materials simultaneously with their rclcasc to the public. In any sucb.promotional
material, the STA'1`f? shall he mentioned with such terms as "in cooperation with the State ol'IIawaii Departnrenl
01 Agriculture." ur "produced with funds from the State of Hawaii pepartrnuu of Agriculture", or variam;e thereof.
1