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HomeMy WebLinkAboutRES 080 Draft 01 2006-2008 ~1~SY os N~k- t7:'~~:, ~ L~JiQi COUNTY OF HAWAII STATE OF HAWAII --a~4"J i ~ ~t~ Yi •MAJ~ RESOLUTION NO. ~ Q7 RESOLUTION TO AMEND RESOLUTION NO. 23-07 BY CHANGING THE FINAL REPORTING REQUIREMENT OF THE COUNTY OF HAWAI`I'S COQUI FROG ERADICATION AND CONTROL PROGRAM WITH THE STATE OF HAWAII DEPARTMENT OF AGRICULTURE WHEREAS, Resolution No. 23-07 was adopted by the Council of the County of Hawaii on January 19, 2007; and WHEREAS, Resolution No. 23-07 authorized 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; and 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 Department of Agriculture proposed to enter into a contract with the County of Hawaii and provide the county with a portion of their Act 160 funding for the purchase of citric acid anhydrous for the control of the Coqui frog on the Island of Hawaii; and WHEREAS, at the request of the State Attorney General's Office, 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 is now due by May 1, 2007 and not March 1, 2007. 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 Kona ,Hawaii, this 22nd day of February , 2007. INTR UCED BY: (M^- COUNCIL MEMBER, C N OF AWAIT 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 HIGA X the vote indicated to the right hereof adopted by the HOFPMANN g COUNCIL of the County of Hawaii on February 22, 200.7. [xEDA X JACOBSON g ATTEST: NAEOLE X PILAGO YAGONG X YOSHIMOTO 5 0 4 0 7 Reference C-185/Waived FC C CPJ TY CLERK CHAIRMAN SIDING OFFICER RESOLUTION NO. ~ ,,~/'`"95AN, STATE OF HAWAII t / CONTRACT FOR GOODS AND SERVICES J~ ~IN THE FOLLOWING CATEGORIES: EXEMPTg SMALL PURCHASEI ~'9.y.a~_A;p/"'°~ SOLE SOURCE, OR EMERGENCY This Contract, executed on the respective dates indicated below, is effective as of ,between Department of Agriculture , (Insert name ofsmte deportment, agency, board or commission) State of Hawaii ("STATE"), by its Chairperson, Board of Agriculture , (Insert [ide ofperson si~ingfor SmreJ (hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee ("HOPA")), whose address is 1428 South King Street, Honolulu, Hawaii 96814 and County of Hawaii ("CONTRACTOR"), a municipal corporation (/nsett corporation, partnership, joint venture, sole proprietorship. or other (ego/form of the Contractor) under the laws of the State of Hawaii ,whose business address and federal and state taxpayer identification numbers are as follows: 25 Aupuni Street, Hilo, Hawaii 96720 Federal Identification No. 99-6000567, State Identification No. 30016002 RECITALS A. The STATE is in need of the goods and services, or both, described in this Contract and its attachments. The CONTRACTOR is agreeable to providing the goods and services, or both, as the case may be. B. This Contract is for (check one box): ® (1) A procurement expenditure of public funds for goods or services, or both, that is otherwise exempt from public bidding as set forth in section 103D-102, Hawaii Revised Statutes ("HRS"), and chapter 3-120, Hawaii Administrative Rules ("HAR"); or or ? (2) A small purchase procurement of goods or services, or both, as set forth in section 103D-305, HRS, and subchapter 8, chapter 3-122, HAR; or ? (3) A sole source procurement of goods or services, or both, as set forth in section ] 03D-306, HRS, and subchapter 9, chapter 3-122, HAR; or ? (4) An emergency procurement of goods or services, or both, as set forth in section 103D-307, HRS, and subchapter ] 0, chapter 3-122, HAR. C. Money is available to fund this Contract pursuant to: (1) Act 160, SLH 2006, Section 19.5 pden(rfy state sonrcesJ or (2) pdent jy federal sources) or both, in the following amounts: State $ 140,000.00 Federal $ D. Pursuant to Section 141-1(3),HRS ,the STATE (Legal authority m enmr into (his Controc(J is authorized to enter into this Contract. E. The agency's Chief Procurement Officer is Aaron S. Fujioka who ? has approved this procurement or ®is not required to approve this procurement. NOW, THEREFORE, in consideration of the promises contained in this Contract, the STATE and the CONTRACTOR agree as follows: I. Scone of Services. The CONTRACTOR shall, in a proper and satisfactory manner as determined by the STATE, provide all the goods or services, or both, set forth in Attachment- Sl, which is made a part of this Contract. EXHIBIT "I" 1 er._nm v a.~ m r~annn~ 2. Compensation. The CONTRACTOR shall be compensated for goods supplied or services performed, or both, under this Contract in a total amount not to exceed ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS 140,000.00 including approved costs incurred and taxes, according to the Compensation and Payment Schedule set forth in Attachment-S2, which is made a part of this Contract. 3. Time of Performance. The services or goods required of the CONTRACTOR under this Contract shall be performed and completed in accordance with the Time of Perfomance set forth in Attachment-S3, which is made a part of this Contract. 4. Bonds. The CONTRACTOR ? is required to provide or ? is not required to provide: ? a performance bond, ? a payment bond, ? a performance and payment bond in the amount of DOLLARS 5. Standards of Conduct Declaration. The Standards of Conduct Declaration of the CONTRACTOR is attached to and made a part of this Contract. 6. Other Terms and Conditions. The General Conditions and any Special Conditions are attached to and made a part of this Contract. In the event of a conflict between the General Conditions and the Special Conditions, the Special Conditions shall control. 7. Liquidated Damages. Liquidated damages shall be assessed in the amount of N/A DOLLARS 0.00 )per day, in accordance with the terms of paragraph 9 of the General Conditions. 8. Notices. Any written notice required to be given by any party to this Contract shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid. Notice to the STATE shall be sent to the HOPA'S address indicated in the Contract. Notice to the CONTRACTOR shall be sent to the CONTRACTOR'S address indicated in the Contract. A notice shall be deemed to have been received three (3) days afrer mailing or at the time of actual receipt, whichever is earlier. The CONTRACTOR is responsible for notifying the STATE in writing of any change of address. IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on the dates below, to be effective as of the date first above written. STATE tSignatnreJ Sandra Lee Kunimoto (Print Name) Chairperson, Board of Agriculture (Print TiUeJ (Dp1eJ CONTRACTOR COI2PORA`1'E SEAL (If avails blc) County of Hawaii (Name of Contractor) (SiSmamref (Prln( Name) 8 (Print TrtleJ (Dale) APPROVED AS TO FORM: Deputy Attorney General Evidence of authority of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR must be attached. 2 AG-002 Rev 07242006 :j"` STATE OF HAWAII a •~\~a''x'% ~ % CONTRACTOR'S STANDARDS OF CONDUCT DECLARATION For the purposes of this declazation: "Agency" means and includes the State, the legislature and its committees, all executive departments, boazds, commissions, committees, bureaus, offices; and all independent commissions and other establishments of the state government but excluding the courts. "Controlling interest" means an interest in a business or other undertaking which is sufficient in 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, andjudges. (Section 84-3, HRS). On behalf of County of Hawaii ,CONTRACTOR, the undersigned does declare as follows: 1. CONTRACTOR ? 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. CONTRACTOR has not been represented or assisted personally in the matter by an individual who has been an employee of the agency awazding 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). 3. CONTRACTOR 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 had been involved in the development or award of the Contract. (Section 84-14 (d), HRS). 4. CONTRACTOR 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). CONTRACTOR understands that the Contract to which this document is attached 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 referred to as the Code of Ethics, including the provisions which are the source of the declarations above. Additionally, any fee, compensation, gift, or profit received by any person as a result of a violation of the Code of Ethics may be recovered by the STATE. CONTRACTOR ay Print Name Print Title Name of Contractor County of Hawaii Date AG-010 Rev 11/15/2005 1 S~+• Mq 0~. • ' STATE OF HAWAII ~ ~ CONTRACTOR'S ACKNOWLEDGMENT ~~s~®~.. STATE OF ) SS. COUNTY OF ) On this day of before me appeazed and , to me known, to be the person(s) described in and, who, being by my sworn, did say that he/she/they is/aze a of ,the CONTRACTOR named in the foregoing ins ent, and that he/she/they is/aze authorized to sign said instrument on behalf of the CONTRAC R, and acknowledges that he(she(they executed said instrument as the free act and deed of th ONTRACTOR. (Signature) iNi <rySeali (Print Nomef Notary Public, State of My commission expires: AG-009 Rev l1/!5/2005 1 ,tom ,G 6D ~ ~ ~ Attachment - Sl STATE OF HAWAII SCOPE OF SERVICES The CONTRACTOR shall, in a satisfactory and proper manner as determined by the STATE and in accordance with the terms and conditions of the Contract, purchase citric acid anhydrous for the control of the coqui frog on the Island of Hawaii. The CONTRACTOR shall purchase the citric acid anhydrous following all applicable County of Hawaii competitive bid and procurement procedures. The CONTRACTOR shall purchase ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00) of citric acid anhydrous of a grade, quality and packaging as specified below. Product Specification: Citric Acid, Anhydrous 50 pound bags Synonym: 2-hydroxy-1,2,3-Propanetricazboxylic acid CAS No.: 77-92-9 Molecular weight: 192.12 Chemical Formula: H3C6H507 The citric acid anhydrous shall be used by the County of Hawaii and authorized state and federal agencies for the control of coqui frogs on the Island of Hawaii in program efforts coordinated by the Hawaii Department of Agriculture and County of Hawaii with field and staff support from the United States Department of Agriculture, Animal and Plant Health Inspection Service. The CONTRACTOR shall submit to the STATE by May 1, 2007, a final report summarizing the services completed and summarizing expenditures made under the Contract. AG-011 Rev 0728/2005 1 S~ OI N9 4/~'~~DSy~~'~;, Attachment - S2 1 ~ ~ ; STATE OF HAWAII COMPENSATION AND PAYMENT SCHEDULE The total sum payable to the CONTRACTOR as compensation for the services required under the Contract to the satisfaction of the State is ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00). Payment of the total compensation shall be made in the form of a lump sum payment in the following manner: ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00) payable upon the submission of the final report. The STATE's obligation to make payment will arise only upon receipt of an invoice in triplicate from the CONTRACTOR and upon the STATE's determination that the work for which payment is requested has been satisfactorily performed. AG-012 Rev 11/15/2005 1 ~/'~'~~~'b,", + Attachment - S3 / ~ STATE OF HAWAII ~ f TIME OF PERFORMANCE I. Services: The task described in Attachment S 1 shall be performed between the date of execution of this Contract and May 1, 2007. 2. Report: The CONTRACTOR shall submit to the State a final report as described in Attachment S 1 on or before May 1, 2007. AG-013 Rev 11/15/2005 I ~ ~ Attachment - SS b STATE OF HAWAII --.~,1~ SPECIAL CONDITIONS The CONTRACTOR agrees to: (a) mention the STATE, as outlined below, on all news releases and other informational materials and publications regarding the service performed under the Contract; and (b) send the STATE copies of all such materials simultaneously with their release to the public. In any such promotional material, the STATE shall be mentioned with such terms as "in cooperation with the State of Hawaii Department of Agriculture" or "produced with funds from the State of Hawaii Department of Agriculture", or variants thereof. AG-015 Rev 11/152005 1 ~1~SY os N~k- t7:'~~:, ~ L~JiQi COUNTY OF HAWAII STATE OF HAWAII --a~4"J i ~ ~t~ Yi •MAJ~ RESOLUTION NO. ~ Q7 RESOLUTION TO AMEND RESOLUTION NO. 23-07 BY CHANGING THE FINAL REPORTING REQUIREMENT OF THE COUNTY OF HAWAI`I'S COQUI FROG ERADICATION AND CONTROL PROGRAM WITH THE STATE OF HAWAII DEPARTMENT OF AGRICULTURE WHEREAS, Resolution No. 23-07 was adopted by the Council of the County of Hawaii on January 19, 2007; and WHEREAS, Resolution No. 23-07 authorized 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; and 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 Department of Agriculture proposed to enter into a contract with the County of Hawaii and provide the county with a portion of their Act 160 funding for the purchase of citric acid anhydrous for the control of the Coqui frog on the Island of Hawaii; and WHEREAS, at the request of the State Attorney General's Office, 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 is now due by May 1, 2007 and not March 1, 2007. 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 , Hawaii,}t~his day of , 2007. INI~ODUCED BY: ~~\J\ COUNCIL MEMBER, U F HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii FORD I hereby certify that the foregoing RESOLUTION was by HIGA the vote indicated to the right hereof adopted by the HOFFMANN COUNCIL of the County of Hawaii on IKEDA IACOBSON ATTEST: NAEOLE P[LAGO YAGONG YOSHIMOTO Reference C-185/Waived FC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. BQ 07 ,,~/'`"95AN, STATE OF HAWAII t / CONTRACT FOR GOODS AND SERVICES J~ ~IN THE FOLLOWING CATEGORIES: EXEMPTg SMALL PURCHASEI ~'9.y.a~_A;p/"'°~ SOLE SOURCE, OR EMERGENCY This Contract, executed on the respective dates indicated below, is effective as of ,between Department of Agriculture , (Insert name ofsmte deportment, agency, board or commission) State of Hawaii ("STATE"), by its Chairperson, Board of Agriculture , (Insert [ide ofperson si~ingfor SmreJ (hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee ("HOPA")), whose address is 1428 South King Street, Honolulu, Hawaii 96814 and County of Hawaii ("CONTRACTOR"), a municipal corporation (/nsett corporation, partnership, joint venture, sole proprietorship. or other (ego/form of the Contractor) under the laws of the State of Hawaii ,whose business address and federal and state taxpayer identification numbers are as follows: 25 Aupuni Street, Hilo, Hawaii 96720 Federal Identification No. 99-6000567, State Identification No. 30016002 RECITALS A. The STATE is in need of the goods and services, or both, described in this Contract and its attachments. The CONTRACTOR is agreeable to providing the goods and services, or both, as the case may be. B. This Contract is for (check one box): ® (1) A procurement expenditure of public funds for goods or services, or both, that is otherwise exempt from public bidding as set forth in section 103D-102, Hawaii Revised Statutes ("HRS"), and chapter 3-120, Hawaii Administrative Rules ("HAR"); or or ? (2) A small purchase procurement of goods or services, or both, as set forth in section 103D-305, HRS, and subchapter 8, chapter 3-122, HAR; or ? (3) A sole source procurement of goods or services, or both, as set forth in section ] 03D-306, HRS, and subchapter 9, chapter 3-122, HAR; or ? (4) An emergency procurement of goods or services, or both, as set forth in section 103D-307, HRS, and subchapter ] 0, chapter 3-122, HAR. C. Money is available to fund this Contract pursuant to: (1) Act 160, SLH 2006, Section 19.5 pden(rfy state sonrcesJ or (2) pdent jy federal sources) or both, in the following amounts: State $ 140,000.00 Federal $ D. Pursuant to Section 141-1(3),HRS ,the STATE (Legal authority m enmr into (his Controc(J is authorized to enter into this Contract. E. The agency's Chief Procurement Officer is Aaron S. Fujioka who ? has approved this procurement or ®is not required to approve this procurement. NOW, THEREFORE, in consideration of the promises contained in this Contract, the STATE and the CONTRACTOR agree as follows: I. Scone of Services. The CONTRACTOR shall, in a proper and satisfactory manner as determined by the STATE, provide all the goods or services, or both, set forth in Attachment- Sl, which is made a part of this Contract. EXHIBIT "I" 1 er._nm v a.~ m r~annn~ 2. Compensation. The CONTRACTOR shall be compensated for goods supplied or services performed, or both, under this Contract in a total amount not to exceed ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS 140,000.00 including approved costs incurred and taxes, according to the Compensation and Payment Schedule set forth in Attachment-S2, which is made a part of this Contract. 3. Time of Performance. The services or goods required of the CONTRACTOR under this Contract shall be performed and completed in accordance with the Time of Perfomance set forth in Attachment-S3, which is made a part of this Contract. 4. Bonds. The CONTRACTOR ? is required to provide or ? is not required to provide: ? a performance bond, ? a payment bond, ? a performance and payment bond in the amount of DOLLARS 5. Standards of Conduct Declaration. The Standards of Conduct Declaration of the CONTRACTOR is attached to and made a part of this Contract. 6. Other Terms and Conditions. The General Conditions and any Special Conditions are attached to and made a part of this Contract. In the event of a conflict between the General Conditions and the Special Conditions, the Special Conditions shall control. 7. Liquidated Damages. Liquidated damages shall be assessed in the amount of N/A DOLLARS 0.00 )per day, in accordance with the terms of paragraph 9 of the General Conditions. 8. Notices. Any written notice required to be given by any party to this Contract shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid. Notice to the STATE shall be sent to the HOPA'S address indicated in the Contract. Notice to the CONTRACTOR shall be sent to the CONTRACTOR'S address indicated in the Contract. A notice shall be deemed to have been received three (3) days afrer mailing or at the time of actual receipt, whichever is earlier. The CONTRACTOR is responsible for notifying the STATE in writing of any change of address. IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on the dates below, to be effective as of the date first above written. STATE tSignatnreJ Sandra Lee Kunimoto (Print Name) Chairperson, Board of Agriculture (Print TiUeJ (Dp1eJ CONTRACTOR COI2PORA`1'E SEAL (If avails blc) County of Hawaii (Name of Contractor) (SiSmamref (Prln( Name) 8 (Print TrtleJ (Dale) APPROVED AS TO FORM: Deputy Attorney General Evidence of authority of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR must be attached. 2 AG-002 Rev 07242006 :j"` STATE OF HAWAII a •~\~a''x'% ~ % CONTRACTOR'S STANDARDS OF CONDUCT DECLARATION For the purposes of this declazation: "Agency" means and includes the State, the legislature and its committees, all executive departments, boazds, commissions, committees, bureaus, offices; and all independent commissions and other establishments of the state government but excluding the courts. "Controlling interest" means an interest in a business or other undertaking which is sufficient in 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, andjudges. (Section 84-3, HRS). On behalf of County of Hawaii ,CONTRACTOR, the undersigned does declare as follows: 1. CONTRACTOR ? 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. CONTRACTOR has not been represented or assisted personally in the matter by an individual who has been an employee of the agency awazding 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). 3. CONTRACTOR 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 had been involved in the development or award of the Contract. (Section 84-14 (d), HRS). 4. CONTRACTOR 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). CONTRACTOR understands that the Contract to which this document is attached 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 referred to as the Code of Ethics, including the provisions which are the source of the declarations above. Additionally, any fee, compensation, gift, or profit received by any person as a result of a violation of the Code of Ethics may be recovered by the STATE. CONTRACTOR ay Print Name Print Title Name of Contractor County of Hawaii Date AG-010 Rev 11/15/2005 1 S~+• Mq 0~. • ' STATE OF HAWAII ~ ~ CONTRACTOR'S ACKNOWLEDGMENT ~~s~®~.. STATE OF ) SS. COUNTY OF ) On this day of before me appeazed and , to me known, to be the person(s) described in and, who, being by my sworn, did say that he/she/they is/aze a of ,the CONTRACTOR named in the foregoing ins ent, and that he/she/they is/aze authorized to sign said instrument on behalf of the CONTRAC R, and acknowledges that he(she(they executed said instrument as the free act and deed of th ONTRACTOR. (Signature) iNi <rySeali (Print Nomef Notary Public, State of My commission expires: AG-009 Rev l1/!5/2005 1 ,tom ,G 6D ~ ~ ~ Attachment - Sl STATE OF HAWAII SCOPE OF SERVICES The CONTRACTOR shall, in a satisfactory and proper manner as determined by the STATE and in accordance with the terms and conditions of the Contract, purchase citric acid anhydrous for the control of the coqui frog on the Island of Hawaii. The CONTRACTOR shall purchase the citric acid anhydrous following all applicable County of Hawaii competitive bid and procurement procedures. The CONTRACTOR shall purchase ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00) of citric acid anhydrous of a grade, quality and packaging as specified below. Product Specification: Citric Acid, Anhydrous 50 pound bags Synonym: 2-hydroxy-1,2,3-Propanetricazboxylic acid CAS No.: 77-92-9 Molecular weight: 192.12 Chemical Formula: H3C6H507 The citric acid anhydrous shall be used by the County of Hawaii and authorized state and federal agencies for the control of coqui frogs on the Island of Hawaii in program efforts coordinated by the Hawaii Department of Agriculture and County of Hawaii with field and staff support from the United States Department of Agriculture, Animal and Plant Health Inspection Service. The CONTRACTOR shall submit to the STATE by May 1, 2007, a final report summarizing the services completed and summarizing expenditures made under the Contract. AG-011 Rev 0728/2005 1 S~ OI N9 4/~'~~DSy~~'~;, Attachment - S2 1 ~ ~ ; STATE OF HAWAII COMPENSATION AND PAYMENT SCHEDULE The total sum payable to the CONTRACTOR as compensation for the services required under the Contract to the satisfaction of the State is ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00). Payment of the total compensation shall be made in the form of a lump sum payment in the following manner: ONE HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($140,000.00) payable upon the submission of the final report. The STATE's obligation to make payment will arise only upon receipt of an invoice in triplicate from the CONTRACTOR and upon the STATE's determination that the work for which payment is requested has been satisfactorily performed. AG-012 Rev 11/15/2005 1 ~/'~'~~~'b,", + Attachment - S3 / ~ STATE OF HAWAII ~ f TIME OF PERFORMANCE I. Services: The task described in Attachment S 1 shall be performed between the date of execution of this Contract and May 1, 2007. 2. Report: The CONTRACTOR shall submit to the State a final report as described in Attachment S 1 on or before May 1, 2007. AG-013 Rev 11/15/2005 I ~ ~ Attachment - SS b STATE OF HAWAII --.~,1~ SPECIAL CONDITIONS The CONTRACTOR agrees to: (a) mention the STATE, as outlined below, on all news releases and other informational materials and publications regarding the service performed under the Contract; and (b) send the STATE copies of all such materials simultaneously with their release to the public. In any such promotional material, the STATE shall be mentioned with such terms as "in cooperation with the State of Hawaii Department of Agriculture" or "produced with funds from the State of Hawaii Department of Agriculture", or variants thereof. AG-015 Rev 11/152005 1