HomeMy WebLinkAboutRES 261 Draft 01 2008-2010
COUNTY OF HAWAI'I STATE OF HAWAI'I
RESOLUTION NO. 261 09
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER
INTO AN AGREEMENT WITH THE STATE OF HAWAI'I DEPARTMENT
OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM,
PURSUANT TO HRS 46-7, TO DEVELOP A MASTER PLAN FOR THE
NORTH KOHALA AGRICULTURAL PROCESSING FACILITY
WHEREAS, the State of Hawai'i Department of Business, Economic
Development, and Tourism has authorized funding for the Hawaj'j County Department of
Research and Development's to develop a master plan for the North Kohala Agricultural
Processing Facility; and
'WHEREAS, the North Kohala Agricultural Processing Facility will serve the
community by enabling farmers to process taro into poi and their vegetables into value
added products; and
WHEREAS, the facility will also serve as a distribution center with refrigerated
storage facilities, and a place to hold meetings and classes; and
WHEREAS, the funds, derived from a federal grant, will be used to hire a
contractor to develop the master plan; and
WHEREAS, Hawai'i 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 HAWAI'I, in accordance with section 46-7, Hawai'i Revised Statutes, that the Mayor
of the County of Hawai'i is authorized to execute, on behalf of the County, a Contract for
Goods and Services with the State of Hawai'i Department of Business, Economic
Development, and Tourism, ,attached hereto and incorporated herein by reference as
Exhibit "A", to enable the County to develop a master plan for the North Kohala
Agricultural Processing Facility.
BE IT FURTHER RESOLVED that the County Clerk of the County of Hawai'i shall
transmit copies of this resolution to the Office of the Mayor, the Finance and Research
and Development Departments.
Dated at
Hilo
, Hawai'i, this 18th day of
Novanber , 2009.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI'I
COUNTY COUNCIL
County of Hawai'i
Hila, Hawai'i
AYES NOES ABS EX
ENRIQUES X
FORD X
GREENWELL X t
-I
HOFFMANN X -1
IKEDA X I I
I
NAEOLE X I
ONISHI X I
I
YAGONG X -1
YOSHIMOTO X
9 0 0 0
ROLL CALL VOTE
I hereby certIfy that the foregoIng RESOLUTION was by
the vote IndIcated to the ng~t hereof adopted by the COUNCIL of the
County of Haw at' I on NOVember 18, 2009
ATTEST.
(~~
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
Reference C-588/FC-106
RESOLUTION NO 261 09
95g~4 9 STATE OF HAWAII
(00 - -v
CONTRACT FOR GOODS AND SERVICES
i (IN THE FOLLOWING CATEGORIES: EXEMPT; SMALL PURCHASE;
paw°o-~ SOLE SOURCE; OR EMERGENCY)
This Contract, executed on the respective dates indicated below, is effective as of
between DBEDT, Hawaii State Office of Planning ,
(Insert name of state department, agency, board or commission)
State of Hawaii ("STATE"), by its Director ,
(Insert title of person signingfor State)
(hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee ("HOPA")),
whose address is P.O. Box 2359, Honolulu, Hawaii 96804
and County of Hawaii, Dept. of Research & Dev.
("CONTRACTOR"), a governmental agency
(Insert corporation, partnership, joint venture, sole proprietorship. or other legal form of the Contractor)
under the laws of the State of Hawaii , whose business address and federal
and state taxpayer identification numbers areas follows: 2100 Kanoelehua Ave.,Bay C-5, Hilo, HI
96720, FEIN: (fill in number)
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 103D-306, HRS, and subchapter 9, chapter 3-122, HAR; or
? (4) An emergency procurement of goods or services, or both, as set forth
in section 103D-307, HRS, and subchapter 10, chapter 3-122, HAR.
C. Money is available to fund this Contract pursuant to:
(1)
(Identify state sources)
or (2) U.S. Department of Commerce, Economic Development Administration
(Ident fy federal sources)
or both, in the following amounts: State $ -0-
Federal $ $20,000
D. Pursuant to Sec. 201-4, HRS , the STATE
(Legal authority to enter into this Contract)
is authorized to enter into this Contract.
E. The agency's Chief Procurement Officer is Aaron Fujioka
who ? has approved this procurement or ® is not required to approve this procurement.
NOW, THEREFORE, in consideration of the promises contained in this Contract, the
STATE and the CONTRACTOR agree as follows:
1. Scope of Services. The CONTRACTOR shall, in a proper and satisfactory
manner as determined by the STATE, provide all the goods or services, or both, set forth in Attachment-
S 1, which is made a part of this Contract.
1 EXHIBIT "A"
AG-002 Rev 07/24/2006
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
TWENTY THOUSAND DOLLARS
20,000.00 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, E] 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
Not Applicable DOLLARS
) per day, in accordance with the terms of paragraph 9 of the General Conditions.
8. Notices. Any written notice required to be given by, any party to this Contract
shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid. Notice to
the STATE shall be sent to the HOPA'S address indicated in the Contract. Notice to the
CONTRACTOR shall be sent to the CONTRACTOR'S address indicated in the Contract. A notice shall
be deemed to have been received three (3) days after mailing or at the time of actual receipt, whichever
is earlier. The CONTRACTOR is responsible for notifying the STATE in writing of any change of
address.
IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on the
dates below, to be effective as of the date first above written.
STATE
(Signature)
Theodore E. Liu
(Print Name)
Director
(Print Title)
(Dare)
CONTRACTOR
CORPO ATIE SEAL
County of Hawaii, Dept. of Research and
(If available) Development
(Name of Contractor)
(Signature)
Randall Kurohara
(Print Name)
Director
(Print Title)
(Date)
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 07/24/2006
q 6 ~ c ~ 9
05, ; Attachment - S1
STATE OF HAWAII
SCOPE OF SERVICES
The CONTRACTOR shall in a proper and satisfactory manner as determined by the STATE, perform the
following service: cause to have developed a master plan for an agricultural processing facility in North Kohala.
The CONTRACTOR shall cause to have the following scope of services completed as follows:
1. Submit a plan of work for STATE's approval.
2. Complete a site evaluation of the property selected by Hawaii FFA Foundation and owned by Pacific
Plains LLC, specifically identified as TNM (3) 5-2-07-04, for the agricultural processing facility in North
Kohala.
3. Determine the land use regulatory requirements of the selected site necessary to allow for
construction of the proposed facility. Identify the time and costs necessary to achieve the required land
use entitlements needed to proceed.
4. Develop a conceptual site plan based on physical plant needs for the facility.
5. Develop a budget for site acquisition, planning, permitting, design and construction of the proposed
facility and identify sources of funding for these cost elements.
6. Develop an operating budget for proposed program activities and facility operation and identify
sources of funding for each of these cost elements. Identify the governance entity that will own and
operate the proposed facility.
7. Prepare and submit a summary report of the site planning process, including a site description, the
land use permits required, a conceptual site plan, capital and operating budgets and governance structure.
8. Comply with the terms of the STATE's U.S. Department of Commerce, Economic
Development Administration Grant Award No. 07-79-05930.
1
AG-011 Rev 07/28/2005
'(B......4!N k,
y j f Attachment - S2
STATE OF HAWAII
COMPENSATION AND PAYMENT SCHEDULE
Q47 ®,Cip•p~gp 1. Compensation for the services to be provided by the CONTRACTOR under this Contract shall be the
sum of money not to exceed TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00) in accordance with
paragraph 17 of the "General Conditions," and shall be subject to STATE approval of satisfactory completion of
all the services in accordance with this Contract as determined by STATE and statement of matching funds up to
the amount of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00) in the form of non-Federal cash
or services in-kind.
2. Payment shall be made upon presentation of the original invoice to the address below. The invoice shall
be supported by statements submitted by the CONTRACTOR, specifying to the satisfaction of the STATE the
charges included in the invoice amount.
Office of Planning
P.O. Box 2359
Honolulu, Hawaii 96804
3. Payment shall be made by the STATE in accordance with the following provisions:
a. TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) upon STATE approval of the work
described in Paragraph 1 of Attachment S 1, Scope of Work, and upon receipt of the original invoice from the
CONTRACTOR.
b. TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) upon STATE approval of the work
described in Paragraphs 2 through 7 of Attachment S 1, Scope of Work, and upon receipt of the original invoice
from the CONTRACTOR.
4. The CONTRACTOR shall perform all of the above requirements for the not-to-exceed amount specified.
5. In event of delays in performance, no additional compensation will be allowed to the CONTRACTOR.
The CONTRACTOR shall inform the STATE of any delays.
6. It is agreed by and between the parties hereto that the entire amount of the CONTRACTOR's
compensation as described herein is payable out of Federal funds, and that this Contract shall be construed
strictly to be a Contract to pay said compensation to the CONTRACTOR only out of Federal funds after such
funds are received from the Federal government. This Contract shall not be construed as a general Contract to
pay the CONTRACTOR's compensation out of any funds other than those that are received from the Federal
government under any circumstances.
7. Federal funds provided in Financial Assistance Award No. 07 79 05930 by the U.S. Department of
Commerce, Economic Development Administration, pursuant to Section 203 of the Economic Development
Administration Reform Act of 1998, as amended, 42 U.S.C. 3121, shall be used to pay for the work to be
performed by the CONTRACTOR under this Contract.
8. The Contractor shall be in compliance with Federal rules and regulations governing the use of Federal
funds. Indirect costs are not allowable charges against the Contract.
9. Payments shall be made in accordance with and subject to the provisions of Chapters 40 and 103, HRS.
1
AG-012 Rev 11/15/2005
Attachment - S3
STATE OF HAWAII
TIME OF PERFORMANCE
~ ®,aG1•LaGG~
Performance of services by the CONTRACTOR shall commence on the effective date of this Contract and all of
the services required under this Contract shall be completed by May 31, 2010, unless this Contract is sooner
terminated as hereinafter provided.
1
AG-013 Rev 11/15/2005
Attachment- S5
STATE OF HAWAII
¢Q~.®gppo!&@ SPECIAL CONDITIONS
1. Audit and Accounting Records. CONTRACTOR shall maintain detailed administrative and fiscal
records. CONTRACTOR shall comply with rules of 15 CFR Part 24, including but not limited to the
standards for financial management systems. CONTRACTOR shall allow STATE to inspect its
premises, books, accounting documents, payrolls, and all other records for the purpose of auditing,
monitoring, and/or evaluating CONTRACTOR's activities under this Agreement. CONTRACTOR
shall maintain records and receipts for a period of three (3) years after submission of the Final Grant
Report, or until any and all audit findings are resolved, whichever period is longer. During this period,
STATE representatives or their authorized agents shall have access to all of CONTRACTOR's records
and documents at any time upon providing reasonable notice to CONTRACTOR. In no case shall
CONTRACTOR dispose of accounting records as required to be maintained under this section of this
Agreement without first informing STATE of its intent to do so. CONTRACTOR shall comply with the
Single Audit Act as pertaining to recipients of Federal funds, which includes funds received as a
subrecipient, conduct an annual audit in accordance with OMB Circular A-133 and Department of
Commerce regulations, and provide copies of the audit report to STATE within 30 days of completion.
2. Ownership of Documents and Equipment. Originals of all invoices (or billings) shall become the
property of the STATE. Any equipment purchased by CONTRACTOR with EDA Grant funds shall
vest with STATE.
3. Hold Harmless. CONTRACTOR agrees to defend, indemnify, protect, and hold STATE and its
agents, officers, and employees harmless from and against any and all claims asserted of liability
established for damages or injuries to any person or property, including injury to CONTRACTOR's
employees, agents, or officers, which arise from or are connected with or caused by or claimed to be
caused by the acts or omission of CONTRACTOR and its employees, agents, or officers in performing
the work or services herein, and all expenses of investigation and defending against same; provided,
however, that CONTRACTOR's duty to hold harmless shall not include any,claims or liability arising
from the established sole negligence or willful misconduct of STATE, its agents, employees, or officers.
4. Insurance. CONTRACTOR shall secure and maintain fidelity bond and other necessary insurance
with STATE as a named beneficiary.
5. Political Affairs or Activities. CONTRACTOR shall not use funds from this Award. Personnel,
materials, to advocate or support any particular positions on any matter that is being proposed by a vote
of the people, or is being considered for enactment by any legislative body of the STATE, counties, or
the federal government. Neither will CONTRACTOR use funds from this award, personnel, or
materials to influence an officer or employee of any legislative body or an elected official or an
employee of any governmental agency in the awarding of any contract, loan, cooperative agreement, or
the extension, continuation, renewal, amendment, or modification of any contract, grant, loan, or
cooperative agreement. CONTRACTOR will disclose any funding from other sources that has been
paid or will be paid to any person for influencing or attempting to influence an elected official or a
public agency by completing, signing, and submitting federal Standard Form - LLL, "Disclosure Form
to Report Lobbying", in accordance with its instructions.
AG-015 Rev 11/15/2005 1
~E Or.N4
N P 19 59 Attachment - S5
t } STATE OF HAWAII
so-
SPECIAL CONDITIONS
7. Compliance with Applicable Laws. CONTRACTOR shall comply fully with all applicable federal,
state, and county laws, ordinances, regulations, and permits, including but not limited to federal
financial contractual and/or procurement procedures.
8. Selection in Compliance with 15 CFR 24.37. CONTRACTOR was selected to be a grant sub-
recipient in compliance with 15 CFR 24.37.
9. STATE Responsibilities. STATE, not CONTRACTOR, will communicate with EDA on all matters
of grant and project management, including explanation of terms and conditions and requests for
extension of the EDA Grant end date. STATE receives billings from CONTRACTOR and, when
STATE determines them acceptable, requests funds from EDA and then pays CONTRACTOR.
2