HomeMy WebLinkAboutRES 334 Draft 01 1996-1998
.
.
,"""";;'"
. - "..,
COUNTY OF HAW~I....
<SlATE OF' HAWAII
. -,., -:C-"
. ,,'. "',,:,,"//""
RESOLUTION NO.
334:'98
RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO ENTER INTO
AGREEMENTS HA-99-1-N AND HA-3A-N, WITH THE EXECUTIVE OFFICE ON AGING,
OFFICE OF THE GOVERNOR, STATa OF HAWAII, PURSUANT TO HRS SECTION 46-7,
WHEREBY THE STATE OF HAWAII PROVIDES FUNDS TO THE COUNTY OF HAWAII
OFFICE OF AGING TO MAINTAIN PROGRAMS RELEVANT TO THE NEEDS OF THE
ELDERLY.
WHEREAS, the State of Hawaii through the'Executive Office on Aging, pursuant to.
Chapter 349, Hawaii Revised Statutes, is mandated the responsibility of developing and
implementing educational, recreational, and cultural programs for elderly persons; developing
, .
, '
and implementing active programs of consumer protection and pre-retirement counseling; and
providing technical assistance and liaison for the purpoSe of establishing elderly-controlled local
service delivery systems providing comprehensive services and employment opportunities for
the elderly throughout the State; and
WHEREAS, pursuant to Title ill of the Older Americans Act of 1965, as amended, 42
U.S.C. Section 3001; ~., section 3058i (hereafter the "Act';), the State developed a State Plan
on Aging for the 1995-1999 fiscal period which was submitted to the United States Department
of Health and Human Services (hereafter "DHHS") for its review and approval and requested
that federal funds be made available for its implementation under Title III of the Act; and
WHEREAS, under the Act, the designated area agencies are responsible for developing
and administering, for their respective areas, an approved area plan or a comprehensive and
coordinated system of services to the .elderly; and
'--~----,,,-~-~-_.
-._-~--~---_.
-----~--
----~.____a_~...___~ _
~,
Ii
'-
I
I
I
I
I
I
I
!
I
I
i
I
I
I
I
i
I
.
.
~
WHEREAS, the County of Hawaii, by and through its Office of Aging, located at 101
Aupuni Street, Suite 342, Hilo, Hawaii 96720, is designated by the State of Hawaii as the area
I
I
i
I
I
I
I
I
I
I
I
I
I
agency on aging responsible for developing an area plan for the comprehensive and coordinated
system of services for elderly persons in the County of Hawaii; and
WHEREAS, the State of Hawaii has appropriated federal funds for the purposes of
developing the above-mentioned programs; and
WHEREAS, the State of Hawaii wishes to distribute funds to the County of Hawaii, by
and through the Office of Aging, for these purposes through Contract HA-99-I-N and Contract
HA-3A-N" and
,
WHEREAS, Section.46-7, Hawaii Revised Statutes, 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 pow~~
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, that the County of Hawaii is authorized to enter into agreements HA-99-I-N and
HA~3A-N, With the ExecUtive Office on Aging, Office of the Governor, pursuant to HRS,
Section 46-7, whereby the State of Hawaii; provides funds to the County of Hawaii, Office of
Aging to maintain programs relevant to the needs of the elderly.
BElT. FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to
2
I
I
i
I
I
I
I
I
I
i
I
!
I
I
I
I
sign the above-referenced agreements and any related documents on.behalfofthe Office of
Aging and the County of Hawaii pursuant to the County Charter.
--..----.---
------~--------_._-~-~<._..__."~._-_._------
.
.
.
'#.
BE IT FURTHER RESOLVED that the County Clerk is herebr directed to fOlWard
copies of this resOlution to the Honorable Stephen K.. Yamuhiio, Mayor of the County of
Hawaii~ the Executive Office on Aging, Office of the Governor, State of Hawaii; the County of
I
I
Hawaii Office of Aging, and to any other interested government or governmental agency.
Dated: Hilo, Hawaii, this 6th day of
gs:pc
gs:oldereso.wpd
November
. 1998.
INTRODUCED BY:
~Lh.....
COUNCIL MEMBER, C04v OF HAW All
ROLL CALL VOTE
I
I
I
I
/
i
I
./
I
!
I
I
I
i
I
I
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the. foregoing RESOLUTION was by the.
vote. indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on November 6, 1998 .
ATTEST:
&. ~
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER
--~'~'----------
AYES NOES ABS EX
ARAKAKI .y
CHUNG X
LEITHEAD- TODD X .
RAY X
REYNOLDS X
SANTANGELO X
SMITH X
TYLER X
YAGONG X
8 0 1 0
Reference C-1008/FC-297
RESOLUTION NO.
334(>98
,._--_.~_._~~_.~~,--:;_._~--_._-,~
.
.
.
.
COpy
Supplement No. 1
TYPE 1
01/94
SUPPLEMENT At AGREEMENT FOR HA-99-1-N
FOR OLDER AMERICANS ACT FUNDS
I
I
I
I
I
I
I
I
I
THIS AGREEMENT, effective the 1st day of September 1. 1998. is
entered into between the Executive Office on Aging, State of Hawaii (hereinafter "STATE"), by
its Director (hereinafter "DIRECTOR"), and the County of Hawaii. by and throu~h its Mayor
(hereinafter "CONTRACTOR"), whose business address is c/o Hawaii County Office on A~in~.
101 Aupuni Street. Room 342. Hilo. Hawaii 96720.
WITNESSEIH IHA T
WHEREAS, by Contract No. HA-99-1-N, dated July 1, 1998,
(hereinafter referred to as "Primary Agreement"), Contractor agrees to use funds received under
this Agreement to provide the supportive social services, congregate and home delivered
nutrition, in-home services, and preventive health services programs and activities described in
the Executive Office on Aging approved Area Phm for the County of Hawaii; and
WHEREAS, the State and contractor mutually desire to modify, alter,
change, or extend the Primary Agreement in accordance with attachment 5 "General Conditions"
of the Primary Agreement;
NOW, THEREFORE, the State and contractor mutually agree that
Attachment 3, "Compensation and Payment Schedule" of the Primary Agreement, dated July 1,
1998, is hereby modified dated September 1, .1998 as attached. All other provisions of the
Primary Agreement shall remain in full force and effect.
.------.---------- ~-
--~ --~ ~_..__.._,-------- ---~-~-
.
.
.
,
IN WITNESS WHEREOF, the STATE and the CONTRACTOR have executed this
Agreement effective as of the date first above written.
I
I
I
I
I
STATE
EXECUTIVE OFFICE ON AGING
By
Its Director
CONTRACTOR
COUNTY OF HAWAII
By
Its Mayor, County of Hawaii
APPROVED BY:
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel
County of Hawaii
APPROVED AS TO FORM:
Deputy Attorney General
State of Hawaii
*Evidence of Authority of the Contractor's representative to sign this Agreement for the
Contractor must be attached.
---~---~-.~
-----~~---~
-'~~----..,~-_.~-
.
.
~
.
FORM A
STATE OF )
) ss
COUNTY OF )
On this _ day of , 19
I
I
I
I
I
I
before me personally appeared
who indicated that
was the
of
and
in that capacity waS authorized to execute contracts on behalf of
and who
executed the foregoing instrument, and acknowledge that
execute the
same as
free act and deed.
Notary Public, State of Hawaii
My commission expires:
5
_._.."'_._,._----'------".._~~._-------------- -----~-_..~
--- ----. --~._-~~ - -.._-
.
.
.
"
Effective: 9/1/98
Page 1
Attachment 3
i
I
I
I
I
I
I
,
COMPENSATION AND PAYMENT SCHEDULE
1. COMPENSATION
Subject to continuing availability of funds, the STATE agrees to pay
Contractor, for services satisfactorily performed under this Agreement, a sum not to exceed
SEEVEN HUNDRED SEVENTY THREE THOUSAND SIX HUNDRED AND EIGHTY
FOUR DOLLARS ($773.684). provided that Contractor shall apportion said sum among the
programs/activities set forth in this Attachment. Payment of this sum shall constitute full and
complete compensation for all services, materials, supplies, equipment, overhead, taxes, and
other incidentals and operating expenses which Contractor incurs in the performance of this
Agreement. It is strictly understood and agreed that the sum payable to it under this Agreement
I
i
i
I
I
I
I
shall be payable only upon receipt by the STATE of those federal funds described and provided
pursuant to the STATE's Plan on Aging, and that this Agreement shall not be construed as a
general agreement by the STATE to pay said amount to Contractor out of any funds other than
those received from DHHS.
2. METHOD OF PAYMENT
a. . The funds awarded to the STATE by DHHS and appropriated by the
Legislature for the purposes of this Agreement shall be subject to the allotment system as
provided in Chapter 37, Hawaii Revised Statutes.
b. Subject to availability of funds, payments to Contractor under this
Agreement shall be made in Accordance with and are subject to the provisions of Chapter 7,
-~~----
_._'-.~~~---'----'--.
------------
--~- -'-- --~_._...._-
I
!
I
.
.
~
.
Attachment 3
Page 2
Request for Payments (Area Agency Reporting Handbook), and are subject to the following
appropriate federal or State provisions:
c. Federal-Older Americans Act Funds
(1) If federal funds are awarded, the STATE shall use the allocation
plan contained on pages...4,.5. and Q..of Attachment 3 as a basis of paying contractor, provided
that the STATE may reduce such said amount by any carryover funds that were previously paid
I
i
I
I
I
I
I
to Contractor and are still held by Contractor, upon submission by Contractor of written request
for payment.
(2) Program income, and interest or investment income, that is
collected or earned by Contractor as a result of activities supported by funds provided to
Contractor or any of its subcontractors under this Agreement shall be retained by Contractor or
its Subcontractors earning such income and shall be spent for the expanded level of services prior
to using funds provided under this Agreement.
(3) All payments shall be made in accordance with and subject to
Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls
applicable to payments out of the Treasury of the State of Hawaii.
(d) State Funds
(1) If State funds are awarded, the State shall use the allocation plan
contained on pages Illil of Attachment 3, as a basis of paying Contractor, upon submission by
. ContraCtor of written request for payment.
--~---------'--_._-----._-,._-~---_.,..._,_.._~ .--- -~._--
------~~-
-----~ --
I
I
I
I
I
I
I
I
I
,
i
I
I
I
I
r
I
I
I
I
.
.
.,
,
Attachment 3
Page 3
(2) Payments shall be made in advance quarterly installments upon
submission by submission by Contractor of written request for payment.
(3) The quarterly financial status reports and program performance
reports shall be reviewed by the STATE for appropriateness and allowability of the reported
expenditures.
(4) If an amount of reported expenditures is determined by the STATE
to be inappropriate and unallowable, the STATE may deduct an equivalent amount from the next
payable installment. If, after payment of the last installment, investigation and examination
reveal additional expenditures that are determined to inappropriate and unallowable, the STATE
may require that an equivalent amount of moneys be refunded to the'STATE notwithstanding
preliminary determination of appropriateness and allowability.
(5) All payments 'shall be made in accordance with and subject to
Chapter 40, Hawaii Revised Statutes, which specifies the accounting procedures and controls
applicable to payments out of the Treasury of the State of Hawaii. Such payments are subject to
availability offunds and allotment by the Director of Finance in accordance with Chapter 37,
Hawaii Revised Statutes. Final payment under this Agreement shall be subject to sections 103-
53 and 237-45, Hawaii Revised Statutes, which require a tax clearance from the Director of
Finance, State of Hawaii, showing that all delinquent taxes, ifany, levied or accrued under State
law against the private subcontractors~ have been paid.
(6) Contractor shall include appropriate provisions for its subcontractors
to ensure that the provisions of this part may be effectuated.
------
--------------~ -
---------- ~-
-"--- - . -----------~---
-~-~-. > --_._---~_._---
.
-----.....---------------.
.'
ATTACHMENT 3 - COMPENSATION AND PAYMENT SCHEDULE
.
Revised effective 9/1/98 Pace 4
1. CONTRACTOR 2. TITLE III 3. PERIOD OF AGREEMENT 4. CONTRACT NO.
Hawaii County Office of Acina FY98 Julv 1 1998 - June 30 1999 HA-99-1 (N) Sheet 1 of 3
5. DESCRIPTION 6. III-B 7. 1II-C1 8. 1II-C2 9. 11I-0 10. III-E 11. III-F 12. VII 13. TOTAL
a. Annual Allocation 1/ $291,698 $281,362 $101,473 $8,520 $0 $13,090 $0 $696,143
a1. Transfers $52,361 ($52,361 $0 $0 $0 $0 $0 $0
a2. Adiusted Annual Allocation $344,059 $229,001 $101,473 $8,520 $0 $13,090 $0 . $696,143
CONTRACTED TO AREA AGENCY:
b. Previouslv Contracted $256,292 $167,457 $71,717 $6,062 $0 $9,513 $0 $511,041
c. Expenses $187,233 $161,132 $69,560 $6,062 $0 -' $9,513 $0 $433,500
d. Carryover (b-c) $69,059 $6,325 $2,157 $0 $0 $0 $0 $77,541
.
e. Balance Unawarded (a-b) $87,767 $61,544 $29,756 $2,458 $0 $3,577 ,- , .., $0 $185,102
f. Total Funds awarded (d+e) $156,826 $67,869 $31,913 $2,458 $0 $3,577 $0 $262,643
SHARE BREAKDOWN:
a. Minimum Contractor Share 21 $18,450 $7,985 $3,754 $289 $0 $421 $0 $30,899
h. Minimum State Share 3/ $9,225 $3,992 $1,877 $145 $0 $210 $0 $15,450
i. Federal Share $156,826 $67,869 $31,913 $2,458 $0 $3,577 $0 $262,643
AMOUNT DUE CONTRACTOR:
j. Total Funds Awarded $156,826 $67,869 $31,913 $2,458 $0 $3,577 $0 $262,643
k. Cash Held bv Contractor $40,721 $6,325 $2,157 $0 $0 $0 $0 $49,203
I. Net Amount Due Contractor (j-k) $116,105 $61,544 $29,756 $2,458 $0 $3,577 $0 $213,440
.
____D_..~._._
-----~--------
,.
------------._------~-----_.--._" '-
-----------_a_____.____
.
ATTACHMENT 3 - COMPENSATION AND PAYMENT SCHEDULE
.
Revised effective 9/1/98 Paae 5
1. CONTRACTOR 2. TITLE III 3. PERIOD OF AGREEMENT 4. CONTRACT NO.
Hawaii County Office of Aninn FY99 Julv 1 1998 - June 30 1999 HA-99-1 CN) Sheet 2 of 3
5. DESCRIPTION 6. III-B 7. III-C1 8. 1II-C2 9. 111-0 10. III-E 11. III-F 12. VII 13. TOTAL
a. Annual Allocation 1/4/ $291,698 $281,362 $101,473 $8,520 $0 $13,090 $0 $696,143
.
a1. Transfers $0 $0 $0 $0 $0 $0 $0 $0
a2. Adjusted Annual Allocation $291,698 $281,362 $101,473 $8,520 $0 ... $13,090 $0 $696,143
-
. - -,
CONTRACTED TO AREA AGENCY:
.
b. Partial Allocation $256,292 $167,457 $71,717 $6,062 $0 $9,513 $0 $511,041
SHARE BREAKDOWN:
c. Minimum Contractor Share 2/ $30,152 $19,701 $8,437 $713 $0 $1,119 $0 $60,122
d. Minimum State Share 3/ $15,076 $9,850 $4,219 $357 $0 $560 $0 $30,061
e. Federal Share $256,292 $167,457 $71,717 $6,062 $0 $9,513 $0 $511,041
.
---..-----,---.-
,
I
I
I
i
,
i
j
I
I
i
I
I
I
---_..~-----
-_._-._'-~--~-._----- --- ----~--
-- ----_.~--_.,----------.._----
$
ATTACHMENT 3 - COMPENSATION AND PAYMENT SCHED
.
Revised effective 9/1/98 Pace 6
1. CONTRACTOR 2. TITLE III 3. PERIOD OF AGREEMENT 4. CONTRACT NO.
Hawaii Countv Office of Aaina SummarY Julv 1 1998 - June 30.1999 HA-99-1lN) Sheet 3 of 3
5. CONTRACTED TO AREA AGENCY: 6. 11I-8 7. III-C1 8. III-C2' 9. 11I-0 10. III-E 11. III-F 12. VII 13. TOTAL
a. . Balance of FY 98 Allocation $156,826 $67,869 $31,913 $2,458 $0 $3,577 $0 $262,643
b. Partial FY 99 Allocation $256,292 $167,457 $71,717 $6,062 $0 $9,513 $0 $511,041
c. Total $413,118 $235,326 $103,630 $8;520 $0 $13,090 $0 $773.684
Footnotes:
1/ Contractor may use up to 10% of the total allocation (col. 13) for administrative costs, taken from III-B, III-C1 and I1I-C2.
2/ Based on 100% service costs. Contractor's shares are 25% for admin costs and 10% for service costs.
.
3/ Taken from State POS contract: 5% for service costs only.
4/ Based on FY 98 levels.
----_..._-_.._-_.__._-_.._-_._..__._-----~------------