HomeMy WebLinkAboutCOM 0041.042 2008-2010William P. Kenoi
Mayor
Laverne R. Omori
Deputy Director
County of Hawaii
DEPARTMENT OF RESEARCH AND DEVELOPMENT
25 Aupuni Street, Room 1301 . Hilo, Hawaii 96720 -4252
(808) 961 -8366 • Fax (808) 935 -1205
E -mail: chresdev @co.hawaii.hi.us
DATE:
TO
VIA:
September 28, 2010
J Yoshimoto, Council Chairman and
Council Members
Kay Oshiro, Controller
FROM: Randy Kurohara, Director PL
N RE: NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. 10 -59, Section 7(1)
Name of Grant Program: 2010 -2012 Product Enrichment Program
Grantor:
State of Hawaii - HTA
County Grantee Department or Agency: Dept. of Research and Development
Grant No. (IF KNOWN): BT -10 -03
Amount of Grant: $1,275,000 ($425,000 annually for 2010 -2012)
Amount of County Match: -0-
County Revenue & Expenditure Account Numbers: 3305.23; 010.161.5162.99
Grant Period (Commencement & Completion): 1/1/10 - 12/31/12
Purpose of Grant: Enrichment of Hawai'i's tourism product
Is final report required by grantor? N Yes ❑ No
Notification attached: M Yes ❑ No, because
Randall M. Kurohara
Director
Comm. NO. 1 41.
Ref. To. �—'—'_
Ref. Date 77 0 Za14
Hawaii County is an Equal Opportunity Provider and Employer Form NGA 08/10
J:
Laverne R. Omori
Deputy Director
County of Hawaii
DEPARTMENT OF RESEARCH AND DEVELOPMENT
25 Aupuni Street, Room 1301 . Hilo, Hawaii 96720 -4252
(808) 961 -8366 • Fax (808) 935 -1205
E -mail: chresdev @co.hawaii.hi.us
DATE:
TO
VIA:
September 28, 2010
J Yoshimoto, Council Chairman and
Council Members
Kay Oshiro, Controller
FROM: Randy Kurohara, Director PL
N RE: NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. 10 -59, Section 7(1)
Name of Grant Program: 2010 -2012 Product Enrichment Program
Grantor:
State of Hawaii - HTA
County Grantee Department or Agency: Dept. of Research and Development
Grant No. (IF KNOWN): BT -10 -03
Amount of Grant: $1,275,000 ($425,000 annually for 2010 -2012)
Amount of County Match: -0-
County Revenue & Expenditure Account Numbers: 3305.23; 010.161.5162.99
Grant Period (Commencement & Completion): 1/1/10 - 12/31/12
Purpose of Grant: Enrichment of Hawai'i's tourism product
Is final report required by grantor? N Yes ❑ No
Notification attached: M Yes ❑ No, because
Randall M. Kurohara
Director
Comm. NO. 1 41.
Ref. To. �—'—'_
Ref. Date 77 0 Za14
Hawaii County is an Equal Opportunity Provider and Employer Form NGA 08/10
L IV z-V 1L rruuuct znnctiment Program —County of HawaN
Contract No. BT -10 -03
CONTRACT
ContraotNo. BT 10 -0s
P.O. No. 10130
This Contract is effective as of September 10 , 2009, by and between the
COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place
of business is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter referred to as the "COUNTY,"
and the HAWAII TOURISM AUTHORITY, an agency of the State of Hawaii, whose mailing
address is 1801 Kalakaua Avenue, Honolulu, Hawaii 96815, hereinafter referred to as the
"STATE."
WITNESSETH
WHEREAS, the STATE desires to realize Hawai`i's potential as a great place to live and
to visit by ensuring that Hawai`i's rich cultural heritage and resources are enhanced, preserved,
perpetuated, and promoted in a manner that is economically and environmentally sound and
culturally and socially sensitive;
WHEREAS, the STATE desires to support and encourage the expansion, enhancement,
diversification, and enrichment of Hawai`i's tourism product;
WHEREAS, Chapter 201B of the Hawaii Revised Statutes includes a mandate directing
the STATE to "coordinate the development of new products with the counties and other persons
in the public sector and private sector, including the development of sports, culture, health and
wellness, education, technology, agriculture, and nature tourism;"
WHEREAS, the COUNTY has the knowledge, experience, and expertise in the numerous
and various tourism product activities within the COUNTY's jurisdiction;
WHEREAS, the STATE desires to strengthen existing partnerships with the COUNTY to
increase the effectiveness, efficiency, quantity, and quality of tourism product activities and
programs;
WHEREAS, the STATE and the COUNTY desire to support and encourage tourism
product activities such as those in the niche markets of agriculture, culture, education, health and
wellness, nature, and technology; and
WHEREAS, the STATE and the COUNTY desire to support and encourage efforts to
provide activities and experiences for visitors and residents throughout the year and throughout
Hawai `i;
2010 -2012 County of Hawaii Product Pnnchment Program •- County of hawai'i
Contract No. BT -10 -03
NOW, THEREFORE, the STATE and the COUNTY, in consideration of the mutual
promises hereinafter set forth, hereby agree as follows:
A. Scope of Services The COUNTY shall:
1. Upon obtaining the prior approval of the STATE, conduct a County
Product Enrichment Program for the County of Hawaii (hereinafter
referred to as the "Program "), in accordance with, and in fulfillment of, all
terms and conditions of the Program as established by the STATE,
including, but not limited to, adhering to the criteria and guidelines of the
Program as described in the STATE's 2010 County Product Enrichment
Program Request for Proposal and Application Packet dated August 2009,
incorporated herein by reference.
2. Execute the Program in a manner consistent with the overall strategic
directions, goals, and objectives of the "Hawai`i Tourism Strategic Plan:
2005- 2015," hereinafter referred to as the "TSP" and incorporated herein
by reference.
3. Use best efforts to perform the goals and objectives as stated for the
Program and in the TSP. The COUNTY shall also ensure that any agency,
organization, or private or public entity with whom the COUNTY may
enter into agreements, perform the product enrichment projects as allowed
in the Program; use best efforts to achieve the goals and objectives as
stated for the Program; and follow the guidelines for the Program and in
the TSP.
4. Submit progress reports to the STATE to include, but not be limited to:
a. a status report on all projects funded through the Program,
including copies of reports from the organizers of these projects to
the COUNTY in accordance with related agreements between the
COUNTY and project organizers receiving funds through this
Program;
b. a budget status, including a description of the use of STATE funds
and a balance of funds available; and
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Contract No. BT -10 -03
C. a schedule and/or copy of all promotional and advertising activities
and materials by the COUNTY or any organization receiving funds
through the Program, as requested by the STATE.
5. Consult with the STATE's Marketing Program and/or marketing
contractors on any appropriate promotional and marketing materials for
the STATE to include, to the extent possible, any product enrichment
projects supported through the Program.
6. Prepare and maintain financial records which sufficiently and properly
reflect all income and other sources of funds, and all direct and indirect
expenditures of any nature related to the COUNTY's performance of this
Contract. These records shall be subject to any inspection, review, or
audit by the STATE.
7. Submit an annual financial report to the STATE upon completion of the
Program for each calendar year, according to the schedule outlined in this
Contract. The financial report shall include, but not be limited to, a
certification by the COUNTY that all financial statements represented in
the report are accurate and that the STATE funds allocated under this
Contract have been expended in accordance with the provisions set forth
in this Contract. All STATE funds not expended in accordance with the
provisions set forth in this Contract shall be returned to the STATE.
8. Complete and submit a final annual written report to the STATE upon
completion of the Program, according to the schedule outlined in this
Contract. The COUNTY shall require the use of a standard final report
form by organizations awarded STATE funds through the Program and
shall compile these reports as part of a final report to the STATE. A
sample final report form will be provided to the COUNTY by the STATE.
9. Complete and submit a final evaluation on each of the organizations and
projects awarded STATE funds through the Program, signed by a
representative of the COUNTY, and compiled as part of a final report to
the STATE. A sample final evaluation form will be provided to the
COUNTY by the STATE.
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Contract No. BT -10 -03
10. Furnish any additional reports or information that the STATE may, from
time to time, require or request, including a progress report describing the
status of all work required to be completed under this Contract.
11. Perform and fulfill all of the General Conditions attached hereto as
Exhibit A and made a part hereof.
B. Program Budget The STATE agrees to make available to the COUNTY a sum of
money not to exceed FOUR HUNDRED TWENTY -FIVE THOUSAND AND NO 1100
DOLLARS ($425,000.00) for the purpose of implementing the 2010 Program; a sum of money
not to exceed FOUR HUNDRED TWENTY -FIVE THOUSAND AND N01100 DOLLARS
($425,000.00) for the purpose of implementing the 2011 Program; and a sum of money not to
exceed FOUR HUNDRED TWENTY -FIVE THOUSAND AND N01100 DOLLARS
($425,000.00) for the purpose of implementing the 2012 Program, for a total sum of money not
to exceed ONE MILLION TWO HUNDRED SEVENTY -FIVE THOUSAND AND NO 1100
DOLLARS ($1,275,000.00), tax inclusive, and as set forth in this Contract; provided that the
allowable amount for administrative expenses for the COUNTY in support of the Program not
exceed SEVENTY -FIVE THOUSAND AND N01100 DOLLARS ($75,000.00) for each year;
provided that any funds not expended by the COUNTY to implement the Program shall be
returned to the STATE; and subject to the availability of funds and STATE approval of all
reports and performance of the COUNTY, as required under this Contract.
Funds provided for the Program and not utilized in the calendar year to which
they were allocated may be used in the following year, provided that the COUNTYsubmits a
written request for the STATE's prior approval and the funds are used to implement the Program
as described herein.
C. Time of Performance Performance of services by the COUNTY shall commence
on the effective date of this Contract and all services required under this Contract shall be
completed by September 1, 2013, unless this Contract is sooner terminated as provided herein;
subject to such extensions as may be agreed to between the STATE and the COUNTY, and
unless sooner terminated as herein provided.
D. Compensation and Method of Payment Schedule The total compensation for
services to be provided by the COUNTY under this Contract shall be the total sum of money not
to exceed ONE MILLION TWO HUNDRED SEVENTY -FIVE THOUSAND AND NO 1100
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Contract No. BT -10 -03
DOLLARS ($1,275,000.00), tax inclusive. Payment shall be made by the STATE to the
COUNTY in accordance with paragraph 17 of the "General Conditions," and shall be subject.to
the following provisions:
1. The STATE shall transfer TWO HUNDRED FIFTY THOUSAND AND
N01100 DOLLARS ($250,000.00) to the COUNTY following the full
execution of this Contract and upon the STATE's prior receipt and
approval of the following:
a. a written Request for Payment or invoice for said amount under the
letterhead of the COUNTY and bearing the original signature of an
authorized officer of the COUNTY;
b. an implementation plan for the 2010 Program, to include, but not
be limited to, a copy of the COUNTY's 2010 Program application
form and instructions, a listing of the 2010 COUNTY Program
Oversight/Advisory Committee, including the name, title, and
affiliation of each member, and evaluation and report forms to be
used by the COUNTY for the 2010 Program; and
C. any other requirement of this Contract.
2. ONE HUNDRED SEVENTY -FIVE THOUSAND AND NO 1100
DOLLARS ($175,000.00) on or about April 1, 2010, and upon the
STATE's prior receipt and approval of the following:
a. a written Request for Payment or invoice for said amount under the
letterhead of the COUNTY and bearing the original signature of an
authorized officer of the COUNTY;
b. written progress reports for the Program covering the periods of
March to June 2009, July to September 2009, October to
December 2009, and January to March 2010 for the 2008 Program,
2009 Program, and/or 2010 Program, as applicable; and
C. any other requirement of this Contract, provided that the COUNTY
shall submit to the STATE, on or about August 1, 2010, a final
written report for the 2009 Program summarizing the Program for
the year, including, but not limited to, a listing of the status of all
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Contract No. BT -10 -03
awards and contracts executed by the COUNTY through the 2009
Program; copies of all final written and financial reports from the
programs awarded funds by the COUNTY through the 2009
Program; a final evaluation report on each program awarded funds
by the COUNTY through the 2009 Program, to be completed and
signed by an authorized representative of the COUNTY; and a
final financial report on the 2009 Program.
3. TWO HUNDRED FIFTY THOUSAND AND N01100 DOLLARS
($250,000.00) on or about August 1, 2010 and upon the STATE's prior
receipt and approval of the following:
a. a written Request for Payment or invoice for said amount under the
letterhead of the COUNTY and bearing the original signature of an
authorized officer of the COUNTY;
b. written progress reports for the Program covering the periods of
April to June 2010 for the 2009 and 2010 Program;
c. an implementation plan for the 2011 Program, to include, but not
be limited to, a copy of the COUNTY's 2011 Program application
form and instructions; a listing of the 2011 COUNTY Program
Oversight/Advisory Committee, including the name, title, and
affiliation of each member; and evaluation and report forms to be
used by the COUNTY for the 2011 Program; and
d. any other requirement of this Contract.
4. ONE HUNDRED SEVENTY -FIVE THOUSAND AND N01100
DOLLARS ($175,000.00) on or about April 1, 2011, and upon the
STATE's prior receipt and approval of the following:
a. a written Request for Payment or invoice for said amount under the
letterhead of the COUNTY and bearing the original signature of
an authorized officer of the COUNTY;
b. written progress reports for the Program covering the periods of
July to September 2010, October to December 2010, and January
to March 2011 for the 2010 and 2011 Program; and
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Contract No. BT -10 -03
C. any other requirement of this Contract, provided that the COUNTY
shall submit to the STATE, on or about August 1, 2011, a final
written report for the 2010 Program summarizing the Program for
the year including, but not limited to, a listing of the status of all
awards and contracts executed by the COUNTY through the 2010
Program; copies of all final written and financial reports from the
programs awarded funds by the COUNTY through the 2010
Program; a final evaluation report on each program awarded funds
by the COUNTY through the 2010 Program, to be completed and
signed by an authorized representative of the COUNTY; and a
final financial report on the 2010 Program.
5. TWO HUNDRED FIFTY THOUSAND AND N01100 DOLLARS
($250,000.00) on or about August 1, 2011 and upon the STATE's prior
receipt and approval of the following:
a. a written Request for Payment or invoice for said amount under the
letterhead of the COUNTY and bearing the original signature of an
authorized officer of the COUNTY;
b. written progress reports for the Program covering the periods of
April to June 2011 for the 2010 and 2011 Program;
c. an implementation plan for the 2012 Program, to include, but not
be limited to, a copy of the COUNTY's 2012 Program application
form and instructions; a listing of the 2012 COUNTY Program
Oversight/Advisory Committee, including the name, title, and
affiliation of each member; and evaluation and report forms to be
used by the COUNTY for the 2012 Program; and
d. any other requirement of this Contract.
6. ONE HUNDRED SEVENTY -FIVE THOUSAND AND NO /100
DOLLARS ($175,000.00) on or about April 1, 2012, and upon the
STATE's prior receipt and approval of the following:
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Contract No. BT -10 -03
a. a written Request for Payment or invoice for said amount under the
letterhead of the COUNTY and bearing the original signature of an
authorized officer of the COUNTY;
b. written progress reports for the Program covering the periods of
July to September 2011, October to December 2011, and January
to March 2012 for the 2011 and 2012 Program; and,
C. any other requirement of this Contract, provided that the COUNTY
shall submit to the STATE, on or about August 1, 2012, a final
written report for the 2011 Program summarizing the Program for
the year, including, but not limited to, a listing of the status of all
awards and contracts executed by the COUNTY through the 2011
Program; copies of all final written and financial reports from the
programs awarded funds by the COUNTY through the 2011
Program; a final evaluation report on each program awarded funds
by the COUNTY through the 2011 Program, to be completed and
signed by an authorized representative of the COUNTY; a final
financial report on the 2011 Program; and provided that final
written and financial reports on the full and completed 2012
Program shall be submitted to the STATE by August 1, 2013.
The COUNTY shall submit to the STATE all requested reports, including written
progress reports and annual final written and final financial reports, detailing activities and use of
funds with certification by the COUNTY that all the work for which funds were utilized were
performed in accordance with this Contract.
Progress payments shall not be construed as final acceptance of services required
under this Contract. The COUNTY acknowledges and agrees to perform all services in
accordance with this Contract for a total sum of money not to exceed ONE MILLION TWO
HUNDRED SEVENTY -FIVE THOUSAND AND N01100 DOLLARS ($1,275,000.00), tax
inclusive, as specified above, and all subject to the availability of funds.
Contract No. BT -10 -03
All STATE funds not expended in accordance with the provisions set forth is this
Contract shall be returned to the STATE.
The Request for Payment or invoice shall include certification that the work
planned is in accordance with the terms of this Contract, shall be under the letterhead of the
COUNTY, and shall bear the original signature of an authorized officer of the COUNTY. These
funds shall not be expended until prior written approval from the STATE is received by the
COUNTY, and -are subject to the availability of funds.
E. Availability of Funds
1. The COUNTY acknowledges and agrees that the availability of funds
from the Tourism Special Fund established under the laws of the State of Hawaii for any fiscal
year (July 1 to June 30) shall initially be subject to the passage of a budget appropriation of
public funds by the Legislature, and subsequently to the approval of an allotment of the budgeted
funds by the Governor, through the Director of Finance, State of Hawaii. If there are
insufficient funds appropriated, allotted, or otherwise made available to the STATE to pay the
COUNTY, the STATE may, without liability to the STATE and the COUNTY, reduce the
amount of compensation to the COUNTY, upon written notification by the STATE to the
COUNTY.
2. The COUNTY further acknowledges and agrees that should the transient
accommodations tax revenue collections authorized under the laws of the State of Hawaii fall
below those projected by the Hawaii Council on Revenues and thereby cause insufficient funds
to be made available to the STATE for its expenses as determined by its board of directors, the
STATE may reduce the maximum amount of compensation under this Contract upon written
notification to the COUNTY and without liability to the STATE.
3. Within 15 days after the receipt of any written notification of insufficient
funds during any fiscal year, the COUNTY shall submit a revised budget to the STATE for
review and approval that reflects the reduction set forth in the notification and in the manner
provided in this Contract.
4. The COUNTY acknowledges and agrees that the STATE's ability to
compensate the COUNTY for goods and services under this Contract is subject to appropriation,
allotment, the collection of transient accommodation tax revenues, the Governor's directives, and
any other factors requiring the allocation of public funds available to pay the COUNTY. The
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Contract No. BT -10 -03
COUNTY hereby waives any and all claims for damages, including consequential damages
arising from insufficient funds being appropriated, allotted, or available to the STATE to pay the
COUNTY.
F. Withholding of Payments The STATE may withhold any and all payments to the
COUNTY if the COUNTY fails to comply with any of the terms of this Contract.
G. Promotional Material The COUNTY and all recipients of STATE funds through
the COUNTY for this Program shall acknowledge the HAWAII TOURISM AUTHORITY as a
contributor of funds in all printed, broadcast, and other advertisement and promotional materials
and documents relating to this Program.
H. Indemnification The COUNTY shall indemnify, defend, and save harmless the
STATE, its officers, agents, and employees from and against any and all manner of actions and
claims arising, either directly or indirectly, out of or resulting from the negligence, errors,
omissions, or acts of the COUNTY, its officers, agents, or employees occurring during, or in
connection with, the performance of the COUNTY's services under this Contract. The
COUNTY shall defend the STATE against any such action or claim that does not involve an act
or omission solely of the STATE, its officers, agents, or employees.
I. Modification of Contract Any modification, alteration, or change to this Contract
including, but not limited to, modification of the services to be performed and extension of the
time of performance, shall be made only by prior written supplemental agreements executed by
the STATE and the COUNTY.
J. Termination of Contract If, for any cause, the COUNTY fails to satisfactorily
fulfill, in a timely or proper manner, its obligations under this Contract, or if the COUNTY
breaches any of the promises, terms, or conditions of this Contract and, having been given
reasonable notice of an opportunity to cure any such default, fails to take satisfactory corrective
action within the time specified by the STATE, the STATE may terminate this Contract by
giving written notice to the COUNTY of such termination. The STATE may also terminate this
Contract without cause by giving written notice to the COUNTY 30 calendar days before the
effective date of such termination.
K. General Conditions
The General Conditions (AG -008 Rev. 4/15/2009) are attached hereto and
incorporated herein as a part of this Contract (Exhibit A).
[ill
Contract No. BT -10 -03
L. Execution
This Contract may be executed in one (1) or more counterparts, each of which
shall be deemed an original, but all of which shall constitute the same instrument.
This Contract may be executed and delivered by any party by facsimile or
electronic transmission.
M. Special Conditions
1. Notwithstanding any provisions or representations to the contrary, any
conflict among the various'provisions of this Contract shall be resolved by
allowing the various provisions in the following documents, in order of
priority, to control:
a. This Contract and the above - referenced paragraphs A -L; and
b. The General Conditions, attached hereto and incorporated herein
(Exhibit A).
2. For purposes of this Contract, paragraph nos. 17.d. and 25 of the General
Conditions are hereby deleted and shall have no operative effect between
the STATE and the COUNTY.
All other paragraphs of the General Conditions remain in effect and are
incorporated herein.
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2010 -2012 County of Hawaii Product Enrichment Program — County of Hawai'i
Contract No. BT -10 -03
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day, month,
and year fast above written.
APPROVED AS TO FORM:
(Signature)
Deputy Attorney General
0
(Print Name)
Its
(Title)
Approval Recommended:
B
Research & Development Director
Randall Rurohara
Approved as to form and legality:
Date
COUNTY OF HAWAII:
B �—�-
(Signature
WILLIAM P. KEN0
(Print Name)
Its MAYOR
(Title)
B Date SEP 10 2009
If eput0orpoittion Counsel
County of Hawaii
-12-
Contract No. BT -10 -03
0
IN WITNESS WHEREOF, the .parties hereto have executed this Contract the day, month,
and year first above written.
APPROVED AS TO FORM:
By
Deputy om neral
Approval Recommended:
Research & Development Director
Approved as to form and legality:
By
Deputy Corporation Counsel
County of Hawaii
� C
By
(Signature)
Mike McCartney
(Print Name)
Its President and Chief Executive Officer
(Title)
Date AUG 1 7 2009
COUNTY OF HAWAPI:
By
(Signature)
(Print Name)
Its
(Title)
Date
-12-
STATE OF HAWAII )
) SS.
COUNTY OF HAWAII )
On this lt)A day of'SI Iry 2009 before me personally appeared
WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that
WILLIAM P. KENOI is the Mayor 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 said WILLIAM P. KENOI
acknowledged said instrument to be the free act and deed of said County of Hawaii.
NADINE H. POMROY
Notary Public, State of Hawaii .
My Commission Expires: 7/12/2013
L
Doc. Date: StF 10 2009 # Pages: _
Name: Nadine H. Pomroy Third Circuit
Doc. Description bn+�te b-chkot"' QgL7§ t atL4 I�IQ.
Huh 1s4w 7$r%vi
SEP 10 2009
Signature Date
MY COMMISSION EXPIRES 07/12/2013