HomeMy WebLinkAboutCOM 0017.005 2018-2020 JMSYl�H�!L
Harry Kim Paul K. Ferreira
Mayor ,•,
} Police Cltief
is :4
�I'•' M�MMOM.'��
�TfOF'N��
Kenneth Bugado Jr.
Depuhy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street Hilo,Hawaii 96720-3998
(808)935-3311 • Fax(808)961-8865
DATE: April 10, 2019
TO: AARON CHUNG, COUNCIL CHAIR AND
COUNCIL MEMBERS ,
VIA: KAY OSHIRO, CONTROLLR
FROM: lr PAUL K. FERREI , POEICE CHIEF
RE: NOTIFICATION OF GRANT AWARD
COMPLIANCE WITH ORDINANCE NO. 18-68, SECTION 7(1)
Name of Grant Program: Neighborhood Community Outreach and Protection
Grantor: Department of the Attorney General Crime
Prevention and Justice Assistance Division
County Grantee Department or Agency: Hawaii County Police Department
Grant No. (IF KNOWN): 19-GIA-03
Amount of Grant: $50,000.00
Amount of County Match: none
County Revenue & Expenditure Account Numbers: 010.201.5216.62:3306.10
Grant Period (Commencement & Completion): July 1, 2018 to June 30, 2019
Purpose of Grant: To enhance and strengthen the existing partnership
of Community Policing and Neighborhood Watch.
Is final report required by grantor? R Yes [] No
Notification attached: W Yes ❑ No, because
Comm. No.
"Hawai'i County is an Equal Opportunity Provider and Employer" Ref. TO:
Ref. Date JUN 1 7 2019
DAVID Y.IGE
�IARE E.NNORS
GOVERNOR i i ITTp � eRP.t_
.I IN M
L 1 t' MIS O5�OLA
- _ FIRST DEPUTY{AATTpRttEY GrUFFIAL
STATE OF HAWAII
DEPARTMENT OF THE ATTORNEY GENERAL
CRIME PREVENTION AND.JUSTICE ASSISTANCE DIVISION
235S,
35S,BERETANIA STREET.SU,;IC,101
Hat+ot. w,HAWAII 66813
(808)586-1150 C 0 py
ag.hawaii.govfcpja
January 1G. 2019
The Honorable Paul Ferreira
Chief of-Police
Hawaii Police Department
349 Kapiolanl Street
Hilo. Hawaii 96720
Deer Chief Ferreira,
Enclosed please find the fully Dxceltted contract for the hollowing project:
Project Number: 19-GIA-03
Pro-ject Title: Nei�hbol-Itoo(i'C'onununity C)tltreach and Protection
Project Period: Julv I, 2018 to June 30. 2019
Project Amount: S 50.000.00
You may begin to request funds fOr YOUr project by submitting a completed Request for Funds
and Cash Balance Report Form (AG/C'PJAD form 7) and the Project Expenditure and
Obligations Report (AG/CPJAD form 8) to our office. The forms are available at
littp:;;`ag.haxvaii.gov/cpjrvgj l
A final progress repolrt is due by Au 'Ust 1 2019. ll'you hnve any questions or concerns
regarding the contract, please call Dawn Iviar-tin at 580-1164.
Sincerely,
Julie I hato
Administrator
Enclosure ,
C: MAD Fiscal
� (7)ntract No. 19-GIA-03
STATE OF HAWAII
AGREEMENT FOR GRANTS
THIS AGREEMENT, effective July 1, 2018, is entered into
between the Department of the Attorney General , State of Hawaii
(hereinafter "STATE"), by Dana Viola
its First
Deputy Attorney General, whose address is 425 Queen Street,
Honolulu, Hawaii 96813 and Hawaii Police Department
(hereinafter "GRANTEE"), a person whose residence address is
f,
or a
corporation for profit or non-profit, organized under the laws
of the State of Hawaii, or county agency, whose business address is
349 Kaniolani Street, Hilo, Hawaii 96720 .
RECITALS
A. Chapter 42F, Hawai'i Revised Statutes (HRS), establishes
standards for disbursing public funds to individuals or
organizations to fulfill specified public purposes.
B. The GRANTEE has requested funding from the STATE for the
project or program described in Attachment 1 of this Agreement.
C. The STATE finds that GRANTEE's performance, as described in
Attachment 1 of this Agreement, will fulfill the public purpose
set forth herein.
D. The Legislature has determined that the GRANTEE's project
provides direct benefits to the public and accomplishes a public
purpose.
E. The STATE desires to contract with the GRANTEE to fulfill the
specific public purpose and the GRANTEE is agreeable to
perform under the Agreement.
Page 1 Revised 12/07/2016
- �,Contract No. 19-GIA-03
F. The Legislature has appropriated and made available moneys to
fund this Agreement in the amount of $50,000.00
G. Pursuant to Chapter 42F, HRS, the STATE is authorizedto
enter into this Agreement.
NOW, THEREFORE, in consideration of the promises contained in
this Agreement, the STATE and GRANTEE agree as follows:
1. Scope of Performance. The GRANTEE shall perform, in a
proper and satisfactory manner as determined by the STATE, the project as
described in "Scope of Performance" set forth in Attachment 1, which is
hereby made a part of this Agreement.
2. Time of Performance. The performance required of the
GRANTEE under this Agreement shall be completed in accordance with the
"Time Schedule" set forth in Attachment 2, which is hereby made a part of
this Agreement.
3. Compensation. The GRANTEE shall be compensated for
performance and costs incurred under this Agreement in accordance with the
"Compensation and Payment Schedule" set forth in Attachment 3, which is
hereby made a part of this Agreement.
4. Conditions. GRANTEE confirms that:
A. GRANTEE is licensed or accredited, in accordance with
federal, state or county statutes, rules, or ordinances, to conduct the activities
or provide the services for which a grant is awarded.
B. GRANTEE complies with all applicable federal and state
laws prohibiting discrimination against any person on the basis of race,
national origin, religion, creed, sex, age, sexual orientation, or disability.
C. GRANTEE agrees not to use state funds for
entertainment or lobbying activities.
D. GRANTEE agrees to allow the STATE, any State
legislative committee and their staff, and the State Auditor full access to
their records, reports, files, and other related documents and information for
Page 2 Revised 12/07/2016
Contract Nio. 19-GIA-03
executed this Agreement effective as of the date first above
written,
STATE
DepArtment of the Attorney General
Agent e
By
Print name: Dana Viola
Its First Deputy Attorney General
Dale
JAS! 14 2019
� -
�- GRANTEE
By
Print name: Paul Ferreira
Its Chief of Police
Date DEC 11. 2018
APPROVED AS TO FORM:
Supervising Deputy Attorney General
Contract No. 19-GIA-03
Attachment 1
SCOPE OF PERFORMANCE
See Exhibit A.
,4
Application for Grant
ff unt, item is not al?lplicahle, the aplAcant shouhl enteP "rant uppliccrhle"
I. Background & Summary
The Hawaii County Police Department's mission values our commitment to preserving the Spirit of
Aloha in Hawaii County. We work cooperatively with our cornin un i ties to enforce the laws, preserve
peace,and provide a safe environment to live, visit and conduct business. The Community Policing
Section of the Police Department sends Community Police Officers out into the communities to form
and cultivate partnerships with community members and provide a more focused approach to policing.
Our goals and objectives specifically to the Neighborhood Watch (NHW) Program are to educate
community members on how to identify, report and prevent criminal activities,provide Community
Police Officers and NHW programs with the adequate tools to combat crime,and to strengthen and
enhance the partnership between both entities.
With criminal activity increasing in Hawaii County, it is important for communities, through the NHW
Program, to take an active role in keeping their neighborhood safe.NHW is a volunteer program and
all manpower are donated by community residents. It is important for Community Police Officers to
provide the necessary guidance, training, and resources needed for volunteer residents to effectively
partner with us to protect their community. NHW programs exist island-wide and our partnership with
them is essential to keeping Hawaii County a safe place to live, work,and play.
II. Service Sutnmary and Outcomes
c
The Hawaii County Police Department's goal for its Neighborhood Watch Program is to enhance
and strengthen their existing.: partnership to lower crime in their respective communities. This is the
task that Community Policing will take on and along with NI-IW, utilize this Grant-in-Aid funding
for.
To obtain this goal. officers and community NHW programs mast be equipped with the proper and
necessary tools. These tools include trainings for officers to better implement the latest trends, best
practices and strategic thinking to become more effective and efficient in working with the NHW
programs. Supplies and equipment are also needed to allow officers to have a more focused
approach on policing in their communities and to increase community outreach events to educate,
create awareness, and recruit. It is the task of Community Policing to ensure they provide proper
support and guidance, that information is passed on to programs in a timely manner and that
programs have what they need to properly serve their community.
To measure the successfulness of attaining our goal, the department will evaluate crime trends per
district,survey NHW community programs to assess their overall satisfaction with our partnership,
and evaluate vulnerable communities to identify if tools utilized by the Grant-in-Aid funding
enhanced their NHW programs and capabilities. Over an annual period, we will use the first 2 to 3
months to plan and procure and the remaining period to execute plans to obtain our goal. This
Grant-in-Aid funding will allow NHW Programs under the Community Policing Program to help
our island become a safer place that exemplifies our mission to preserve the Spirit of Aloha.
Exhibit A
APPLICATION FOR GRANT
FY 2019 GRANT IN AID (GIA)
BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT AMOUNT
A.Salaries and Wages
No.of
Position Title Positions Monthly rate Subtotal
N/A $ $
No.of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
Total Salaries and Wages $N/A
B.Fringe Benefits Employee Benefits %
No.of
Position Title Positions Monthly Rate Subtotal
N/A $ $
No. of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
Total Fringe Benefits $N/A
C. Consultants/Contracts
Length of
Consultand
Estimated Contract
Scope of Consultant/Contract Cost Service Select as Appropriate
N/A $ ❑Consultant ❑Contract
$ ❑Consultant ❑Contract
Itemize for mainland/interisland No.of No,of
airfare,ground transportation, Travelers as Days
rental car,per diem Unit Cost applicable Subtotal
$ $
Total Consultants/Contracts $N/A
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No.of
Itemize for mainland/interisland Travelers No.of
airfare,ground transportation,rental as Days
car,per diem Unit Cost applicable Subtotal
Travel for trainings $ $10,000 Various trainings as
applicable to NHW
program
$ $
Total Transportation and Subsistence $10,000
E. Office Supplies
Itemize supplies and related costs such Cost by Unit
as printing,paper,binders,etc. Quantity Subtotal
Outreach Materials $ $7,000 Various NHW
informational,
educational supplies
NHW Supplies $ $7,000 For NHW
community
programs to include
office supplies,
signage
$ $
Total Office Supplies $14,000
F. Equipment
Specify equipment that will be
purchased,leased,or rented. Quantity Cost by Unit Subtotal
Laptop computers 3 $1,450 $4,350
Keiki ID kits 4 $1,750 $7,000
Community Policing Bicycles 4 $1,250 $5,000
Projectors/Screens 1 $650 $650
Total Equipment $17,000
G.Other Costs Quantity Cost by Unit Subtotal
Bicycle Police Uniforms 36 $250 $9,000
Total Other Costs $9,000
H. Indirect Costs Base Rate(%) Subtotal
N/A $ $
Total Indirect Costs $
TOTAL PROJECT COSTS $50,000.00
BUDGET EXPLANATION:
A. Salaries and Wages N/A
B. Fringe Benefits N/A
C. Consultants/Contracts N/A
D. Transportation and Subsistence
Training for Community Police Officers(CPO)to include training fees and travel costs. These training opportunities
would help CPOs to better implement the latest trends, best practices and strategic thinking to become more
effective and efficient officers working along with the NHW programs. No specific trainings have been looked at, but
training opportunities do arise throughout the year.
E. Office Supplies
NHW outreach materials will consist of educational information to assist in educating public of the NHW program
and help to recruit community members in joining a NHW team to make their neighborhood a safer place.
NHW supplies include signage, uniforms, logoed items which will allow NHW to actively maintain a presence in their
neighborhood.These items allow for criminals to be informed that NHW is active in the community and are
monitoring criminal activity in the community. Newer signs and logos inform potential criminals that the NHW
program is currently active as new signage present signs that NHW activity is recent and ongoing.
F. Equipment
Keiki ID printers for NHW/community events.The purpose of the Keiki ID's is to have a current updated photo of the
child to provide a tool and assist in emergencies, in the event a parent,grandparent or other guardian needs to
relocate a lost or missing child. This also helps to build the interaction with the neighborhoods/communities and
the police department and serve as a great outreach tool.
Computer and training equipment such as laptops and projectors (other costs)will be used at NHW meetings,
trainings, presentations,and community outreach.
Additional bicycles will allow officers another tool to have a more focused approach in neighborhoods/communities
to show police presence and deter crime.
G. Other Costs
Bike uniforms for CPOs island-wide and bikes for various districts on the Big Island. This will help officers to be
professional and uniform as a unit and stay active showing their presence in communities and allow for better
patrolling of specific neighborhoods.
'atract No. 19-GIA-03
purposes of monitoring, measuring the effectiveness, and ensuring the proper
expenditure of the grant.
E. If GRANTEE is a non-profit organization, that
GRANTEE is incorporated under the laws of the State of Hawaii.
F. If GRANTEE is a non-profit organization, that
GRANTEE has bylaws or policies that describe the manner in which the
activities or services for which a grant is awarded shall be conducted or
provided.
G. If GRANTEE is a non-profit corporation, that GRANTEE
has been determined and designated to be a non-profit organization by the
Internal Revenue Service.
H. If GRANTEE is a non-profit corporation, that GRANTEE
has a governing board whose members have no material conflict of interest
and serve without compensation.
5. Standards of Conduct Declaration, The Standards of
Conduct Declaration by GRANTEE, set forth in Attachments 4 is hereby
incorporated herein and made a part of this Agreement.
6. Other Terms and Conditions. The General Conditions and the
Special Conditions (if any), set forth in Attachments 5 and 6 are hereby
incorporated herein and made a part of this Agreement. In the event of a
conflict among the documents, the order of precedence shall be as follows: (1)
Agreement, including attachments and addenda; (2) GRANTEE's approved
application for grant.
7. Availability of Funds. This Agreement is subject to the
availability of funds and restrictions that may be imposed by the Department
of Budget and Finance and the Governor.
IN WITNESS WHEREOF, the STATE and the GRANTEE have
Page 3 Revised 12/07/2016
H. Indirect Costs NIA
Contract No. 19-GIA-03
Attachment 2
TIME SCHEDULE
This Agreement shall be in effect for the period from July 1,2018 to June 30, 2019 unless this
Agreement is sooner terminated as hereinafter provided or unless this Agreement is extended in
accordance with Section 4.1.1 General Conditions.
4,
AG Form 103F11 (10/08)
Contract No. 19-GIA-03
Attachment 3
COMPENSATION AND PAYMENT SCHEDULE
Subject to continuing availability of funds, STATE agrees to pay GRANTEE, for
services satisfactorily performed under this Contract, a sum not to exceed fifty thousand
and 00/100 dollars ($50:000) to be spent for the purposes of this Contract. This sum
represents any and all compensation to be paid to GRANTEE for any and all services it
provides, and for any and all travel costs, materials,supplies, equipment, overhead, taxes,
and other incidentals and operating expenses which it incurs or may incur in connection
with the Contract.
METHOD OF PAYMENT.
1. All funds available for use under this Contract shall be subject to the allotment
system as provided in Chapter 37, Hawaii Revised Statutes.
2. Payments to GRANTEE under this Contract shall be made in accordance with
and subject to the following provisions:
a. Upon request by GRANTEE in a form acceptable to STATE, payment
shall be made in a minimum of four installments. GRANTEE may request
up to twenty-five percent(25%) of available funds in the first installment
after contract execution and the GRANTEE submits its first quarterly
financial report(for the period ending September 30, 2018). GF&A 1
Mw _qu t p to went ,due porcen :2 % of. vain abl.® ,y, s the %0 m t � l
MEW
se� dPhe��`gsubmit�teo®ndaacial
quiff.b—flyaaportabe ®1 , or when
otherwise requested by the STATE. GRANTEE may request up to
twenty-five percent (25%)of available funds in the third installment after
the GRANTEE submits its third financial quarterly report(for the period
ending March 31, 2019), or when otherwise requested by the STATE. The
final twenty-five percent(25%)may be requested by GRANTEE by June
1, 2019(for the period ending June 30,2019),or when otherwise
requested by the STATE.
b. Payment 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.
c. GRANTEE shall submit quarterly financial reports fifteen(15) calendar
days after the end of each calendar quarter.
d. The final fiscal reports must be received by STATE VaWjsjxty(60 days
aft r e d to h' tate tes or unless mandated earlier by
STATE.
e. If an amount of reported expenditures is preliminarily determined by
STATE to be inappropriate and unallowable, STATE may deduct an
equivalent amount from the next payable installment and may withhold
Contract No. 19-GIA-03
payment of the amount of moneys equivalent to the questioned
expenditures until later resolution of the discrepancy by audit or other
means. If, after payment of the last installment, investigation and
examination reveal additional expenditures that are determined by STATE
to be inappropriate and unallowable, STATE may require that an
equivalent amount of moneys be refunded to STATE notwithstanding
STATE's preliminary determination of appropriateness and allowability.
f. > �; el� rlad. �pil r u,1t in
t �iei�e�'�c e e ,�xa. l e.
t= - ® ved by
and
t
CONTRACT NO. 19-GIA-03
PROVIDER'S
STANDARDS OF CONDUCT DECLARATION
For the purposes of this declaration:
"Agency" means and includes the State, the legislature and its committees, all executive departments,
boards, 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,
and judges. (Section 84-3, HRS).
On behalf of:
Hawaii Police Department
ame qfPRU ER)
PROVIDER, the undersigned does declare as follows:
1. PROVIDER ❑ 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. PROVIDER has not been represented or assisted personally in the matter by an individual who has
been an employee of the agency awarding 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. PROVIDER 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. PROVIDER 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).
PROVIDER 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, Hawai'i Revised
Statutes, commonly referred to as the Code of Ethics, including the provisions which are the source of the
- Reminder to agency: If the"is"block is checked and if the Contract involves goods or services of a value in excess of$10,000,the
Contract may not be awarded unless the agency posts a notice of its intent to award it and tiles a copy of the notice with the State
Ethics Commission. (Section 84-15(a),HRS).
AG Form 103F9(10/08)
Standards of Conduct Declaration
Page 1 of 2
CONTRACT NO. 19-GIA•03
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.
P ER
(Signawre)
Print Name Paul Ferreira
Print Title Chief of Police
Hawaii Police Department
Date DEC 112018
AG Fonn 103F9(10/08)
Standards of Conduct Declaration
Page 2 of 2
Attachment 5
CONTRACT NO. 19-GIA-03
GENERAL CONDITIONS FOR HEALTH & HUMAN SERVICES CONTRACTS
TABLE OF CONTENTS
Pa e s
1. Representations and Conditions Precedent............................................................................................ 1
1.1 Contract Subject to the Availability of State and Federal Funds.................................................... 1
1.1.1 State Funds.......................................................................................................................... 1
1.1.2 Federal Funds...................................................................................................................... i
1.2 Representations of the PROVIDER................................................................................................ 1
1.2.1 Compliance with Laws ....................................................................................................... 1
1.2.2 Licensing and Accreditation............................................................................................... I
1.3 Compliance with Laws ................................................................................................................... I
1.3.1 Smoking Policy................................................................................................................... I
1.3.2 Drug Free Workplace.......................................................................................................... 1
1.3.3 Persons with Disabilities.....................................................................................................2
1.3.4 Nondiscrimination...............................................................................................................2
1.4 Insurance Requirements..................................................................................................................2
1.5 Notice to Clients.............................................................................................................................2
1.6 Reporting Requirements.................................................................................................................3
1.7 Conflicts of Interest.........................................................................................................................3
2. Documents and Files............................................ ..................3
2.1 Confidentiality of Material ............................................................................... ......... ..... 3
i
2.1.1 Proprietary or Confidential Information............................................................................. 3
2.1.2 Uniform Information Practices Act.................................... .......................... 3
2.2 Ownership Rights and Copyright.................................................................................................... 3
2.3 Records Retention...........................................................................................................................3
3. Relationship between Parties...................................................................................................................4
3.1 Coordination of Services by the STATE ....... 4
3.2 Subcontracts and Assignments .......................................................................................................4
3.3 Change of Name .............................................................................................................................4
3.4 Independent Contractor Status and Responsibilities, Including Tax Responsibilities...................4
3.4.I Independent Contractor.......................................................................................................4
AG Form 103F(IO/08)
General Conditions
Table of Contents
CONTRACT NO. 19-GIA-03
3.4.2 Contracts with other individuals and entities......................................................................4
3.4.3 PROVIDER's employees and agents..................................................................................5
3.4.4 PROVIDER's Responsibilites............................................................................................5
3.5 Personnel Requirements..................................................................................................................6
3.5.1 Personnel.............................................................................................................................6
3.5.2 Requirements......................................................................................................................6
4. Modification and Termination of Contract............................................................................................6
4.1 Modifications of Contract............................................................................................................... 6
4.1.1 In writing.............................................................................................................................6
4.1.2 No oral modification...........................................................................................................6
4.1.3 Tax clearance...................................................................................................................... 6
4.2 Termination in General...................................................................................................................6
4.3 Termination for Necessity or Convenience.................................................................................... 7
4.4 Termination by PROVIDER........................................................................................................... 7
4.5 STATE's Right of Offset................................................................................................................ 7
5. Indemnification......................................................................................................................................... 7
5.1 Indemnification and Defense.......................................................................................................... 7
5.2 Cost of Litigation............................................................................................................................7
6. Publicity..................................................................................................................................................... 8
6.1 Acknowledgment of State Support................................................................................................. 8
6.2 PROVIDER's publicity not related to contract.............................................................................. 8
7. Miscellaneous Provisions.......................................................................................................................... 8
7.1 Nondiscrimination........................................................................................................................... 8
7.2 Paragraph Headings •••• 8
3'
7.3 Antitrust Claims.............................................................................................................................. 8
7.4 Governing Law............................................................................................................................... 8
7.5 Conflict between General Conditions and Procurement Rules....................................................... 8
7.6 Entire Contract................................................................................................................................ 8
7.7 Severability.....................................................................................................................................9
7.8 Waiver.............................................................................................................................................9
AG Form 103E(10/08)
General Conditions
Table of Contents
11
CONTRACT NO. 19-GIA-03
7.9 Execution in Counterparts...............................................................................................................9
8. Confidentiality of Personal Information.................................................................................................9
8.1 Definitions.......................................................................................................................................9
8.1.1 Personal Information...........................................................................................................9
8.1.2 Technological Safeguards................................................................................................... 9
8.2 Confidentiality of Material ........................................................................................................... 10
8.2.1 Safeguarding of Material.................................................................................................. 10
8.2.2 Retention, Use, or Disclosure........................................................................................... 10
8.2.3 Implementation of Technological Safeguards.................................................................. 10
8.2.4 Reporting of Security Breaches........................................................................................ 10
8.2.5 Mitigation of Harmful Effect............................................................................................ 10
8.2.6 Log of Disclosures............................................................................................................ 10
8.3 Security Awareness Training and Confidentiality.Agreements.................................................... 10
8.3.1 Certification of Completed Training................................................................................. 10
8.3.2 Certification of Confidentiality Agreements.................................................................... 10
8.4 Termination for Cause.................................................................................................................. I 1
8.5 Records Retention......................................................................................................................... 11
8.5.1 Destruction of Personal Information................................................................................. 11
8.5.2 Maintenance of Files, Books, Records............................................................................. 11
II..
t
AG Form 103F(!0/08)
General Conditions
Table of Contents
Ill
i
GENERAL CONDITIONS FOR HEALTH& HUMAN SERVICES CONTRACTS
1. Representations and Conditions Precedent
1.1 Contract Subject to the Availability of State and Federal Funds.
1.1.1 State Funds. This Contract is, at all times, subject to the appropriation and allotment of
state funds, and may be terminated without liability to either the PROVIDER or the
STATE in the event that state funds are not appropriated or available.
1.1.2 Federal Funds. To the extent that this Contract is funded partly or wholly by federal
funds,this Contract is subject to the availability of such federal funds. The portion of this
Contract that is to be funded federally shall be deemed severable, and such federally
funded portion may be terminated without liability to either the PROVIDER or the
STATE in the event that federal funds are not available. In any case, this Contract shall
not be construed to obligate the STATE to expend state funds to cover any shortfall
created by the unavailability of anticipated federal funds.
1.2 Representations of the PROVIDER. As a necessary condition to the formation of this Contract,
the PROVIDER makes the representations contained in this paragraph, and the STATE relies
upon such representations as a material inducement to entering into this Contract.
1.2.1 Compliance with Laws. As of the date of this Contract, the PROVIDER complies with
all federal, state, and county laws, ordinances, codes, rules, and regulations, as the same
may be amended from time to time,that in any way affect the PROVIDER's performance
of this Contract.
1.2.2 Licensing and Accreditation. As of the date of this Contract, the PROVIDER holds all
licenses and accreditations required under applicable federal, state, and county laws,
ordinances, codes, rules, and regulations to provide the Required Services under this
Contract.
1.3 Compliance with Laws. The PROVIDER shall comply with all federal, state, and county laws,
ordinances, codes,rules,and regulations, as the same may be amended from time to time, that in
any way affect the PROVIDER's performance of this Contract, including but not limited to the
laws specifically enumerated in this paragraph:
1.3.1 Smoking Policy. The PROVIDER shall implement and maintain a written smoking
policy as required by Chapter 328K, Hawaii Revised Statutes (HRS), or its successor
provision.
1.3.2 Drug Free Workplace. The PROVIDER shall implement and maintain a drug free
workplace as required by the Drug Free Workplace Act of 1988.
Page 1 of l 1
AG Form 103F(IO/08)
General Conditions
CONTRACT NO. 19-GIA-03
1.3.3 Persons with Disabilities. The PROVIDER shall implement and maintain all practices,
policies, and procedures required by federal, state, or county law, including but not
limited to the Americans with Disabilities Act (42 U.S.C. §12101, et seq.), and the
Rehabilitation Act(29 U.S.C.§701, et
1.3.4 Nondiscrimination. No person performing work under this Contract, including any
subcontractor, employee, or agent of the PROVIDER, shall engage in any discrimination
that is prohibited by any applicable federal, state, or county law.
1.4 Insurance Requirements. The PROVIDER shall obtain from a company authorized by law to
issue such insurance in the State of Hawai'i commercial general liability insurance ("liability
insurance") in an amount of at least TWO MILLION AND NO/100 DOLLARS ($2,000,000.00)
coverage for bodily injury and property damage resulting from the PROVIDER's performance
under this Contract. The PROVIDER shall maintain in effect this liability insurance until the
STATE certifies that the PROVIDER's work under the Contract has been completed
satisfactorily.
The liability insurance shall be primary and shall cover the insured for all work to be performed
under the Contract, including changes, and all work performed incidental thereto or directly or
indirectly connected therewith.
A certificate of the liability insurance shall be given to the STATE by the PROVIDER. The
certificate shall provide that the STATE and its officers and employees are Additional Insureds.
The certificate shall provide that the coverages being certified will not be cancelled or materially
changed without giving the STATE at least 30 days prior written notice by registered mail.
Should the "liability insurance" coverages be cancelled before the PROVIDER's work under the
Contract is certified by the STATE to have been completed satisfactorily, the PROVIDER shall
immediately procure replacement insurance that complies m all respects with the requirements of
this section.
Nothing in the insurance requirements of this Contract shall be construed as limiting the extent
of PROVIDER's responsibility for payment of damages resulting from its operations under this
Contract, including the PROVIDER's separate and independent duty to defend, indemnify, and
hold the STATE and its officers and employees harmless pursuant to other provisions of this
Contract.
1.5 Notice to Clients. Provided that the term of this Contract is at least one year in duration, within
180 days after the effective date of this Contract, the PROVIDER shall create written procedures
for the orderly termination of services to any clients receiving the Required Services under this
Contract, and for the transition to services supplied by another provider upon termination of this
Contract, regardless of the circumstances of such termination. These procedures shall include, at
Page 2 of l l
AG Form 103F(l0/08)
General Conditions
19-GIA-03
CONTRACT NO.
the minimum, timely notice to such clients of the termination of this Contract, and appropriate
counseling.
1.6 Reporting Requirements. The PROVIDER shall submit a Final Project Report to the STATE
containing the information specified in this Contract if applicable, or otherwise satisfactory to the
STATE, documenting the PROVIDER's overall efforts toward meeting the requirements of this
Contract, and listing expenditures actually incurred in the performance of this Contract. The
PROVIDER shall return any unexpended funds to the STATE.
1.7 Conflicts of Interest. In addition to the Certification provided in the Standards of Conduct
Declaration to this Contract, the PROVIDER represents that neither the PROVIDER nor any
employee or agent of the PROVIDER, presently has any interest, and promises that no such
interest, direct or indirect, shall be acquired, that would or might conflict in any manner or
degree with the PROVIDER's performance under this Contract.
f
2. Documents and Files
2.1 Confidentiality of Material.
2.1.1 Proprietary or Confidential Information._ All material given to or made available to the
PROVIDER by virtue of this Contract that is identified as proprietary or confidential
information shall be safeguarded by the PROVIDER and shall not be disclosed to any
individual or organization without the prior written approval of the STATE.
2.1.2 Uniform Information Practices Act. All information, data, or other material provided by
the PROVIDER to the STATE shall be subject to the Uniform Information Practices Act,
chapter 92F, FIRS, and any other applicable law concerning information practices or
confidentiality.
2.2 Ownership Rights and Copyright. The STATE shall have complete ownership of all material,
both finished and unfinished that is developed, prepared, assembled, or conceived by the
PROVIDER pursuant to this Contract, and all such material shall be considered"works made for
hire." All such material shall be delivered to the STATE upon expiration or termination of this
Contract. The STATE, in its sole discretion, shall have the exclusive right to copyright any
product, concept, or material developed, prepared, assembled, or conceived by the PROVIDER
pursuant to this Contract.
2.3 Records Retention. The PROVIDER and any subcontractors shall maintain the books and
records that relate to the Contract, and any cost or pricing data for three (3) years from the date
of final payment under the Contract. In the event that any litigation, claim, investigation, audit,
or other action involving the records retained under this provision arises, then such records shall
be retained for three (3) years from the date of final payment, or the date of the resolution of the
action, whichever occurs later. During the period that records are retained under this section, the
Page 3 of 1 I
AG Form 103F(!0/08)
General Conditions
CONTRACT NO. 19-GIA-03
PROVIDER and any subcontractors shall allow the STATE free and unrestricted access to such
records.
3. Relationship between Parties
3.1 Coordination of Services by the STATE The STATE shall coordinate the services to be
provided by the PROVIDER in order to complete the performance required in the Contract. The
PROVIDER shall maintain communications with the STATE at all stages of the PROVIDER's
work, and submit to the STATE for resolution any questions which may arise as to the
performance of this Contract.
3.2 Subcontracts and Assignments The PROVIDER may assign or subcontract any of the
PROVIDER's duties, obligations, or interests under this Contract, but only if(i) the PROVIDER
obtains the prior written consent of the STATE and (ii) the PROVIDER's assignee or
subcontractor submits to the STATE a tax clearance certificate from the Director of Taxation,
State of Hawai'i, and the Internal Revenue Service showing that all delinquent taxes, if any,
levied or accrued under state law against the PROVIDER's assignee or subcontractor have been
paid. Additionally, no assignment by the PROVIDER of the PROVIDER's right to
compensation under this Contract shall be effective unless and until the assignment is approved
by the Comptroller of the State of Hawaii, as provided in section 40-58,HRS.
3.3 Chante of Name. When the PROVIDER asks to change the name in which it holds this
Contract, the STATE, shall, upon receipt of a document acceptable or satisfactory to the STATE
indicating such change of name such as an amendment to the PROVIDER's articles of
incorporation, enter into an amendment to this Contract with the PROVIDER to effect the
change of name. Such amendment to this Contract changing the PROVIDER's name shall
specifically indicate that no other terms and conditions of this Contract are thereby changed,
unless the change of name amendment is incorporated with a modification or amendment to the
Contract under paragraph 4.1 of these General Conditions.
3.4 Independent Contractor Status and Responsibilities Including Tax Responsibilities
3.4.1 Independent Contractor. In the performance of services required under this Contract, the
PROVIDER is an "independent contractor," with the authority and responsibility to
control and direct the performance and details of the work and services required under
this Contract; however, the STATE shall have a general right to inspect work in progress
to determine whether, in the STATE's opinion, the services are being performed by the
PROVIDER in compliance with this Contract.
3.4.2 Contracts with Other Individuals and Entities. Unless otherwise provided by special
condition, the STATE shall be free to contract with other individuals and entities to
provide services similar to those performed by the Provider under this Contract, and the
Page 4 of 11
AG Form 103F(l0/08)
General Condidons
CONTRACT NO. 19-GIA-03
PROVIDER shall be free to contract to provide services to other individuals or entities
while under contract with the STATE.
3.4.3 PROVIDER's Employees and Agents. The PROVIDER and the PROVIDER's
employees and agents are not by reason of this Contract,agents or employees of the State
for any purpose. The PROVIDER and the PROVIDER's employees and agents shall not
be entitled to claim or receive from the STATE any vacation, sick leave, retirement,
workers' compensation, unemployment insurance, or other benefits provided to state
employees. Unless specifically authorized in writing by the STATE, the PROVIDER and
the PROVIDER's employees and agents are not authorized to speak on behalf and no
statement or admission made by the PROVIDER or the PROVIDER's employees or
agents shall be attributed to the STATE, unless specifically adopted by the STATE in
writing.
3.4.4 PROVIDER's Responsibilities. The PROVIDER shall be responsible for the accuracy,
completeness, and adequacy of the PROVIDER's performance under this Contract.
Furthermore, the PROVIDER intentionally, voluntarily, and knowingly assumes the sole
and entire liability to the PROVIDER's employees and agents, and to any individual not
a party to this Contract, for all loss, damage, or injury caused by the PROVIDER, or the
PROVIDER's employees or agents in the course of their employment.
The PROVIDER shall be responsible for payment of all applicable federal, state, and
county taxes and fees which may become due and owing by the PROVIDER by reason of
this Contract, including but not limited to (i) income taxes, (ii) employment related fees,
assessments, and taxes, and (iii) general excise taxes. The PROVIDER also is
responsible for obtaining all licenses, permits, and certificates that may be required in
order to perform this Contract.
The PROVIDER shall obtain a general excise tax license from the Department of
Taxation, State of Hawaii, in accordance with section 237-9, HRS, and shall comply
with all requirements thereof. The PROVIDER shall obtain a tax clearance certificate
from the Director of Taxation, State of Hawaii, and the Internal Revenue Service
showing that all delinquent taxes, if any, levied or accrued under state law against the
PROVIDER have been paid and submit the same to the STATE prior to commencing any
performance under this Contract. The PROVIDER shall also be solely responsible for
meeting all requirements necessary to obtain the tax clearance certificate required for
final payment under section 103-53, HRS,and these General Conditions.
The PROVIDER is responsible for securing all employee-related insurance coverage for
the PROVIDER and the PROVIDER's employees and agents that is or may be required
by law, and for payment of all premiums, costs, and other liabilities associated with
securing the insurance coverage.
Page 5 of 11
AG Form 103F(10/08)
General Conditions
CONTRACT NO. 19-GIA-03
3.5 Personnel Requirements.
3.5.1 Personnel.The PROVIDER shall secure, at the PROVIDER's own expense,all personnel
required to perform this Contract, unless otherwise provided in this Contract.
3.5.2 Requirements. The PROVIDER shall ensure that the PROVIDER's employees or agents
are experienced and fully qualified to engage in the activities and perform the services
required under this Contract, and that all applicable licensing and operating requirements
imposed or required under federal, state, or county law, and all applicable accreditation
and other standards of quality generally accepted in the field of the activities of such
employees and agents are complied with and satisfied.
4. Modification and Termination of Contract
4.1 Modification of Contract.
4.1.1 In Writing. Any modification, alteration, amendment, change, or extension of any term,
provision, or condition of this Contract permitted by this Contract shall be made by
written amendment to this Contract, signed by the PROVIDER and the STATE.
4.1.2 No Oral Modification. No oral modification, alteration, amendment, change, or
extension of any term, provision or condition of this Contract shall be permitted.
4.1.3 Tax Clearance. The STATE may, at its discretion, require the PROVIDER to submit to
the STATE, prior to the STATE's approval of any modification, alteration, amendment,
change, or extension of any term, provision, or condition of this Contract, a tax clearance
from the Director of Taxation, State of Hawaii, and the Internal Revenue Service
showing that all delinquent taxes, if any, levied or accrued under state and federal law
against the PROVIDER have been paid.
4.2 Termination in General. This Contract may be terminated in whole or in part because of a
reduction of funds available to pay the PROVIDER, or when, in its sole discretion, the STATE
determines (i) that there has been a change in the conditions upon which the need for the
Required Services was based, or (ii) that the PROVIDER has failed to provide the Required
Services adequately or satisfactorily, or (iii) that other good cause for the whole or partial
termination of this Contract exists. Termination under this section shall be made by a written
notice sent to the PROVIDER ten (10) working days prior to the termination date that includes a
brief statement of the reason for the termination. If the Contract is terminated under this
paragraph, the PROVIDER shall cooperate with the STATE to effect an orderly transition of
services to clients.
Page 6 of I I
AG Form 10317(l 0/08)
General Conditions
CONTRACT NO. 19-GIA-03
4.3 Termination for Necessity or Convenience. If the STATE determines, in its sole discretion, that
it is necessary or convenient, this Contract may be terminated in whole or in part at the option of
the STATE upon ten (10) working days' written notice to the PROVIDER. If the STATE elects
to terminate under this paragraph, the PROVIDER shall be entitled to reasonable payment as
determined by the STATE for satisfactory services rendered under this Contract up to the time of
termination. If the STATE elects to terminate under this section, the PROVIDER shall cooperate
with the STATE to effect an orderly transition of services to clients.
4.4 Termination by PROVIDER. The PROVIDER may withdraw from this Contract after obtaining
the written consent of the STATE. The STATE, upon the PROVIDER's withdrawal, shall
determine whether payment is due to the PROVIDER, and the amount that is due. If the STATE
consents to a termination under this paragraph, the PROVIDER shall cooperate with the STATE
to effect an orderly transition of services to clients.
4.5 STATE's Right of Offset. The STATE may offset against any monies or other obligations that
STATE owes to the PROVIDER under this Contract, any amounts owed to the State of Hawaii
by the PROVIDER under this Contract, or any other contract, or pursuant to any law or other
obligation owed to the State of Hawaii by the PROVIDER, including but not limited to the
payment of any taxes or levies of any kind or nature. The STATE shall notify the PROVIDER
in writing of any exercise of its right of offset and the nature and amount of such offset. For
purposes of this paragraph, amounts owed to the State of Hawaii shall not include debts or
obligations which have been liquidated by contract with the PROVIDER, and that are covered by
an installment payment or other settlement plan approved by the State of Hawaii, provided,
however, that the PROVIDER shall be entitled to such exclusion only to the extent that the
PROVIDER is current, and in compliance with, and not delinquent on, any payments,
obligations, or duties owed to the State of Hawaii under such payment or other settlement plan.
5. Indemnification
5.1 Indemnification and Defense. The PROVIDER shall defend, indemnify, and hold harmless the
State of Hawaii, the contracting agency, and their officers, employees, and agents from and
against any and all liability, loss, damage, cost, expense, including all attorneys' fees, claims,
suits, and demands arising out of or in connection with the acts or omissions of the PROVIDER
or the PROVIDER's employees, officers, agents, or subcontractors under this Contract. The
provisions of this paragraph shall remain in full force and effect notwithstanding the expiration
or early termination of this Contract.
5.2 Cost of Litigation. In case the STATE shall, without any fault on its part, be made a party to any
litigation commenced by or against the PROVIDER in connection with this Contract, the
PROVIDER shall pay any cost and expense incurred by or imposed on the STATE, including
attorneys' fees.
Page 7 of I 1
AG Form 103F(10/08)
General Conditions
CONTRACT NO. 19-GIA-03
6. Publicity
6.1 Acknowledgment of State Support. The PROVIDER shall, in all news releases, public
statements, announcements, broadcasts, posters, programs, computer postings, and other printed,
published, or electronically disseminated materials relating to the PROVIDER's performance
under this Contract, acknowledge the support by the State of Hawaii and the purchasing agency.
6.2 PROVIDER's Publicity Not Related to Contract. The PROVIDER shall not refer to the STATE,
or any office, agency, or officer thereof, or any state employee, or to the services or goods, or
both provided under this Contract, in.any of the PROVIDER's publicity not related to the
PROVIDER's performance under this Contract, including but not limited to commercial
advertisements, recruiting materials, and solicitations for charitable donations.
7. Miscellaneous Provisions
7.1 Nondiscrimination. No person performing work under this Contract, including any
subcontractor, employee, or agent of the PROVIDER, shall engage in any discrimination that is
prohibited by any applicable federal, state,or county law.
7.2 Paragraph Headings. The paragraph headings appearing in this Contract have been inserted for
the purpose of convenience and ready reference. They shall not be used to define, limit, or
extend the scope or intent of the sections to which they pertain.
7.3 Antitrust Claims. The STATE and the PROVIDER recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the purchaser.
Therefore, the PROVIDER hereby assigns to the STATE any and all claims for overcharges as to
goods and materials purchased in connection with this Contract, except as to overcharges which c
result from violations commencing after the price is established under this Contract and which
are not passed on to the STATE under an escalation clause.
7.4 Governing Law. The validity of this Contract and any of its terms or provisions, as well as the
rights and duties of the parties to this Contract, shall be governed by the laws of the State of
Hawaii. Any action at law or in equity to enforce or interpret the provisions of this Contract
shall be brought in a state court of competent jurisdiction in Honolulu, Hawaii.
7.5 Conflict between General Conditions and Procurement Rules. In the event of a conflict between
the General Conditions and the Procurement Rules or a Procurement Directive, the Procurement
Rules or any Procurement Directive in effect on the date this Contract became effective shall
control and are hereby incorporated by reference.
7.6 Entire Contract. This Contract sets forth all of the contracts, conditions, understandings,
promises, warranties, and representations between the STATE and the PROVIDER relative to
this Contract. This Contract supersedes all prior agreements, conditions, understandings,
Page 8 of I I
AG Form 103F(10/08)
General Conditions
4
CONTRACT NO. 19-GIA-03
hich shall have no further force or effect. There are
promises, warranties, and representations, w
ations, oral or written,
no contracts,conditions,understandings, nd he PROVIDERsother than anti , or sastset forth or as referred
express or implied,between the STATE a
to herein.
7.7 Severability. In the event that any provision of this Contract is declared invalid or unenforceable
by a court,such invalidity or unenforceability shall not affect the validity or enforceability of the
remaining terms of this Contract.
7.8 Waiver. The failure of the STATE to insist upon the strict compliance with any term,provision,
or condition of this Contract shall not constitute or be deemed to constitute a waiver or
force the same in accordance with this Contract. The
relinquishment of the STATE's right to en
fact that the STATE specifically refers to one provision of the Procurement Rules or one section
not include other provisions or statutory sections in
of the Hawaii Revised Statutes, and does
this Contract shall not constitute a waiver or relinquishment of the STATE's rights or the
PROVIDER's obligations under the Procurement Rules or statutes.
7,9 Execution in Counterparts. This Contract may be executed in several counterparts,each of
which shall be regarded as an original and all of which shall constitute one instrument.
IS
g. Confidentiality of Personal Information
8.1 Definitions.
Personal Information. "Personal Information"
ant
one more of the following ns an 's first name data elements, rst
when
initial and last name in combinatlon with y
either name or data elements are not encrypted:
1) Social Security number;
Hawaii identification card number;or
2) Driver's license number or
3) Account number,credit or debit card number, access code,or password that
would permit access to an individual's financial information.
Personal information does not include cfrom federal,slor local governmentrecords.einformation that is l
awfully
made available to the general pub
8.1.2 Teehnoloirical Safesuards. "Technological safeguards" means the technology and the
ology to protect and control access to personal
policy and procedures for use of the techn
information.
Page 9 of I 1
AG Form 103F(l0/08)
General Conditions
1 _
CONTRACT NO. 19-GIA-03
8.2 Confidentiality of Material.
8.2.1 Safeguarding of Material. All material given to or made available to the PROVIDER by
the STATE by virtue of this Contract which is identified as personal information, shall be
safeguarded by the PROVIDER and shall not be disclosed without the prior written approval of
the STATE.
8.2.2 Retention, Use.or Disclosure. PROVIDER agrees not to retain, use, or disclose personal
information for any purpose other than as permitted or required by this Contract.
8.2.3 Implementation of Technological Safeguards. PROVIDER agrees to implement
appropriate "technological safeguards"that are acceptable to the STATE to reduce the risk of
unauthorized access to personal information.
8.2.4 Reporting of Security Breaches. PROVIDER shall report to the STATE in a prompt and
complete manner any security breaches involving personal information.
8.2.5 Mitigation of Harmful Effect. PROVIDER agrees to mitigate, to the extent practicable,
any harmful effect that is known to PROVIDER because of a use or disclosure of personal
information by PROVIDER in violation of the requirements of this paragraph.
8.2.6 Log of Disclosures. PROVIDER shall complete and retain a log of all disclosures made
of personal information received from the STATE, or personal information created or received
by PROVIDER on behalf of the STATE.
8.3 Security Awareness Training and Confidentiality Agree
8.3.1 Certification of Completed Training. PROVIDER certifies that all of its employees who
will have access to the personal information have completed training on security awareness
topics related to protecting personal information.
8.3.2 Certification of Confidentiality Agreements. PROVIDER certifies that confidentiality
agreements have been signed by all of its employees who will have access to the personal
information acknowledging that:
1) The personal information collected, used, or maintained by the PROVIDER will
be treated as confidential;
2) Access to the personal information will be allowed only as necessary to perform
the Contract; and
3) Use of the personal information will be restricted to uses consistent with the
services subject to this Contract.
Page 10 of 1 l
AG Form 103F(10/08)
General Conditions
C
CONTRACT NO. 19-GIA-03
8.4 Termination for Cause. In addition to any other remedies provideh b thisforbPROVIDER,thef the
STATE learns of a material breach by PROVIDER of this paragrs p y
STATE may at its sole discretion:
1) Provide an opportunity for the PROVIDER to cure the breach or end the violation; or
2) Immediately terminate this Contract.
In either instance, the PROVIDER and the STATE shall follow chapter 487N, HRS,with respect to
notification of a security breach of personal information.
8,5 Records Retention.
8.5.1 Destruction of Personal Information. Upon snail copies inatioa erthis or electroniContractc form )o DER
shall, pursuant to chapter 487R, HRS, destroy p (P p
personal information received from the STATE.
5.2 Maintenance of Fifes Books Records. The PROVIDER and any subcontractors shall
8 in
maintain the files, books,and records,that relate to the Contract, including any personal
information created or received by the PROVIDER on behalf of the STATE, and any cost
or pricing data, for three(3)years after the date of final payment under the Contract. The
e to be confidential and shall not be disclosed without
personal information shall continuhas
the prior written approval of eco ds thathe Econtam
personal information. After the three(3)year eshall be dention s oyed
ended,the files, books, and
pursuant to chapter 487R,HRS.
i
Page 11 of 11
AG Form 103F(10/08)
General Conditions
-
,
19-GIA-03CON?RACTNO.
SPECIAL CONDITIONS.
GIA Special Conditions
The Grantee agrees, onbehalf ofits agency that:
1. The following General Conditions cited in Attachment 5 are not applicable as a Government Agency:
1.4 Insurance Requirements
3.4.4 Provider's Responsibilities- Paragraph 4, relating to general excise tax license and tax
clearance certificate
4.1.3Tax Clearance
5. Indemnification ' Replace with the following:
G. INDEMNIFICATION.
5.1 |timstrictly understood that the State ofHawaii shall innoway beheld liable for any
damages, cause of action or suits resulting from the acts,activities, or omissions of
Grantee. Grantee shall indemnify and save harmless the State of Hawaii, STATE, and
their officers, agents, and employees from and against any and all liability, loss, actions,
claims, suits, damages, costs orexpenses, including all odornaym'feao,and all claims,
suitm,and demands thsrefor, arising out oforresulting from the acts or omissions of
E;nantee, its officers, mmp|myeea, agento, or subcontractors occurring during or in
connection with the performance mf Grantee's services under this Contract, o,arising out
of or resulting from breach of this Contract by Grantee. Grantee shall defend the State of
Hawaii, STATE, and their officers, agents, and employees against any such action or
claim un|ouo the action or claim involves an act o,omission solely ofSTATE, its officers,
agents, oremployees
5.2 The County ofHawaii will indemnify the State ofHawaii, STATE, and their officers,
agents, and employees to the extent permitted by law, and it is understood that payment is
subject to approval by the county council/or city council, as the case may be.
2. Reporting Requirements: The Grantee shall submit a Final Progress Report to the STATE no later
than July 31. 2D1S.
AGPnou }O3P14(1O/O8)
Page 1