HomeMy WebLinkAboutCOM 0140.025 2002-2004 oJ~~OF Hgw9'
Harry Kim We, Lawrence K Mahuna
1lncnr Polite Chief
;r°;~ Harry S. Kubojiri
,TF OF~N•~ Uepun'Police Chief
County of Hawaii
July 17, 2003 POLICE DEPARTMENT
J49 Kapiolani Street • Hilo, Hawaii 96720-3998
(808) 9353311 Fax (808) 961-8869
TO JAMES Y. ARAKAKI, COUNCIL CHAIR AND COUNCIL MEMBE~S °
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VIA DE NNA SAKO, CO TROLLER ~ ~ r" l
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FROM H S UB IR DEPUTY POLICE CHIEF
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SUBJECT NOTIFICATION OF GRANT AWARD -
Compliance with Ordinance No. 03-91, Section 7(1) c
~
Name of Grant Program: Gang Prevention-Hilo Grant
State Department of Human Services Office
Federal or State Grantor: Youth Services
County Grantee DepartmenUAgency: County Police Department
Grant No.: DHS-02-OYS-1762
Amount of Grant: $85,000.00
Amount of County Match: None
County Revenue & Expenditures Acct 010-201-5219.34 & 3304.75
Grant Period: July 1, 2003 -June 30, 2004
To provide a coordinated system where
community based-agencies and government
orgnaizations work together to address youth
gangs and the issue surrounding these
Purpose of Grant: groups.
If final report required by grantor? yes
Notification Attached: yes
Comm. No. I ~ + fr../
Ref. To: ~'r"""
Ref. Date~~~~
' LINDA LINGLE : a o ~ w~ SHARON L AGNEW
•a• E)cECUTNE DIRECTOR
GOVERNOR
_.1W1/N%
ll "`.'`-mss. :-va• •_..n~
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" ~ - , y : ~ J 3w Phone: (BOB) 587-5700
Fax: (808)587-5734
~'"'aa'a~` Email: GysQpixi.wm
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STATE OF HAWAII ~.'.'i ~~:i ~J f i~ {,Q
DEPARTMENT OF HUMAN SERVICES
I: ni.r; ~ D'1
OFFICE OF YOUTH SERVICES 1 li-. iG f-i i ~ I V L 1'v~
820 MiliWni SVeet Suite 817
Hondulu, Hawaii 98873
July 18, 2003
The Honorable Lawrence K. Mahuna
Police Chief
Hawaii County Police Department
349 Kapiolani Street
Hilo, Hawaii 96720-3998
Dear Chief Mahuna:
Enclosed please find the executed Agreement for Health & Human Services: Transactions
Exempt from Chapter 103F, HRS, contract no. DHS-04-OYS-1762 between the Counry of
Hawaii, Hawaii Police Department (East) and the Office of Youth Services for the period July 1,
2003 through June 30, 2005.
Our specialist assigned to work with you on this Agreement is Jessica Kim who can be reached at
" (808) 587-5724. Please note that all written correspondence and reports pertaining to this
Agreement should reference the contract number to ensure proper routing and timely attention.
Sincerely,
C~G~~~
Sharon L. Agne
Executive Director
Enclosure
ko
DHS- 04 -OYS- 1762
STATE OF HAWAPI
AGREEMENT FOR HEALTH AND HUMAN SERVICES:
TRANSACTIONS EXEMPT FROM CHAPTER 103F, HRS
This Agreement, executed on the respective dates of the signatures of the
parries-shown hereafter, is effective as of (date) .rnly 1 ZD03
between the (agency) Department of Human Services, Office of Youth Services
State of Hawaii (the "STATE', by its Executive Directox
(the "DIRECTOR"), whose address is B20 Mililani Street, Suite H17, Honolulu, Ha,vaii 96813 ,
and County of Hawaii, Hawaii Police Department (East)
(the "PROVIDER"), a (government entity/corporation/partaership/sole proprietorship/other
b~iap,~ fv~) goveznment entity
r
whose business address and taxpayer identification number are: 25 Aupuni St: , silo,
Hawaii 9672D State ID U300-16002 Federal ID $99-600D567
RECITALS
A. This Agreement is for a purchase of health and human services that is exempt
from the requirements of Chapter 103F, HRS, because:
? this Agreement is between or among government agencies as provided
in Section 103F-101(a)(2), HRS;
? this Agreement is to award grants or subsidies of state funds
appropriated by the legislature to a specific organization as provided
im Section 103F-101(a)(1), HRS, and Sedivn 3-141-503(a)(2), HAR,
or to award subawards and subgrants to specific organizations directed
by the funding source as provided in Section 3-141-503(a}(1);
? this Agreement is wholly or partly funded from federal sources that
conflict with the procedures and requirements cstabiishcd by Chapter
103F, HRS, and its implementing regulations;
? this Agreement is wholly or partly funded from federal sources that (1)
identifies a target doss of beneficiaries, (2) defines the requirements
for a provider to be qualified to participate in the federal pmgram, and
(3) has the price of the provided health and human services dictated
by federal law;
EXEMPT TRANSACTIONS
Page 1 Form AG3-Fsem(a/99)
? this Agreement is for an affiliation agreement with hospitals and other
health care providers required for University of Hawaii clinical
programs;
? this Agreement is for the services of psychiatrist, or psychologists in
criminal or civil proceedings as required by a court order or by the
rules of the court;
? this Agreement is for a transaction coveted by a written exemption
from the Chief Procurement Officer for the STATE dated
The STATE is in need of the health and human services described in this
Agreement and its exhibits (the "Regrrired.Services"). The PROVIDER is agreeable to
providing the Required Services.
C. Money has been appropriated for the purchase of the Required Services by:
(1) (identify state sources) Act 200 Item F= 6 2003 , SLH , or
(2) (identify federal sources) or both,
in the following amounts:
State: $ 170,000.00
Federal: $
I~, pursuant to {legal authority for Agreement) Section 346-63 , HRS
the STATE is authorized to enter into this Agreement.
E. The undersigned representative of the PROVIDER represents, and the
STATE relies upon such representation, that he or she haz authority io sign this Agreement
by virtue of (check any or all that aPP1Y)~
? corporate resolutions of the PROVIDER or other authorizing
documents such as partnership resolutions;
? corporate by-laws of the PROVIDER, or other similar operating
documents of the PROVIDER, such az a partnership agreement, or an
limited liability company operating agreement;
EXEMPT TRANSACTIONS
Page 2 Foam AG3-F~ccm(4/99)
? the PROVIDER is a sole proprietor and as such does not require any
authorizing documents to sign this Agreement;
Q' the PROVIDER is a government entity, and the undersigned
representative of the PROVIDER is duly-authorized to execute
contracts on behalf such government entity;
? outer evidence of signing authority:
F. The PROVIDER has produced, and the STATE has inspected, a certificate
of incnrance in the amount of N/A DOLLARS
for bodfly injury-and property damage liability arising in connection with
the PROVIDER'S performance under this Agreement
G. The PROVIDER has produced, and the STATE has inspected, a tax clearance
certificate with approval from the State of Hawaii, Department of Taxation, dated
N/A
NOW, THEREFORE, in consideration of the promises contained in this Agreement;
the STATE and the PROVIDER agree as follows:
1. Stove of Services. The PROVIDER shall, in a proper and satisfactory manner
as determined by the STATE, provide the Required Services as xt forth in Exhibit "A" tom
this Agreement, which is attached, and made a part of this Agreement.
2. Term of Agreement. The PROVIDER shall provide the Required Services
from (date) July 1 2003 ,to (date) June 30
2005 .unless this Agreement is sooner terminated.
3, Compensation. The PROVIDER shall be compensated
? in a total amount for all required xtvices not to exceed
ONE HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS (S 170,DOD.00
inciuding fazes, at the time and in the manner xt forth in Exhibit "B"
to this Agreement, which is attached, and made apart of this
Agreement
? based upon referrals to the PROVIDER from the STATE, payment
EI~MPT TRANSACTIONS
Page 3 Form AG3-Fxm(4N9)
for each such referral shall be made according to Exhrbit "B" to this
Agreement, which is attached, and made a part,of this Agreement.
The STATE shall provide a minimum of referrals to
the PROVIDER.
4. Reporting Requirements. In addition to whatever other reports may be
required elsewhere in this Agreement, the PROVIDER shall also submit a Final Project
'Report, by (date) July 30 2005 No amendment to the
PROVIDER'S Final Project Report shall be considered after (date) October 31
2005
S. Standards of Conduct Declaration. The Standards of Conduct Declaration of
the PROVIDER is attached as Exhibit "C", and is made a part of this Agreement.
6. Other Terms and Conditions. The General Conditions for Health and Human
Services Contracts (the "General Conditions") aze attached as Exhibit "D," and are made a
part of this Agreement. If applicable, any Special Conditions are attached as Exhibit "E,"
and are made a part of this Agreement. In the event of a conflict between the General
Conditions and the Special Conditions, the Special Conditions shall control.
7, otices. Any notice, communication, or information required tD be given by
any party to this Agreement shall be made in writing ,and shall be (a) delivered personally,
or (b) sent by United States first class mail, postage prepaid. Notice required to be given
to the DIRECTOR shall be sent to the DIRECTOR'S office in Honolulu, Hawaii. Notice
to the Agency Procurement Officer shall be sent to:
Department of Human Services, P.O. Box 339, Notice t0 the
Honolulu, Hawaii 96809
PROVIDER shall be sent to the PROVIDER at the PROVIDER'S address as indicated in
this Agreement. Notice to the STATE'S Chief Procurement Officer shall be sent to
1.151 Punchbowl Street, 11230-A,
Honolulu Hawaii 96813 A notice shall be deemed to have been received
three (3) days after mailing or at the time of actual receipt, whichever is earlier. The
PROVIDER is responsible for notifying the STATE in writing of any change of address.
EXEMPT TRANSACTIONS
Page 4 Form AG:rFscm(aN9)
IN VIEW OF " ABOVE, the parties execute this Agreement by their signatures, .
on the dates below, to be effective as of the date first above written.
STA
By
Print Name Sharon A iew
Executive Director
Title Office of Youth Services
Department of Human Services
Date JUL 1 8 ~CC3
PROVIDER
By
Print Name Harry S. Kuboiiri
Title Deputy Police Chief
Date June 13, 2003
APFROVED AS TO FORM:
Deputy Attorney General
EXEMPT TRANSACTIONS
Page 5 Focm AG3-Escm(4/99)
THIS POitli IS D~ ~'T~T
Ate IPOYEHw'rrvc'
PROVIDER'S ACKNOWLEDG~IEYT
State of )
SS.
County of )
On this day of , befo me penanally
appeared , to me persaaally tm who being by me
duly sworn, did say that he/she v the of
.the PROVIDER named in the fore ia; instrument, aad that
he/she is authorized to siga said itutrumeat on behalf of the OVIDER, u provided in
Recital E of tha foregoin= Agreemeat, aad aclmowie es that he/she executed said
instrument as the free act and deed of rite PROVIDE
~ tary Public
.caarmitsion esgizex
EXEII~T TRAN3ACriON3 Fars AG3Fssa~l~"~
Pave 6
CERTIFICATION OF EXEMPTION FROM CML SERVICE
1, By Heads of State Departments or Ageneles Pursuant to Delegation of the Director
of Human Resources Developrnrntl
Pursuant to the delegation of the authority by the Director of Human Resources
Development, I certify that the services provided under this Agreement, and the person(s)
providing the setvices~under this Agzeement ate exempt from the civil service, pursuant to
Hawaii Ravi Statute 76-16.
JUL 18 20C3
(sr e) (date)
Sharon L, Agne
Print Name
E~tecutlve Directoz
Print Title Office of Youth Services
Department of Hetmaa Seivicea
2. By the Director of Human Resource Deveiopmm; State of Hawaiil
I certify that the services provided under this Agzeemeat, and the person(s) providing
the services under this Agreement are exempt from the civil service, pursuant to Hawaii
Revised Statutes §76-16U.
(signature) (date)
Print Name
Print Title, if designee of Direcwr
of Human Resources Development
~a P~ of the form may be uxd by all department heads and others to whom the Diceaar of
Human Resoaraes Dereiopment has delegated authority to «rtify Hawau Revised Statutes aeaiou 76.16
civr7 service ertaptionL Thy speoifie paragraph(s) of xaioa 76-16 upon whic$ as aremptions based
should be noted mQ ?~t~
~ oNbeen dele~i ed; o «sheyDieeetor of Human RaaouRrcaa d Sucuses
sections 76-16(Z) B
Development may ceRify aeaqus 76.16(2) and 76•l6(3) eamptioaa,
~n part of the form may be used oeb by the Direaar of Human Resoer«s Development or the
DireaorS designes. See NOTE at footnoa 1.
EXEMPT TRANSACTIONS
pie Form AG"rErem(1.HN1
SCOPE OF SERVICES
The PROVIDER shall, in a proper and satisfactory manner as determined by the STATE,
provide and perform all work described in this Scope of Services in strict accordance
with the terms and conditions of this Agreement.
Overview of Service
• Act 189, 1990 Session Laws of Hawaii, created and funded the Youth Gang
Response System (MGRS) as a means to address in a systematic, comprehensive,
and collaborative way the problem of youth gangs in Hawaii. The YGRS
includes the components of law enforcement and gang intelligence; information
sharing and collaboration; establishment of public awazeness programs; school
and community-based prevention and intervention programs; and reseazch and
evaluation. YGRS funded programs and activities must tazget youth who aze
overrepresented in the juvenile justice system and aze either currently involved in
youth gangs or at-risk of becoming involved in youth gangs. The PROVIDER
shall assist the STATE in coordinating these components of the YGRS.
I. Outcomes Framework
A. The STATE is committed to a safe, healthy, and nurturing community that
' values all youth as productive and contributing members and provides
opportunities for actualization of their highest potential. To realize this
vision, the STATE adheres to the following outcomes for youth and their
families
1. All at-risk youth will be healthy and productive when they:
a. Engage in responsible decision making.
b. Do not engage in delinquent behaviors.
c. Develop positive sense- of self. . _
d. Develop and maintain positive relationships in family,
social, educational, employment, community, and cultural
settings.
e. Achieve a successful "endpoint" transition to young
adulthood, e.g. graduation, emplo}Trtent, post-secondary
education.
2. All at-risk youth ~~111 have access to a continuum of ser~~ices.
Exhibit "A"
Page 1
3. All families and cornmunities shall provide for the healthy and
successful development of all at-risk youth.
4. All youth will be placed in and/or maintain themselves in positive
living situations (family, foster caze, or independent living
situation).
B. The STATE uses an Outcomes Framework which focuses on specific
` changes in youth and family conditions and behaviors. Within the context
of the Outcomes Framework the following YGRS Purpose Areas are
addressed:
1. Purpose Area 1: Law Enforcement and Gaug Intelligence
This azea includes, but is not limited to, activities directly related
to minimizing juvenile delinquent behavior that may be related to
gang involvement. Specific activities include, but are not limited
to, curfew/truancy/gang sweeps; rave party dispersal intervention;
and substance abuse enforcement activities.
2. Purpose Area Z: Information Sharing and Collaboration
This azea includes, but is not limited to, activities directly related
to disseminating gang and related juvenile justice information with
the STATE, Department of Education, Family Court, enforcement
agencies, and community agencies in a county for the purpose of
developing and implementing appropriate intervention strategies.
3. Purpose Area 3: Public Awareness Presentations/Programs
This azea includes, but is not limited to, activities directly related
to raising public awazeness about gang-related delinquent behavior
for the purpose of diminishing youth involvement with gangs.
Specific activities include, but aze not limited to, Public Service
Announcements (FBAs), posters, advertisements, and presentations
to community members, youth service organizations, and
_ _ _ government personnel.__ _ _ . _
4. Purpose Area 4: School and Community-Based Intervention
and Prevention Programs
This azea includes, but is not limited to, activities directly related
to referring juveniles prone to gang involvement to youth service
agencies; counseling such youth in collaboration with school
guidance programs; assisting community-based agencies in
tazgeting youth gang members for job development; tattoo
removal; and activities tazgeting status offenders. Also included in
this section is Positive Alternative Gang Education (PAGE), a
school-based cumculum prevention program.
Exhibit "A"
Page Z
5. Purpose Area 5: Research and Evaluation
This azea includes, but is not limited to, conducting and
disseminating research that profiles Hawaii's youth gangs and
youth gang issues; assessing youth gang-directed programs and
services; describing needs for additional youth gang programs and
services to be implemented; and evaluating the YGRS structure,
activities, and progress towazd achieving YGRS purposes. In
addition, a comprehensive report describing the reseazch and
evaluation findings must be produced for state and national
distribution.
C. To contribute to the achievement of the above YGRS Purpose Areas, the
PROVIDER shall:
1. Specify and submit to the STATE the dates and activities
(milestones) on Gantt Progress Chart, Fotm 14, attached hereto as
Attachment 2 and made a part hereof, prior to execution of this
Agreement.
2. Utilize the Gantt Progress Chart, Form 14, to evaluate progress in
achieving the established targets and activities to address the
YGRS purpose azeas, strengthen programs, and adjust the
projections.
3. Design, implement, and refine programs for youth based on
reseazch or evaluation that provides evidence that the programs
used prevent or reduce risk factors and establish and strengthen
protective factors.
II. Basic Components
In planning and implementing program activities to contribute to achieve the
performance targets and milestones of this Agreement, the PROVIDER shall
incorporate the following basic components that reflect the STATE's philosophy
of youth service:
A. Coordinated Approach. Establish a collaborative and integrated
approach with other community resources to serve the youth targeted by
this Agreement through fonttal agreements, sub-contractual arrangements,
memorandum of agreement, and/or lettezs of agreement with other
agencies and/or community groups.
B. Linkages with Other Agencies. Collaborate and cooperate with other
agencies within the community to plan and implement programs for the
targeted youth to assure youth have access to resources and services and to
effective'ty meet their needs.
Exhibit "A"
Page 3
C. Community Involvement. Engage commtnity members to actively
participate in identifying and prioritizing needs and services offered to
ensure the appropriateness and comprehensiveness of services for the
targeted youth.
D. Cultural Awareness and Identity. Provide services and programs that
aze responsive to and reflect the culture, ethnicity, and idrntity of the
program pazticipants. Deliver services within contexts that promote an
understanding and appreciation of the ethnic and cultural diversity of the
community and provide youth with opportunities to develop an
understanding of self and one's culture and a sense of identity and
belonging.
E. Youth Involvement. Engage youth and provide them with significant
roles in planning and implementing activities, as well as oppomnnities to
contribute to the organization and the community.
F. Developmentally Appropriate Programming. Provide services and
activities --.~:tched to the cogtitive, physical, social, and emotional
developmer.:al abilities of youth, as well as, sensitive to the unique needs
of each program participant.
G. Gender Appropriate Programming. Provide services and activities
responsive to the strrn~ths and unique needs of both females and males.
H. Family Involvement. Provide parent support and strengthening activities
to promote parental competencies and rncourage involvement of family
members and/or significant adults in fostering family cohesion and
positive relationships within diverse family structures.
I. A Caring Adult Relationship. Provide youth with opportunities to be
involved with adults in meaningful interactions and quality relationships
t:.at aze consistent and that provide approval for pro-social behaviors and
sanctions for antisocial behaviors.
III. Program Aciivities
To address the following identified YGRS Purpose Areas, the PROVIDER shall:
A. Purpose Area 1 Law Enforcement and Gang Intelligence
1. Conduct activities directly related to minimizing juvenile
delinquent behavior in communities that may be related to gang
involvement through enforcement activities and monitoring
pertinent intelligence on the establishment and existence of youth
gangs in the County of Hawaii (East).
Exhibit "A"
Page -3
2. Develop, implement, and complete by the end of each budget
period, a Criminal Reduction Unit (CRU) enforcement strategy
that includes at least 30 curfew, truancy, gang sweeps and rave
party dispersals in the County of Hawaii (East).
3. Disseminate the intelligence information to the Hawaii County
Police Departmrnt and other appropriate groups as determined by
the STATE.
4. Recruit, train, and maintain personnel for instruction of the Positive
Alternative Gang Education (PAGE) curriculum; activities directly
related to minimising juvenile delinquent behavior that may be
related to gang involvement; and other gang-related matters.
B. Purpose Area 2: Information Sharing and Collaboration
1. Actively participate in the Statewide Law Enforcement Gang Task
Force (SLEGTF) and the YGRS Working Committee.
2. By the end of each budget period, complete at least 4 different
effective ttainings/presentations of youth gang information and
resources obtained by the SLEGTF quarterly meetings and/or
annual trainings to significant, lazge, representative gatherings of
concerned government, educational, enforcement, and community
agencies.
3. Disseminate gang and related juvenile justice information with
STATE, Department of Education, Family Court, enforcement
agencies, and community agencies for the purpose of developing
and implementing appropriate intervention strategies.
4. Work with the STATE to coordinate services with YGRS agencies,
schools, and the community to idrntify and deal with issues of
_ _ youth involyed_in gangs and youth at-risk for becoming involved
in gangs.
Attend and participate in meetings concerning the YGRS as
coordinated by the STATE.
C. Purpose Area 3: Public Awazrness Presentations/Programs
By the end of each budget period, plan and conduct at least 9 effective
seminars on the topic of gangs to gatherings of youth, pazrnts, educators,
youth service staff, or government personnel. The presentations should
include discussion of gang profiles; gang related delinquency issues such
Exhibit "A"
Page 5
as truancy and substance abuse; prevention and intervention alternatives;
and the YGRS strategy for addressing youth-gang problems.
D. Purpose Area 4: School and Community-Based Intervention and
Prevention
1. By the end of each budget period, provide effective school-based
youth gang prevention curriculum or PAGE to at least 800 public
- school students in the County of Hawaii (East).
2. Provide instruction of the PAGE curriculum in the following
schools: Waiakea Intermediate, Kea'au Middle School,
Kalaniana'ole Intermediate, St. Joseph School, Hilo Intermediate,
Pahoa Intermediate, and Kamehameha Schools.
3. Provide activities that build self-esteem and resistance skills for
youth; create opportunities for youth to take responsibility for
themselves and others in the community through experiential and
service learning activities; be a member of a group and gain an
understanding of group dynamics; and enhance problem-solving
skills.
IV. Other Service Requiremeuts
The PROVIDER shall:
A. Tazget youth between the ages of 11 and 18 who aze overrepresented in
the juvenile justice system and aze either currently involved in youth
gangs or at-risk of becoming involved in youth gangs. Criteria for the
identification of gang members and risk factors identified in "Youth Gang
Programs and Strategies" report by the Office of Juvenile Justice and
Delinquency Prevention, attached hereto as Attachment 3 and made a part
hereof, shall be used when identifying and assessing youth participating in
YGRS_ programs and services. Special effort shall be made to target youth
that aze overrepresented within the juvenile justice system from the
following ethnicities: Samoan, Hawaiian, Filipino and African-American.
B. Provide services for the following geographic azeas: County of Hawaii -
• East Hawaii.
C. Ensure that the time and effort of program staff are appropriately allocated
to provide all of the program activities identified in III. Pro;ram
Activities aad N. Other Service Requiremeuts. These activities shall
correlate with and be in proportion to the overall program goals,
objectives, performance targets, and milestones.
Exhibit "A"
Page 6
D. Refer youth who are identified as status offenders and minor law violators
to STATE services such as the Ho'okala component of the Adolescent
Diversion Services and Youth Service Center programs and other
appropriate services within the community. A list of services is attached
hereto as Attachment 4 and made a part hereof.
E. Submit to the STATE, if applicable, memoranda of agreements and
working agreements with other agencies for services under this Agreemrnt
prior to the services being provided for review for appropriateness and
relevancv.
F. Submit to the STATE, if applicable, subcontracts with other agrncies for
services under this Agreement prior to the service being provided for
review for appropriateness and relevancy. The PROVIDER shall ensure
that all subcontractors comply with the requirements of this Agreemrnt.
Upon the request of the STATE, the PROVIDER shall submit
documentation of the subcontractor's compliance with the requirements of
this Agreemrnt.
V. Administrative Requirements
The PROVIDER shall:
A. Meet with the STATE to discuss any aspect of this Agreement.
B. For the term ofthis A~reemrnt, the PROVIDER shall:
1. Implement the plan described in Attachment 2, the Gantt Progress
Chart, Form 14 ofthis agreemrnt.
2. Submit to the STATE as a quarterly progress report the Gantt
Progress Chart, Form 14. The quarterly program reports aze due
30 calendar days after the end of each quarter or October 30,
January 3Q, and Apri130 ofthe budget period.
3. Submit to the STATE as the Snal program report the Gantt
Progress Chart, Form 14, for each budget period. The final
program report for each budget period is due 30 calendar days after
the end of the last quarter of each budget period or July 30.
4. Specify and submit to the STATE the numerical targets and
milestones on the Gantt Progress Chart, Forth 14, prior to the start
of a new budget period.
C. Submit quarterly expenditure reports on STATE forms 30 days after the
end of each quarter or October 30, January 30, and April 30.
Exhibit "A"
Page 7
D. Submit final expenditure reports for each budget period on STATE forms
30 days after the end of each budget period or July 30.
E. Submit any additional reports, amended forms, or information that the
STATE may require or request within 10 working days of notification.
VI. Quality Assurance and Evaluation Specifications
' This Agreement shall be programmatically and fiscally monitored by the STATE
in accordance with requirements set forth by Chapter 103F, Hawaii Revised
Statutes. The STATE shall:
A. Review program services and reports, including, but not limited to, the
Gantt Progress Chart, Form 14 and other documents submitted to the
STATE, and issues applicable to the services provided.
B. Review, amend, and approve budget, budget revisions, invoices, and
expenditure reports, if the STATE deems appropriate.
C. Review major program service areas, such as staff qualification,
organiaaiion, and effectiveness; outcomes planning, implementation, and
evaluation; collaboration efforts; file maintenance and record keeping;
facility accessibility, suitability, and safety; transportation and other
liability issues; and consumer satisfaction.
D. Conduct periodic site visits, scheduled and/or unscheduled.
Exhibit "A"
Page S
COMPENSATION AND PAYMENT SCHEDULE
1. Sum to be Paid. In full consideration for the services satisfactorily performed by the
PROVIDER under this Agreement, the STATE agrees, subject to allotments to be
made by the Director of Finance, State of Hawaii, pursuant to Chapter 37, Hawaii
Revised Statues, to pay the PROVIDER a total sum of money not to exceed ONE
HUNDRED SEVENTY THOUSAND AND NO/100 dollars ($170,000.001 for the
Agreement period.
2. Method of Paymeut. Payments shall be paid in accordance with and subject to the
following:
a. Payments shall be made in monthly installments upon the monthly submission by
the PROVIDER of an original invoice and three (3) copies for the services
provided in accordance with Exhibit A, "Scope of Services," and in accordance
with the costs identified in the Fiscal and Budget Information attached hereto as
Attachment 1 and made a part hereof. The first payment shall be an advance
installment of approximately one-twelfth (1/12) of the total compensation for a
budget period. The STATE shall withhold a final payment of approximately
one-twelfth (1/12) of the total compensation for each budget period until final
settlement of each budget period of this Agreement.
b. The monthly payments shall be determined by the STATE on a cost reimbursable
basis. After the first payment made in advance, the monthly invoices shall be
based on expenditures actually incurred for the performance of the services
required under this Agreement. Invoices, together with such supporting
documents and progress reports of the performance of services that the STATE
may require to be submitted by the PROVIDER, shall be reviewed by the STATE
and shall be subject to the STATE's preliminary determination of appropriateness
and allowability of the reported expenditures. The STAT`:'s preliminary
determination of appropriateness and allowabi]ity of the reported expenditures
shall be subject to later verification and subsequent audit.
c. If an amount of reported expenditures is preliminarily determined by the STATE
to be inappropriate and unallowable, the STATE may deduct an equivalent
amount from the next payable installment and may withhold 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 prior to final payment in final settlement, investigation and
examination reveal additional expenditures that aze determined by the STATE to
be inappropriate and unallowable, the STATE may require that an equivalent
amount of moneys be refunded by the PROVIDER notwithstanding the STATE's
preliminary determination of appropriateness and allowability. An amount of
moneys to be refunded by the PROVIDER may be offset against the amount of
moneys withheid by the STATE in determining the amount of the final pa}one^.t
Exhibit "B^
Page 1
to be made to the PROVIDER in final settlement of this Agreement. Final
settlement shall include submission and acceptance of all reports and other
materials to be submitted by the PROVIDER to the STATE, resolution of all
discrepancies in performance of services, and completion of all other outstanding
matters under this Agreement.
3. Cost Principles. Payments shall be [Wade in accordance with the State of Hawaii,
State Procurement Office, Chapter 103F, HRS -Cost Principles, Purchases of Health
_ and Human Services and when applicable, in accordance with the Office of
Management and Budget (OMB) Federal Cost Principles (OMB Circular A-21, A-87
or A-122).
4. Budget Revisions. Budget revisions will be accepted on STATE forms up to thirty
(30) calendar days before the end of the budget period. The PROVIDER shall
request in writing to the STAT£ for prior approval for any of the following:
a. Revisions between budget categories (i.e., "A" Personnel Costs and "B" Other
Current Expenses).
b. Additions of new budget line items (i.e., Supplies, Telephone, Utilities, etc.) not
previously budgeted.
c. Revisionu of any budget line items that require a detailed justification form as
indicated by an asterisk on Contract Budget, Form OYS-20~ (revised 7/17/97)
attached hereto as Attachment "1", page 2 (i.e., Salaries, Airfaze, Contractual
Services, Equipment, etc.).
d. Salary increases and any other expenditures that require prior approval in
accordance with the State of Hawaii, State Procurement Office, Chapter 103F,
HRS -Cost Principles, Purchases of Health and Human Services and when
applicable, in accordance with the Office of Management and 3udget (OMB)
Federal Cost Principles (OMB Circular A-21, A-87 or A-122).
e. As requested by the STATE.
Final Payment. Provided that all expenditures are in compliance with the above
Section 4, Budget Revisions, the PROVIDER will be paid the lesser of actual costs
reported on the final expenditure report or the Agreement amount for the budget
period. The STATE will allow expenditures exceeding a budgeted line item (i.e.,
Supplies, Telephone, Utilities, etc.) as long as the total amount for that budget
category (i.e., "A" Personnel Costs and "B" Other Current Expenses) is not exceeded
by more than five percent of that budget category.
6. Reporting Penalty. Should the PROVIDER fail to file the written Program and
Expenditure reports with the STATE on or before the required date, the STATE is
authorized to withhold funds owed to the PROVIDER until such time as the reports
are acceptable and placed on file with the STATE.
Exhibit "B"
Page 2
7. Payments in Accordance with Chapter 40, HRS. All payments shall be made in
accordance with and subject to Chapter 40, Hawaii Revised Statutes.
Exhibit "B"
Page 3
THIS PORlS IS DELELID
AND L~IOPEBATIVE
' STa,`~DARDS OF COtiD[;C'P DECL.aRATIOtY
For the purposes of this declaration:
'Agehey" means and includes the State, the legislature and iu committees, all xecuti~e
departments, boards, commissions, committees, bureaus, offices, the C;niversi of Hawaii.
and all independent commissions and other establishments of the state g ernment but
excluding the courts.
' 'Controlling interest" means as interest is a business or other u dertaking which is
sufficient in fact to control, whether the interest is greater or less th fifty per cent (:t7°c
'Employet" means any nominated, appointed, or elected oific or employee of the State,
including members of boards, Commiccioas, and committees, d employees under contract
to the State or of the constitutional caavention, but exciu g legislator, delegates to the
constitutional convention, justices, and judges.
On behalf of N/s ROVIDER, the undersigned does
declare as follows:
1. PROVIDER ~isl (is notl a legisl r or as employee or a business in which a
legislator or an employee has a caatrolling ' crest.'
Z. PROVIDER has not been assist or represented by a legislator or employes for a
fee or other rnmpensatioa to obtain Agreement and will not be assisud or represented
by a legislator or employes fora a or other campeasation in'the performance of the
Agreement, if the legislator ore piayee had been involved is the development or award
of the Agreement
3. PROVIDER has a been assisted or represented for a fee or other compeasanon
in the award of this meat by an Agenry employee or, is the case of the Legislature,
by a legislator.
3. PROVIDE has not bees represented or assisud personally on matun related to
the Agrecmeat a person who has been an employee of the Agenry within the preceding
two (2) yeah d alto parridpaud while in stau office or employment on the matter with
which the meat is directly wnceraed.
5. OVIDER has rat bcen represented or assisud oa matters related to This
Agze eat, for a fee or other consideration by an individual who. within the past twelve
(1~ months, has been as Agenry employee, or is the casa of the Legislature, a legislator.
Page 1
TffiS POBti IS OELETID
A.~iD LWPEBATIVE
6. PROVIDER has not been represented or assisti:d in the award of this Tigre eat
for a fec or other consideration by an individual who, a) within the past twelve (12) oaths,
sen•ed as an Agenry employee or in the case ~f the Legislature, a legislat ,and bl
,participated while an employes or legislator on matters related to this agree eat.
PROVIDER understands that the Agreement to which this document is att bed is voidable
on behalf of the STATE if this Agreement was entered into in violation f aay provision of
chapter 81, HRS, commaaly referred to as the Code of Ethics, ine ding the provisions
' which are the source of the declarations above. Additionally, any e, compensation. gait.
or profit received by aay persaa as a result of a violation of th Code of Ethia may e
recovered by the STATE.
DATED: Honolulu, Hawaii.
PROVIDER
By
Title
'Reminder to Agenry: If "is" is ci ed, the Agenry is required, under secaion 84-15, HRS.
to file with the State Ethics Co ion, ten (10) days before the Agreement is catered
into, a written justification as why the Agreement was not required to be competitively
bid.
F.zfiibit "C
Page 2
GENERAL CONDITIONS
1. Representations and Conditions Precedent
1.1 Agreement Subiect to the Availability of State and Federal Funds
1.1.1 State Funds. This Agreement is, at all times, subject to the
appropriation 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 Agreement is funded partly or
wholly by federal funds, this Agreement is subject to the availability of
such federal funds. The portion of this Agreement that is to be funded
federally shall be deemed severablb, 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 Agreement 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 Agreement, the PROVIDER makes the representations
contained in this paragraph, and the STATE relies upon such representations
as a material inducement to entering into this Agreement
1.2.1 Compliance with Laws. As of the date of this Agreement, 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, Drat in any way affect the PROVIDER'S
performance of this Agreement
1.2.2-Licensing and Accreditation: -As of the date of this Agreement, the
PROVIDER holds all licenses and accreditations required under
applicable federal, state, and county laws, ordinances, codes and rules
to provide the Required Servicrs under this Agreement
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 Agreement, including but not limited to the laws
specifically enumerated in this paragraph:
li%HIBIT "D'
GENERAL CONDITIONS
Page 1 Fam AG3-HFiSGC(e~99)
1.3.1 Smoking Policy. The PROVIDER shall implement and maintain a
written smoking policy as required by Chapter 328K, Hawaii Revised
Statutes, or its successor provision.
1.3.2 Druy Free Work Place The PROVIDER shall implement and
maintain a drug free work place as required by the Drug Free
Workplace Act of 1988, or its successor.
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 sue.), and the Rehabilitation Act
(20 U.S.C. §701, et s,
ems.).
1.3.4 Nondiscrimination. No person performing work under this Agreement,
including any subcontractor, employee, or agent of the PROVIDER,
shall engage in any discrim;nation that is prohibited by any applicable
federal, state, or county taw.
1.4 Insurance. The PROVIDER shall obtain, maintain, and keep in force
throughout the period of this Agreement liability insurance (the "Liability
Insurance") issued by an insurance company in a combined amount of at lease
ONE MILi,ION AND NO/100 DOLLARS (51,000,000.00), or such lesser
amount requested in writing by the PROVIDER and, for good cause shown,
approved by the head of the purchasing agency, which approval, if any, is
incorporated herein by reference, for bodily injury and properly damage
liability arising out of each occurrence. The Liability Insurance shall provide
that it is the primary insurance for the Slate of Ha~y~ai i, the purchasing
agency, and their officers, employees, and agents for nay liability arising out
of or resulting from occurrences connected with the PROVIDER'S
performance under this Agreement. Prior to or upon execution of this
Agreement,-the PROVIDER shall obtain a certificate of insurance verifying
the existence of the necessary liability insurance coverage, including the
coverage of the State of Hawaii, and its officers, employees, and agents. If
the scheduled expiration date of the liability insurance policy is eazlier than
the expiration date of the time for performance under this Agreement, the
PROVIDER, upon renewal of the policy, shall promptly cause to be provided
to the STATE an updated certificate of insurance. The certificates of
insurance shall expressly provide that the insurance policy shall not be
cancelled unless the insurance company has first given to the STATE thirty
(30) calendar days' written notice of the intended cancellation.
EXHIBIT "D"
GENERAL CONDCTIONS
Page 2 Fpm AG3-FIHSGC(a~99)
1S Notice to Clients. Provided that the term of this Agreement is at least one
year in duration, within ONE HUNDRED AND EIGHTY (180) days after
the effective date of this Agreement, the PROVIDER shall create written
procedures for the orderly termination of services to any clients receiving the
Required Services under this Agreement, and for the transition to services
supplied by another provider upon termination of this Agreement, regardless
of the circumstances of such termination. These procedures shall include, at
the minimum, timely notice to such clients of the termination of this
Agreement, and appropriate counseling..
1.6 Reporting Requirements. The PROVIDER shall submit a Final Project
Report to the STATE containing the information specified in Exhibit "B" to
this Agreement if applicable, or otherwise satisfactory to the STATE,
documenting the PROVIDER'S overall efforts towazd meeting the
requirements of this Agreement, and listing-expenditures actually incurred in
the performance of this Agreement. The PROVIDER shall return any
unexpended funds to the STATE.
1.7 Conflicts of Interest. In addition io the Certification provided in Exhibit "C"
to this Agreement, the PROVIDER represents that neithez the PROVIDER,
nor a~+ 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 Agreement.
1,$ Compliance with Managed Process. If this Agreement was entered into
between July 20, 1998, nand July 1, 2001, and extends beyond June 30, 2001,
it is subject to a single review pursuant to the managed process developed
pursuant to part III, section 6 of Act 230, 1998 Haw. Secs. Laws 785, 787.
Pursuant to the managed process review, this Agreement may be cancelled,
renegotiated, continued, or extended by the State.
1. Documents and Ties - -
2.1 Confidentiality of Material.
2.1.1 All material given to or made available to the PROVIDER by virtue
of this Agreement 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.
EXHIBIT 'D'
GENERAL CONDITIONS
Page 3 Fam AG}F{HSGC(4ry9)
2.1.2 All information, data, or other material provided by the PROVIDER
to the SPATE shall be subject to the Uniform Information Practices
Act, chapter 92F, HRS, or its successor, and any other applicable body
of law wnceming 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, prepazed,
assembled, or conceived by the PROVIDER pursuant to this Agreement, aad
all such material shall be wnsidered "works made for hire." All such material
shall be delivered to the STATE upon expiration or termination of this
Agreement The STATE, in its sole discretion, shall have the ezciusive right
Yo copyright any product, concept, or material developed, prepared,
assembled, or conceived by the PROVIDER pursuant to this Agreement.
2.3 Records Retention. The PROVIDER and any subcontractors shall maintain
the books and records that relate to the Agreement, and any cost or pricing
data for three (3) years from the date of final payment under the Agreement.
In the event that any litigation, claim, investigation, audit, or other action
invoiving 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, which ever occurs later. During the
period that records are retained under this section, the PROVIDER and any
subcontractors shall allow the STATE free and unrestricted access to such
records.
3. Relationshia between Parties
3.1 Coordination of Services by the STATE. The head of the purchasing agency,
(which term includes the designee of the head of the purchasing agency), shall
coordinate the services to be provided by the PRC VIDER in order to
complete the performance required in the Agreement. The PROVIDER shall
maintain wmmunications with the head of the purchasing agenry at all stages
of the PROVIDER'S work, and submit to the head of the purchasing agency
for resolution nay questions which may arise as to the performance of this
Agreement
3.2 Subcontracts and Assignments. The PROVIDER may assign or subcontract
any of the PROVIDER'S duties, obligations, or interesu under this
Agreement, but oaiy 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 Hawaii, showing that all delinquent taxes, if any, levied or accrued under
ffiIBIT 'D'
GENERAL CONDITIONS
Page 4 Fam AG3-[~tSGC(ary9)
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 Agreement shall be effective unless and until the
assignment is approved by the Comptroller of the State of Hawai i, as
provided in section 40-58, HRS, or its successor provision.
3.3 Chance of name. When the PROVIDER asks to change the name in which
_ it holds this Agreement with the STATE, the procurement officer of the
purchasing agenry (hereinafter referred to as the "Agency Procurement
Officer") shall, upon receipt of a document acceptable or satisfactory to the
Agency Procurement Officer indicating such change of name such as an
amendment to the PROVIDER'S articles of incorporation, enter into an
amendment to this Agreement with the PROVIDER to effect the change of
name. Such amendment to this Agreement changing the PROVIDER'S name
shall specifically indicate that ao other. terms and conditions of this
Agreement are thereby changed, unless the change of name amendment is
incorporated with a modification or amendment to the Agreement under
Section 4.1 of these general conditions.
3.4 Indeveadent Contractor Status and Responsibilities, Includin¢ Taz
Responsibiliries.
3.4.1 In the performance of services required under this Agreement, 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 Agreement; howevez, the
STAT£ 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 Agreement.
3.4.2 Unless othervvise 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 Agreement, and
the PROVIDER shall be free to contract to provide setvicrs to other
individuals or entities while under contract with the STATE.
3.43 The PROVIDER and the PROVIDER'S employees and agents are not
by reason of this Agreement, 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 employers. Unless
I~IBIT 'D'
GENERAL CONDITIONS
Page 5 Eam AG3-HHSGC(i1991
specifically authorized in writing by the DIRECTOR, the PROVIDER
and the PROVIDER's employees and agenu are not authotized 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
DIRECTOR in writing.
_ 3.4.4 The PROVIDER shall be responsible for the accuracy, completeness,
and adequacy of the PROVIDER'S performance under this
Agreement. Furthermore, the PROVIDER intentionally, voluntarily,
and knowingly assumes the sole and entire liabrlity to the
PROVIDER'S employees and agents, and to any individual not a parry
to this Agreement, for all loss, damage, or injury caused by the
PROVIDER, or the PROVIDER'S employees or agents in the course
of their employment.
3.45 The PROVIDER shall be responsible for payment of all applicable
federal, slate, and county taxes and fees which may become due and
owing by the PROVIDER by reason of this Agreement, 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 Agreement.
3.4.6 The PROVIDER shall obtain a general excise tax license from the
Department of Taxation, State of Hawaii, in accordance with section
237-9, HRS, or its successor provision, and shall comply with all
requiremenu thereof The PROVIDER shall obtain a tax clearance
certificate from the Director of Taxation, State of Hawaii, showing
that all delinquent taxes, if a~+, 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 Agreement.
_She PROVIDER shall also_be solely responsible for meeting all
requirements necessary to obtain the tax clearance certificate required
for final payment under sections 103-53 and 237-45, HRS, or their
successor provisions, and these General Conditions.
3.4.7 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.
EXHIBIT 'D'
GENERAL CONDITIONS
Page 6 Fan AG3-HHSGC(<(99)
3S Personnel Requirements.
35.1 The PROVIDER shall secure, at the PROVIDER'S own expense, all
personnel required to perfom this Agreement, unless otherwise
provided in this Agreement.
35.2 The PROVIDER shall ensure that the PROVIDER'S employees or
agents aze experienced and fully qualified to engage in the activities
and perform the services required under this Agreement, and that all
applicable licensing and operating requirements imposed or required
under federal, slate, or county law, and all applicable accreditation and
ocher standazds of quality generally accepted in the field of the
activities of such Employees and agents aze complied with and satisfied.
4. Modification and Termination of Agreement
4.1 Modifications of Agreement.
4.1.1 In writing. A~ modification, alteration, amendment, change, or
extension of any term, provision,. or condition of this Agreement
permitted by this Agreement shall be made by written amendment to
this Agreement, 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
Agreement 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, charge, or extension of
any term, provision, or condition of this Agreement, a tax clearance
from the Director of Taxation, State of Hawaii, showing that all
delinquent taxes, if ate, levied or accrued under state law against the
PROVIDER have been paid.
4.2 Termination in General. This Agreement may be termunated in whole or in
part for a reduction in funds available to pay the PROVIDER, or when, in iu
sole discretion, the STATE determines (i) that there has been a change in the
conditions upon which the need for the Required Services waz based, (u) that
the PROVIDER has failed to provide the Required Services adequately or
satisfactorily, or (iii) that other good cause for ttte whole or partial
termination of this Agreement eASts. Termination under this section shall be
EXHIBIT 'D'
GENERAL CONDITIONS
Page 7 Eocm AG3-fhiSGC(ary9)
made by a written notice seat to the PROVIDER Len (10) working days prior
to the termination date that includes a brief statement of the reason for the
termination.
4.3 Termination for Necessity or Convenience: If the STATE determines, in its
sole discretion, that it is necessary or convenient, this Agreement 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 section, the PROVIDER shall be entitled to reasonable
payment as determined by the STATE for satisfactory services rendered under
this Agreement 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 clienu.
4.4 Termination by Contractor. The PROVIDER may withdraw from this
Agreement 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 elects to
terminate under this section, the PROVIDER shall cooperate wish the
STATE to effect an orderly transition of services to ciienu.
4.5 State's Right of Offset. The STATE may offset against any monies or other
obligations the STATE owes io the PROVIDER under this Agreement, any
amounts owed to the State of Hawaii by the PROVIDER under this
Agreement, or any other agreement, 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 find or nature. The
STATE shall notify the PROVIDER in writing of•any exercise of iu 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 agreement 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 tk?e State of Hawaii under such payment or
other settlement plan.
5. Indemni(lcatlon
5.1 Indemnification aad Defense. The PROVIDER shall defend, indemnify, and
hold harmless the State of Hawaii, the contracting agency, and their officers.
EXHIBIT 'D'
GENERAL CONDITIONS
Page 8 ~ pG}ii~isGC(<!~)
employees, and agents from and against all liability, loss, damage, cost, and
expense, including all attorneys' fees, and all claims, suits, and demands
therefor, arising out of or resulting from the acts or omissions of the
PROVIDER or the PROVIDER's employees, officers, agents, or
subcontractors under this Agreement. The provisions of this paragraph shall
remain in full force and effect notwithstanding the expiration or early
termination of this Agreement
S.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 Agreement, the PROVIDER shall pay all costs and
expenses incurred by or imposed on the STATE, including attorneys' fees.
6. Miscellaneous Provisions ,
6.1 Nondiscrimination. No person performing work under this Agreement,
including a~+ subcontractor, employee, or agent of the PROVIDER, shall
engage in a~ dis ~m; anon that is prohibited by any applicable federal, state,
or county law.
6.2 Publiciiy. Any and all publicity that the PROVIDER may undertake in
connection with the Required Services, shall be subject to the limitations of
Section 3.4.3 of these General Conditions, and the requirements of this
section:
6.2.1 Aclmowled¢atent of State Support. Subject to the limitations of
Section 3.4.3 of these General Conditions, 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 Agreement, acknowledge the support by the
State of Hawaii and the purchasing agency through appropriations
. made by the Legislature of the State of Hawaii. _
6.22 The PROVIDER shall not refer to the STATE, or any office, agenry,
or officer thereof, or any State employee, including the head of the
purchasing agency, the chief procurement officer, the DIRECTOR, the
Agency procurement officer, or to the services or goods, or both,
provided under this Agreement, in a~ of the PROVIDER'S publicity
not related to the P:iOVIDER's performance under this Agreement,
including but not limited to commercial advertisements, recruiting
materials, and solicitations for charitable donations.
EaffiZBIT 'D'
GENERAL CONDITIONS
Page 9 Form AG3-HHSGC(<y9)
6.3 Section Headines. The section headings appearing in this Agreement have
been inserted for the purpose of convenience and ready reference. They shall
not be to define, limit or extend the scope or intent of the sections to which
they pertain.
6.4 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 STATE any and all claims for overcharges as to goods and materials
purchased in connection with this Agreement, except as to overcharges which
result from violations commencing after the price is established under this
Agreement and which are not passed on to the STATE under an escalation
clause.
6S Governing Law. The validity of this Agreement and any of its terms or
provisions, as well as the rights and duties of the parties to this Agreement,
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 Agreement shall be
brought in a state court of competent jurisdiction in Honolulu, Hawai i.
6.6 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 nay Procurement
Directive is effect on the date this Agreement became effective shall control
and aze hereby incorporated by reference.
6.7 Entire Agreement. This Agreement sets forth all of the agreements,
conditions, understandings, promises, warranties, and representations between
the STATE and the PROVIDER relative to this Agreement This Agreement
supersedes all prior agreements, conditions, understandings, promises,
warranties, and representations, which shall have no further force or effect.
There are no agreements, conditions, understandings, protises, warranties,
or representations, oral or written, express or implied, between the STATE
and the PROVIDER other than as set forth or as referred to herein.
6.8 Severabt7ity. In the event that arty provision of this Agreement is declared
invalid or unenforceable by a court, such invalidity or unenforceabiiiry shall
not affect the validity or enforceability of the remaining terms of this
Agreement
6.9 Waiver. The failure of the STATE to insist upon the strict compliance with
any term, provision, or condition of this Agreement shall not constitute or be
~IBIT 'D'
GENERAL CONDITIONS
Page 10 Fam AG3-FiitSGC(1N9)
deemed to constitute a waiver or relinquishment of the STATE's right to
enforce the same in accordance with this Agreement. The fact that the
STATE specifically refers to one provision of the Procurement Rules or one
section of the Hawaii Revised Statutes, and does not include other provisions
• or statutory sections in this Agreement shall not constitute a waiver or
relinquishment of the STATE'S rights or the PROVIDER'S obligations under
the Procurement Rules or statutes.
6.10 Execution in Counterparts. This Agreement may be executed in several
counterparts, each of which shall be regarded as an original and all of which
shall constitute one instrument.
ffiIBIT 'D'
GENERAL CONDITIONS
Page 11 Fam acr~xsGC(a/~)
SPECIAL CONDITIONS
1. Deletion of Portions of Agreement. For purposes of the Agreement to which
this Exhibit E is attached, paragraph 5 of the Agreement, "Standazds of Conduct
Declaration," together with Exhibit C, are deleted and the parties agree that
paragraph 5 of the Agreement and Exhibit C are not operative.
_ 2. Deletion of General Conditions. For ptnposes of the Agreement to which this
Exhibit E is attached, the following General Conditions of E.~chibit D aze deleted
and have no operative effect as between the parties:
a. Paragraph 1.4
b. Paragraph 3.4.6
c. Paragraph 4.1.3
3. Reports. The PROVIDER shall submit to the STATE reports as the STATE may
from time to time require, such as quarterly expenditure reports, and progress
reports on the performance of services, and information required by the STATE
for its budget program reports. The PROVIDER shall submit reporLS in the
appropriate formats and within the deadlines specified by the STATE. Generally,
cumulative expenditure reports, and progress reports on the performance of
services shall be submitted within thirty (30) calendaz days after the end of each
quarter. Within thirty (30) calendaz days a$er the expiration of the time of
performance for the contract year or a sooner termination date, the PROVIDER
shall submit to the STATE a final expenditure report, together with any
unexpended balance of funds advanced by the STATE, and a fatal report of the
services performed under this Agreement.
4. Records Maintenance, Retention, and Access. The PROVIDER shall, in
accordance with generally acceptable accounting practices, maintain fiscal
records, supporting documenu and related files, paper, and reports that
adequately reflect all direct and indirect expenditures and management and fiscal
practices related to the PROVIDER'S performance of srnices under this
Agreement. The STATE, the Comptroller of the State of Hawaii, the Federal
granting agency, the Comptroller General of the United States, and any of their
authorized representatives, the committees (and their staffs) of the Legislature of
the State of Hawaii, and the Legislative Auditor of the State of Hawaii shall have
the right of access to any book, document, paper, file, or other record of the
PROVIDER (and any of its subcontractors) that is related to the performance of
services under this Agreement in order to conduct an audit or other examination
or to make excerpts and transcripts for the purposes of monitoring and evaluating
the PROVIDER'S performance of services and the PROVIDER'S program,
management, and fiscal practices to assure the proper and effective expenditure of
funds under this Agreement. The right of access shall not be limited to *.he
required retention period but shall last as long as the records aze retainer:. "ae
Ezhibit `E"
Page 1
PROVIDER shall retain all records related to the PROVIDER'S performance of
services under this Agreement for at least three (3) yeazs afrer the date of
submission of the PROVIDER'S final expenditure report, except that if any
litigation, claim, negotiation, investigation, audit, or other action involving the
records has been started before the expiration of the three-year period, the
PROVIDER shall retain the records until completion of the action and resolution
of all issues that rise from it, or until the end of the regular three-year retention
period, whichever occurs later.
5. Equiment. All equipment purchased with contract funds under this Agreement
including items of personal property, as distinguished from real property, that has
an acquisition cost of $1,000.00 or more per item and with an expected life of
more than one yeaz, shall remain the property of the STATE. All equipment
purchased with contract funds must have prior approval from the STATE before
purchase to be allowable. Following the Agreement period, all equipment shall be
reported in the final fiscal report to the STATE. Disposition of said equipment
shall be prescribed by the STATE.
6. Publirations. The PROVIDER shall submit all reports and written publications
resulting from this Agreement for review, comment and approval prior to
publication. Any publications (written, visual or sound), whether published at the
PROVIDER'S or STATE'S expense, shall contain the following statements (Note:
This excludes press releases, newsletters, and issue analyses):
This project was supported by an Agreement from the Office of Youth
Services, Department of Human Services, State of Hawaii (and if
applicable, the name and federal awazd number of a federal grant funding
the contract).
The opinions, findings, and conclusions or recommendations expressed in
this publication/program/exhibition aze those of the author(s) and do not
necessarily reflect the views of the Office of Youth Services (and if
applicable, the federal grant agency).
Eahibit "E"
Page s
Fiscal and Budget Information
Budget Budget Total
Period 1 Period 2
~n~o~oioa ~nioa-6~oios ~ 7nios-~r~oios
SOURCE
OF FUNDS
State General $85,000.00 $85,000.00 5170,000.00
Fuuds
I
Federal Funds
(CFDA#)
Ad'ustment ~ ~
I
~ ~
TOTAL $85,000.00 585,000.00 ~ 5170.000.00
I
Attachment "1"
Page 1
CONTRACT BUDGET
Budget Period tY 20013004 Organvatwn: HCPO-RICO
Cpntract~
Tolal 8utl0e[
CATEGORIES 9udyet forPmQtam ror Cgmract Commems
(a) (o) (q
A. PERSONNEL COST
" t smries 68,158.00
" 2 PayraO Taxn 6 Amessments
" 7' stage e.neRrs 5,162.00
TOTAL PERSONNEL COST 73,320.OD 0.00
B. OTHER CURRENT EXPENSES
t Sugpties
2 Posnge. Fm90f 8 Delivery
7 Ta40Mne
a Ptaecomn s Prinang 3,200.00
5 Mintage
' 6 Airfare 1,600.00
$ulnetenoe/Per Diem 280.00
6 Tasi/BusFaraRent-A-Car 300.00
9 lease/FtenW of Spxe
t0 Wsa/RenW Of Equpmem
1 t LeasNRernal of Moror Venide
t2 UaliOes
t 7 Repair Q Maintewnra
la ImurataY
15 IMa06ndenl Audit
" 16 Cpntramu15emces
t7 $taR Traimnq
' to Depreaatam
19 Program Ac Wines
zp Equipment 6,300.00
TOTAL OTHER CURRENT E%PENSE$ 11,6BO.O0 O.OO
TOTAL (A+g) 85,000.00 0.00
rcr ~ -al Use Only Budge~t
P~repa•re~d By:
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Attachment 3
Criteria for Identification of Gang Members & Risk Factors for Gang Membership
Revised 5/8/03
Honolulu Police Denartrnent's Hawaii Gana Member Traclin_ Svstem Criteria:
Of the following 12 conditions, applicability of at least 3 of the criteria is necessary to idrntify an individual as belonging to a gang.
1. Self-admission of gang membership
2. Tattoos depicting gang affiliations
3. Style of dress eonssistent with gang membership
4. Possession of gang graffiti on personal property or clothing
5. Use of hand signs or symbols associated with gangs
6. Reliable iafarmant identifies person az gang member
7. Associates with kmwn gang members
8. Prior arresu wilt known gang members: crimes consistent with usual gang activity
9. Statemenss from family members indicating gang membership
10. Other law enforcement agencies identify the subject az gang member
1 I. A+*•^~a^M at gang fimcdons or known gang bangouss
12. Ideadfies by other gang members or rival gang members
Childhood Risk Factors for Adolescent GanE Membership:
The following risk factors were identified in the "Youth Gang Programs and Strategies" rcpon by the OJJDP' az key in identifying
youth a[-risk ofbecoming involved in gangs.
Community Risk Factor:
Neighborhoods in which dings are readily available.
Family Risk Factors:
Family instability
Exaeme economic deprivation
Low attachment to the tether
Family management problems
Family conflict
Parent pro-violent attitudes
Siblinganti-social behavior
School Risk Factor:
High association with peers who demonstrate and-social behaviors.
Individual Risk Factors:
Early involvement in anti-social behavior
Hyperactivity
Exumalizing behaviors
Alcohol consumption
Lack of social competence
Early sexual activity
~ Hill, K.G., Howell, J.C., J.D., and Battin-Pearson, S.R. 1999. Childhood risk factors for adolescent gang membership: Results from
[he Seattle Sonal Developrrteat Project Journal of Research in Crime and Delinquency 36(3):300-322.
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