HomeMy WebLinkAboutCOM 1100.000 2004-2006
J 'V Of
Harry Kim M William Takaba
Mayor Director
• - Nancy E. Crawford
ir•: e'~` Deputy Director
1l~ Yi~~1riaemu'2% P1 1 a
County of 1~awafi
Finance DepiAment
25 Aup in, Street, Room 118 • Hilo. Hawaii 96720
(808) 961-8234 • Fax (808) 961-8248
September 26, 2006
Stacy K. Higa, Chairman and
Members of the Hawai'i County Council
Hawai'i County Council
25 Aupuni Street
Hilo, Hawai'i 96720
Re: Authorization to enter into agreements
The Office of the Prosecuting Attorney have been awarded Title V: Incentive Grants for Local
Delinquency Prevention Program federal funding, through the State Office of Youth Services,
for the implementation of a community delinquency prevention program that addresses bullying
prevention. Early and persistent anti-social behavior was identified as a priority risk factor in
Hawai'i County. The community delinquency prevention program was offered to each school
complex and Honoka'a and Waiakea Elementary Schools have agreed to participate in the
Promoting Alternative Thinking Strategies (PATHS) curriculum. The PATHS curriculum
facilitates development of self-control, emotional awareness and interpersonal problem-solving
skills and reduces aggression and behavior problems.
Enclosed are two (2) resolutions; one authorizing the Mayor to enter into an agreement with
Honoka'a Elementary School and the other authorizing the Mayor to enter into an agreement
with Waiakea Elementary School, for their participation in the PATHS curriculum.
If there are any questions, please do not hesitate to call the Office of the Prosecuting
Attorney.
"Tak Will a
Director of Finance
APPRO~V~E^D::
G)2V d
Harry Kim
Mayor
Comm. No. (00
Enc. Ref. To: Z;
Ref. Date _U 2 9 2006
cc: Prosecutors
Haw i'i County is an Equal Opportunity Provider and Employer
12 0. ~1l•Cb w +k92.'Of $
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Prosecutor's Office DATE: 9/25/06
STAFF CONTACT: Nancy Kelly PHONE: 934-3315
A. REQUEST:
Approval authorizing the Mayor to enter into an agreement with Honokaa Elementary School to implement
the PATHS (Promoting Alternative Thinking Strategies) curriculum.
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
We have been awarded Title V federal funding through the State Office of Youth Services for implementation
of a community delinquency prevention program that addresses bullying prevention.
Early and persistent anti-social behavior was indentified as a priorty risk factor in Hawaii County. The
program was offered to each school complex and Honokaa Elementary School has agreed to participate.
The PATHS curriculum facilitates development of self-control, emotional awareness and interpersonal
problem-solving skills and reduces aggression and behavior problems.
The school will be subgranted a maximum of $38,000 for the project period October 1, 2006 - September 30,
2007. The program will be implemented in a minimum of 10 classes this school year.
SIGNED: V DATE: 9/25/06
Head
Contract Number:
AGREEMENT
THIS AGREEMENT, dated , between the COUNTY OF HAWAII, a
political subdivision of the State of Hawai'i whose principal place of business is 25 Aupuni Street,
Hilo, HI 96720, hereinafter referred to as "County", and Honokaa Elementary School, (hereinafter
referred to as "Subgrantee") whose principal office is located at 45-534 Pakalana St. Honokaa,
Hawaii 96727..
Witnesseth:
WHEREAS, the County, through the County of Hawai'i Office of the Prosecuting
Attorney, has received federal funds through the Title V: Incentive Grants for Local Delinquency
Prevention Programs (Title V) of the Juvenile Justice and Delinquency Prevention Act of 2002;
and
WHEREAS, these federal funds must be expended to provide direct services to youth in
accordance with guidelines established by the Title V: Incentive Grants for Local Delinquency
prevention Programs; and
WHEREAS, The County is desirous of providing such direct services to youth and such
service is a public purpose; and
WHEREAS, Subgrantee is qualified to receive funds available to Hawai'i under the Act;
and
WHEREAS, County has reviewed Subgrantee's financial request (attached as Exhibit 1)
and is satisfied that all of the requirements of the Act and its implementing regulations have been
satisfied and that Subgrantee is capable of appropriately using the federal funds requested to
implement a community delinquency prevention program in the County of Hawai'i, and
WHEREAS, Subgrantee has demonstrated the capacity to provide the services, programs
and activities described herein and is ready, willing and able to provide the required services,
programs and activities.
NOW, THEREFORE, in consideration of the premises set forth herein, the parties hereto
agree as follows:
A. SCOPE OF SERVICES
Subgrantee shall, in a proper and satisfactory manner, as determined by the County, and in
accordance with the terms and conditions of this Agreement, use the funds received under this
Agreement for the purposes stated below:
1. Implement a community delinquency prevention program in the Elementary School
that addresses bullying prevention. Implement the PATHS (Promoting Alternative
thinking Strategies) curriculum to address the risk factors of early and persistent anti-
social behavior, as outlined in the County Comprehensive Strategic Plan. The
PATHS curriculum facilitates the development of self-control, emotional awareness,
interpersonal problem-solving skills, and reduces aggression and behavior problems.
The SUBGRANTEE shall insure the following:
a. A minimum of 10 elementary classes, between kindergarten and the sixth
grade, receive the PATHS curriculum.
b. A minimum of 250 students are taught the PATHS curriculum.
c. School staff receive training, on-going technical assistance and consultation
to implement the PATHS curriculum.
2. Provide a match of 50% of the award amount, of which no less that 25% must be a
cash match. This match shall be provided in cash and project-related costs allowable under
federal guidelines or through the valuation of in-kind services. The SUBGRANTEE shall
submit Match Reports to the COUNTY in appropriate format and within deadlines
specified by the COUNTY.
3. Attend and participate in meetings concerning coordination of the Title V program as
initiated by the County.
4. Provide any other service or assistance mutually agreed upon by both
parties.
It is understood that this Agreement includes as part hereof any rules, relevant directives or
instructions issued by the Department of the Attorney General or the County, including but not
limited to the provisions of the Act 178, Item F-6, 2005 SLH or Title V: Incentive Grants for
Local Delinquency Prevention Programs of the Juvenile Justice and Delinquency Prevention Act
of 2002, Catalog of Federal Domestic Assistance No. 16.548, Federal Grant Nos. 2004-JP-FX-
0005 and 2005-JP-FX-0001.
B. PERIOD OF AGREEMENT
This Agreement shall be in effect for the period from October 1, 2006 to and including
September 30, 2007, a period hereinafter sometimes referred to as the "project period", provided
that this contract will terminate on June 30, 2007 unless funds to cover the remaining period are
appropriated and certified to by the Finance Director, and subject to all relevant Federal, State, and
County law. If the contract is so terminated, or as otherwise hereinafter provided, contractor will
be paid only for the work done until that time.
C. PERFORMANCE REQUIREMENTS AND CONDITIONS
1. Subgrantee shall comply with the requirements set forth in the Act and all
applicable federal regulations.
2. If so required by County, Subgrantee shall certify that any expendable or
nonexpendable personal property purchased or acquired with funds received under this Agreement
will be used for delinquency prevention programs for youth.
3. Prior to, or concurrently with the execution of this Agreement, Subgrantee shall
complete, execute and submit to County:
a. a Certification of Non-Discrimination,
b. a Certification of Non-Supplanting,
c. a Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion,
d. a Certification Regarding Drug-Free Workplace Requirements, and
e. a Certification Regarding Lobbying (if applicable).
Subgrantee covenants that the representations made in the aforementioned certifications
are true and that Subgrantee shall fulfill any and all requirements set forth therein. Subgrantee
warrants that it is aware that false certification or violation of the requirements shall entitle County
to suspend payment and/or terminate this Agreement and/or result in the withdrawal of funds from
Subgrantee and/or result in the unavailability of future funding for Subgrantee.
4. Subgrantee shall maintain accounting procedures and practices acceptable to
County, and books, records, documents and other evidence which sufficiently and properly reflect
all direct and indirect expenditures and all interest or other income earned as the result of funds
provided pursuant to the Agreement. Subgrantee shall ensure that its own books, records, and
documents are available for inspection, reviews or audits at all reasonable times by County. In
addition, Subgrantee shall prepare and submit reports in such form and at such times as the
County, the Office of Youth Services, or the Office of Juvenile Justice and Delinquency
Prevention may require. Records and financial accounts shall be retained and accessible to
County for at least three years after Subgrantee's grant with the County is closed.
5. Subgrantee shall provide for an independent audit of its activities on a periodic
basis in accordance with Office of Management and Budget Circular A-133.
6. Subgrantee shall provide an annual statistical report on a report form to be provided
by the Office of the Prosecuting Attorney within 20 calendar days after the end of the grant period.
7. Subgrantee shall submit expenditure reports with supporting documentation (i.e.
receipts) as determined by the Office of the Prosecuting Attorney.
8. Subgrantee agrees that any amendments to the budget may be made only upon
written approval of the Office of the Prosecuting Attorney.
9. Any funds provided to Subgrantee under this Agreement which are unencumbered
on the date this Agreement terminates shall be returned to the County within 45 days of the
termination date.
10. Subgrantee shall indemnify, defend, and hold the County harmless, including but not
limited to attorney fees and costs:
(a) from and against any claim or demand by third persons for loss, liability, or
damage, including claims for property damage, personal injury, or wrongful
death, occasioned by any act or omission arising from the Subgrantee's
program;
(b) from and against all actions, suits, damages, and claims by whomsoever
brought or made by reason of the non-observance or non-performance of
any of the terms, covenants, and conditions herein or the rules, regulations,
ordinances, and laws of the federal, state, municipal, or county government
for non-compliance with Federal grant requirements caused by the
Subgrantee's failure to comply with the terms of this grant.
11. A non-gratuity affidavit such as the sample form attached hereto as Exhibit 2 shall
be executed by Subgrantee before payment will be authorized.
12. If the contract amount is for $25,000 or more, in accordance with Sections
103-53, Hawai'i Revised Statutes, this contract shall not be executed by the County of Hawai'i
until receipt of tax clearances from the State Director of Taxation and the Internal Revenue
Service. In addition, final payment on the contract shall be withheld until the receipt of tax
clearances from the State Director of Taxation and the Internal Revenue Service.
13. Subgrantee agrees that it will not discriminate against any employee, applicant for
employment or client because of race, color, religion, sex, sexual orientation, age, disability,
marital status, arrest and court records, or ancestry. Subgrantee shall assure that applicants for
employment and employees are treated during employment without regard to race, color, religion,
sex, or national origin. Such action shall include, but not be limited to, the following:
employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training.
14. Subgrantee agrees that any information, data, report, record, summary, table, map,
or study given to or prepared or assembled by the County under this Agreement that the County
requests to be kept confidential shall not be made available to any individual or organization other
than any subcontractor to which the material may relate without prior written approval of the
County.
Any changes to the terms of this agreement which are mutually agreed to between County and
Subgrantee shall be incorporated in written amendments to the Agreement.
D. GRANT
County agrees to pay Subgrantee a sum not to exceed $38,000 (THIRTY EIGHT
THOUSAND DOLLARS) subject to continuing availability of funds, and subject to all relevant
Federal, State and County laws.
E. CONFLICT OF INTEREST
Subgrantee represents that it presently has no interest and promises that it shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance
of the services under this Agreement.
F. SUBSEQUENT AGREEMENTS
Successive Agreements with the aforenamed agency may be permitted dependent on the
satisfactory completion of the terms of this Agreement and the availability of additional Title V
Grant funds.
G. TERMINATION OF AGREEMENT
If, for any cause, Subgrantee fails to satisfactorily fulfill in a timely or proper manner its
obligations under this Agreement, or if Subgrantee breaches any of the promises, terms of
conditions of this Agreement and, having been given reasonable notice of and opportunity to cure
any such default, fails to take satisfactory corrective action within the time specified by County,
COUNTY OF HAWAI'I
By
Print Name
Its
HONOKAA ELEMENTARY SCHOOL
By
Katherine Tolentino
Its Principal
RECOMMEND APPROVAL:
JAY T. KIMURA
Prosecuting Attorney, County of Hawai'i
APPROVED AS TO FORM AND LEGALITY:
LINCOLN ASHIDA
Corporation Counsel, County of Hawai'i
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: DATE: 9/25/06
STAFF CONTACT: Nancy Kelly PHONE: 934-3315
A. REQUEST:
Approval authorizing the Mayor to enter into an agreement with Waiakea Elementary School to implement
the PATHS (Promoting Alternative Thinking Strategies) curriculum. .
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
We have been awarded Title V federal funding through the State Office of Youth Services for implementation
of a community delinquency prevention program that addresses bullying prevention.
Early and persistent anti-social behavior was indentified as a priorty risk factor in Hawaii County. The
program was offered to each school complex and Waiakea Elementary School has agreed to participate.
The PATHS curriculum facilitates development of self-control, emotional awareness and interpersonal
problem-solving skills and reduces aggression and behavior problems.
The school will be subgranted a maximum of $38,000 for the project period October 1, 2006 - September 30,
2007. The program will be implemented in a minimum of 20 classes this school year.
SIGNED: DATE: 9/25/06
epartm nt Head
Contract Number:
AGREEMENT
THIS AGREEMENT, dated , between the COUNTY OF HAWAII, a
political subdivision of the State of Hawai'I whose principal place of business is 25 Aupuni Street,
Hilo, HI 96720, hereinafter referred to as "County", and Waiakea Elementary School, (hereinafter
referred to as "Subgrantee") whose principal office is located at 180 W. Puainako St., Hilo, HI
96720.
Witnesseth:
WHEREAS, the County, through the County of Hawai'i Office of the Prosecuting
Attorney, has received federal funds through the Title V: Incentive Grants for Local Delinquency
Prevention Programs (Title V) of the Juvenile Justice and Delinquency Prevention Act of 2002;
and
WHEREAS, these federal funds must be expended to provide direct services to youth in
accordance with guidelines established by the Title V: Incentive Grants for Local Delinquency
prevention Programs; and
WHEREAS, The County is desirous of providing such direct services to youth and such
service is a public purpose; and
WHEREAS, Subgrantee is qualified to receive funds available to Hawai'i under the Act;
and
WHEREAS, County has reviewed Subgrantee's financial request (attached as Exhibit 1)
and is satisfied that all of the requirements of the Act and its implementing regulations have been
satisfied and that Subgrantee is capable of appropriately using the federal funds requested to
implement a community delinquency prevention program in the County of Hawai'i, and
WHEREAS, Subgrantee has demonstrated the capacity to provide the services, programs
and activities described herein and is ready, willing and able to provide the required services,
programs and activities.
NOW, THEREFORE, in consideration of the premises set forth herein, the parties hereto
agree as follows:
A. SCOPE OF SERVICES
Subgrantee shall, in a proper and satisfactory manner, as determined by the County, and in
accordance with the terms and conditions of this Agreement, use the funds received under this
Agreement for the purposes stated below:
1. Implement a community delinquency prevention program in the Elementary School
that addresses bullying prevention. Implement the PATHS (Promoting Alternative
thinking Strategies) curriculum to address the risk factors of early and persistent anti-
social behavior, as outlined in the County Comprehensive Strategic Plan. The
PATHS curriculum facilitates the development of self-control, emotional awareness,
interpersonal problem-solving skills, and reduces aggression and behavior problems.
The SUBGRANTEE shall insure the following:
a. A minimum of 20 elementary classes, between kindergarten and the sixth
grade, receive the PATHS curriculum.
b. A minimum of 450 students are taught the PATHS curriculum.
c. School staff receive training, on-going technical assistance and consultation
to implement the PATHS curriculum.
2. Provide a match of 50% of the award amount, of which no less that 25% must be a
cash match. This match shall be provided in cash and project-related costs allowable under
federal guidelines or through the valuation of in-kind services. The SUBGRANTEE shall
submit Match Reports to the COUNTY in appropriate format and within deadlines
specified by the COUNTY.
3. Attend and participate in meetings concerning coordination of the Title V program as
initiated by the County.
4. Provide any other service or assistance mutually agreed upon by both
parties.
It is understood that this Agreement includes as part hereof any rules, relevant directives or
instructions issued by the Department of the Attorney General or the County, including but not
limited to the provisions of the Act 178, Item F-6, 2005 SLH or Title V: Incentive Grants for
Local Delinquency Prevention Programs of the Juvenile Justice and Delinquency Prevention Act
of 2002, Catalog of Federal Domestic Assistance No. 16.548, Federal Grant Nos. 2004-JP-FX-
0005 and 2005-JP-FX-0001.
B. PERIOD OF AGREEMENT
This Agreement shall be in effect for the period from October 1, 2006 to and including
September 30, 2007, a period hereinafter sometimes referred to as the "project period", provided
that this contract will terminate on June 30, 2007 unless funds to cover the remaining period are
appropriated and certified to by the Finance Director, and subject to all relevant Federal, State, and
County law. If the contract is so terminated, or as otherwise hereinafter provided, contractor will
be paid only for the work done until that time.
C. PERFORMANCE REQUIREMENTS AND CONDITIONS
1. Subgrantee shall comply with the requirements set forth in the Act and all
applicable federal regulations.
2. If so required by County, Subgrantee shall certify that any expendable or
nonexpendable personal property purchased or acquired with funds received under this Agreement
will be used for delinquency prevention programs for youth.
3. Prior to, or concurrently with the execution of this Agreement, Subgrantee shall
complete, execute and submit to County:
a. a Certification of Non-Discrimination,
b. a Certification of Non-Supplanting,
c. a Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion,
d. a Certification Regarding Drug-Free Workplace Requirements, and
e. a Certification Regarding Lobbying (if applicable).
Subgrantee covenants that the representations made in the aforementioned certifications
are true and that Subgrantee shall fulfill any and all requirements set forth therein. Subgrantee
warrants that it is aware that false certification or violation of the requirements shall entitle County
to suspend payment and/or terminate this Agreement and/or result in the withdrawal of funds from
Subgrantee and/or result in the unavailability of future funding for Subgrantee.
4. Subgrantee shall maintain accounting procedures and practices acceptable to
County, and books, records, documents and other evidence which sufficiently and properly reflect
all direct and indirect expenditures and all interest or other income earned as the result of funds
provided pursuant to the Agreement. Subgrantee shall ensure that its own books, records, and
documents are available for inspection, reviews or audits at all reasonable times by County. In
addition, Subgrantee shall prepare and submit reports in such form and at such times as the
County, the Office of Youth Services, or the Office of Juvenile Justice and Delinquency
Prevention may require. Records and financial accounts shall be retained and accessible to
County for at least three years after Subgrantee's grant with the County is closed.
5. Subgrantee shall provide for an independent audit of its activities on a periodic
basis in accordance with Office of Management and Budget Circular A-133.
6. Subgrantee shall provide an annual statistical report on a report form to be provided
by the Office of the Prosecuting Attorney within 20 calendar days after the end of the grant period.
7. Subgrantee shall submit expenditure reports with supporting documentation (i.e.
receipts) as determined by the Office of the Prosecuting Attorney.
8. Subgrantee agrees that any amendments to the budget may be made only upon
written approval of the Office of the Prosecuting Attorney.
9. Any funds provided to Subgrantee under this Agreement which are unencumbered
on the date this Agreement terminates shall be returned to the County within 45 days of the
termination date.
10. Subgrantee shall indemnify, defend, and hold the County harmless, including but not
limited to attorney fees and costs:
(a) from and against any claim or demand by third persons for loss, liability, or
damage, including claims for property damage, personal injury, or wrongful
death, occasioned by any act or omission arising from the Subgramee's
program;
(b) from and against all actions, suits, damages, and claims by whomsoever
brought or made by reason of the non-observance or non-performance of
any of the terms, covenants, and conditions herein or the rules, regulations,
ordinances, and laws of the federal, state, municipal, or county government
for non-compliance with Federal grant requirements caused by the
Subgrantee's failure to comply with the terms of this grant.
11. A non-gratuity affidavit such as the sample form attached hereto as Exhibit 2 shall
be executed by Subgrantee before payment will be authorized.
12. If the contract amount is for $25,000 or more, in accordance with Sections
103-53, Hawai'i Revised Statutes, this contract shall not be executed by the County of Hawai'i
until receipt of tax clearances from the State Director of Taxation and the Internal Revenue
Service. In addition, final payment on the contract shall be withheld until the receipt of tax
clearances from the State Director of Taxation and the Internal Revenue Service.
13. Subgrantee agrees that it will not discriminate against any employee, applicant for
employment or client because of race, color, religion, sex, sexual orientation, age, disability,
marital status, arrest and court records, or ancestry. Subgrantee shall assure that applicants for
employment and employees are treated during employment without regard to race, color, religion,
sex, or national origin. Such action shall include, but not be limited to, the following:
employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training.
COUNTY OF HAWAI'I
By
Print Name
Its
THE WAIAKEA ELEMENTARY SCHOOL
By
Clifton Iwamoto
Its Principal
RECOMMEND APPROVAL:
JAY T. KIMURA
Prosecuting Attorney, County of Hawai'i
APPROVED AS TO FORM AND LEGALITY:
LINCOLN ASHIDA
Corporation Counsel, County of Hawai'i
14. Subgrantee agrees that any information, data, report, record, summary, table, map,
or study given to or prepared or assembled by the County under this Agreement that the County
requests to be kept confidential shall not be made available to any individual or organization other
than any subcontractor to which the material may relate without prior written approval of the
County.
Any changes to the terms of this agreement which are mutually agreed to between County and
Subgrantee shall be incorporated in written amendments to the Agreement.
D. GRANT
County agrees to pay Subgrantee a sum not to exceed $38,000 (THIRTY EIGHT
THOUSAND DOLLARS) subject to continuing availability of funds, and subject to all relevant
Federal, State and County laws.
E. CONFLICT OF INTEREST
Subgrantee represents that it presently has no interest and promises that it shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance
of the services under this Agreement.
F. SUBSEQUENT AGREEMENTS
Successive Agreements with the aforenamed agency may be permitted dependent on the
satisfactory completion of the terms of this Agreement and the availability of additional Title V
Grant funds.
G. TERMINATION OF AGREEMENT
If, for any cause, Subgrantee fails to satisfactorily fulfill in a timely or proper manner its
obligations under this Agreement, or if Subgrantee breaches any of the promises, terms of
conditions of this Agreement and, having been given reasonable notice of and opportunity to cure
any such default, fails to take satisfactory corrective action within the time specified by County,