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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 107 11
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE DEPARTMENT OF HEALTH PURSUANT TO HRS
46 -7, FOR A MENTAL HEALTH TRANSFORMATION STATE INCENTIVE GRANT
(MHT SIG) FORTHE HAWAII POLICE DEPARTMENT
WHEREAS, the State Department of Health has authorized funding for the
purpose of supporting the Hawaii Police Department's efforts to divert appropriate, non-
violent individuals with mental illness from the criminal and juvenile justice systems and
refer such persons to more appropriate and effective services; and
WHEREAS, the monies, derived from Federal Funds, will be used to develop
and follow a written work plan which includes a calendar with timelines, that specifies
activities they will undertake to meet the purpose of this program as stated above; and
WHEREAS, Hawaii Revised Statutes, Section 46 -7, requires that County
departments obtain the consent of the council to enter into agreements with the federal
or state governments respecting action to be taken pursuant to any of the powers
granted by law to furnish, expend, and receive any funds or other assistance in
connection with projects being or to be undertaken pursuant to those powers; now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with section 46 -7, Hawaii Revised Statutes, that the Mayor of the County of
Hawaii is authorized to execute, on behalf of the County, an agreement, a draft of
which is attached hereto and incorporated herein by reference as Exhibit "I ", and related
documents to enable the County to execute the Mental Health Transformational State
Incentive Grant (MHT SIG).
BE IT FINALLY RESOLVED that the County Clerk of the County of
Hawai'i shall transmit copies of this resolution to the Office of the Mayor, the
Finance Department, and the Hawaii Police Department.
Dated at Hilo , Hawai'i, this 3rd day of August , 2011.
INTRODUCED BY:
"6-7.0L
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawai`i
Hilo, Hawai`i
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on August 3, 2011
ATTEST:
(016 (.6(
C- 270/FC -90
COCTNTY CLERK CHAIRPERSON & PRESIDII G )FFICER RESOLUTION NO. 107 11
ROLL CALL VOTE
Reference:
AYES
NOES
ABS
EX
BLAS
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
7
YOSHIMOTO
X
8
0
1
0
Reference:
EXHIBIT "I"
MEMORANDUM OF AGREEMENT
BETWEEN
THE COUNTY OF HAWAII
THE HAWAII POLICE DEPARTMENT,
AND
THE DEPARTMENT OF HEALTH
MENTAL HEALTH TRANSFORMATION STATE INCENTIVE GRANT
I. INTRODUCTION AND PURPOSE
This Memorandum of Agreement ( "MOA ") is made and entered into by and between the
County of Hawaii Police Department ( "HPD "), and the Department of Health ( "DOH ")
Mental Health Transformation State Incentive Grant ( "MHT SIG ") for the purpose of
supporting the HPD's efforts to divert appropriate, non - violent individuals with mental
illness from the criminal and juvenile justice systems.
II. SERVICE REQUIREMENTS
A. The COUNTY and the HPD shall jointly develop and follow a written work plan
that include a calendar with timelines that specifies activities the COUNTY and
the HPD will undertake to meet the purpose of this MOA. The work plan shall be
based upon a needs assessment that includes, but is not limited to, consideration
of:
1. Existing HPD police and jail policies and procedures relating to persons
suffering from mental illness who come into contact with HPD staff and
the jail;
2. Existing training of HPD staff and jail personnel when dealing with
persons suffering from mental illness;
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3. Existing linkages between law enforcement agencies, the jail, and mental
health providers who provide mental health services to persons suffering
from mental illness; and
4. Existing mental health assessment and/or intervention practices available
through the HPD or jail for persons suffering from mental illness who
come into contact with HPD staff or the j ail.
B. In developing the work plan, recommendations for work plan activities from
consumers of mental health services and family members shall be sought and
considered.
C. The work plan shall include activities that improve the ability of HPD to divert
persons suffering from mental illness from entering the criminal and juvenile
justice systems and to refer such persons to more appropriate and effective
services. The work plan may include, but is not limited to, the following
activities:
1. Training for all personnel that increase the awareness of mental health
issues and options available for mental health services;
2. Training for all personnel to improve the effectiveness of prevention and
early intervention efforts for adults and juveniles with mental illness;
3. Training for all personnel to improve crisis intervention and related
strategies that may be employed by HPD and/or jail personnel;
4. Development of new or expansion of existing policies and procedures; and
5. Development of inter - agency agreements that improve the efficiency and
effectiveness of the delivery of mental health services.
D. The work plan shall be submitted to the DOH for approval within sixty (60)
calendar days of execution of this MOA.
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E. For subcontracted services, the COUNTY shall:
1. Identify the partner organization, specific outcomes to be achieved,
trainings to be provided, number of participants to be served, and
allowable expenses.
2. Monitor the implementation of the HPD Intranet Mental Health
Curriculum funded under this MOA to ensure that all subcontractors
provide services and expend funds in accordance with the terms of this
MOA and their subcontracts.
III. OTHER SERVICE REQUIREMENTS
The COUNTY and HPD shall:
A. Provide and maintain participant, fiscal, statistical, and quarterly status reports
pertaining to services as specified by the DOH.
B. Comply with all applicable State and Federal statutes, rules, and regulations
regarding confidentiality of information received during the provision of services
required under this MOA.
C. Comply with all applicable procurement statutes, rules, regulations, and cost
principles.
D. Provide quarterly program reports that include, but are not limited to, the
unduplicated count of individuals served by each program, practice, strategy,
activities, and services provided, issues or problems encountered and solutions to
these issues and problems, and projected activities for the following quarter.
Quarterly program reports shall follow the format in Exhibit "A," "Quarterly
Program Report," which is attached and made a part of this MOA. The Quarterly
Program Report shall also address the performance measures listed in Exhibit
"B," "Performance Measures," which is attached hereto and made a part of this
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MOA. Quarterly Program Reports are due thirty (30) days after the end of each
quarter.
E. Submit a year -end program report summarizing and analyzing outcome data,
accomplishments, and challenges. Year -end program reports are due forty -five
(45) days after the end of the MOA termination date.
F. Provide any other information or data relating to the provision of services as
requested by the DOH
G. Maintain regular communication with the DOH regarding challenges, issues, and
concerns that arise throughout the MOA period.
H. Attend meetings and required trainings as determined by the DOH.
IV. TIME OF PERFORMANCE
A. Time of Performance. This MOA shall be in effect from September 27, 2010 to
July 31, 2011, unless this MOA is sooner terminated as hereinafter provided.
B. Option to Extend MOA. Unless terminated, this MOA may be extended by the
DOH for specified periods of time not to exceed one (1) additional month, upon
mutual agreement and the execution of a supplemental MOA.
V. COMPENSATION AND PAYMENT SCHEDULE
A. Not -to- Exceed Amount. In full consideration for the services satisfactorily
performed by the COUNTY and the HPD under this MOA, the DOH agrees,
subject to the receipt of federal funds under the Federal Grant and subject to
allotments to be made by the Director of Finance, State of Hawaii, pursuant to
Chapter 37, Hawaii Revised Statutes, to pay the COUNTY a total sum of money
not to exceed TWENTY THOUSAND AND NO /100 DOLLARS ($20,000.00) of
federal funds to be received under the Federal Grant. The COUNTY shall submit
and the DOH shall approve a budget for the not - exceed amount. (NOTE: A
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sample budget is attached as Exhibit "C," `Budget/Expenditure Report." The
approved budget will be made a part of this MOA.) Revisions to the budget may
be made upon prior written approval of the DOH.
B. Method of Payment. Payments shall be made in accordance with and subject to
the following:
1. The first payment of approximately ninety percent (90 %) of the total
compensation shall be made upon the execution of this MOA, submission
of an invoice, and the submission of a joint COUNTY and HPD work plan
approved by the DOH.
2. After the initial payment, the COUNTY shall submit detailed quarterly
expenditure reports in the format in Exhibit "C," `Budget/Expenditure
Report." The quarterly expenditure reports shall be certified by the
COUNTY to contain expenditures actually incurred for the services
provided under this MOA. Invoices, together with expenditure reports,
supporting documents, and progress reports of the performance of services
shall be reviewed by the DOH and shall be subject to the DOH's
preliminary determination of appropriateness and allowability of the
reported expenditures. Invoices and expenditure reports shall be on forms
approved by the DOH.
3. The DOH shall withhold the final payment of approximately ten percent
(10 %) of the total compensation until final settlement of this MOA.
4. The expenditure reports shall be reviewed by the DOH and shall be
subject to the DOH's preliminary determination of appropriateness and
allowability of the reported expenditures. The DOH's preliminary
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determination of appropriateness and allowability of the reported
expenditures shall be subject to later verification and subsequent audit.
5. If expenditures are determined by the DOH to be inappropriate and
unallowable, the DOH 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, prior to the final payment,
investigation and examination reveal additional expenditures to be
inappropriate and unallowable, the DOH may require that an equivalent
amount of moneys be refunded by the COUNTY notwithstanding the
DOH's preliminary determination of appropriateness and allowability.
Final settlement shall include submission and acceptance of all reports and
other materials to be submitted by the COUNTY to the DOH, resolution
of all discrepancies in performance of services, and completion of all other
outstanding matters under this MOA.
6. Allowable expenses for necessary travel authorized in advance by the
DOH shall be determined in accordance with Chapter 10, titled "Travel
Rules," of Title 3 of the Hawaii Administrative Rules, as administered and
interpreted by the Department of Accounting and General Services, State
of Hawaii.
VI. SPECIAL CONDITIONS
A. Equipment, Supplies, and Materials. If this MOA is terminated with cause or
without cause or at the scheduled expiration of the time of performance specified
in this MOA, all unused equipment, unused supplies and materials leased or
purchased with funds paid to the COUNTY under this MOA shall become the
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property of the DOH as it so specifies and shall be disposed of as directed by the
DOH, except, if applicable, as otherwise may be provided under the Federal
Grant. All equipment that is currently being used shall remain with HPD.
B. Failure to Comply. If the COUNTY or the HPD materially fails to comply with
the terms and conditions of this MOA, the DOH may, as appropriate under the
circumstances:
1. Temporarily withhold payments pending correction of a deficiency or
delinquency in submission of required reports by the COUNTY or HPD;
2. Disallow all or part of the invoice submitted by the COUNTY; or
3. Suspend or terminate this MOA.
C. Termination of MOA. This MOA may be terminated by either party upon service
of a written notice of cancellation at least thirty (30) calendar days prior to
termination.
D. Federal Citation. Pursuant to the Public Health Service Act, as amended, the
Center for Mental Health Services of the Substance Abuse and Mental Health
Services Administration ( "SAMHSA "), United States Department of Health and
Human Services, has granted federal funds to the State of Hawaii under a Hawaii
Mental Health Transformation State Incentive Grant, Federal Assistance ID No.
5U79SM057457 -04, dated July 11, 2009, for the budget period September 30,
2009 to September 29, 2010, Catalog of Federal Domestic Assistance No. 93.243,
which notice of award, grant application, and other applicable documents and
conditions are hereinafter collectively referred to as the "Federal Grant."
E. Certification Regarding Environmental Tobacco Smoke. The COUNTY and the
_PD shall comply with the requirements of the Pro - Children Act of 1994 and by
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signing the "Certification Regarding Environmental Tobacco Smoke," attached
hereto as Exhibit "D" and made a part of this MOA, acknowledges that it is a
subgrantee of federal funds to be received under the Federal Grant.
F. Nondiscrimination. The COUNTY and the HPD shall comply with all Federal
statutes relating to nondiscrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and
1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. § §794), which prohibits
discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975,
as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis
of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527
of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (h)
Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended,
relating to non - discrimination in the sale, rental or financing of housing; (i) any
other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and (j) the requirements of any
other nondiscrimination statute(s) which may apply to the application.
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IN VIEW OF THE ABOVE, the parties execute this MOA by their signatures, on the dates
below, to be effective as of the date first above written.
HAWAII POLICE DEPARTMENT COUNTY OF HAWAII
(Signature) (Signature)
(Print Name) (Print Name)
(Print Title) (Print Title)
(Date) (Date)
DEPARTMENT OF HEALTH: APPROVED AS TO FORM:
(Signature) (Signature — County Attorney)
(Print Name) (Print Name)
Director of Health
(Print Title) (Date)
Date
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4
EXHIBIT "A"
Department of Health
Mental Health Transformation State Incentive Grant
QUARTERLY PROGRAM REPORT
1 Quarter 2 Quarter 3rd 4 th Quarter
Agency:
Service Type:
ASO LOG NO.
Contract Time of Performance:
1. Please describe your activities for this quarter (what has been accomplished in relation to
the scope of services; efforts to initiate services; staff recently hired; unduplicated count
of individuals served by each program, practice, strategy, or activity; etc.), including
information relating to the Performance Measures.
2. Please describe any problems or issues that hindered the implementation of the required
services during this period and what efforts were made to rectify these problems or issues
(unable to hire staff; difficulty in locating suitable meeting places; other agencies are
unable to provide adequate resources; etc.).
3. Please describe the goals for the next reporting period (continue efforts to hire staff;
provide services on a limited basis; begin gathering data; etc.).
Submitted B y:
Agency Representative Date
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EXHIBIT "B"
PERFORMANCE MEASURES
1. Work Plan for the development and implementation of the on -line intranet training
curriculum submitted, including evidence of consumer and family member input, within
sixty (60) calendar days of contract execution.
2. Outcome of the intranet training module to include:
a. Number of training sessions held.
b. Number of attendees and basic affiliation information.
c. Percent of training attendees who rate training session as good or better.
3. Required reports submitted by due date:
a. Quarterly Reports.
b. Expenditure Reports.
c. Final Report.
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EXHIBIT "C" SAMPLE
MENTAL HEALTH TRANSFORMATION STATE INCENTIVE GRANT
EXPENDITURE REPORT
(Contract Period: August 1, 2010 to July 31, 2011)
ConlractoriProvider. County of & Police Department
Service: Diversion of Mental Health Consumers from Justice System
Contract Log No.:
BUDGET Expencfitures Expenditures Expenditures Expenditures
CATEGORIES Budget Ist Quarter 2nd Quarter-YTD 3rd Quarter-YTD Final
(811/10-10/31/10) (811/10-131M) (8/1110-4/312111) (8M10-7/31(11)
A. PERSONNEL COST
1. Salaries
2. Payrol Taxes & Assessments
3. Fr-rigs Benefits
TOTAL PERSONNEL COST
3. OTHER CURRENT EXPENSES
1. Airfare, Inter-'siand
2. Airfare, Out-of-Scale
3. Audit Senbzes
4. Contractual Services -Administrative
5. Contra:mai Senroes Subcontracts
6. nsurance
7. LeaseRental of Equipment
8. LeaseRental of Motor Whole
P. LeaseRental cif Space 1.000
10.. Mileage
11. Postage. Freight & Deliver/ 50
12. PuP' & Printing
13. Repair & Maintenance
14. Staff Training 16„000
15• SubstariceiPer Diem
18. Suppies 2,000
17. Teleopmrminicabon
18. Transportation
19. Utrities
20. Acministratve Cverhrea4 050
21.
22.
TOTAL OTHER CURRENT EXPENSES 20.000
C. EQUIPMENT PURCHASES'
'Please use separate sheet to explain significant variances.
TOTAL (A+B+C)) 1 20,000
1 certify that this is s true and correct statement of expenditures and obligations of the prcloct Identified above to the period noted and
that ins appropriate riocumentabon to support those expenditures and megatons ere snows for Inspection at the office noted above,
P repared ey:
SOURCES OF FUNDING
(a) Name (P/ease type or prim Pncne
(b)
(c) Signature csALIncrizeti 01110a Dae
Name and Tee IPIeasehge or prin4
Far gale homy, Use Orgy
pare el Reviewer
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