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HomeMy WebLinkAboutRES 243 Draft 01 2010-2012 ............ COUNTY OF HAWAII STATE OF HAWAI I .cF.NNP RESOLUTION NO. 243 12 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF EDUCATION, PURSUANT TO HRS 46-7, TO PROVIDE MONIES TO DEVELOP AND IMPLEMENT A STRAGEGY FOR HAWAII ISLAND SCHOOLS TO DECREASE CONSUMPTION OF ALCOHOL BY YOUTH WHEREAS, the County of Hawaii wishes to provide up to $100,000 to each of its three (3) Department of Education school complexes, for a total of up to $300,000; and WHEREAS, these funds are to be used to develop and implement a strategy for schools across Hawaii Island to decrease youth consumption of alcohol; and WHEREAS, these federally derived monies are available through the Strategic Prevention Framework State Incentive Grant (SPF-SIG), awarded to the County of Hawaii through a contract with the State of Hawaii Department of Health, Alcohol and Drug Abuse Division with funding from the Federal Substance Abuse Mental Health Services Division; 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, of which a draft is attached hereto and incorporated herein by reference as Exhibit "A", and related documents with the State of Hawaii Department of Education, to enable the County to provide funding to the State of Hawaii Department of Education's program to decrease youth consumption of alcohol. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, and the Finance Department. Dated at , Hawaii, this day of , 2012 INTRODUCED BY: .. SIR f(lf.i COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i BLAS FORD I hereby certify that the foregoing RESOLUTION was by HOFFMANN the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA County of Hawai`i on ONISHI PILAGO ATTEST: SMART YAGONG YOSHIMOTO Reference: C-658/Waived FC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 243 12 Exhibit "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT ("Agreement") made and entered into this day of , 2012, by and between the COUNTY OF HAWAII, hereinafter referred to as the "County," and STATE OF HAWAII, DEPARTMENT OF EDUCATION hereinafter referred to as "DOE," whose mailing address is P.O. Box 4160; Hilo, Hawai'i 96720. WITNESSETH: WHEREAS, the County of Hawai`i's Office of Management (the "Department") sought solicitations for its Implementation of Underage Drinking Prevention Programs for Youth , in accordance with authorized funding by the County and the State of Hawai`i Department of Health's Alcohol and Drug Abuse Division ("ADAD") through the Hawai`i Strategic Prevention Framework—State Incentive Grant ("SPF-SIG") a program funded through a cooperative agreement between ADAD and the Center for Substance Abuse Prevention ("CSAP") of the U.S. Substance Abuse and Mental Health Administration ("SAMHSA"), and WHEREAS, upon completion of a review of the DOE's program by the Proposal Review Committee , the Committee submitted its recommendation to the Director ("Director") of the County of Hawai`i Finance Department to provide funds to support the DOE's program; and WHEREAS, the Director verifies that sufficient funds are available through the SPF-SIG grant received from ADAD and now wishes to enter into an agreement with the DOE; and WHEREAS, the DOE's original program submittal approved by the County shall be made a part of this Agreement. NOW, THEREFORE, the County and the DOE in consideration of the mutual promises hereinafter set forth hereby agree as follows: 1. PROGRAM. The County provides funding to the DOE in support of the DOE submittal to implement an Underage Drinking Prevention Program for Youth Ages 12-17, which is incorporated as Exhibit 1. 1 2. PROMOTIONAL MATERIAL. The DOE shall acknowledge the County of Hawai`i Office of Management and the State of Hawai`i Department of Health Alcohol and Drug Abuse Division as contributors of funds in all printed, broadcast, and other advertisement and promotional material and documents relating to the DOE's program. 3. FUND APPLICATIONS. Funding shall be expended in accordance with the project budget as delineated as Exhibit 2. 4. FINANCING. The DOE hereby acknowledges and agrees that the County's total contribution for the DOE's approved program shall not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). It is expressly understood and agreed that the County's contribution is contingent upon the availability of funds appropriated by the SPF-SIG program. 5. METHOD OF PAYMENT. The County shall make available to the DOE at the initiation of this Agreement after receipt of an approved invoice the amount of THIRTY THREE THOUSAND THREE HUNDRED ($33,300) which represents 1/3rd (or 33.33%) of the total award. Subsequent payments will made on a cost reimbursement basis in which the County will pay for agreed upon budgeted costs that are actually incurred in delivering the services specified in the Agreement, up to the total amount of the Agreement. Such payments will be made in monthly installments upon receipt of approved invoices and expenditure reports. If the DOE materially fails to comply with the terms and conditions of this Agreement, the County may, as appropriate under the circumstances: a) Temporarily withhold payments pending correction of any deficiency or because of non-submission of a report by the DOE; or b) Disallow all or part of the invoice submitted by the DOE; or c) Suspend or terminate the Contract. 6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be made only after the issuance of a notice of final approval and acceptance by the County of Hawai`i Office of Management's Director advising the DOE of the satisfactory fulfillment of the terms of this 2 7. TERM. The teiiii of this Agreement shall commence as of the effective date of this Agreement and continue to and including June 30, 2012, unless this Agreement is terminated sooner as hereinafter provided. Notwithstanding the foregoing, the term of this Agreement may be extended by written, mutual agreement of the parties. 8. REPORTS. The DOE shall prepare and submit to the County a final written program and fiscal report. 9. PROGRAM APPROVAL. All programs funded by the County under this Agreement shall be subject to and receive approval of the County prior to any payment to the DOE. Any changes or deviations to any program must be submitted in writing for the review and approval of the Department. The Department's approval shall be in writing. 10. MODIFICATIONS OF AGREEMENT. The County may at any time make modifications to this Agreement, which shall be made by a written supplemental agreement. Modification involving no reduction or increase in compensation may be made by written order of the Director of the Office of Management. All modifications requested by the DOE shall be in writing. 11. DELAY IN PERFORMANCE OF CONTRACT. If any delay in the performance under this Agreement occurs as a result of unforeseeable causes beyond the control and without the fault or negligence of the DOE, including but not limited to, acts of God, acts of the public enemy, acts of the County with respect to this Agreement, acts of another DOE in the performance of a contract with the County, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the DOE and such subcontractors or suppliers, then the DOE may be granted an extension of the time for performance corresponding to the delay. No extension of time, however, shall be granted unless a written application therefore stating in detail the cause or causes of delay is filed by the DOE with the Director of the Office of Management within ten (10) calendar days after the commencement of the delay. No extension of time shall be deemed a waiver of the right of the County to require the completion of the services under this Agreement within the time 3 required herein as so extended by the specific terms of such extension, nor a waiver of right to terminate this Agreement for any other or additional delay not covered by the specific terms of such extension. 12. ABANDONMENT OF THE PROGRAM, DEATH OR DISABILITY OF DOE. In the event the County terminates this Agreement because it wishes to abandon, defer, restudy or revise the program, or in the event the DOE, in the case of an individual, dies or becomes physically or mentally disabled, the DOE or the DOE's estate shall be compensated in the same proportion of the compensation under this Agreement as the services performed bear to the services to be performed under this Agreement. 13. RIGHT OF THE COUNTY TO TERMINATE. The County shall have the right to suspend performance under this Agreement or terminate this Agreement in whole or in part at any time by written notice to the DOE. If the termination is for reasons other than default of the DOE as provided in paragraph 14 hereinbelow, the DOE shall be compensated in accordance with paragraph 11 hereinabove. 14. TERMINATION DUE TO DOE'S DEFAULT. The County shall have the right to terminate this Agreement, if the DOE: a) Fails to begin work under this Agreement at the required times; or b) Unnecessarily delays the performance of this Agreement or any part thereof; or c) Fails to perform this Agreement in accordance with specified times; or d) Fails to perform this Agreement in accordance with directions from the Managing Director or Program Manager; or e) Discontinues performance of this Agreement; or f} Becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency; or g) Fails to pay for all labor, tools, material and/or equipment; or h) Violates or fails to comply with any of the terms, covenants and conditions of this Agreement. 4 15. AUTHORITY TO WITHHOLD MONEY DUE OR PAYABLE. The County may withhold such amounts from the money due or to become payable under this Agreement to the DOE as may be necessary to protect the County against liability or to satisfy the obligations of the DOE to the County. 16. INDEMNITY. The DOE shall perform this Agreement as an independent contractor and shall indemnify and save the County and its officers and employees harmless from any and all deaths, injuries, losses and damages to persons or property, and any and all claims, demands, suits, action and liability therefore, caused by error, omissions or negligence in the performance of this Agreement by the DOE or the DOE subcontractors, agents and/or employees, until such time as action against the DOE for death, injuries, losses and damages is barred by the provisions of Chapter 657, Hawai`i Revised Statutes, as amended, relating to limitations of actions. 17. AUTHORITY OF THE MANAGING DIRECTOR. The Managing Director shall decide any question or dispute concerning any provision of this Agreement, which may arise during its performance. The Managing Director's decision shall be final and binding upon all parties unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence, provided that nothing herein shall be construed as making final and binding any decision of the Managing Director on a question of law. Pending final decision of any dispute or question, the DOE shall proceed diligently with the performance under this Agreement in accordance with the decision of the Managing Director. 18. LAWS AND REGULATIONS. The DOE shall be responsible for being fully informed of all state and federal laws, ordinances, codes, rules and regulations, which in any manner may affect this Agreement, and the performance thereof, including but not limited to: a) All sections of the Hawai`i County Charter and Hawai`i County Code; b) Chapters 103 and 103D, Hawai`i Revised Statutes, as amended, relating to expenditure of public money and procurement; 5 c) Chapter 321, Hawai`i Revised Statutes, as amended, relating to the Department of Health; d) Chapter 378, Hawai`i Revised Statutes, as amended, relating to fair employment practices; e) Chapter 489, Hawai`i Revised Statutes, as amended, relating to discrimination in public accommodations; f) Chapter 396, Hawai`i Revised Statutes, as amended, relating to occupational safety and health; and g) Chapter 386, Hawai`i Revised Statutes, as amended, relating to workers' compensation law. h) Nondiscrimination Clause: During the performance of this contract, the DOE agrees as follows: i. The DOE shall comply with all requirements set forth in Federal and State laws and regulations relative to Title VI of the Civil Rights Act of 1964, as amended, which provide for non-discrimination in federally assisted programs. ii. The DOE shall not discriminate against any employee or applicant for employment because of race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran's status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law. The DOE shall assure that applicants are employed and that employees are treated during employment without regard to race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran's status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law. 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. The DOE agrees to post in conspicuous places notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. 6 iii. The DOE shall in all solicitations or advertisements for employees placed by or on behalf of the DOE, state that all qualified applicants shall receive consideration for employment without regard to race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran's status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law. iv. In the event of the DOE's noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled or suspended in whole or in part and the DOE may be declared ineligible for further County contracts until such time that the DOE by satisfactory evidence, in good faith, ceases such discriminatory practices or procedures. v. The DOE who subcontracts any portion of the contract shall assure the County that such subcontractor shall abide by the nondiscrimination provisions stated herein and agrees that any subcontractor who is found in violation of such provisions shall subject the principal contractor's Agreement with the County to be terminated or suspended pursuant to Section 19.g.iv. above. vi. The County may direct any bidder, prospective DOE, or subcontractor to submit a statement in writing signed by an authorized officer, agent, or employee of the contracting party that the signer's practices and policies do not discriminate on the grounds of race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran's status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law, and that the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions stated herein. The DOE shall comply with all such present state and federal laws, ordinances, codes, rules and regulations, and all amendments thereto. If any discrepancy or inconsistency is discovered between this Agreement and any such law, ordinance, code, rule or regulation, the DOE shall forthwith report the same in writing to the Managing Director. 19. REMEDIES NOT EXCLUSIVE. The express provision herein of certain measures which may be exercised by the County for its protection shall not be construed to 7 preclude the County from exercising any other or further legal or equitable right to protect its interests. 20. FORUM SELECTION. No action or proceeding involving this Agreement shall be commenced by either party except in the Circuit or District Courts of the Third Circuit, County of Hawai`i, State of Hawai`i, and no action commenced in such court shall be removed or transferred to any other state or federal court. 21. DOE'S FAILURE TO COMPLY WITH ALL REQUIREMENTS OF THIS AGREEMENT. The DOE's failure to comply with any and all of the conditions of this Agreement and the Solicitation, referenced herein and made a part hereof, may result in the denial or rejection of future funding to the DOE from the County. 22. CONSTRUCTION OF CONTRACT. The masculine shall be deemed to embrace and include the feminine and the singular shall be deemed to embrace and include the plural whenever required in the context of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first above written. RECOMMEND APPROVAL: COUNTY OF HAWAI`I WILLIAM TAKABA By WILLIAM P. KENOI Managing Director, Office of Management Its Mayor APPROVED AS TO FORM AND STATE OF HAWAII DEPARTMENT OF LEGALITY: EDUCATION 8 Deputy Corporation Counsel By Its Date: 9 STATE OF HAWAI`I ) ) SS. COUNTY OF HAWAII ) On this day of , 2012 before me personally appeared WILLIAM P. KENOI,to me personally known, who,being by me duly sworn, did say that he is the Mayor of the County of Hawai`i,a municipal corporation of the State of Hawai`i,that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawai`i,the foregoing instrument was signed and sealed on behalf of the County of Hawai`i by authority given to said Mayor of the County of Hawai`i by Sections 5-1.3 and 13-13 of the County Charter, County of Hawai`i (2000), as amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawai`i. Signature Print or Type Name Notary Public, State of Hawai`i My Commission Expires: NOTARY CERTIFICATION Doc. Date: No. of Pages: Notary Name: Doc. Description: Circuit Notary Signature Date 10 STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) On this day of , 2012, before me appeared ,to me personally known,who, being by me duly sworn, did say that SAID is the of the , and that the instrument was signed and sealed on behalf of the , and said_acknowledges the instrument to be the free act and deed of the corporation. Notary Public, State of Hawaii My commission expires: 11