HomeMy WebLinkAboutCOM 0346.000 2000-2002 NtY Os N4~
Harry Kim aPs'~~; William Takaba
~,la;~j
Mayor Director
as
~i 1 Nancy E. Crawford
'i~~t • Depury Director
qti ol<•K~'ia
County of I-~a~vaii
Finance Depart>lnent -
25 Aupuni Street, Room 118 • Hilo, Hawaii 96720
(808)961-8234 • Fax (808)961-8248
September 11, 2001
Honorable James Arakaki, Chairperson and
Members of the County Council
Hawaii County Council
25 Aupuni Street
Milo, Hawaii 96720
Re: Operating Budget
Enclosed is a bill for an ordinance amending the Operating Budget by
appropriating a $50,000 Public Housing Grant from the State Department of
Business, Economic Development & Tourism's Housing and Community
Development Corporation of Hawaii. This grant will help defray personnel and
equipment costs for the community police officers that assist the residents in the
Ka Hale Kahalu`u, Kaimalino, and Kealakehe public housing areas and other
neighboring communities with their proactive crime and drug prevention
programs.
If there are any questions, please do not hesitate to call the Police Department.
William Ta ba
Director of Finance
AP OVER:
f"-'~~
Harry Kim
Mayor
Enc.
Cc: Police Cornet, Nos
F51e No.
Ref, To:
Ref. T3ate S ~ P ~ ~ o ~
Form B-52
'7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: POLICE DATE: 917,01
STAFF CONTACT: GARY MAESATO BUSINESS MANAGER PHONE: 961®2274
A . QU:
To create an account entitled "Public Housing GrantO° for $50,000.00
under the following object codes:
115 $40,000.00
454 $1®,000.00
To enter into a contract with the State Department of Business,
Economic Development & Tourism, housing and Community Development
Corporation of Hawaii under the Public Housing Grant.
B. BACKGROUND ANA JUSTIFICATION (USE ADDITIONAL SHEETS ASS, NEEDED:
The State Department of Business, Economic Development & Tourism,
Housing and Community Development Corporation of Hawaii is providing a
grant to assist residents in the Ka Hale Kahaluu, Kealakehe and other
neighboring communities. The grant will provide opportunities for
youth and their families to engage in activities to prevent youth from
getting involved in risky behavior and provide educational sessions
that enhances community members understanding of crime/drug prevention
measures.
DATE :
SIGNED:
S S. CORREA
POLICE CHIEF
4~ .f!! ~ 4t
• .t~Fl%ii
BENJAMIN J. CAYETANO L SHARYN L. MIYASHIRO
GOVERNOR 1: ~ E7tECUTNE DIRECTOR
`L .iti'-
R08ERTJ. HALL
ExECUTiVE ASSISTANT
STATE OF HAWAII
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT 8 TOURISM
HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII
677 QUEEN STREET, SUITE 300 ~?:R$S/()2~
HONOLULU, HAWAII 96813
FAX (808) 587-0600
August 7, 2001
James S. Correa
Chief of Police
Hawaii County Police Department
349 Kapiolani Street
Hilo, Hawaii 96720
RE: 2000 Public Housing Drug Elimination Program Final Award Letter
Enclosed please find for your signature two (2) original copies of the agreement for services
under the 2000 Public Housing Drug Elimination Program.
Please sign both original agreements and obtain the notary public. Please return to the
Housing and Community Development Corporation of Hawaii no later than Friday,
August 31, 2001. Once the agreement is fully executed, we will forward you an original for
vour tiles.
f f you have any questions, please contact Mr. Rick Sogawa, Program Specialist at 832-900.
Thank you for your prompt attention to this matter.
Sincerely,
Sharyn . Miyashlro
Executive Director
Enclosures
STATE OF ~dVAf'1
AGREEld1ENT FOtt ~iEAI,TI€ A1~iI) liUMl~'Y SERVICES:
°TRAla(SACTIOI~JS E%E~PT FRO1~1 CH~,PTEit 143F, HRS
This Agreement, executed on the respective dates of the signatures of the
parties shown hereafter, is effective as of (date) seutemher 15 ~ 2001
between the (agency) H®~SYtaG ~ C®rz~ ~~v~.0~ Ca1~0~ATI®ta 0~ wAZZ (H~
State of $°iawai'i (the "S'I'A`I°~"), by its E~ecuti®e Director
{the "I~IRJEC`TOR"), whose address is 677 Queen Street, Suite 300, Honolulu, HI96813
and City ~ County of Hawaii - HA~dIAII COUNTY POLICE 19AAi~,,,A
THEPdT
(the "P$tOVII~ER"), a (government entity/corporation/partnership/sole proprietorshiplother
business form) Goverment entity
whose business address and taxpayer identification number are: 349 Ka~iolani street,
Hilo. HaYeTali 96720
RECiTA1..S
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(x){2), HRS;
~ this Agreement is to award grants or subsidies of state funds
appropriated by the legislature to a specific organisation as provided
in Section 103F-101(a)(1), 1-iRS, and Section 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 established by Chapter
103F, HRS, and its implementing regulations;
~ this Agreement is wholly or partly funded from federal sources that (1)
identifies a target class of beneficiaries, (2) defines the requirements
for a provider to be qualified to participate in the federal program, and
(3) has the price of the provided health and human services dictated
by federal law;
EXE~IP'T TRAI~ISACTIONS
Page 1 Forffi AG3-Excffi(~~'99)
~ this Agreement is for an affiliation agreement with hospitals and other
health care providers required for University of lbia~vaii 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 covered by a written exemption
from the Chief Procurement Officer for the STAVE dated
- ~ ld. The STATE is in need of the health and human services described in this
Agreement and its exhibits (the "Required 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) or
(Z) (identify federal sources) u s Department of Houy~i.nQ ~ ITrban~IDeve~om.~~~ both,
in the following amounts:
State: S
Eederal: ~ 50,000.00 -Area 2 (Rona)
D. Pursuant to (legal authority for Agreement) DAWAII REVISID s~A~ES ,
SECTIOI+I 201G-~a
the STATE is authorized to enter into this Agreement.
1?. The undersigned representative of the PROVIDER represents, and the
STATE relies upon such representation, that he or she has authority to sign this Agreement
by virtue of (check any or all that apply):
~ corporate resolutions of the PROVIDER or other authorizing
documents such as partnership resolutions;
~ corporate by-lavs+s of the PROVIDER, or other similar operating
docuffients of the PROVIDER, such as a partnership agzeeagent, or an
limited liability company operating agreement;
EXEviP'I` 'T1~S~CTIONS
Page 2 Form AG3-Excm(~~~?
~ the PROVIDER is a sole proprietor and as such does not require any
authorizing documents to sign this Agreement;
the PROVIDER is a government entity, and the undersigned
representative of the PROVIDER is duly-authorized to execute
contracts on behalf such government entity;
~ other evidence of signing authority:
F. The PROVIDER has produced, and the STATE has inspected, a certificate
of insurance in the amount of x/A DOLLARS
-0- for bodily 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 frorri the State of I-Iawai'i, Department of Taxation, dated
Id/A
NOW, TPIEREFORE, in consideration of the promises contained in this Agreement,
the STATE and the PROVIDER agree as follows:
1. Score of Services. The PROVIDER shall, in a proper and satisfactory manner
as determined by the STATE, provide the Required Services as set forth in Exchibit "A" to
this Agreement, which is attached, and made a part of this Agreement.
2. Terrei of Agreement. The PROVIDER shall provide the Required Services
from (date) sept~~ber 15 2001 to (date) June 30
2002 .unless this Agreement is sooner terminated.
3. Compensation. The PROVIDER shall be compensated
in a total amount for all required services not to exceed
_ Fifth thousand and no/100 DOLLARS 50.000.00
including taxes, at the time and in the gnanner set forth in exhibit "E"
to this Agreement, which is attached, and made a part of this
Agreement.
~ based upon referrals to the PROVIDER from the STATE, payment
EXE~1P'T 'TIE~NSAC'TI®1~IS
Page 3 Form AG3-Exe~(~/99)
.
for each such referral shall be made according to Exhibit "13" to this
Agreera~ent, which is attached, and made' a part of this Agreement.
The S'T'ATE shall provide a minimum of referrals to
the PROVIDER.
Re oD rtIYYQ Requirements. III addition to whatever other reports may be
required elsewhere in this Agreement, the PROVIDER shall also submit a Final Project
Report, by (date) Jul~_31 2002 No amendment to the
PROVIDER'S Final Project Report shall be considered after (date) ®ugust 15
2002
5. 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. OtherTerms and Conditions. The General Conditions for Health and I°Iuman
Services Contracts (the "General Conditions") are attached as Exhibit "D," and are made a
part of this Agreement. If applicable, any Special Conditions are attached as Exhibit "E,"
and are nnade 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. Notices. Any notice, communication, or information required to 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:
1151 Punctabowl Street, Honolulu, Hawaii 95813 Notice to the
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 677 queen
Street, Suite 300, 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 'Tlt~i`1SACTIOKS
Page 4 Fornx AG3-Exem(~I99)
IN VI~VV OF Tl A130VE, the parties execute this Agreement by their si~atures,
on the dates belo~+, to be effective as of the date first above evritten.
STATlr
13y
Print Name Sharyn L. Mi~asla~.ro
Title ~ecixtive Director
Date
PRO~JIDFR
13y
Print Name Harry Kim
Title Mayor
Date
A.PPROV1rD AS TO FORM: PROVIDER
By
Print. Name James S. orrea
Deputy Attorney General
Title Police Chief
Date SEP - 5 2CC1
Page 5 Forffi AG3-EACas(4199)
PROVInER~s ~cxly®VVLEIDGMEN°T
State of Hawaii )
SS.
County of H~wai i )
On this 5th day of ~,~eotem,~, ~n~t ,before me personally
appeared James S. Correa , to me personally known, who being by me
duly sworn, did say tha h~he is the Police Chief of Hawaii Count~,y
Police Department ,the PROVIDER named in the foregoing instrument, and that
/she is authorized to sign said instrument on behalf of the PROVIDER, as provided in
Recital ~ of the foregoing P~greement, and acknowledges that/she executed said
instrument as the free act and deed of the PROVIDER.
is Ishikawa~J
Notary Public, 3rd Judicial Circuit
My commission expires: 10f 28/04
EXEiviP'I` 'rNSAC°TIONS
Page 6 Forst AG3-£xem(~99)
PROVIDER'S ACKNOi~I,EDGNIEN°T
State of )
SS.
County of )
On this day of , before me personally
appeared , to ffie personally itnown, who being by me
duly sworn, did say that he/she is the _ of
,the PItOVIDIrR named in the foregoing instrument, and that
he/she is authorized to sign said instrument on behalf of the PROVIDI?R, as prodided in
recital ~ of the foregoing Agreement, and acknowledges that he/she executed said
instrument as the free act and deed of the PROVID1rIZ.
Notary Public,
My com~misslon explreS:
E%E1riP'I' T'R~NS~CTiONS
Page 6 dorm AG3-~RCm{~l99)
CEIt°TIFICaTION OF EXEMPTION FROM CIVIL SERVICE
1. IIy Meads of State Departments or agencies Pursuant to Delegation of the Director
of 1°Iucttatt Resources Developmentt
Pursuant to the delegation of the authority by the Director of I°Iuman Resources
Development, I certify that the services provided under this Agreement, and the person(s)
providing the services under this Agreement are exempt from the civil service, pursuant to
i°€awaii Revised Statutes §76-16.
(signature) (date)
Print Name
Print Title
I certify that the services provided under this Agreement, and the perso viding
the services under this Agreement are exempt from the civil service, 'nt to I-Iwaii
Revised Statutes §76-16(_e_).
(signature) -ate)
Print Name
P ' , if designee of Director
tTbis part of the form may be used by all department heads and other to whom the Director of
Human Resources Development has delegated authority to certify Hawaii Revised Statutes section 76-16
civil service exceptions. The spec paragraph(s) of section 76-16 upon which an exemption ;s based
should be noted in the contract fs~e. NOTE Authority to certify exceptions under Hawaii Revised Statutes
sections 76-16(2) and 76-16(3) has not been delegated; only the Director of 1°iutnan Resources
Development may certify sections 76-16(2) and 76-16(3) exceptions.
1I$is part of the form may be used ®nly by the Director of Human Resources Development or the
Director's designee. Sce t+t0'rE at footnote 1.
EXEMPT TRANSACTIONS
Page 7 Form AG3-Excm(~/99)
~xhibit:4
SC~P~ O~ SE~~/IC~S
1. The PROVIDER shall, in satisfactory and proper manner as determined by the
STATE, and in strict accordance with the terms and conditions of this
AGREEMENT, provide and perform the services set forth below. It is understood
that this AGREEMENT includes the PROVIDER'S proposal, attached hereto as
APtachment 1 and made a part hereof.
2. The PROVIDER shall provide the STATE pursuant to the Public Housing Drug
Elimination Program Public Law 100-090, Chapter 2, Subtitle C-Title V of the Anti-
Drug Abuse Act of 1988 (42 US Code 11901 et seq.) as amended by Section 581 of
the National Affordable Housing Act of 1990 (NAHA), approved November 28, 1990,
Public Law 101-625, and Section 161 of the housing & Community Development
Act of 1992 (HCDA 1992), Public Law 102-550, approved October 28, 1992,
services to public housing residents at Ka Hale Kahaluu, B(aarnalin®, and
14ealakehe.
3. The PROVIDER shall attend an orientation meeting in order to obtain information
regarding the policy and procedures of the drug elimination program.
4. The PROVIDER shall submit narrative program reports within the specified
deadlines using the form and instructions prescribed by the STATE. Reports shall
include information such as accomplishments, problems encountered and corrective
actions taken, and future activities. Unless specified, the expenditure reports and
narrative reports shall be submitted within thirty (30) calendar days after the end of
each quarter. Should the PROVIDER fail to file the reports with the STATE by the
stipulated date, the STATE may withhold funds owed to the PROVIDER until the
reports are filed.
5. The PROVIDER recognizes that STATE seeks to demonstrate both effective
provisions of services to participants and changes benefiting public housing
residents and their communities. The PROVIDER will work with STATE on an on-
going basis to identify: (a) targets for successful program performance, expressed in
terms of changes in the behavior of participants and/or the community at large; (b)
timetable for successful program performance and milestones against which
performance can be assessed; and (c) strategies and data systems to measure
progress towards performance targets. The PROVIDER will provide data on a
quarterly basis on participants' involvement (using the PHDEP Quarterly
'Participation Report form) and on progress towards meeting agreed-on performance
targets.
6. The PROVIDER shall attend meetings on a monthly basis, or as instructed, with
other providers, public housing resident associations/leaders, site management staff
l=xhitai4 ~
Sc®pe of services
Wage 1 of 2
.
and other appropriate persons to share information about their program and
collaborate with STATE serve targeted housing area residents effectively.
7. The PROVIDER shall submit data and information necessary to prepare reports
required to the U.S. Department of Housing and Urban Development. The
PROVIDER will provide data on a quarterly basis on participants' involvement and
on progress towards meeting agreed-on performance targets. The data and
information shall be submitted according to the form and instructions prescribed by
the STATE unless specifed. Unless specified, all information shall be submitted
within thirty (30) calendar days after the end of each quarter or reporting period.
Should the PROVIDER fail to file the data and information with the STATE by the
stipulated date, the STATE may withhold funds owed to the PROVIDER until the
reports are filed.
8. The PROVIDER shall submit a final expenditure report and activity report in the form
prescribed by the STATE. The final expenditure report shall, at a minimum, include
a summary of all total expenditures and a written explanation of any variances from
the approved budget. The final activity report shall, at a minimum, include a
summary of the accomplishments made during the contract period, any objectives
achieved, and any obstacles to attaining program goals and recommendations for
improvements.
~Xfl!$39t !4
SCOp6 Se.R+ir.@S
gage 2 2
Exhibit ~
C~~F~N~AT4®N ANA PAl(lVI~NT` SCH~~IJ~~
1. The STATE agrees, subject to the receipt of Federal funds under the Public Mousing
Drug Elimination program, Public Law 100-090, Chapter 2, subtitle C-Tithe V of the
Anti-Drug Abuse Act of 1998 (42 US Code 11901 et. seq.), as amended by Section
581 of the National Affordable f°iousing Act of 1990 (NAHA), approved November
28, 1990, Public Law 101-625 and Section 161 of the dousing & Community
Development Act of 1992 (HCDA 1992), Public Law 102-550, approved October 28,
1992, to pay the PROVIDER, for services satisfactorily performed under this
AGREEMENT, a sum of money not to exceed Pifty th®usand and n®/100 d®f-fare
($60,000.00) for the AGREEMENT period.
2. Upon execution of this AGREEMENT, payments shall be paid in accordance with
and subject to the following:
A. Payments shall be made in five installments upon the submission by the
PROVIDER of a properly executed request for payment in accordance with
the Payment Schedule set forth below:
Payment Pmt Request Due Amt of Request
Payment 1 November 1, 2001 $15,00.00
Payment 2 January 1, 2002 $15,00.00
Payment 3 March 1, 2002 $10,00.00
Payment ~ May 1, 2002 $7,500.00
Payment 5 July 1, 2002 $7,500.00
Final Payment 5% withholding $2,500.00
Each payment shall be no more than the amount allocated per period.
Request for Payment to the STATE must be: IExecutive Director, Housing
and C®rnm-unity Devefoprnen# C®rp®ration ®f Hawaii, f~esiderat Services
Section, +~7fi Queen Street, Suite 300, H®n®fulu, Hawaii 963'f3.
S. Payments shall be made upon submission by the PROVIDER of one original
and three copies of the request for payment. The requests for payments
shall be on a form approved by the STATE.
C. Funds shall not be used to replace other amounts made available by the
federal government for services under this Agreement.
D. The PROVIDER shall expend funds pursuant to the approved budget
attached hereto as Attachment 2. If an amount of reported expenditures by
the PROVIDER is determined by the STATE. to be inappropriate or
Exhifisit ~
Compensation and Payment Schedule
Page 1 of 2
unallowable, the STATE may require that an equivalent amount of monies
refunded by the PROVIDER to the STATE.
E. if the PROVIDER fails to provide a valid tax clearance certificate within one
month of the termination date of this Agreement, the STATE shall assign the
final payment in an amount not to exceed the tax liability to the Department of
Taxation or the Internal Revenue Service; provided that the debt owed to the
- Department of Taxation shaA be offset first. If the PROVIDER fails to
satisfactorily submit all reports to the STATE within one month of the due
date, the PROVIDER shall forfeit any and all claims to the final payment and
shall still be required to submit a copy of a valid tax clearance certificate to
the STATE within three months.
F. Upon the termination date of this Agreement for whatever reason, any and all
unexpended funds advanced by the STATE to the PROVIDER pursuant to
this Agreement shall be remitted to the STATE. Funds shall be considered
expended if the PROVIDER has written verification that an expense was
accrued during the time of performance (not to exceed the termination date of
this Agreement).
G. The expenditure report, together with progress reports of performance for
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 shall be subject to later verification and subsequent audit.
H. The PROVIDER shall request in writing to the STATE for prior approval for
any budget revisions to the approved budget in excess of ten (10%) of each
budget line item. If an amount of reported expenditure is determined to be
inappropriate, unallowable, or not made in accordance with the approved
budget, the STATE may require that an equivalent amount of monies be
refunded by the PROVIDER to the STATE.
I. The STATE shall withhold payment of approximately five percent (5%) of the
total compensation, or Two thousand five hundred and no/10fl dollars
($2,vt30,00) from the last payment until final settlement of this AGREEMENT.
exhibit ~
Compensation and Payment Schedule
Page 2 of 2
STANDARDS OF CONDUC'T' DECLARATION
For the purposes of this declaration:
"Agency" means and includes the State, the legislature and its committees, all executive
departments, boards, commissions, committees, bureaus, offices, the University of 1"Iawaii,
and all independent commissions and other establishments of the state government but
excluding the courts.
"Controlling interest" means an interest in a business or other undertaking which is
sufficient in fact to control, whether the interest is greater or less than fifty per cent (SO%).
"Employee" means any nominated, appointed, or elected officer or employee of the State,
including members of boards, commissions, and committees, and employees under contract
to the State or of the constitutional convention, but excluding legislators, delegates to the
constitutional convention, justices, and judges.
On behalf of Hawaii Count Police Department, PROVIDER, the undersigned does
declare as follows:
1. PROVIDER his not} a legislator or an employee or a business in which a
legislator or an employee has a controlling interest."
2. PROVIDER has not been assisted or represented by a legislator or employee for a
fee or other compensation to obtain this Agreement and will not be assisted or represented
by a legislator or employee for a fee or other compensation in the performance of the
Agreement, if the legislator or employee had been involved in the development or award
of the Agreement.
3. PROVIDER has not been assisted or represented for a fee or other compensation
in the award of this Agreement by an Agency employee or, in the case of the Legislature,
by a legislator.
4. PROVIDER has not been represented or assisted personally on matters related to
the Agreement by a person who has been an employee of the Agency within the preceding
two (2) years and who participated while in state office or employment on the matter with
which the Agreement is directly concerned.
PROVIDER has not been represented or assisted on matters related to this
Agreement, for a fee or other consideration by an individual who, within the past twelve
(12) months, has been an Agency employee, or in the case of the Legislature, a legislator.
Exhibit "C"
Page 1
6. PROVIDER has not been represented or assisted in the award of this Agreement
for a fee or other consideration by an individual who, a) within the past twelve (12) months,
served as an Agency employee or in the case of the Legislature, a legislator, and b)
participated while an employee or legislator on matters related to this Agreement.
PROVIDER understands that the Agreement to which this document is attached is voidable
on behalf of the STATE if this Agreement was entered into in violation of any provision of
chapter 84, irIRS, commonly referred to as the Code of Ethics, including the provisions
- which are the source of the declarations above. Additionally, any fee, compensation, gift,
or profit received by any person as a result of a violation of the Code of Ethics may be
recovered by the STATE.
DATED: 1°Ionolulu, I-fawaii, ,
PROVIDER PROVIDE
By By
Title Mayor Police C ief
Title
*Reminder to Agency: If "is" is circled, the Agency is required, under section 84-1~, HRS,
to file with the State Ethics Commission, ten (10) days before the Agreement is entered
into, a written justification as to why the Agreement was not required io be competitively
bid.
Exhibit "C"
Page 2
~hibit D
GEAIERA~. CONDITIOIe1S
1. Rereresentatiasras ar~d C~nditi®ns Precedea~t
1.1 Agreement Sub,~ct to the Availab~ili~v of State and Federal Funds
1.I.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. Z`o 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 severable, and such federally funded portion
may be terminated without liability to either the PROVIDER or the
STATE in the event that federal funds are not available. In any case,
this 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 ~Zepresentations 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 info ibis Agreement.
1.2.1 Coma~liance 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, that in any way affect the PROVIDER'S
performance of this Agreement.
1?.2 Licensin and Accreditation. As of the date of this Agreement, the
PROVIDER holds all licenses and accreditaiions required under
applicable federal, state, and county laws, ordinances, codes and rules
to provide the Required Services 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:
GENEItAI. CONDITIOI~iS
Page 1 iForm AG3-I~HSGC{4199)
~ibit °b"
1.3.1 Smoking Polio 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 Drug Free Work Place. The PROVIDER shall implement and
_ maintain a drug free work place as required by the Drug )~ree
Workplace Act of 1988, or rts 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, ~t seq.), and the Rehabilitation Act
(20 U.S.C. §701, et sew,.).
1.3.4 Nondiscrimination. No person performing work under this Agreement,
including any subcontractor, employee, or agent of the PROVIDER,
shall engage in any discrimination that is prohibited by any applicable
federal, state, or county law.
1~.4 Insurance. 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 least
ONE MILLION AND NO/100 DOLLARS ($1,000,000.00), 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 property damage
liability arising out of each occurrence. The Liability Insurance shall provide
that it is the primary insurance for the State of Hawaii, the purchasing
agency, and their officers, employees, and agents for any liability arising out
of or resulting from occurrences connected with the PROVIDER'S
performance under this Agreement. Prior to or upon execaition 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 earlier 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.
GENERAL CONDITIONS
Page 2 ~oera AG3-HHgGC(4/99}
Exhibit B0D"
1.5 Notice to Clients. Provided that the term of this Agreement is at least one
. Year in duration, within ONE HUNDRED AND EIGgiTY (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 19y 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 Reporeiing Re uirements. 'I~ae PROVIDER shall submit a 1~inal Project
Report to the STATE containing flee information specified in Exhibit to
this Agreement if applicable, or otherwise satisfactory to the STATE,
documenting the PROVIDER'S overall efforts toward 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 to the Certification provided in Exhibit "C'°
to this Agreement, the PROVIDER represents that Heather the PROVIDER,
nor any employee or agent of the PROVIDER, presently has any interest, and
promises that no such interest, direct or indirect, shall be acquired, that would
or might conflict in any manner or degree with the PROVIDER'S
performance under this Agreement.
1.8 Compliance with Manama Process If this Agreement was entered into
between July 20, 1998, aand 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. Sees. Laws 785, 787.
Pursuant to the ananaged process review, this Agreement may be cancelled,
renegotiated, continued, or extended by the State.
2. Docursaerats grad Files
2.1 Confidentiality of Material.
2.1.1 All material given to or made available to the PROVIDER by virtue
of this Agreement chat 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 STAT L.
GENERAL C®NDI'TIOivIS
Page 3 Fo~n AG3-HHSGC(~l99)
Eg~ll~~t aa~n
2.1.2 All information, data, or other material provided by the PROVIDER
to the STATE shall be subject to the Uniforms Information Practices
Act, chapter 921: , IIRS, or its successor, and any other applicable body
of law concerning inforffiation practices or confidentiality.
2.2 Chvnership Rights and Cop~m~ht. The STATE shall have complete ownership
of all material, both finished and unfinished that is developed, prepared,
assembled, or conceived by the PROVIDER pursuant to this Agreeffient, and
all such material shall be considered "works made for hire." All such material
shall be delivered to the STATE upon eicpiration or termination of this
Agreement. The STATE, in its sole discretion, shall have the exclusive right
to copyright any product, concept, or material developed, prepared,
assembled, or conceived by the PROVIDER pursuant to this 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
involving the records retained under this provision arises, then such records
shall be retained for three (3) years from the date of final payment, or the
date of the resolution of the action, 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. Relatimnshin between Parties
3.1 Coordination of Services by the STATE. The head of the purchasing agency,
(which terra includes the designee of the head of the purchasing agency), shall
coordinate the services to be provided by the PROVIDER in order to
complete the performance required in the Agreement. The PROVIDER shall
maintain communications with the head of the purchasing agency at all stages
of the PROVIDER's work, and submit to the head of the purchasing agency
for resolution any questions which may arise as to the performance of this
Agreement.
3? Subcontracts and Assignments. The PROVIDER may assign or subcontract
any of the PROVIDER'S duties, obligations, or interests under this
Agreement, but only if (i) the PROVIDER obtains the prior written consent
of the STATE and (ii) the PROVIDER'S assignee or subcontractor submits
to the STATE a tax clearance certificate from the Director of Taxation, State
of I~awai'i, showing that all delinquent taxes, if any, levied or accrued under
GENERAL CONDITIONS
Page 4 Farns AG3-HI-ISGC(4/99)
Exhibit "D"
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 rIawai'i, as
provided in section 40-58, I-IItS, or its successor provision.
~3.3 Change 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 agency (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
Hanle. Such anacndment to this Agreement changing the PROVIDER'S name
shall specifically indicate that no other teryrls 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 Independent Contractor Status and ReS„~)onslblhtles Including Tax
Rest~onsibiliiies.
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; however, the
STATE shall have a general right to inspect work in progress to
determine whether, in the STATE'S opinion, the services are being
performed by the PROVIDER in compliance with this Agreement.
3.4.2 Unless otherwise provided by special condition, the STATE shall be
free to contract with other individuals and entities to provide services
similar to those performed by the Provider under this Agreement, and
the PROVIDER shall be free to contract to provide services to other
individuals or entities while under contract with the STATE.
3.4.3 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 fgom the Stale any
vacation, sick leave, retirement, workers' compensation, unemployment
insurance, or Diller benefits provided to state employees. Unless
GENERAL CONDITIONS
Page S Form AG3-HHSGC(4/99)
F.ghibit "D"
specifically authorized in writing by the DIRECTOR, the PROVIDER
and the PROVIDIER's employees and agents are not authorized to
speak on behalf and no statement or admission ffiade by the
PROVIDER or the PROVII3ER'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. 1~urthermore, the PROVIDDER intentionally, voluntarily,
and knowingly assumes the sole and entire liability to the
PROVIDER'S employees and agents, and to any individual not a party
to this Agreement, for all loss, damage, or injury caused by the
PROVIDER, or the PROVIDER's employees or agents in the course
of their employffient.
3.4.5 The PROVIDER shall be responsible for payment of all applicable
federal, state, and county taxes and fees which may become due and
owing by the PROVIDER by reason of this 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, perffiits, 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 I-iawai'i, in accordance with section
237-9, FIRS, or its successor provision, and shall co~aply with all
requirements thereof. The PROVIDER shall obtain a tax clearance
certificate from the Director of Taxation, State of PIawai'i, showing
that all delinquent taxes, if any, levied or accrued under state law
against the PROVIDER have been paid and submit the same to the
STATE prior to commencing any performance under this Agreement.
The 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, l-iRS, 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.
GENE&tAL CONDITIONS
Page 6 dorm AG3-HHSGC(4/99)
Exhibit 08D"
3.5 Personnel Re uirements.
3.5.1 The PROVIDER shall secure, at the PROVIDER'S own expense, all
personnel required to perform this Agreement, unless otherwise
provided in this Agreement.
- ~ - 3.5.2 The PROVIDER shall ensure that the PROVIDER'S employees or
agents are experienced and fully qualified to engage in the activities
and perform the services required under this Agreement, and that all
applicable licensing and operating requirements unposed or required
under federal, state, or county law, and all applicable accreditation and
other standards of quality generally accepted in the field of the
activities of such employees and agents are complied with and satisfied.
4. Modificati®r~ arad Terrninati®n ®f t~c~anent
4.1 Modifications of Agreement.
4.1.1 In writing. Any 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 io
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, change, or extension of
any term, provision, or condition of this Agreement, a tax clearance
from the Director of 'T`axation, State of I-Iawai'i, showing that all
delinquent taxes, if any, levied or accrued under state law against the
PROVIDER have been paid.
4.2 Termination in Creneral. This Agreement may be terminated in whole or in
part for a reduction in funds available to pay the PROVIDER, or when, in its
sole discretion, the STATE determines (i) that there has been a change in the
conditions upon which the need for the Required Services was based, (ii) that
the PROVIDER has failed to provide the Required Services adequately or
satisfactorily, or (iii) that other good cause for the whole or partial
termination of this Agreement exists. Termination under this section shall be
GENERAL CONDITIONS
Page 7 Form AG3-HHSGC(a/99)
Exhibit °'D"
made by~a written notice sent to the PROVIDER ten (10) working days prior
to the termination date that includes a brief statement of the reason for the
termination.
4.3 Termination for Necessi 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 clients.
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 as due
to the PROVIDER, and the amount that is due. If the STATE elects to
terminate under this section, the PROVIDER shall cooperate with the
STATE to effect an orderly transition of services to clients.
4.5 State's Right of Offset. The STATE may offset against any monies or other
obligations the STATE owes to 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 I°iawai'i by the PROVIDER, including but not
limited to the payment of any taxes or levies of any kind or nature. The
STATE shall notify the PROVIDER in writing of any exercise of its right of
offset and the nature and amount of such offset. Por purposes of this
paragraph, amounts owed to the Slate of I-Iawai'i 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 the State of Hawaii under such payment or
other settlement plan.
5. Indemnification
5.1 Indemnification and Defense. The PROVIDER shall defend, indemnify, and
hold harmless the State of Hawaii, the contracting agency, and their officers,
GENERAL CONDITIONS
Page 8 Form AG3-HHSGC(a/99)
~ahibit Q4Il"
_ _
enliployees, 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, of5cers, agents, or
subcontractors under this Agreement. The provisions of this paragraph shall
remain in full force and effect notwithstanding the expiration or early
terffiination of this Agreement.
5.2 Cost of Litigation. In case the STATE shall, without any faui$ on its part, be
made a party to any litigation co~aenced by or against the PROVIDER in
connection with this Agreeffient, the PROVIDER shall pay all costs and
expenses incurred by or imposed on the STATE, including attorneys' fees.
6. I~Iisceliaseee®us lar®wisinras
6.1 Nondiscrimination. No person performing work under this Agreenent,
including any subcontractor, employee, or agent of the PROVIDER, shall
engage in any discrimination that is prohibited by any applicable federal, state,
or county law.
6.2 Publicity. Any and all publicity that the PROVIDER ffiay undertake in
connection with the Required Services, shall be subject to the limitations of
Section 3.4.3 of these Creneral Conditions, and the requirements of this
section:
6.2.1 Acknowledgment of State Support. Subject to the Ilaraatat3onS of
Section 3.4.3 of these Cgeneral 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 I~awai'i and the purchasing agency through appropriations
made by the Legislature of the State of I`Iawai'i.
6.2.2 The PROVIDER shall not refer to the STATE, or any offace, agency,
or ofhcer thereof, or any State employee, including the head of the
purchasing agency, the chief procurement officer, the DIRECTOR, the
Agency procurement offcer, or to the services or goods, or both,
provided under this Agreement, in any of the PROVIDER'S publicity
not related to the PROVIDER'S performance under this Agreement,
including but not limited to commercial advertisements, recruiting
materials, and solicitations for charitable donations.
GENERAL CONDITIONS
Page 9 Fam AG3-HHSGC(a/99)
~ahibit °frD"
6.3 Section Headings. 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 Chinas. 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 coffimencing after the price is established under this
Agreement and which are not passed on to the STATE under an escalation
clause.
6.5 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, I-Iawai'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 any Procurement
Directive in effect on the date this Agreement became effective shall control
and are 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, promises, 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 Severability. in the event that any provision of this Agreement is declared
invalid or unenforceable by a court, such invalidity or unenforceabiiity 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 tergra, provision, or condition of this Agreement shall not constitute or be
GENERAL CONDITIONS
Page 10 Form AG3-HHSGC(4/99)
Exhibit '°D"
deemed to constitute a waiver or relinquishment ~of the STAT~'s right to
enforce the same in accordance with this Agreement. The fact that the
STATE specifically refers to one provision of the Procurement itules or one
section of the 1°iawai'i Devised 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 PItOVID~~'s obligations under
the Procurement iSules or statutes.
6.10 l:~cecution in Counterparts. This Agreelgaent may lbe executed in several
counterparts, each of which shall be regarded as an original and all of which
shall constitute one instrument.
GENERAL CONDITIONS
Page 11 Fasn AG3-HHSGC(4/99)
~C~.~Hit aoDve
exhibit ~
S~~CI~L C®IVDITI®NS
,!4. TIME O~ PERE®RNIANCE
1. The term of this AGREEMENT shall commence on September 15, 2001, and
shall end at the close of business dune 30, 2002, unless this AGREEMENT is
sooner terminated as hereinafter provided. In the event that additional time
and/or additional funding is available through the 2000 Public dousing Drug
Elimination Program grant, a SUPPLEMENTAL AGREEMENT will be executed.
2. The PROVIDER shall submit written progress reports and expenditure reports no
later than thirty (30) calendar days after each reporting period unless specified.
Reports shall be turned in accordance with Exhibit A, Scope of Services
developed and made a part of this contract. Thus, the reporting period is as
follows:
1. September 15 ~ December 31, 2001 Report Due: January 15, 2002
2. January 1 -March 31, 2002 Report Due: April 30, 2002
3. April 1 ~ June 30 , 2002 Report Due: July 15, 2002
3. The PROVIDER shall submit the final expenditure report and the final- program
report no later than thirty (30) days after the end of this AGREEMENT.
4. The PROVIDER shall establish a functioning accounting system and manage
funds in accordance with volume 24 CFR part 84 "Grants and Agreements with
Institutions of Higher Education, Hospitals, and other Non-profit Organizations,"
the Office and Management and Budget Circular A-122 "Cost Principles for Non-
profit Organizations," and Circular A-133 "Audit Requirements for States, Local
Governments, and Non-Profit Organizations." Any references in the regulations
that require the approval of the "awarding agency" or "federal grantor agency"
shall mean and include the STATE.
5. All equipment acquired by the PROVIDER under this Agreement shall be
purchased only upon written approval of the STATE and HUD in accordance with
policies as set fort, ~ by the STATE. The PROVIDER shall ensure that equipment
acquired under the Agreement will be used, managed, and dispensed with in
accordance with STAfiE laws and procedures unless otherwise instructed by the
STATE. Following the termination of this Agreement for whatever reason, all
equipment shall be included in the final report to the STATE, and disposition of
such equipment shall be prescribed by the STATE.
In accordance with Title 3, Chapter 130 of the Department of Accounting and
General Services (RAGS) administrative rules, equipment purchases shall
Exhibit ~
Tiaae of Performance
Page 1 of 3
include all non-expendable state property having a unit cost of $250.00 or more.
To comply with this administrative rule, all equipment purchases exceeding
$250.00 shall be placed on an inventory listing provided by the STATE.
13. Secti®n 3 C®ntract Clause
1. The work to be performed under this contract is subject to the requirement of
Section 3 of the Housing and Urban Development Act of 1968, as amended,
12 U.S.C. 1701 u (section 3). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance
or HUD-assisted projects covered by Section 3, shall, to the greatest extent .
feasible, be directed to !ow- and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
2. The parties to this contract agree to comply with HUD's regulations in 2~ CFR
part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual
or other impediment that would prevent them from complying with the part
135 regulation.
3. The contractor agrees to send each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or
other understanding, if any, a notice advising the labor organization or
worker's representative of the contractor's commitments under this Section 3
clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment
positions can see the notice. The notice shat! describe the Section 3
preference; shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for
each; and the name and location of the person(s) taking applications for each
of the positions; and the anticipated date the work shall begin.
4. The contractor agrees to include the Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to
take appropriate action, as provided in an applicable provision of the
subcontractor or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation of
the regulations in 24 CFR part 135.
i=xhatsit ~
Time of i'ea~orenance
• Page 2 of 3
5. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before
the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be
directed, were not filled to circumvent the contractor's obligation under 24
CFI part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
Wth respect to work performed in connection with Section 3 covering Indian
housing assistance, Section 7(b) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450e) also applies to the work to be
performed under this contract. Section 7(b) requires that to the greatest
extent feasible (1) preference and opportunities for training and employment
subcontracts shall be given to Indians, and (2) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-
owned Economic Enterprises. Parties to this contract that are subject to the
provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the
maximum extent feasible, but not in derogation of compliance with Section
7(b).
The Contractor by signature affixed hereto declares under penalty of perjury.
Contractor has read State requirements and accepts all its requirements
contained therein for all his/her operations within the State of Hawaii.
Harry Kim, Mayor
Signature Print Name and Title
ames S. Correa, Police Chief
S~nature ~ Print Name and Title
Signature Print Name and Title
Date:
Extaibit E
Time of Performance
gage 3 of 3
Attachment 1
~~na ~®Aice ~~partrr~ent
~r®p®saa f®r ®rug ~reventi®n #~`r®grarr~s
f®r ~ubiic i"f~using ~t~siclents
Housing Sites: l{a Hale Kahaluu, l4airnalino, and Kealakehe
The overall goal of the Kona Police Department is to (1) assist residents and
neighboring community members in providing opportunities for youth and their families
to engage in activities to prevent youth from getting involved in risky behavior; (2)
provide educational sessions that enhances community members understanding of
crime/drug prevention measures.
The projected outcome goals of the project are:
1. To involve youth in drug free activities that promotes and encourages a healthy
lifestyle.
2. To have at the end of the project period, an established and functioning Community
Patrol comprised of youths and residents.
3. To have by the end of the project period, an improved understanding by residents
about crime & drug prevention issues.
To have by the end of the project period, members of each community involved in a
community project that promotes community pride and a drug free environment.
Goals and ®bjectives:
Goal 1 ®The overall program goal is to reduce drug related crime and improve
the quality of life for residents of public housing.
1. Ka !-Isle Kahaluu
Objectives
I. Enhance Community-Oriented Policing services for residents by:
a. Having Investigative Operations personnel conduct 3
prevention/awareness program activities, which educate
youth and interested residents.
b. Having at least 1-patrol officer accompany community-
policing officers to meetings and establish a community
patrol program involving at least 10 residents.
Attachment 1
Pr®posal
F~age 1
c. Coordinating in collaboration with HIPAL personnel to
provide at least 1 youth activity that encourages involvement
and a health lifestyle.
d. Providing 1 training session on the basic concepts of CPTED
(Crime Prevention through Environmental Design) involving
10 residents.
e. Develop a series of community beautification projects that
involve a minimum of 10 residents.
II. Increase Police and Resident Interaction through drug-related crime
prevention programs:
a. Neighborhood Watch/Community (Meetings
b. CPTED Community Beautification Projects
c. Sports Clinics
d. Shop with a Cop Project
e. Keiki ID Program
2. Kaimalino Housing
A. Objectives
I. Enhance Community-Oriented Policing services for residents by:
a. Having Investigative Operations personnel conduct 3
prevention/awareness program activities, which educate youth
and interested residents.
b. Having at least 1-patrol officer accompany community-policing
officers to meetings.
c. Coordinating in collaboration with HIPAL personnel to provide
at least 1 youth activity that encourages involvement and a
healthy lifestyle.
d. Providing 1 training session on the basic concepts of CPTED
(Crime Prevention through Environmental Design) involving 10
residents.
e. Develop a series of community beautification projects that
involve a minimum of 10 residents.
II. Increase Police and Resident interaction through drug-related crime
prevention programs:
a. Neighborhood Watch/Community IMeetings
b CPTED Community Beautification Projects
c. Sports Clinics
d. Shop with a Cop Project
e. Keiki ID Program
:4tfachrgaent 1
Prop®sal
Page 2
3. Kealakehe Housing
A. Objectives
I. Enhance Community-Oriented Policing services for residents by:
a. Having investigative Operations personnel conduct 3
prevention/awareness program activities, which educate youth
and interested residents.
b. Having at least 1-patrol officer accompany community-policing
offiicers to meetings and scheduled community patrols.
c. Coordinating in collaboration with HIPAL personnel to provide
at least 1 youth activity that encourages involvement and a
healthy lifestyle.
d. Providing 1 training session on the basic concepts of CPTED
(Crime Prevention through Environmental Design) involving 10
residents.
e. Develop a series of community beautification projects that
involve a minimum of 10 residents.
II. Increase Police and Resident interaction through drug-related crime
prevention programs:
a. Neighborhood Watch/Community Meetings
b. CPTED -Community Beautification Projects
c. Community-Youth Patrol Program
d. Multi-Sports Activity
e. Shop with a Cop Project
f. Keiki ID Program
4. Overview of services
I. Our proposed strategy is to 1) enhance our police services to the
residents, 2) increase police presence and interaction with the
residents, and 3) offer residents an opportunity to part'scipate in
established or newly developed programs and/or activities.
II. It's our intent to establish a better working relationship between the
police and housing residents. A basic understanding must be
established in order to build trust. From there the police can tailor
activities to meet the needs and priorities of the residents. Residents
will be encouraged to take an active role in the establishment of
activities or programs.
Attachment 1
Primp®sal
Page 3
Specifically, the PROVIDER shall provide the following services:
a. Continue current involvement and support of the existing
community patrol conducted by Kealakehe Housing residents.
Work toward the establishment of a community patro! with
residents of Ka l-lale Kahaluu. Continue support and
monitoring of community meetings and activities within the
three housing facilities.
b. Provide training and equipping of community patrol members.
Encourage and support the recruitment of new patrol
members.
c. Provide and facilitate instruction on crime prevention and drug
awareness to residents and youths. Train residents on topics
of interest, which may include CPTED (Crime Prevention
through Environmental Design), civil and criminal processes,
and other public safety issues.
d. Help facilitate a collaborative process between the police,
HCDCH, and housing residents whereby information may be
shared as to strategies to improving preventative measures
against crime, drug abuse, and violence.
e. Instruct community patrol leaders on self-sufficiency and
sustainability techniques so that patrols become less reliant on
the police to accompany them while on patrols.
f. Provide statistical data that may be used to continue
community enhancement and anti-crime efforts directed at
preventing substance abuse, related to crime and violence
within the housing sites.
5. Timeline
September 15, 2001 to June 30, 2002
I. Work on the project will take the following steps that may change or
evolve. Several steps may run concurrently with others.
a. Planning
b. Assessment
c. Training
d. Police-Resident interaction
e. Resident ProgramslActivities
Attachraaent 1
€~roposal
~ag~ 4
f. Crime Prevention/Grog Awareness Programs
g. evaluation/Assessment
h. Reports
i. Other(s)
6. Budget'`
I. The allocated funds for this project to be exclusively used by Kona
Police are $50,000.00.
II. Anticipated expenses fall into the following categories:
a. Salaries - $25,000 (Overtime costs)
b. Equipment - $10,000 (®esktop computer & software; inkjet
printer)
c. Supplies - $15,000 (Training, Misc, Supplies, Community
Patrol Supplies, etc.
Refer to Budget Sheet for additional information
s4tfachevaent 1
€'~®p®sal
gage 5
~l,®Ca~fi
(Period to )
ApplicantlProvider: Area 2 -Kona (Hawaii County Police Department)
RFP No.:
Contract No. (As Applicable):
U D G ~ T Budget
~d~Tl`G~R1~S Request
(a) (b) (c) (d)
A. PERSONNEL COST
1. Salaries 20.000
2. Payroll Taxes 8 Assessments
3. Fringe Benefits
TOTAL PERSONNEL COST 20,000
B. OTHER CURRENT EXPENSES
1. Airfare, Inter-Island
2. Airfare, Out-of-State
3. Audit Services
4. Contractual Services -Administrative
5. Contractual Services -Subcontracts
6. Insurance
7. LeaselRental of Equipment
8. LeaselRental of kVlo4or Vehicle
9. LeaselRental of Space
10. IL1ilea e
11. Ponta e, Freight 8 Clelive
12. Publication 8 Printin
13. Repair & fltlaintenant:e
14. Staff Training
15. SubstancelPer Diem
16. Supplies 15.000
17. Telecommunication
18. Transportation
19. Utilities
20
21.
22.
23.
TOTAL OTHER CURRENT EXPENSES 15,000
C. EQUiPPAENT PURC>-LASES 15,000
1J. 1AOTOR VEHICLE r~URCHASES
T®T;4lr A-~~¢C+®g 50,000
Budge4 Prepared ay:
S04lFtCES ®F FUN®iING
a dud et 1"~eQl9@St 5 Name (Please type or print) Phone
b
O ignature o uthorized Orficial Oate
(d) Name and Ttle (Please type or print)
For State Agency Use Only
TOTAL ftE9/ENtJ~ 50,000
Signattue of Rev'ewer Data
Forrtt SPO-H-205 (£ffective10101/98)