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HomeMy WebLinkAboutCOM 0187.000 2002-2004 Div or~ Harry Kim ~,c~ William Takaba Mai or Direc(or Nancy E. Crawford ~i'C Deputy Director 1lfOf~M~~ County of Hawaii Finance Department 25 pupum Strut, Room I IS • Hilq Hawaii 96720 I SOR)961-8234 • Fax (808)961-8248 March 18, 2003 , Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Operating Budget The State of Hawaii Department of Public Safety has authorized $50,000 towards the Hawaii County's "Taking Care of Our Own" project. The funds will be used to implement an offender reentry program for the island of Hawaii. The Mayor's Office will be working with the Hawaii Community Correctional Center and the volunteer citizen's group, Hawaii Island Corrections Advisory Council, to administer this project. Enclosed is a resolution to authorize the Mayor to enter into an agreement with the State of Hawaii Department of Public Safety. Also enclosed is a bill for an ordinance amending the Operating Budget by appropriating this $50,000 for the "Taking Care of Our Own" project. To expedite the implementation of this project, the Mayor's Office would like to request a waiver from the Finance committee and have the resolution and the bill heard at the Council meeting scheduled for April 2, 2003. If there are any questions, please do not hesitate to call the Mayor's Office. ~1 William Takaba , Director of Finance APPROVED: C~~,~r Comm. Na ' ~ 1 Harry Kim File Na ~Nb~~PQ ~ Mayor Ref. To:~~ Enc. P.eP. Date_MAR 2 0„~OO~ cc: Mayor's Office IMPS E, l)-C` 5 l~r~l ~3 JAMES Y. ARAKAKI AARON S.Y. CHUNG ('h~~irman A f'i ecidinX URi<~r~~ 6Gq, BOBBY .I EAN LEITHEAD-TODD LENINGRAD ELARIONOFF 1 CURTIS CYLER, III FRED C. HOLSCHUH, M.D. l~rr Chnirnum ~i C, •'~i`~ BOB JACOBSON °f~""~ JOE REYNOLDS GARY SAFARIK COUNTY COUNCIL Court{r nJ Haurrr'i Hau•~i'i Cuuntr [3uildin,~ 15 Aupuni Srrert Hiln, Hn~rai'! 967'!l March 20, 2003 Re: Comm. 187 James Y. Arakaki, Chair Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: Resolution No. 03 Authorizing the Office of the Mayor to enter into an agreement with the State of Hawaii Department of Public Safety, Pursuant to HRS 46-7, for a pro ect entitled "Taking Care of Our Own" project. bi11 83, amen~ing the Operating Budge~u~fo~~thepprb e~~g Care of Pursuant to Section 1(g) of Rule 4 of the Rules of Procedure of the Council of the Coun~y of Hawaii, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Finance to the full Council for immediate action. In reviewing this matter, timely approval is crucial It is therefore advantageous that approval is granted and the matter placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, 1 understand the matter shall be referred to the Committee on Finance for placement on its future agenda. Since Aaron S.Y. C un~ Chair Committee on Finance Ap !Date/Waiv -Council: Disapproved/Date/Refer to FC: James :Arakaki, Chair James Y. Arakaki, Chair Haw r`i County Council Hawaii County Council STATE OF HAWAII CONTRACT FOR GOADS AND SERVICES (IN THE FOLLOWWG CATEGORIES: EXEMPT; SMALL PURCHASE; SOLE SOURCE; OR EMERGENCY) PSD 03-HCCC-23 This Contract, executed on the respective dates indicated below, is effective as of March 20 03 between Department of Public Safety (Insert name of state department, agency, board ar commission) State of Hawaii (hereinafter "STATE"), by its Director (Insert title of person signing for State) (hereinafter "PROCUREMENT OFFICER"), whose address is 919 Ala Moana Boulevard, Room 400, Honolulu, HI, 96874 and Office of the Mayor, County of Hawaii (Insert name of comparry/person) (hereinafter "CONTRACTOR"), a Governmental Organization Qnsert corporation, partnership, joint venture, safe proprietorship, or other legal form oJ(he Conbactor) under the laws of the State of Hawaii ,whose business address and taxpayer identification number are as follows: 25 Aupuni Street, Hilo, Hawaii, 96720 RECITALS A. The STATE is in need of the goods or services, or both, (also referred to as "goods and services"), described in this Contract and its attachments. The CONTRACTOR is agreeable to providing the goods and services. B. This Contract is for (check one box): ® (I) A procurement expenditure of public funds for goods and services that as otherwise exempt from public bidding as set forth in section 103D-102, Hawaii Revised Statutes (HRS), and chapter 3-120, Hawaii Administrative Rules (HAR); or or ~ (2) A small purchase procurement of goods and services as set forth in section 103D-305, HRS, and subchapter 8, chapter 3-122, HAR; or ~ (3) A sole source procurement of goods and services as set forth in section ] 03D-306, HRS, and subchapter 9, chapter 3-122, HAR; or O (4) An emergency procurement of goods and services as set forth in section 103D-307, HRS, and subchapter 10, chapter 3-122, HAR. 1 AG/SPO FORM-K(2) (1/Ol) C. Money is available to fund this Contract pursuant to: (1) (Idenlijy Slale sources) or (2) Office of Justice Programs, U.S. Department of Justice, Serious and Violent (/denl~Federal s~urceJ Offender Reentry Initiative or both, in the following amounts: State $ Federal $ 50,000.00 D. The agency's Chief Procurement Officer is Aaron Fuiioka who O has approved this procurement or ®is not required to approve this procurement. NOW, THEREFORE, in consideration of the promises contained in this Contract, the STATE and the CONTRACTOR agree as follows: 1. Scope of Services. The CONTRACTOR shall, in a proper and satisfactory manner as determined by the STATE, provide all the goods or services set forth in Attachment 1, which is hereby made a part of this Contract. 2. Compensation. The CONTRACTOR shall be compensated iri a total amount not to exceed Fifty Thousand and No/100 DOLLARS 50,000.00 including approved costs incurred and taxes, according to the Compensation and Payment Schedule set forth in Attachment 2, which is hereby made a part of this Contract. 3. Bonds. The CONTRACTOR Ois required to provide Ois not required to provide D a performance bond ~ a payment bond D a performance and payment bond in the amount of Not Applicable DOLLARS 4. Standards of Conduct Declazation. The Standazds of Conduct Declaration of the CONTRACTOR, is attached and is made a part of this Contract. 5. Other Terms and Conditions. The General Conditions and any Special Provisions are attached hereto and made apart of this Contract. In the event of a conflict between the General Conditions and the Special Provisions, the Special Provisions shall control. 6. Liguidated Daznaees. Liquidated damages shall be assessed in the amount of Not Applicable DOLLARS ) per day, in accordance with the terms of paragraph 9 of the General Conditions. 2 AG/SPO FORM-K(2) (1/Ol) 7. Notices. Any written notice required to be given by any party to this Contract shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid. Notice required to be given to the Procurement Officer or the CONTRACTOR shall be sent to the respective address as indicated in this Contract. 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 CONTRACTOR is responsible for notifying the STATE in writing of any change of address. IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on the dates below, to be effective as of the date first above written. STATE (Signa(ureJ James L. Propotnick (Prin! Name) Interim Director (PriN Tide) (Date) CONTRACTOR CORPORATE SEAL (If available) (/assert name oJContrac(or) (Signature) (Prin! Name) (Print Tide) (Date) APPROVED AS TO FORM: Deputy Attorney General •F,vidence of authority of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR must be attached. 3 AG/SPO FORM-K(2) (1/Ol) CONTRACTOR'S ACKNOWLEDGMENT STATE OF ) SS. COUNTY OF ) On this day of 20 ,before me appeazed and , to me known, to be the person(s) described in and, who, being by me duly sworn, did say that he/she/they is/are and of the CONTRACTOR named in the foregoing instrument, and that he/she/they is/aze authorized to sign said instrument on behalf of the CONTRACTOR, and acknowledges that he/she/they executed said instrument as the free act and deed of the CONTRACTOR. (Signature) (Print Name) (Notary Seal) Notary Public, State of My commission expires: 4 AG/SPO FORM-K(2) (1/Ol) CERTIFICATE OF EXEMPTION FROM CIVIL SERVICE 1. By Heads of Departments or Agencies as Delegated by the Director of Human Resources Development (a.) Pursuant to a delegation of the authority by the Director of Human Resources Development, I certify that the services provided under this Contract, and the person(s) providing the services under this Contract aze exempt from the civil service, pursuant to §76-16, Hawaii Revised Statutes (HRS), or if the services under this Contract are not exempted from civil service by §76-16, HRS, they aze exempted from civil service by Section 8, Act 230, 1998 Hawaii Session Laws 785, 788. (SignaMre) James L. Propotnick (Prior Name) Interim Director (Prior Tirfe) (Dore) a. Item 1 of this certificaate may be used by all department heads and others to whom the Director of Human Resources Development (DHRD) has delegated authority to certify §76- 16, HRS, civil service exemptions. The specific paragraph(s) of §76-16, HRS, upon which an exemption is based should be noted in the contract file. NOTE: If authority to certify exceptions under §§76-16(2) and 76-16(3), HRS, has not been delegated, only the Director of DHRD may certify §§76-16(2) and 76-16(3) exceptions. 5 AG/SPO FORM-K(2) (I/Ol) Attachment 1 SCOPE OF SERVICES PART ONE A. The STATE desires to implement an offender reentry program that is based on the Department of Public Safety's Strategic Plan, and that is in accordance with the terms and conditions of the U.S. Department of Justice, Office of Justice Programs' "Serious and Violent Offender Reentry Initiative." B. The STATE believes that a successful statewide reentry program can only come from strong partnerships with the affected community at the local level. C. The STATE finds that such partnerships exist on the Island of Maui between the Department of Public Safety, Maui Economic Opportunity Inc., the Maui Mayor's Office, and other State, County, and private organizations and individuals; and as a result, the Island of Maui has successfully developed an implementation plan and has successfully begun implementation of their county's offender reentry program. D. The STATE also finds that the Island of Hawaii has also pulled together a group of partners representing both public and private businesses and organizations that are deeply interested and committed to improving the State's reentry system for offenders on their island. E. The STATE finds, however, that Island of Hawaii has unique challenges that make it difficult for the entire county to pull together. One hundred twenty-five miles separate its two major towns: Hilo in East Hawaii and Kona in West Hawaii. In addition, the county has exceptionally high poverty and unemployment rates due to the recent collapse of the sugar industry. And, substance abuse, especially methamphetamine, is beyond epidemic proportions as highlighted in the recent National Crime Prevention Council Methamphetamine Summit held in Waikoloa. F. In order to begin a successful offender reentry program, the STATE finds that it is necessary to call to task, the partners and interest groups who will be participating in the effort. Therefore, the STATE desires to conduct an offender reentry implementation event for the County of Hawaii. G. The STATE finds that a group of volunteer citizens who have organized themselves as the "Hawaii Island Corrections Advisory Council (HICAC)" has developed a plan for this offender reentry implementation event, under the project name, "Taking Care of Our Own." 6 AG/SPO FORM-Kt2) (1/01) Attachment 1 H. The STATE finds that the Hawaii County Mayor's Office is best suited to administer this event, since it intends to be an island-wide project. PART TWO Now, therefore, in consideration of the terms contained in this Agreement, the CONTRACTOR and the STATE agree as follows: A. Proiect Development and Administration. CONTRACTOR shall work with the STATE's designee, the Hawaii Community Correctional Center (HCCC), and the volunteer citizen's group, the HICAC, to administer the Taking Care of Our Own project, in accordance and compliance with the federal requirements of the Office of Justice Programs, U.S. Department of Justice's Serious and Violent Offender Reentry Initiative. Administration of the project includes the following: 1. With the assistance of the HICAC, the CONTRACTOR shall submit to the STATE for approval, an expenditure plan for the Taking Care of Our Own Project. 2. With the assistance of the HICAC and HCCC, the CONTRACTOR shall conduct an offender reentry program implementation event. 3. With the assistance of the HICAC and HCCC, the CONTRACTOR shall develop a plan and administer follow up activities for the offender reentry program implementation event. 4. With the assistance of the HICAC and the HCCC, the CONTRACTOR shall submit to the STATE progress reports describing the status of the project's implementation, upon the STATE's request. 5. With the assistance of the HICAC and HCCC, the CONTRACTOR shall submit an evaluation of the project at the end of the contract period. 6. The HCCC shall monitor the activities of the CONTRACTOR to ensure compliance to the terms of this agreement. TIME OF PERFORMANCE The CONTRACTOR shall pertorm the services upon the effective date of the contract with the STATE. The contract shall be effective for approximately three years or upon exhausting funds authorized for this Agreement, whichever comes first, unless the Agreement is modified or terminated as provided herein. ~ AG/SPO FORM-K(2) (1/01) Attachment 2 COMPENSATION AND PAYMENT SCHEDULE A. Payment under this Agreement shall not exceed $50,000.00 (FIFTY THOUSAND DOLLARS AND NO/100). All costs shall be identified in the CONTRACTOR'S expenditure plan, which must be approved by the STATE. Amendments to the expenditure plan must also be approved by the STATE. B. Payment for services purchased under this Agreement shall be made monthly upon submission of an original invoice and three (3) copies to the following address: Beryl Iramina, Warden Hawaii Community Correctional Center 699 Waianuenue Avenue Hilo, Hawaii 96720 Invoices should reference the "Taking Care of Our Own" Project to facilitate the processing of payment. 8 AG/SPO FORM-K(2) (7/07) Attachment 3 SPECIAL PROVISIONS 1. The Standards of Conduct Declaration is not applicable to this Agreement 2. General Conditions, Number 7, Indemnification and Defense, is not applicable to this Agreement. 9 AG/SPO FORM-K(2) (1/01)