HomeMy WebLinkAboutCOM 0140.024 2002-2004 40JNSY Os Hq{~q'i
Harn~ Kim W;~, Lawrence K. Mahuna
' Police Chief
l4n or' y.:
J; : Harry S. Kubojiri
qlE OF~N•~ Depun'Pohre Chic(
County of Hawaii
July 17, 2003 POLICE DEPARTMENT o
349 Kapiolani Street Hilo, Hawaii 96720J998
(808) 935-331 I Faz (808) 961-8869 ~ ~ C
GCS r-
N r~
TO JAMES Y. ARAKAKI, COUNCIL CHAIR AND COUNCIL MEM@ERS
~f\~ -
VIA DE NNA SAKO, CONTROLLER '~Cli„~..:. p~44_~
'1 / N ri
FROM ~KYJf3OJ , D UTY POLICE CHIEF -
SUBJECT NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. 84-55; Section 7(1)
os-°it
Name of Grant Program: Gang Prevention-Kona Grant
State Department of Human Services Office
Federal or State Grantor: Youth Services
County Grantee Department/Agency: County Police Department
Grant No.: DHS-04-OYS-1763
Amount of Grant: $85,000.00
Amount of County Match: None
County Revenue & Expenditures Acct 010-201-5219.36 & 3304.75
Grant Period: July 1, 2003 -June 30, 2004
To provide a coordinated system where
community based-agencies and government
orgnaizations work together to address youth
gangs and the issue surrounding these
Purpose of Grant: groups.
If final report required by grantor? yes
Notification Attached: yes
Comm. No.,Jt . 2~
Ref. Tor i"'~ +
Ref. Dote
LINDA LINGLE ~ o. SHARON L. AGNEW
GOVERNOR ,o~y\w~''
? E%ECUTIVE GIRECTOR
~ µa.~iij
I ~ w .
o~ Phone: (808)587-5700
0~.~ o ~ ~ ~ _ 7 ~u ~ I I ~ (808) 587-5734
-~rf~ail: oys@pixi.com
STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES ~ ~i ~ C
1 vii'?L
OFFICE OF YOUTH SERVICES
820 Mililani Street, Suite 817
Honolulu, Hawaii 96813
July 7, 2003
The Honorable Lawrence K. Mahuna
Police Chief
Hawaii County Police Department
349 Kapiolani Street
Hilo, Hawaii 96720-3998
Deaz Chief Mahuna:
Enclosed please find the executed Agreement for Health & Human Services: Transactions
Exempt from Chapter 103F, HRS, contract no. DHS-04-OYS-1763 between the County of
Hawaii, Hawaii Police Department (West) and the Office of Youth Services for the period July 1,
2003 through June 30, 2005.
Our specialist assigned to work with you on this Agreement is Todd Motoyama who can be
reached at (808) 587-5730. Please note that all written correspondence and reports pertaining to
this Agreement should reference the contract number to ensure proper routing and timely
attention.
Sincerely,
Sharon L. Agnew
Executive Director
Enclosure
ko
Ram'. ~2~2
DHS- 04 -OYS- 1763
STATE OF HAWAPI
AGREEMENT FOR HEALTH AND HUMAN SERVICES:
TRANSACTIONS EXEMPT FROM CHAPTER 103F, HRS
This Agreement, executed on the respective dates of the signatures of the
parties shown hereafter, is effective as of (date) July 1 2003
between the (agency) Department of Human Services, Office of Youth Services
State of Hawaii (the "STATE"), by its F.uecutive Director
(the "DIRECTOR"), whose address is 820 Mililani Street, Suite 817, Honolulu, Hawaii 96813,
and County of Hawaii, Hawaii Police Department {West)
(the "PROVIDER"), a (government entity/corporation/pattnership/sole proprietorship/other
business form) government entity
whose business address and taxpayer identification number are: 25 Aupuni st:> xilo,
Hawaii 96720 State ID 11300-16002 Federal ID 1199-6000567
RECITALS
A. 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(a)(2), HRS;
? this Agreement is to award grants or subsidies of state funds
appropriated by the legislature to a specific organization as provided
in Section 103F-101(a)(1), HRS, and Section 3-141-503(x)(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;
EXEMPT TRANSACTIONS
Page 1 Foam AG3-Eaem(4/99)
? this Agreement is for an affiliation agreement with hospitals and other
health care providers required for University of tiawan 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 STATE dated
B. 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) Act 200 Item F= 6 2003 , SLH , pr
(2) (identify federal sources) . or both,
in the following amounts:
State: $ 170,000.00
Federal: ~
D. Pursuant to (legal authority for Agreement) Section 346-63, Hxs
the STATE is authorized to enter into this Agreement.
E. 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-laws of the PROVIDER, or other similar operating
documents of the PROVIDER, such as a partnership agreement, or an
limited liability company operating agreement;
EXEMPT TRANSACTIONS
Page 2 Form AG3-Exom(4I99)
? the PROVIDER is a sole proprietor and as such does not require any
authorizing documents to sign this Agreement;
? We 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 N/A DOLLARS
(a for bodily injury and propertydamage 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 from the State of Hawai i, Department of Taxation, dated
N/A
NOW, THEREFORE, in consideration of the promises contained in this Agreement,
the STATE and the PROVIDER agree as follows:
1. Scope of Services. The PROVIDER shall, in a proper and satisfactory manner
as determined by the STATE, provide the Required Services as set forth in Exhibit "A" to
this Agreement, which is attached, and made a part of this Agreement.
2. Term of Agrreemeat. The PROVIDER shall provide the Required Services
from (date) July 1 2003 .t0 (date) June 30
2005 .unless this Agreement is sooner terminated.
3. Compensation. The PROVIDER shall be compensated
? in a total amount for all required services not to exceed
ONE HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS (s 170,000.00
including taxes, at the time and in the manner set forth is Exhibit "B"
to this Agreement, which is attached, and made a part of this
Agreement.
? based upon referrals to the PROVIDER from the STATE, payment
EXEMPT TRANSACTIONS
Page 3 Form AG3-Eaem(4199)
for each such referral shall be made according to Exhrbit "B" to this
Agreement, which is attached, and made a part.of this Agreement.
The STATE shall provide a minimum of referrals to
the PROVIDER.
4. Reporting Requirements In addition to whatever other reports may be
required elsewhere in this Agreement, the PROVIDER shall also submit a Final Project
Report, by (date) Juiy 30 2005 No amendment to the
PROVIDER'S Final Project Report shall be considered after (date) October 31
2005
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. Other Terms and Conditions. The General Conditions for Health and Human
Services Contracts (the "General Conditions") aze attached as Exhibit "D," and aze made a "
part of this Agreement. If applicable,_any Special Conditions aze attached as Exhibit "E,"
and are made 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 A~ency Procurement Officer shall be sent to:
Department o Human Services, P.O. Box 339,
Honolulu, Hawaii 96809 Notice t0 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 _
1151 Punchbowl Street, ~l230-A,
xonoluiu, 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 TRANSACTIONS
Page 4 Form AG3-Eaem(4/99)
IN VIEW OF THE ABOVE, the parties execute this Agreement by their signatures, .
on the dates below, to be effective as of the date first above written.
STATE
By d
Ptint Name Sharo Agnew
Executive Director
Title Office of Youth Services
Date Dep JUN e3 0 oLO~Iuman services
PROVIDER U3
By
Print Name Harry S. ~ iri
Title Deputy Police Chief
Date June 16, 2003
APPROVED AS TO FORM:
Deputy Attorney General
EXEMPT TRANSACTIONS
Page 5 Form AG3-Exem(4/99)
THZS PORlt IS DELETID
AND INOPERATIVE
PROVIDER'S .~CKNOWLEDG~tEYr ,
State of )
SS.
County of )
On this day of , befo me personally
appeared , to me personally !m who being by ate
duly swore. did say that he/she is the of
.the PROVIDER named is the fore ia; iastrtuaeat, aad chat
he/she is authorized to sign said instrumeat on behalf of the OVIDER a provided is
Recital E of the foregoiai Agreemeat, and aclmowle ea that he/she executed said
instrumeat as the free act and deed of the PROVIDE
~ tary Public
y .commission expires:
Ea(F.(~1PTTRANRACrIOH.s porsAG}Fstmlirv,
• Pa;~ 6
CERTIFICATION OF EXEMPTION FROM CML SERVICE
1, By Heads of State Departments or Agencies Pursuant to Delegation of the Director
of Human Resources Development'
Pursuant to the delegation of the authority by the Director of Human Resources
Development, I certify that the services provided under this Agreement, and the person(s)
providing the services under 's Agreement are exempt from the civil service, pursuant to
Ha evise t tes §76 16.
JUPd 3 0 ~CC3
(sign r (date)
Sharon L. Agnew
Print Name
Executive Director
Print Title Office of Youth Serviced
Department of Human Services
2. By the Director of Human Resources Development, State of HawaBj
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 Hawau
Revised Statutes §76-16(x.
(signature) (date)
Print Name
Print Title, if designee of Director
of Human Resources Development
tThis part of the form may be used by all department heads and others to whom the Director of
Human Reaonrosa Devebpmeat ha delegated authority to certify Hawari Revitad Statntw aectioa 76-16
civil service exceptioaa. TLe apsdtic paragraph(s) of section 76.16 upon which art exemption b based
should be Doted is the ooatna file. NO'rL?~ Authority to certify exception under Hawari Revised Statutes
section 76.16(2) and 76.16(3) hu not been delegated; Daly the Dtredor of Human Aeaouross
Development may certify section 76.16(2) and 76.16(3) exceptions.
LIhb part of the form may be used osb by the Director of Human Reaouross Development or the
Director s designee. See NOl'l: at footnote 1.
EXEMPT TRANSACTIONS
Page 7 Form AG3-Exem(l~vyi
SCOPE OF SERVICES
The PROVIDER shall, in a proper and satisfactory manner as determined by the STATE,
provide and perform all work described in this Scope of Services in strict accordance
with the terms and conditions of this Agreement.
Overview of Service
Act 189, 1990 Session Laws of Hawaii, created and funded the Youth Gang
Response System (YGRS) as a means to address in a systematic, comprehensive,
and collaborative way the problem of youth gangs in Hawaii. The YGRS
includes the components of law enforcement and gang intelligence; information
sharing and collaboration; establishment of public awazeness programs; school
and community-based prevention and intervention programs; and reseazch and
evaluation. YGRS funded programs and activities must tazget youth who aze
overrepresented in the juvenile justice system and aze either currently involved in
youth gangs or at-risk of becoming involved in youth gangs. The PROVIDER
shall assist the STATE in coordinating these components of the YGRS.
I. Outcomes Framework
A. The STATE is committed to a safe, healthy, and nurturing community that
values all youth as productive and contributing members and provides
opportunities for actualization of their highest potential. To realize this
vision, the STATE adheres to the following outcomes for youth and their
families:
1. All at-risk youth will be healthy and productive when they:
a. Engage in responsible decision making.
b. Do not engage in delinquent behaviors.
c. Develop positive sense of self.
d. Develop and maintain positive relationships in family,
social, educational, employment, community, and cultural
settings.
e. Achieve a successful "endpoint" transition to young
adulthood, e.g. graduation, employment, post-secondary
education.
2. All at-risk youth will have access to a continuum of services.
Exhibit "A"
Page 1
3. All families and communities shall provide for the healthy and
successful development of all at-risk youth.
4. All youth will be placed in and/or maintain themselves in positive
living situations (family, foster care, or independent living
situation).
B. The STATE uses an Outcomes Framework which focuses on specific
changes in youth and family conditions and behaviors. Within the context
of the Outcomes Framework the following YGRS Purpose Areas aze
addressed:
1. Purpose Area 1: Law Enforcement and Gang Intelligence
This azea includes, but is not limited to, activities directly related
to minimizing juvenile delinquent behavior that may be related to
gang involvement. Specific activities include, but are not limited
to, curfew/truancy/gang sweeps; rave party dispersal intervention;
and substance abuse enforcement activities.
2. Purpose Area 2: Information Sharing and Collaboration
This azea includes, but is not limited to, activities directly related
to disseminating gang and related juvenile justice information with
the STATE, Department of Education, Family Court, enforcement
agencies, and community agencies in a county for the purpose of
developing and implementing appropriate intervention strategies.
3. Purpose Area 3: Public Awareness Presentations/Programs
This area includes, but is not limited to, activities directly related
to raising public awareness about gang-related delinquent behavior
for the purpose of diminishing youth involvement with gangs.
Specific activities include, but are not limited to, Public Service
Announcements (PSAs), posters, advertisements, and presentations
to community members, youth service organizations, and
government personnel.
4. Purpose Area 4: School and Community-Based Intervention
and Prevention Programs
This azea includes, but is not limited to, activities directly related
to referring juveniles prone to gang involvement to youth service
agencies; counseling such youth in collaboration with school
guidance programs; assisting community-based agencies in
targeting youth gang members for job development; tattoo
removal; and activities targeting status offenders. Also included in
?his section is Positive Alternative Gang Education (PAGE), a
school-based cumculum prevention program.
Exhibit "A"
Page 2
5. Purpose Area 5: Research and Evaluation
This area includes, but is not limited to, conducting and
disseminating reseazch that profiles Hawaii's youth gangs and
youth gang issues; assessing youth gang-directed programs and
services; describing needs for additional youth gang programs and
services to be implemented; and evaluating the YGRS structure,
activities, and progress toward achieving YGRS purposes. In
addition, a comprehensive report describing the research and
evaluation findings must be produced for state and national
distribution.
C. To contribute to the achievement of the above YGRS Purpose Areas, the
PROVIDER shall:
1. Specify and submit to the STATE the dates and activities
(milestones) on Gantt Progress Chart, Form 14, attached hereto as
Attachment 2 and made a part hereof, prior to execution of this
Agreement.
2. Utilize the Gantt Progress Chart, Form 14, to evaluate progress in
achieving the established tazgets and activities to address the
YGRS purpose areas, strengthen programs, and adjust the
projections.
3. Design, implement, and refine programs for youth based on
research or evaluation that provides evidence that the programs
used prevent or reduce risk factors and establish and strengthen
protective factors.
II. Basic Components
In planning and implementing program activities to contribute to achieve the
performance tazgets and milestones of this Agreement, the PROVIDER shall
incorporate the following basic components that reflect the STATE's philosophy
of youth service:
A. Coordinated Approach. Establish a collaborative and integrated
approach with other community resources to serve the youth tazgeted by
this Agreement through formal agreements, sub-contractual arrangements,
memorandum of agreement, and/or letters of agreement with other
agencies and/or community groups.
B. Linkages with Other Agencies. Collaborate and cooperate with other
agencies within the community to plan and implement programs for the
targeted youth to assure youth have access to resources and services and to
effectively meet their needs.
Exhibit "A"
Page 3
C. Community Involvement. Engage community members to actively
participate in identifying and prioritizing needs and services offered to
ensure the appropriateness and comprehensiveness of services for the
tazgeted youth.
D. Cultural Awareness and Identity. Provide services and programs that
aze responsive to and reflect the culture, ethnicity, and identity of the
program participants. Deliver services within contexts that promote an
understanding and appreciation of the ethnic and cultural diversity of the
community ar~d provide youth with opportunities to develop an
understanding of self and one's culture and a sense of identity and
belonging.
E. Youth Involvement. Engage youth and provide them with significant
roles in planning and implementing activities, as well as opportunities to
contribute to the organization and the community.
F. Developmentally Appropriate Programming. Provide services and
activities matched to the cognitive, physical, social, and emotional
developmental abilities of youth, as well as, sensitive to the unique needs
of each program participant.
G. Gender Appropriate Programming. Provide services and activities
responsive to the strengths and unique needs of both females and males.
H. Family Involvement. Provide parent support and strengthening activities
to promote parental competencies and encourage involvement of family
members and/or significant adults in fostering family cohesion and
positive relationships within diverse family structures.
I. A Caring Adult Relationship. Provide youth with opportunities to be
involved with adults in meaningful interactions and quality relationships
that aze consistent and that provide approval for pro-social behaviors and
sanctions for antisocial behaviors.
III. Program Activities
To address the following identified YGRS Purpose Areas, the PROVIDER shall:
A. Purpose Area 1: Law Enforcement and Gang Intelligence
1. Conduct activities directly related to minimizing juvenile
delinquent behavior in communities that may be related to gang
involvement through enforcement activities and monitoring
pertinent intelligence on the establishment and existence of youth
gangs in the County of Hawaii (West).
Exhibit "A"
Page 4
2. Develop, implement, and complete by the end of each budget
period, a Criminal Reduction Unit (CRU) enforcement strategy
that includes at least 36 curfew, truancy, gang sweeps and rave
party dispersals in the County of Hawaii (West).
3. Disseminate the intelligence information to the Hawaii County
Police Department and other appropriate groups as determined by
the STATE.
4. Recruit, train, and maintain personnel for instruction of the
Positive Alternative Gang Education (PAGE) curriculum and
Incorporated Measures Preventing Alcohol Consumption by Teens
(IMPACT); activities directly related to minimizing juvenile
delinquent behavior that may be related to gang involvement; and
other gang-related matters.
B. Purpose Area 2: Information Sharing and Collaboration
1. Actively participate in the Statewide Law Enforcement Gang Task
Force (SLEGTF) and the YGRS Working Committee.
2. By the end of each budget period, complete at least 4 different
effective trainings/presentations of youth gang information and
resources obtained by the SLEGTF quarterly meetings and/or
annual trainings to significant, lazge, representative gatherings of
concerned government, educational, enforcement, and community
agencies.
3. Conduct activities directly related to disseminating gang and
related juvenile justice information with STATE, Department of
Education, Family Court, enforcement agencies, and community
agencies for the purpose of developing and implementing
appropriate intervention strategies.
4. Work with the STATE to coordinate services with YGRS agencies,
schools, and the community to identify and deal with issues of
youth involved in gangs and youth at-risk for becoming involved
in gangs.
5. Attend and participate in meetings concerning the YGRS as
coordinated by the STATE.
C. Purpose Area Public Awazeness Presentations/Programs
By the end of each budget period, plan and conduct at least 12 effective
seminars on the topic of gangs to gatherings of youth, parents, educators,
Exhibit "A"
Page 5
youth service staff, or govetnment personnel. The presentations should
include discussion of gang profiles; gang-related delinquency issues such
as truancy and substance abuse; prevention and intervention alternatives;
and the YGRS strategy for addressing youth-gang problems.
D. Purpose Area 4: School and Community-Based Intervention and
Prevention
1. By the end of each budget period, provide effective school-based
youth gang prevention curriculum or PAGE to at least 650 public
school students in the County of Hawaii (West).
2. Provide instruction of the PAGE curriculum in the following
schools: Waimea Intermediate, Kealakehe Intermediate,
Konawaena Intermediate, Kohala High, Hobkena Elementary, and
Honaunau Elementary.
3. By the end of each budget period, identify, outreach to, and
provide effective youth gang prevention services utilizing the
IMPACT program, a delinquency intervention program, to at least
120 youth identified by the County of Hawaii as youth offenders
arrested for alcohol-related offenses. Such services may include
assessment, counseling, case-management services, and referral for
services.
4. Provide activities that build self-esteem and resistance skills for
youth; create opportunities for youth to take responsibility for
themselves and others in the community through experiential and
service learning activities; be a member of a group and gain an
understanding of group dynamics; and enhance problem-solving
skills.
IV. Other Service Requirements
The PROVIDER shall:
A. Target youth between the ages of 11 and 18 who are overrepresented in
the juvenile justice system and are either currently involved in youth
gangs or ut-risk of becoming involved in youth gangs. Criteria for the
identification of gang members and risk factors identified in "Youth Gang
Programs and Strategies" report by the Office of Juvenile Justice and
Delinquency Prevention, attached hereto as Attachment 3 and made a part
hereof, shall be used when identifying and assessing youth participating in
YGRS programs and services. Special effort shall be made to target youth
that are overrepresented within the juvenile justice system from the
following ethnicities: Samoan, Hawaiian, Filipino and African-American.
Exhibit "A"
Page 6
B. Provide services for the following geogaphic areas: County of Hawaii -
West Hawaii.
C. Ensure that the time and effort ofprogram staff are appropriately allocated
to provide all of the progam activities identified in III. Program
Activities and IV. Other Service Requirements. These activities shall
correlate with and be in proportion to the overall progam goals,
objectives, performance tazgets, and milestones.
D. Refer youth who are identified as status offenders and minor law violators
to STATE services such as Ho'okala and Youth Service Center programs
and other appropriate services within the community. A list of services is
attached hereto as Attachment 4 and made a part hereof.
E. Submit to the STATE, if applicable, memoranda of ageements and
working ageements with other agencies for services under this Ageement
prior to the services being provided for review for appropriateness and
relevancy.
F. Submit to the STATE, if applicable, subcontracts with other agencies for
services under this Ageement prior to the service being provided for
review for appropriateness and relevancy. The PROVIDER shall ensure
that all subcontractors comply with the requirements of this Ageement.
Upon the request of the STATE, the PROVIDER shall submit
documentation of the subcontractor's compliance with the requirements of
this Agreement.
V. Administrative Requirements
The PROVIDER shall:
A. Meet with the STATE to discuss any aspect of this Ageement.
B. For the term of this Ageement, the PROVIDER shall:
1. Implement the plan described in Attachment 2, the Gantt Progess
Chart, Fomr 14 of this ageement.
2. Submit to the STATE as a quarterly progess report the Gantt
Progess Chart, Form 14. The quazterly progam reports are due
30 calendar days after the end of each yuarter or October 3Q,
January 30, and Apri130 of the budget period.
3. Submit to the STATE as the final progam report the Gantt
Progess Chart, Form 14, for each budget period. The final
Exhibit "A"
Page 7
program report for each budget period is due 30 calendar days after
the end of the last quarter of each budget period or July 30.
4. Specify and submit to the STATE the numerical tazgets and
milestones on the Gantt Progress Chazt, Form 14, prior to the start
of a new budget period.
C. Submit quarterly expenditure reports on STATE forms 30 days after the
end of each quarter or October 30, January 30, and April 30.
D. Submit final expenditure reports for each budget period on STATE forms
30 days after the end of each budget period or July 30.
E. Submit any additional reports, amended forms, or information that the
STATE may require or request within 10 working days of notification.
VI. Quality Assurance and Evaluation Specifications
This Agreement shall be prograznmatically and fiscally monitored by the STATE
in accordance with requirements set forth by Chapter 103F, Hawaii Revised
Statutes. The STATE shall:
A. Review program services and reports, including, but not limited to, the
Gantt Progress Chart, Form 14 and other documents submitted to the
STATE, and issues applicable to the services provided.
B. Review, amend, and approve budget, budget revisions, invoices, and
expenditure reports, if the STATE deems appropriate.
C. Review major program service azeas, such as staff qualification,
organization, and effectiveness; outcomes planning, implementation, and
evaluation; collaboration efforts; file maintenance and record keeping;
facility accessibility, suitability, and safety; transportation and other
liability issues; and consumer satisfaction.
D. Conduct periodic site visits, scheduled and/or unscheduled.
Exhibit "A"
Page 8
COMPENSATION AND PAYMENT SCHEDULE
1. Sum to be Paid. In full consideration for the services satisfactorily performed by the
PROVIDER under this Agreement, the STATE agrees, subject to allotments to be
made by the Director of Finance, State of Hawaii, pursuant to Chapter 37, Hawaii
Revised Statues, to pay the PROVIDER a total sum of money not to exceed ONE
HUNDRED SEVENTY THOUSAND AND NO/100 dollars ($170.000.001 for the
Agreement period.
2. Method of Payment. Payments shall be paid in accordance with and subject to the
following:
a. Payments shall be made in monthly installments upon the monthly submission by
the PROVIDER of an original invoice and three (3) copies for the services
provided in accordance with Exhibit A, "Scope of Services," and in accordance
with the costs identified in the Fiscal and Budget Information attached hereto as
Attachment 1 and made a part hereof. The first payment shall be an advance
installment of approximately one-twelfth (1/12) of the total compensation for a
budget period. 7'he STATE shall withhold a final payment of approximately
one-twelfth (1/12) of the total compensation for each budget period until final
settlement of each budget period of this Agreement.
b. The monthly payments shall be determined by the STATE on a cost reimbursable
basis. After the first payment made in advance, the monthly invoices shall be
based on expenditures actually incun•ed for the performance of the services
required under this Agreement. Invoices, together with such supporting
documents and progress reports of the performance of 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. The STATE's preliminary
determination of appropriateness and allowability of the reported expenditures
shall be subject to later verification and subsequent audit.
c. If an amount of reported expenditures is preliminarily determined by the STATE
to be inappropriate and unallowable, the STATE may deduct an equivalent
amount from the next payable installment and may withhold payment of the
amount of moneys equivalent to the questioned expenditures until later resolution
of the discrepancy by audit or other means. If, after payment of the last
installment prior to final payment in final settlement, investigation and
examination reveal additional expenditures that are determined by the STATE to
be inappropriate and unallowable, the STATE may require that an equivalent
amount of moneys be refunded by the PROVIDER notwithstanding the STATE's
preliminary deternination of appropriateness and allowability. An amount of
moneys to be refunded by the PROVIDER may be offset against the amount of
moneys withheld by the STATE in determining the amount of the final payment
Exhibit "B"
Page 1
to be made to the PROVIDER in final settlement of this Agreement. Final
settlement shall include submission and acceptance of all reports and other
materials to be submitted by the PROVIDER to the STATE, resolution of all
discrepancies in perfonnance of services, and completion of all other outstanding
matters under this Agreement.
3. Cost Principles. Payments shall be made in accordance with the State of Hawaii,
State Procurement Office, Chapter 103F, HRS -Cost Principles, Purchases of Health
and Human Services and when applicable, in accordance with the Office of
Management and Budget (OMB) Federal Cost Principles (OMB Circular A-21, A-87
or A-122).
4. Budget Revisions. Budget revisions will be accepted on STATE forms up to thirty
(30) calendar days before the end of the budget period. The PROVIDER shall
request in writing to the STATE for prior approval for any of the following:
a. Revisions between budget categories (i.e., "A" Personnel Costs and "B" Other
Current Expenses).
b. Additions of new budget line items (i.e., Supplies, Telephone, Utilities, etc.) not
previously budgeted.
c. Revisions of any budget line items that require a detailed justification form as
indicated by an asterisk on Contract Budget, Form OYS-205 (revised 7/17/97)
attached hereto as Attachment "1", page 2 (i.e., Salaries, Airfaze, Contractual
Services, Equipment, etc.).
d. Salary increases and any other expenditures that require prior approval in
accordance with the State of Hawaii, State Procurement Office, Chapter 103F,
HRS -Cost Principles, Purchases of Health and Human Services and when
applicable, in accordance with the Office of Management and Budget (OMB)
Federal Cost Principles (OMB Circular A-21, A-87 or A-122).
e. As requested by the STATE.
5. Final Payment. Provided that all expenditures aze in compliance with the above
Section 4, Budget Revisions, the PROVIDER will be paid the lesser of actual costs
reported on the final expenditure report or the Agreement amount for the budget
period. The STATE will allow expenditures exceeding a budgeted line item (i.e.,
Supplies, Telephone, Utilities, etc.) as long as the total amount for that budget
category (i.e., "A" Personnel Costs and "B" Other Current Expenses) is not exceeded
by more than five percent (5%) of that budget category.
6. Reporting Penalty. Should the PROVIDER fail to file the written Program and
Expenditure reports with the STATE on or before the required date, the STATE is
authorized to withhold funds owed to the PROVIDER until such time as the reports
aze acceptable and placed on file with the STATE.
Exhibit "B"
Page 2
7. Payments in Accordance with Chapter 40, HRS. All payments shall be made in
accordance with and subject to Chapter 40, Hawaii Revised Statutes.
Exhibit "B"
Page 3
THIS PORK IS DELETID
AND I:tOPERATIVE
ST.~vDARDS OF COVDL'CT DECLARATION ~
For the purposes of this declaration:
-agency' meani and includes the State, the legislature and its committees, all xecuti~e
departments, boards, commissions. committees, bureaus, offices, the [;niversi of Hawaii.
and all independent commissions and other establishments of the state g ernment but
excluding the courts.
Controlling interest" means an interest is a business or other u dertaking which is
sufficient in fact to control, whether the interest is greater or leu th fifty per cent (:0~'c).
"Employee" means any nominated, appointed, or elected offic or employee of the State.
including members of boards, commissions, and committees, d employees under contract
to the State or of the constitutional convention, but exclu g legislators, delegates to the
constitutional convention. justices, and judges.
Oa behalf of N/s ROVIDER the undersigned does
declare as follows:
1. PROVIDER (is) (is aotl a legisl r or an employee or a business in which a
legislator or as employee has a controlling ' terest.•
PROVIDER has not been assist or represented by a legislator or employee for a
fee or other compensadoa to obtain t Agreement and will not be assisted or represented
by a legislator or employee fora a or other compensation iti'the performance of the
Agreement, if the legislator ore pioyee had bees involved in the development or award
of the Agreement.
3. PROVIDER has n been assisted or represented for a fee or other compensation
in the award of this Ag meat by an Ageary employee or, is the case of the Legislature,
by a legislator.
3. PROVIDE has not bees represented or assisted personally on matters related to
the Agreement a person who has bees an employee of the Ageary within the preceding
two (2) yeah who participated while in stau office or employment on the matter with
which the meat is directly concerned.
S. OVIDER has not been represented or assisted on matters related to this
Agre ent, for a fee or other comideration by an individual who, within the past twelve
(1 months. has been as Agenry employee. or in tha case of the Legislature, a legislator.
Page I
THIS PORK IS DELETED
A.W IIiOPEBATIVE
6. PROVIDER has not been represented or assisted in the award of this Agre eot
for a fee or other cocsideration by an individual who, a) within the past twelve (l2) oaths.
served as an Agenry employee or in the case of the Legislature, a legislat ,and b~
participated while an employee or legislator on matters related to this agree eat.
PROVIDER understands that the Agreement to which this document is act hed is voidable
on behalf of the STATE if this Agreement was entered into in violation f any provision of
chapter 8~i, HRS, commonly referred to as the Code of Ethics, iac ding the provisions
which are the source of the declarations above. Additionally, any e, compensation, gtft.
or profit received by any person as a result of a violation of ch Code of Ethics may '-e
recovered by the STATE.
DATED: Honolulu, Hawaii. ,
PROVIDER
Fly
Title
'Reminder to Agenry: If "is" is ci ed, the Agenry is required, under section 84-iS, HRS.
to file with the State Ethics Co ion, tea (10) days before the Agreement is entered
into, a written justification as why the Agreement was not required to be competitively
bid.
Exhibit "C
Page Z
GENERAL CONDITIONS
1. Representations and Conditions Precedent
1.1 Agreement Subject to the Availability of State and Federal Funds.
1.1.1 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. To 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 ffie 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 Representations of the PROVIDER. As a necessary wndition to the
formation of this Agreement, the PROVIDER makes the representations
wntained in this paragraph, and the STATE relies upon such representations
as a material inducement to entering into this Agreement.
1.2.1 Compliance 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.
1.2.2 Licensing and Accreditation. As of the date of this Agreement, the
PROVIDER holds all licenses and accreditations 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:
EXHIBIT "D'
GENERAL CONDITIONS
Page 1 Fam AG3-HHSGC(4/99)
1.3.1 Smoking Policy. 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 D~ Free Work Place. The PROVIDER shall implement and
maintain a drug free work place as required by the Drug Free
Workplace Act of 1988, or its 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, et seg.), and the Rehabilitation Act
(20 U.S.C. §701, et sea.).
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 MII,L.ION AND NO/100 DOLLARS (51,000,000.00), 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 execution 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 polity shall not be
cancelled unless the insurance company has first given to the STATE thirty
(30) calendar days' written notice of the intended cancellation.
EXHIBIT "D"
GENERAL CONDITIONS
Page 2 Focm aG3-[~SGC(a/99)
1.5 Notice to Clients. Provided that the term of this Agreement is at least one
year in duration, within ONE HUNDRED AND EIGHTY (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 by 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 Reportin¢ Requirements. The PROVIDER shall submit a Final Project
Report to the STATE containing the information specified in Exhibit "B" 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 neither 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 Managed Process. If this Agreement was entered into
between July 20, 1998, nand 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. Sess. Laws 785, 787.
Pursuant to the managed process review, this Agreement may be cancelled,
renegotiated, continued, or extended by the State.
2. Documents and F71es
2.1 Confidentiality of Material.
2.1.1 All material given to or made available to the PROVIDER by virtue
of this Agreement that is identified as proprietary or confidential
information shall be safeguarded by the PROVIDER and shall not be
disclosed to any individual or organization wiWout the prior written
approval of the STATE.
~IBIT 'D'
GENERAL CONDITIONS
Page 3 Fam AG3-HHSGC(4/99)
2.1.2 All information, data, or other material provided by the PROVIDER
to the STATE shall be subject to the Uniform Information Practices
Act, chapter 92F, HRS, or its successor, and any other applicable body
of law concerning information practices or confidentiality.
2.2 Ownership Rights and Convri¢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 Agreement, and
all such material shall be considered "works made for hire" All such material
shall be delivered to the STATE upon expiration 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. Relationship between Parties
3.1 Coordination of Services by the STATE. The head of the purchasing agency,
(which term includes the designee of the head of the purchasing agenry), 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 agenry at all stages
of the PROVIDER'S work, and submit to the head of the purchasing agenry
for resolution any questions which may arise as to the performance of this
Agreement.
3.2 Subcontracts and Assienments. 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 Hawaii, showing that all delinquent taxes, if any, levied or accrued under
ERHIBIT 'D'
GENERAL CONDITIONS
Page 4 Form AG3-HHSGC(af99)
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 Hawaii, as
provided in section 40-58, HRS, or its successor provision.
3.3 Chance 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 "Agenry 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, eater into an
amendment to this Agreement with the PROVIDER to effect the change of
name. Such amendment to this Agreement changing the PROVIDER'S name
shall specifically indicate that no other. terms 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 Responsibilities. Includin¢ Tax
Resaonsibilities.
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
similaz to those performed by the Provider under this Agreement, and
the PROVIDER shall be free to wntract 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 from the State nay
vacation, sick leave, retirement, workers' compensation, unemployment
insurance, or other benefits provided to state employees. Unless
EXHIBIT 'D'
GENERAL CONDITIONS
Page 5 Fam AG3-HHSGC(ary9)
specifically authorized in writing by the DIRECTOR, the PROVIDER
and the PROVIDER's employees and agents are not authorized to
speak on behalf and no statement or admission made by the
PROVIDER or the PROVIDER'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. Furthermore, the PROVIDER 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 employment.
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) inwme taxes, (ii) employment related fees,
assessments, and taxes, and (iii) general excise taxes. The PROVIDER
also is responsible for obtaining all licenses, permits, 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 Hawai i, in accordance with section
237-9, HRS, or its successor provision, and shall comply with all
requirements thereof. The PROVIDER shall obtain a tax clearance
certificate from the Director of Taxation, State of Hawai 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 taz clcarance certificate required
for final payment under sections 103-53 and 237-45, HRS, 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.
EXHIBIT 'D'
GENERAL CONDITIONS
Page 6 Fam AG3-HHSGC(4~99)
3.5 Personnel Requirements.
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 imposed 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. Modification and Termination of Agreement
4.1 Modifications of Agreement.
4.1.1 In writing. A~+ 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 to
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 Taxation, State of Hawaii, showing that all
delinquent taxes, if any, levied or accrved under state law against the
PROVIDER have been paid.
4.2 Termination in General. 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
EXHIBIT 'D'
GENERAL CONDITIONS
Page 7 Fam AG3-HHSGC(4/99)
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 Necessiri 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 b,~ 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 is 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 Ri¢ht 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 Hawaii 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. For purposes of this
paragraph, amounts owed to the State of Hawaii 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
curnnt, and is compliance with, and not delinquent on, any payments,
obligations, or duties owed to the State of Hawaii under such payment or
other settlement plan.
S. Indemn_
I~tlon
5.1 Indemnification and Defense. The PROVIDER shall defend, indemnify, and
hold harmless the State of Hawai i, the contracting agency, and their officers,
EXHIBIT "D"
GENERAL CONDITIONS
Page 8 Fam AG3-FII~SGC(4199)
employees, 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, officers, agents, or
subcontractors under this Agreement. The provisions of this paragraph shall
remain in full force and effect notwithstanding the expiration or early
termination of this Agreement.
5.2 Cost of Litigation. In case the STATE stall, without any fault on its part, be
made a party to any litigation commenced by or against the PROVIDER in
connection with this Agreement, the PROVIDER shall pay all costs and
expenses incurred by or imposed on the STATE, including attorneys' fees.
6. Miscellaneous Provisions ,
6.1 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.
6.2 Publici Any and all publicity that the PROVIDER may undertake in
connection with the Required Services, shall be subject to the limitations of
Section 3.4.3 of these General Conditions, and the requirements of this
section:
6.2.1 Acknowled¢ment of State Supuort• Subject to the limitations of
Section 3.4.3 of these General 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 Hawaii and the purchasing agenry through appropriations
made by the Legislature of the State of Hawaii.
6.2.2 The PROVIDER shall not refer to the STATE, or any office, agency,
or officer thereof, or any State employee, including the head of the
purchasing agenry, the chief procurement officer, the DIRECTOR, the
Agency procurement officer, or to the servicxs or goods, or both,
provided under this Agreement, in a~ 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.
EXHIBIT 'D'
GENERAL CONDITIONS
Page 9 Fam AG3-HHSGC(4~99)
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 Claims. 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 wl»ch
result from violations wmmencing 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, Hawaii.
6.6 Conflict between General Conditions and Procurement Rules. Ln 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 aze 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 Severabiliri. In the event that any provision of this Agreement is declared
invalid or unenforceable by a court, such invalidity or unenforceability shall
not affect the validity or enforceability of the remaining tetms of this
Agreement.
6.9 Waiver. The failure of the STATE to insist upon the strict compliance with
any term, provision, or condition of this Agreement shall not constitute or be
)~IBIT 'D'
GENERAL CONDITIONS
Page 10 Fam AG3-FII3SGC(~/99)
deemed to constitute a waiver or relinquishment of the STATE's right to
enforce the same in accordance with this Agreement. The fact that the
STATE specifically refers to one provision of the Procurement Rules or one
section of the Hawaii Revised Statutes, and does not include other provisions
or statutory sections in this Agreement shall not constitute a waiver or
relinquishment of We STATE'S rights or the PROVIDER'S obligations under
the Procurement Rules or statutes. .
6.10 Execution in Counterparts. This Agreement may be executed in several
counterparts, each of which shall be regarded as an original and all of which
shall constitute one instrument.
EXHIBIT 'D•
GENERAL CONDITIONS
PagC 11 Farm AG3-HHSGC(a/99)
SPECIAL CONDITIONS
I. Deletion of Portions of Agreement. For purposes of the Agreement to which
this Exhibit E is attached, paragraph 5 of the Agreement, "Standazds of Conduct
Declazation," together with Exhibit C, are deleted and the parties agree that
paragraph 5 of the Agreement and Exhibit C are not operative.
2. Deletion of General Conditions. For purposes of the Agreement to which this
Exhibit E is attached, the following General Conditions of Exhibit D aze deleted
and have no operative effect as between the parties:
a. Paragraph 1.4
b. Paragraph 3.4.6
c. Pazagraph 4.1.3
3. Reports. The PROVIDER shall submit to the STATE reports as the STATE may
from time to time require, such as quarterly expenditure reports, and progress
reports on the performance of services, and information required by the STATE
for its budget program reports. The PROVIDER shall submit reports in the
appropriate formats and within the deadlines specified by the STATE. Generally,
cumulative expenditure reports, and progress reports on the performance of
services shall be submitted within thirty (30) calendaz days after the end of each
quarter. Within thirty (30) calendar days after the expiration of the time of
performance for the contract yeaz or a sooner termination date, the PROVIDER
shall submit to the STATE a final expenditure report, together with any
unexpended balance of funds advanced by the STATE, and a final report of the
services performed under this Agreement.
4. Records Maintenance, Retention, and Access. The PROVIDER shall, in
accordance with generally acceptable accounting practices, maintain fiscal
records, supporting documents and related files, papers, and reports that
adequately reflect all direct and indirect expenditures and management and fiscal
practices related to the PROVIDER'S performance of services under this
Agreement. The STATE, the Comptroller of the State of Hawaii, the Federal
granting agency, the Comptroller General of the United States, and any of their
authorized representatives, the committees (and their staffs) of the Legislature of
the State of Hawaii, and the Legislative Auditor of the State of Hawaii shall have
the right of access to :my book, document, paper, file, or other record of the
PROVIDER (and any of its subcontractors) that is related to the performance of
services under this Agreement in order to conduct an audit or other examination
or to make excerpts and transcripts for the purposes of monitoring and evaluating
the PROVIDER'S performance of services and the PROVIDER'S program,
management, and fiscal practices to assure the proper and effective expenditure of
funds under this Agreement. The right of access shall not be limited to the
required retention period but shall last as long as the records aze retained. The
Exhibit "E"
Page 1
PROVIDER shall retain all records related to the PROVIDER'S performance of
services under this Agreement for at least three (3) years after the date of
submission of the PROVIDER'S final expenditure report, except that if any
litigation, claim, negotiation, investigation, audit, or other action involving the
records has been started before the expiration of the three-year period, the
PROVIDER shall retain the records until completion of the action and resolution
of all issues that rise from it, or until the end of the regular three-year retention
period, whichever occurs later.
5. Equipment. All equipment purchased with contract funds under this Agreement
including items of personal property, as distinguished from real property, that has
an acquisition cost of $1,000.00 or more per item and with an expected life of
more than one year, shall remain the property of the STATE. All equipment
purchased with contract funds must have prior approval from the STATE before
purchase to be allowable. Following the Agreement period, all equipment shall be
reported in the final fiscal report to the STATE. Disposition of said equipment
shall be prescribed by the STATE.
6. Publications. The PROVIDER shall submit all reports and written publications
resulting from this Agreement for review, comment and approval prior to
publication. Any publications (written, visual or sound), whether published at the
PROVIDER'S or STATE'S expense, shall contain the following statements (Note:
This excludes press releases, newsletters, and issue analyses):
This project was supported by an Agreement from the Office of Youth
Services, Department of Human Services, State of Hawaii (and if
applicable, the name and federal award number of a federal grant funding
the contract).
The opinions, findings, and conclusions or recommendations expressed in
this publication/program exhibition are those of the author(s) and do not
necessarily reflect the views of the Office of Youth Services (and if
applicable, the federal grant agency).
Exhibit "E"
Page 2
Fiscal and Budget Information
Budget Budget Total
Period 1 Period 2
7/1/03-6/30/04 7/1/04-6/30/05 7/1/03-6/30/05
SOURCE
OF FUNDS
State General $85,000.00 $85,000.00 $170,000.00
Funds
Federal Funds
(CFDA#)
Ad'ustment
TOTAL $85,000.00 $85,000.00 $170,000.00
Attachment "1"
Page 1
CONTRACT BUDGET
Budget Period July 2003.1une 2004 Organization: HCPD-Kona
Contract # DHS-04-OYS-1763
ota u get
CATEGORIES Budget for Program for Contract Comments
A. PERSONNEL COST
1 Salaries 46,872.00
2 Payroll Taxes & Assessments 3,258.00
3 Fringe Benefits 5,330.00
TOTAL PERSONNEL COST 55,460.00 0.00
B. OTHER CURRENT EXPENSES
1 Supplies 1,520.00
2 Postage, Freight & Delivery
3 Telephone
4 Publication 8 Printing (PAGE wrkbks) 1,800.00
5 Mileage
6 Airfare 900.00
7 Subsistence/Per Diem 120.00
8 TaxUBus Fare/Rent-A-Car 300.00
9 Lease/Rentalof Space
10 Lease/Rental of Equipment
11 Lease/Rental of Motor Vehicle
12 Utilities
13 Repair & Maintenance
14 Insurance
15 Independent Audit
16 Contractual Services
17 Staff Training
18 Depreciation
19 Overtime 24,900.00
20
21
TOTAL OTHER CURRENT EXPENSE 29,540.00 0.00
TOTAL (A+B) 85,000.00 , 0.00
For Official Use Only Budg t re/pared
Lt. Wi~/I-{i an (808)326-4203 6-12-2003
Na Phone fFease h/pef Dade
JUN 16 2003
,gnaNre o rogram newer a e g ure o u ~e
la H P ice Chief
SignaWre al Fisol Renewer Dale Name ana TiOe (Pleafe type a poop
:~ll9Ci11TlCIlI L
PQh'C
Form OYS-205 (rev. 7!77!97)
ro a8 ~;E m m ~m o
J ~ m v 7, m e -
2 P Gl ~jC~j {¢7 6 ('1 Q Gl tp~ .i9 yy~ 9 _ ~c ~ ~ ~ ~ O^f ~ (O~f
~3~ v) ~ ~ ~E ~8 O ~ ~ ~p ~ I~J~ O d r"i .i
s 3 m 6 A
yy gg ~ ~ N m r
a p ~ 39i G$sa~ g W rII~ ~tL~ q NW WOf
6g ~ ~ ~ ~ ~
~ S ~ m~ e~es ~
K3g ~ s } W e' fi y~ yg ~ m ~ E F
g.~r R d ~ 9 Y g~, ~'v d ~ e
A
N_
n
a
`
X X X X x N
~ 10 3
c 3
xxx x x D v 3 n
o m
xxx x X ~ g n
_r m
0 0
p °f x ;
xxx x x xx ~ 70
o
~ xxx x x Z o ~ ~ a
W x A o
C' (7 y ~
n
xxx x x xx ° 3 n~
ti Z ms
` w~
xxx x x
o
xxx x x 3
xxx x x x x
xxx x x r I I I I !x
s a d ~ ~ 3
x x X X x x x ~ g~cn'O~'$
N (~D = N Q N
~ _
xxx i c~ c~ c~ c> n
X m m m m o s
` d ~ ~
y N
i y m Y'n N~ ~ n
1 ~ J J S d
S 3 3 3 3
I I (nU CCCC
~ ~ ~ 8
m m' m m
O
I
Z
o i
3 ~ ~ iii C
i
~ ~l-
- -J
m
~cn p a u
v 6 A lT d 16 ~ ~ ~v (0 d n Q N 4=~ 3~~m°
3 5?? ~ a 3 ~ 3~
:Y a 8 ~6~ s 3 a a 3~
YY~v S S 3 ~9 g~b ~b S~ S
Q S n
a s-
g g s
x x x x x x x x
x x x x x x x x
x x x x x x x x
x x x x x x x x
~ x x x x x x x x
d ~ ~
N ~ x x x x x x x x
N
x x x x x x x x
x x x x x x x x
1
x x x x I x x x x
4 -
x x x x x x x x
x x x x x x x x
x x x x x x x x x
i ~ i I
o _
3 I ~ ~
i i- L- ~ I
~ - - - ~ ~~I-
~ ~ ~ IJ
N
~ ~ ~
~ ~ ' ~
o ~ ~
~
R
~ ~
~ ~
J~
N
g~
a
g
N
A
f
d N
N ~
T
A
P
J
~y N
Attachment 3
Criteria for Identification of Gang Members & Risk Factors for Gang Membership
Revised 5/8!03
Honolulu Police Department's Hawaii Gang Member Tracking System Criteria:
Of [he following 12 conditions, applicability of at least 3 of the criteria is necessary [o identify an individual as belonging to a gang.
1. Self-admission of gang membership
2. Tattoos depicting gang affiliations
3. Style of dress consistent with gang membership
4. Possession of gang graffiti on personal property or clothing
5. Use of hand signs or symbols associated with gangs
6. Reliable informant identifies person as gang member
7. Associates with known gang members
8. Prior arrests with known gang members; crimes consistent with usual gang activity
9. Statements from family members indicating gang membership
]0. Other law enforcement agencies identify the subject as gang member
11. Attendance at gang functions or known gang hangouts
12. Identifies by other gang members or rival gang members
Childhood Risk Factors for Adolescent Gang Membership:
The following risk factors were identified in the "Youth Gang Programs and Strategies" report by the OJJDP~ as key in identifying
youth at-risk of becoming involved in gangs.
Community Risk Factor:
Neighborhoods m which drugs are readily available.
Family Risk Factors:
Family instability
Extreme economic deprivation
Low attachment to the mother
Family management problems
Family conflict
Parent pro-violent attitudes
Sibling anti-social behavior
School Risk Factor:
High association with peers who demonstrate anti-social behaviors.
Individual Risk Factors:
Early involvement in anti-social behavior
Hyperactivity
Externalizing behaviors
Alcohol consumption
Lack of social competence
Early sexual activity
Hill, K.G., Howell, J.C., J.D., and Batten-Pearson, S.R. 1999. Childhood risk factors for adolescent gang membership: Results from
the Seattle Social Development Project. Journal of Research in Crime and Delinquency 36(3):300-322.
iF (n >
mr d b m ~i ~ e M`m
N m ~
N
C
(D 4 Aai ;Z'Om~ xm~2
^ ~ ( 3 _ d d mQp ~ O ~ ~ d
O F ~ ~ m ~ ~ •''SS m e 8'
-J ~ m
d
7
~
4400 4
vddm ~ ;md; m
<<-~,mm a~~ 3
~ ~ ~ ~
~
~a Cpi3 mq
dd D ~,c c~'~ mmd
as c _ x~~a_X'=~~
m m IC ~'mo~~°~ 6
m R m m~ o~ O
a m ~ d oJl~J~~~m S
J M ~ ~ ~ [S
z v ~ ~
R ~ 3 ~ ~
~ ~ f(Dp m
'O~~OI 0~ W NA V V 9~~ J n
OO~rn ~ W W~ ~OOoO ~
SS=x ~ ~
xx~o ~ ~~s~ f W
d S ~ > ~ J " W
m b
~ 3 a m
N ~~m
c
m
N
2~Cx ~S~JC V JC ~C
O d 0~ m C ti C O O O~
C Opp d d ~ ~ S
C - C C O ~ C O
,d
x
d d d d d m d d d d d d
E F F F F F F F F E F E
m m d d d d. ~_d d d d d
wm`Si`8iC '8i`~`8i$mrnmmm~
V V V OI ' J m V V V J OJ V~ A 9
O~OWi A' WOfVObCObOA.
x~~o~ ~oo~~~oxom
d d d d d d d d O d d d
d d _ O
f 0 N N ~ O AN W W N N N b N
~tVp NtUl19 AO+T~ W OWi (UO fWp 9 D
Oi m N L= Ol A b1 V 6 W 0 Oi N=
Of A W O C 1p N A V W N W W V G d
U V W 'L O (O V P U V$ (j
N A W O m + W N W~ A W U V m ~
d ~ 10 3
'S on - ' m
N ~
A