HomeMy WebLinkAboutCOM 0082.063 2004-2006 JNtY'aF'
i~?Y
O 9,
Harry Kim ~ ~y6~;y; Lawrence K.1l~dahuna
ti9nvor • Police Chiej
' ~ ~ Harry S. Kubo iri
~r we'`i?: P` ~
'9>F of°a~'j° Deputy Police Chief
County of ~awai i
January 20, 2006 ~®LICE DEPAIt'I'IVIENfi
349 Kapiolani Street Hilo, Hawaii 96720-3998
(808) 935-3311 Fax (808) 961-8869
TO STACY K. RIGA, COUNCIL CHAIR AND COUNCIL MEMBERS
VIA EANNA SA O, CONTROLLER
-
FROM LAWR NCE K. MAHUNA, POLICE CHIEF
SUBJECT NOTIFICATION OF GRANT AWARD
Compliance with Ordinance No. ~s Section 7(1)
Name of Grant Program: Gang Prevention-Hilo Grant
Federal or State Grantor: State Department of Human Services
Office Youth Services
County Grantee Department/Agency: County Police Department
Grant No.: DHS-06-OYS-3085
Amount of Grant: $27,000.00
Amount of County Match: None
County Revenue & Expenditures Acct 010-201-5219.34 & 3304.75
Grant Period: October 1, 2005 -September 30, 2006
Purpose of Grant: To provide a coordinated system where
community based-agencies and
government organizations work together
to address youth gangs and the issue
surrounding these groups.
If final report required by grantor? yes
Notification Attached: yes
Rif. T+~
' DHS-06-OYS-3085
STATE OF HAWAII
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) October 1 2005
between the (agency) Department of Human Services, Office of Youth Services
State of Hawaii {ihe "STATE"), by its Executive Director
(the "DIRECTOR"), whose address is 620 Mililani Street, Suite 617, Honolulu, HaNati 96813,
and County of Hawaii Hawaii Police Department (East)
(the "PROVIDER"), a (government entity/corporation partnership/sole proprietorship/other
business form) government entity
whose business address and taxpayer identification number are: 25 Avyuni Street
Hilo, 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-lOl(a)(1), HRS, 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 parity 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 parity 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 federa] law;
EXEMPT TRANSACTIONS
Page 1 Form AG3-Excm(4/99)
? this Agreement is for an affiliation agreement with hospitals and other
health care providers required for University of Hawaii 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:
(I) (identify state sources) Act 178 Item F= 6 2005 HSL 449 or
(2) (identify federal sources) . or boW,
in the following amounts:
- Stafe: $ 27,000.00
Federal: $ "
D. Pursuant to (legal authority for Agreement) section 346-63, 8R§ ~ •
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-F_xem(a/99)
? the PROVIDER is a sole proprietor and as such does not require any
authorizing documents to sign this Agreement;
0 the PROVIDER is a government entity, and the undersigned
representative of the PROVIDER is duly-authorized to execute
contracts on behalf such government entity;
? older 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
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 from the State of Hawaii, 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 We Required Services as set forth in Exhibit "A" to
this Agreement, which is attached, and-made a part of this Agreement.
2. Term of Agreement. The PROVIDER shall provide the Required Services
from (date) October 1 2005 .t0 (date) September 30
2006 .unless this Agreement is sooner terminated.
3. Co~nsation. The PROVIDER shall be compensated
I?t] in a total amount for all required services not to exceed
TWENTY-SEVEN THOUSAND AND NO/100 DOLLARS ($z~,ooo.oo
including taxes, at the time and in the manner set forth in Exhibit "B"
to this Agreement, which is attached, and made apart of this
Agreement.
? based upon referrals to the PROVIDER from the STATE, payment
EXEMPT TRANSACTIONS
Page 3 Form AG3-Exem(a/99)
N
for each such referral shall be made according to Exhibit "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. Renortin¢ 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) October 30 2006 No amendment to the
PROVIDER's Final Project Report shall be considered after (date) December 31
2006
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") 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 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 Srst 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:
Department of Human Services, P.O. Box 339, Notice t0 the
Honolulu, Hawaii 96809
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, 11230-A,
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 TRANSACTIONS
Page 4 Form AG3-Exem(4I99)
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
Print Name Sharon L. ew
Executive Director
Title Office of Youth Services
Department
fj~ f,~ t),uiq,~ps Services
Date L L U
PR DER
By ~r
Print Name Lawrence K.. Mahuna
Title Police Chief
Date 08/04/05
APPROVED AS TO FORM:
eputy/Attorney General
EXEMPT TRANSACTIONS
Page 5 Form AG3•Exem(4/99)
IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed.
COUNTY OF HAWAII
By a~
1-~s aix~ iur7su
ITS ""ivrrc`-r'v i Managing t)irector ~'"'`Z'
APPROVED AS TO FORM AND LEGALITY:
l/~~I
Corpor-
at~unse]
X
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
~ ~z,' ~
On this ~ day of ~`-f , 2005, before me
personally appeared DIXIE KP,ETSU, to me personally known, who, being by me duly
sworn, did say that she is the Managing Director of the County of Hawaii, a municipal
corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is
the corporate seal of said County of Hawaii; that the foregoing instrument was
signed and sealed in behalf of the County of Hawaii by authority given to said Mayor
of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii
(2000), as amended, and assigned by the Mayor to the Managing Director pursuant
to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged
said instrument to be the free act and deed of said County of Hawaii.
G' c~'.~uc~' ,~1/l~ ."fir-~~-ter-~
VIRGINIA M. TOLENTINO
N ary Public, State of Hawaii
My commission expires: 4/22/2009
eo~;:OTAR{.~~~~.
F ~ ~ • 1~ ~
• ~
G
5 J*.'~UBV~
T
ATE OF HAWAII )
SS.
CO Y OF HAWAII )
On the day of , 2005, before me
personally appeared A~RRY KIM, to me personally known, who, being by me duly
sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal
corporation of the State of Ha~n~a~'• that the seal affixed to the foregoing instrument is the
corporate seal of said County of Ha~~~ai~; hat the foregoing instrument was signed and
sealed in behalf of the County of Ha~~~aii by a ority given to said Mayor of the County
of Hawaii by Section 5-] .3(g) of the County Charier, County of Hawaii (2000), as
amended, and said HARRY KIM acknowledged said inst ent to be the free act and
deed of said County of Hawaii.
Notary Public, State of Hawaii
My commission expires:
7/~~L
THIS POffi .IS DEihTt'~
' AttD ItiOPERa,TIOB
PROviDER'S ACKNOWLEDG~tE~!'i' ,
State of )
SS.
Counry of )
On this day of , befo ate personally.
appeared , to me personally 1m ~ who beinj by the
duly sworn. did say that he/she is the of
.the PROVIDER named is the fore ia= instrumett, and that
he/shs is authorized to sign said instrument oa behalt of the OVIDER. as provided is .
Recital E of the foregoing Agreemeat. and acknowle ee that hehhe executed said
instrument as the tree aet and deed of the PROVIDE
• i tary Public.
.eotnmissioa expires:
s
E~~t• rrutvswcnolvs
. pags.6 Fors AG}Fsemtaw~
r
CERTIFICATION OF EXEMPTION FROM CML SERVICE
I. 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 this Agreement are exempt from the civil service, pursuant to
Hawaii Revised Statute §76-16.
J.", 1 2 ?006
(si a re) (date)
Sharon L. Agnew
Print Name
Executive Director
Print Title Office of Youth Services
Department of Hutaan Services
2. By the Director of Human Resources Development, State of Hawall~
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 Hawaii
Revised Statutes §76-16(x.
(signature) (date)
Print Name
Print Title, if designee of Director
of Human Resources Development
'Thu part of the form may be uacd by all department heads and others to whom the Director of
Human Resources Development has delegated authority to urtify Hawau Revised Statutes section 76-16
civil service exceptiotta. The spea6e paragnph(a) of seaiott 76-16 upon which as exemption b based
should be noted m the oontraa fla NOTL• Authority to csnity exception under Hawau Revixd Statutes
section 76.16(2) and 76-16(3) has sot been delegated; only the Duedor of Humor Resourtxa
Development may artily section 76.16(2) and 76.16(3) exuptiotts.
1Thu part of the form may be used only by the Director of Human Resources Development or the
Director a designee. See NOTE st footnote 1.
EXEMPT TRANSACTIONS
Page 7 Form AG3-F.xem(~~N`~I
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 youth gang behavior in Hawaii. The YGRS includes the components of law
enforcement and gang intelligence; information sharing and collaboration; establishment
of public awareness programs; school and community-based prevention and intervention
programs; and reseazch and evaluation. YGRS funded programs and activities must
tazget youth who are engaging in emerging or more serious gang behavior and who aze
overrepresented in the juvenile justice system. The PROVIDER shall assist the STATE
in coordinating these components of the YGRS and directing efforts toward these
targeted youth.
Under the terms of this Agreement and in support of the YGRS strategy, the PROVIDER
shall conduct law enforcement sweeps relating to truancy, curfew violations, underage
drinking, rave parties, and gang intelligence and infonmation gathering. In addition, the
PROVIDER shall conduct public presentations to the community, information shazing
presentations during the YGRS Working Committee quarterly meetings and Statewide
Law Enforcement Gang Task Force (SLEGTF) quarterly meetings, and will disseminate
information gathered at the YGRS Working Committee quarterly meetings and SLEGTF
quarterly meetings within the County of Hawaii (East) Police Department and with other
appropriate community groups as determined by the STATE.
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.
Exhibit "A"
Page 1
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.
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 Gaze, 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 PROVIDER shall address the following
YGRS Purpose Areas:
1. Purpose Area 1: Law Enforcement and Gang Intelligence
This area includes, but is not limited to, activities directly related
to minimizing emerging or more serious youth gang behavior and
related juvenile delinquent behavior. 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 area includes, but is not limited to, activities directly related
to disseminating information about youth gang behavior and
related juvenile justice issues with the STATE, Department of
Education, Family Court, enforcement agencies, and community
agencies for the purpose of developing and implementing
appropriate strategies that address emerging or more serious youth
gang behavior.
3. Purpose Area 3: Public Awareness Presentations/Programs
This area includes, but is not limited to, activities directly related
to raising public awazeness about gang-related behavior for the
purpose of diminishing youth gang behavior. 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.
Exhibit "A"
Page 2
M
4. Purpose Area 4: School and Community-Based Intervention
and Prevention Programs
This area includes, but is not limited to, activities directly related
to referring youth who engage in emerging or more serious gang
behavior to youth service agencies; counseling such youth in
collaboration with school guidance programs; assisting
community-based agencies in tazgeting such youth for job/cazeer
development; social skills enhancement; academic support; and
tattoo removal.
5. Purpose Area 5: Research and Evaluation
This area includes, but is not limited to, conducting and
disseminating research that profiles Hawaii's youth gangs and
youth gang issues; assessing programs and services that address
youth gang behavior; describing needs for additional programs and
services that address youth gang behavior; and evaluating the
YGRS structure, activities, and progress toward fulfilling the
YGRS purpose areas.
C. Within the context of the outcomes framework and to contribute to the
fulfillment of the above YGRS Purpose Areas, the PROVIDER shall:
1. Establish numerical targets and milestones for the following
performance targets:
a. By ,develop, implement, and complete a law
enforcement strategy that includes at least
truancy, curfew violations, gang intelligence gathering
sweeps or party dispersals in Hawaii County (East) in the
State of Hawaii for the purpose of minimizing juvenile
delinquency.
b. By ,complete at least different
trainings/information sharing presentations of youth gang-
related information obtained through gang sweeps, the
YGRS Working Committee quarterly meetings, and
Statewide Law Enforcement Gang Task Force (SLEGTF)
quarterly meetings with significant, large, representative
gatherings of concerned government, educational,
enforcement, and community-based agencies.
c. By plan and conduct public
presentations on the topic of gang behavior to gatherings of
youth, parents, educators, administrators, youth service
staff, government personnel, and community members.
The public presentations shall include discussion of causes
Exhibit "A"
Page 3
N
and consequences of gang behavior, gang profiles, gang-
related delinquency issues such as chronic truancy, curfew
violations, underage drinking, and illicit substance use;
effective youth gang prevention and intervention strategies;
and the comprehensive YGRS approach for addressing
youth gang behavior.
2. 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.
3. 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.
4. 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 targets 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 targeted 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.
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
targeted youth.
Exhibit "A"
Page 4
D. Cultural Awareness and Identity. Provide services and programs that
are 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 and 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 contribute to the achievement of the performance targets of this Agreement,
the PROVIDER shall conduct the following activities:
A. Law Enforcement Sweeps
1. Plan and coordinate tazgeted details to enforce laws relating to
truancy, curfew violations, underage drinking, large illegal
gatherings of youth, and other behavior associated with youth gang
behavior and juvenile delinquent behavior.
2. Plan and coordinate gang sweeps directed toward emerging or
more serious gang-related behavior in the community and to gather
and monitor gang-related intelligence and information in the
County of Hawaii (East).
Exhibit "A"
Page 5
3. Arrest individuals for law violations.
B. Public Presentations
1. Update the County of Hawaii (East) Police Department's existing
youth gang awareness presentation with recent statistics, images,
and other pertinent information.
2. Contact various schools, youth service organizations, pazent
groups, and other appropriate community-based groups interested
in actively responding to youth gang behavior to schedule public
presentation sessions.
3. Customize the content of the public presentations as needed to
make appropriate for the target audience.
4. Conduct public presentations that raise awazeness of the causes
and consequences of gang behavior, gang profiles, gang-related
delinquency issues such as chronic truancy, curfew violations,
underage drinking, and illicit substance use; effective youth gang
prevention and intervention strategies; and the comprehensive
YGRS approach for addressing youth gang behavior.
5. Develop and administer a satisfaction survey to determine
participant's level of satisfaction with the presentation and utilize
the survey results to make improvements to the presentation.
C. Information Sharing
1. Organize, screen, and prepare the gang intelligence and
information gathered during the gang sweeps to be shazed with
other organizations.
2. Customize the content of the information as needed to make
appropriate for the target audience.
3. Actively share appropriate information during the YGRS Working
Committee quarterly meetings and the SLEGTF quarterly
meetings.
4. Gather information at the YGRS Working Committee quazterly
meetings and the SLEGTF quarterly meetings and disseminate
information within the Hawaii County Police Department and
other appropriate community groups as determined by the STATE.
Exhibit "A"
Page 6
N
D. Other
Work with the STATE to coordinate services with other YGRS agencies,
schools, and the community to assess for and respond to emerging or more
serious gang behavior.
IV. Other Service Requirements
The PROVIDER shall:
A. Target youth between the ages of 1 l and 18 who are engaging in emerging
or more serious gang behavior and who are overrepresented in the juvenile
justice system. Definitions and criteria for the identification of gangs,
gang members and gang associates, and identification of risk factors
contributing to gang-related behavior, identified in "Review of Risk
Factors for Juvenile Delinquency and Youth Gang Involvement" report by
the Office of Juvenile Justice and Delinquency Prevention, attached hereto
as Attachment 3 and made a part hereof, shall be used to identify and
assess for gang-related behaviors that would qualify a youth for
participation 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.
B. Provide services for the County of Hawaii (East).
C. Ensure that the time and effort of program staff are appropriately allocated
to provide all of the program activities identified in III. Program
Activities and IV. Other Service Requirements. These activities shall
correlate with and be in proportion to the overall program goals,
objectives, performance targets, 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 agreements and
working agreements with other agencies for services under this Agreement
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 Agreement 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 Agreement.
Exhibit "A"
Page 7
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
For the teen of this Agreement, the PROVIDER shall:
A. Meet with the STATE to discuss any aspect of this Agreement.
B. ]mplement the plan described in Attachment 2, the Gantt Progress Chart,
Form 14 of this Agreement.
C. Submit to the STATE as a quarterly progress report the Gantt Progress
Chart, From 14. The quarterly program reports are due 30 calendaz days
after the end of each quarter or January 30, April 30, and July 30 of the
budget period.
D. Submit to the STATE as the final program report the Gantt Progress
Chart, From 14, for each budget period. The final program report for each
budget period is due 30 calendar days after the end of each budget period
or October 30.
E. Specify and submit to the STATE the numerical targets and milestones on
the Gantt Progress Chart, Form 14, prior to the start of a new budget
period.
F. Submit quarterly expenditure reports on STATE forms 30 days after the
end of each quarter or January 30, April 30, and July 30.
G. Submit final expenditure reports for each budget period on STATE forms
30 days after the end of each budget period or October 30.
H. 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 programmatically and fiscally monitored by the STATE.
The STATE shall:
A. Review program services and reports, including but not limited to Gantt
Progress Charts, reports to the Legislature, and other documents submitted
to the STATE, and issues applicable to the services provided.
Exhibit "A"
Page 8
B. Review, amend, and approve budget and budget revisions, if the STATE
deems appropriate; review invoice and expenditure reports.
C. Review major program service areas, such as staff qualifications,
organization and effectiveness; Gantt chart planning, implementation, and
evaluation; collaboration efforts; file maintenance and record keeping; and
safety; transportation and other liability issues; and consumer satisfaction.
D. Conduct periodic site visits, both scheduled and unscheduled.
VII. Conditions for Extension of Agreement
Pending availability of funds and the satisfactory performance of services as
determined by the STATE, this Agreement may be extended for up to an
additional 12 months at the discretion of the STATE.
Exhibit "A"
Page 9
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
TWENTY SEVEN THOUSAND AND NO/l00 dollars ($27,000.00) 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. The 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 incurred 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. ]f 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, afrer payment of the last
installment prior to final payment in final settlement, investigation and
examination reveal additional expenditures that aze 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 determination 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 performance 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- ] 22).
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 "l", page 2 and made a part hereof (i.e., Salaries,
Airfare, Contractual Services, Depreciation, 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 are 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 any of 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
are 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 FORM IS DELETED
~ AND INOPERATIVE .
~ '
STANDARDS OF CONDUCT DECLARATION
For the purposes of this. declaration:. ~ '
"Agency" means and'includes the State, the ]egislatwe and ifs committees, all.' ,
executive.departments, tioazds; commissions, committees; bweaus, tiffices;:aa '
all independent commissions and other. establishments of the~state govemm but •
excluding the courts: ~ _ .
"Controlling interest"means an interest in a business or otbei and ' g which
• is sufficient in fact to control, whether. the interest is greater or less ,fifty pee . , ~ •
. cent (50%). , -
.'.'Employee" means any nominated; appointed, or elected offic tir employtx of .
• the State, including menibers`ofboazds, commissions, and rriinitt'ees, and•• .
employees under coatracf io. the State or'of the consUtuti 'al cbrivention,~bitt
excludinglegislators, delegates to. the constitutional co ention; justices, tiad • . • .
judges:: (Section 843,~ID2S). ~ •
On behalfof ROVJDER, the.undersigned does' .
. declare as follows: ~ ~
l:. PROVIDER: l7 is~ ? is not a legislator ari employee or a business in which a:
legislator or an employee has a control ' interests (Seciion'84I5(a), HI2Sj:
2. PROVIDER has not been represent or assisted personally in the matter by as
, individual who has been an.empl ee of the agency awarding t}iis Contract within we
preceding.two years and w1io. p 'cipated while so employed in the mattertvitlr wtlich tha.. •
Contract is drrectly concerne . (Section 84-IS(b), HI2.S)., . .
• 3. PROVIDER has notbee assisted or represented by a. legislator or employee for a fee or
other compensation to, fain this Contract and will not be assisted or represented by a -
]egislator or employ :for a fee or other. compensation in the perfoimarice of this ' '
Contract, if the ]e slator or employee had been involved in the development or•award:of
...the Contract. ( coon 8414 (d), IiRS).
4. PROVID has not been represented on smatters related`to this Contract, for a fee or
other co tdeiation by an individual wlio, within the past twelve (12) months, has been an: •
agene employee, or in the case of the Legislature, a legislator, and parii+;ipated while tan
em ogee or legislator on matters related to this Contract. (Sections $4] 8(b)' and~(c),
rriinder to a en : If the "is" block is checked and if the Contract involves goods or services of a value in
cess of $10,000, the Contract may not be awarded uriless the agency,posts a notice of its intent to award it and
Exhibit "C"
$>»5_i Page 1 Revised 2104
M THIS FORM IS DELETED
~ ~ AND INOPERATIVE
• . behalf of the STATE. if this Contract was entered into in violation. of any provision of ehapt
8d, I~awaii Revised •S.iatvtes, commonly referred to. as the Code of Ethics, including the
provisions which are the source. of the declazationc above. Additionally, any fee, comp cation,
gib, of profit received by anyperson as a result of a violation of the. Code of Ethics m be `
recovered by the STATEN
DATED: Honolulu, Hawau; ,
• PROVIDER ~
• By
. ~ ~ {stgnafure) ~ .
Print Name ~ ~ .
. ~ Print title ~ _ '
. ~ Name o sovider ~ •
• ~ ~ ~ D c
81]75_]2 Revised ]/04
Exhibit "C"
GENERAL CONDITIONS '
1. Representations and Conditions Precedent
1.1 Agreement Subject to the Availability of State and Fedora Fund.
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 is 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 availabr7ity of
such federal funds. The portion of this Agreement that is to ~ funded
federally shall be deemed severable, and such federally funded por4ion
may be terminated without liabrlity to either the PROVIDER or the
STATE in the event-that federal funds are not available Ia 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 condition to the
formation of this Agreement, the PROVIDER makes. the representations
contained in this paragraph, and the STATE relics upon such representations
as a material inducement to entering into this Agreement.
1.2.1 Compliance with Laws. Aa of the date of this Agreement, the
PROVIDER complies with all federal, state, and county laws,
• ordinances, codes, rules, and regulations, as the same maybe amended
from time to time, that in any way affect the PROVIDER'a . .
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 Hiles
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 a~ way affect the PROVIDER'a.
performance of this Agreement, including but not limited to the. laws
specifically enumerated in this paragraph:
~IBIT 'D•
GENERAL CONDITIONS
page 1 r~ wos-t~tscteca~)
1.3.1 Smoking Poli{y,, The PROVIDER shall implement and maintain a
written, smoking polity 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 placx 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 and the Rehabilitation Acf
(20 U.S.C. §701. ~ sgq.):
1.3.4 Nondiscrimination. No person performing work under this Agreement,
including a~ subcontractor, employee, or-agent of the PROVIDER,
shall engage in any discrimination that is prohibited by a~ applicabk .
federal, state, or county law.
1.4 nsur The PROVIDER shall obtain, maintain, and. keep in force
throughout the period of this Agreement liability insurance (the "Liability
Insurance's issued by an insurance company in a combined amount of at least
ONE MILLION 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 air, is
incorporated herein by reference, for bodt7y 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 existencx of the necessary liability insurancx 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 performanot 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 poliq 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 Farm AO3-HHSOC(4/99)
r.
1S ~1otice 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 serviaa
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 te'rminatioA of this '
Agreement, and appropriate counseling.,
1.6 Reporting 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•expenditurea actually incurnd in
the performance of thin Agreement. The PROVIDER shall return air
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 am+ 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 a~ manner or degree with the PROVIDER'S
performance under this Agreement.
l,g Comvliance with Managed Process. If this Agreement was entered into
between July 20, 1998, sand July 1, 2001, and exunds beyond June 30, 2001,
it is subject to a single review pursuant to the managed process developed
pursuant to part III, section 6 of Ad 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.
Z, Qocuments and Files
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 without the prior written
approval of the STATE.
ERHIBIT "D'
GENERAL CONDITIONS-
- page 3 >:a~m AG3-FtF1SGC(a/99)
2.1:2 All information, data, or other material provided by the PROVIDER
to the STATE' shall be subject to We 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 Cornri¢ht. The STATE shall have complete ownership
of all material, both finished and un5nished that is developed, .prepared,.
assembled, or conceived by the PROVIDER pursuant to this Agreement, and
all such material shall be considered "works made fot 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 a~ product, concept, or material developed;. prepared,
assembled, or conceivcd 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 air cosCor 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 arisen, Wen such reoords
shall be retained for Wree (3) years from We date of final payment, or We
date of We resolution of We action, which ever occurs later. During the'
period Wat records are retained under this section, We PROVIDER and any
subcontractors shall allow We STATE flee and unrestricted- access to such
records.
3. Relatlonshb between Parties ~ .
3.1 Coordination of Services bx the STATE, The head of the purchasing agency,
(which term includes the designee of We head of the purchasing agency), shall
coordinate We services to be providcd by We PROVIDER is order to
complete the performance required in the Agreement. The PROVIDER shall
maintain communications wiW We head of We purchasing agency at all stages
of We PROVIDER'a work, and submit to We head of the purchasing agency
for resolution a~ questions which may arise as to We performance, of this
Agreement.
3.2 Subcontracts and Assignments. The PROVIDER may assign or subcontract
a~ of We PROVIDER'S duties, obligations, or interest under this
Agreement, but only.if (i) We PROVIDER obtains We prior written consent
of We STATE and (ii) We PROVIDER'S assignee or subcontractor submit
to We STATE a tax clearance certificate from We Director of Taxation, State
of Hawaii, showing Wat all delinquent taxes, if any, levied or acxrued under
138HIBIT 'D•
GENERAL CONDITIONS-
. Page 4 Farm A03-F1tiSGC(a/99)
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 Chan fe 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
Agenry Procurement Officer indicating such change of name such as an
amendment to the PROVIDER's articles of incorporation, enter into as
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 Wat no other. terms. and conditions of this
Agreement are thereby changed, unless the change of name amendment is
incorporated with a modi5cation or amendment to the Agreement onset
Section 4.1 of these general conditions.
3.4 ~ndenendent Contractor Status and Responsibilities. Including Tax
Respgnsibilities.
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 contras to provide services to other
individuals or entities whr7e under contras with the STATE.
3.43 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 any
vacation, sick leave, retirement, workers' compensation, unemployment
insurancx, or other benefits provided to state employees. Unless
S7CHIBIT 'D•
GENERAL CONDITIONS
Page S Fam ,+c3-t~tscct<~)
specifically authorized in writing by the DIRECTOR, the PROVIDER
and the PROVIDER'S employees and agents are not authorized to
spent on behalf and no statement or admission made by the
PROVIDER or the PROVIDER'S employees or agenb 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, volumtarfiy,
and knowingly assumes the sole. and entiro liabr7ity to the
PROVIDER'a 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 is 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) income 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 Hawaii, in accordanx with section
• 237-9, HRS, or its successor provision, and shall comply, with all
requuements thereof.' The PROVIDER shall obtain a tax clearanx.
certificate from the Director of Taxation, State of Hawaii, 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 thin 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, HR$, 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 Habi'h'tiea associated with
securing the insurance coverage.
SBHIBIT 'D•
GENERAL CONDITIONS
Page 6 Pam AG3-HH5C3C(a199)
3S Personnel Requirements.
3.5.1 The PROVIDER shall secure, at the PROVIDEit's awn 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 alI
applicable licensing and operating requirements imposed or required
under federal, state, or county law, and all applicable accreditation and
outer standards of quality generally accepted in the Seld 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. .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 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 oz condition of this
. Agreement shall be permitted.
4.1.3 Tax clearantx. 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 tan clearance
from the Director of Taxation, State of Hawaii, showing that all
delinquent taxes, if any, levied or accrued under state law against the
PROVIDER have been paid.
q.2 Termination in General. This Agreement may be terminated in whole or in
part foz a reduction in funds available to pay the PROVIDER, or when, is 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
HXHIBIT 'D'
GENERAL CONDITIONS
Page 7 Pam Aa3-riHSC3C(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 Necessity 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 We 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 tendered under
this Agreement up to We 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 wnsent 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 Right of Offset. The STATE may offset against air 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 air law or other
• obligation owed to We State of Hawaii by the PROVIDER, including but not
limited to We 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
current, and in compliance with, and not delinquent on, air payments,
obligations, or duties owed to the State of Hawaii under such payment or
other settlement plan.
S, Indemntflcatlon
S.1 Indemnification and Defense. The PROVIDER shall defend, indemnify, and
hold harmless the State of Hawaii, the contracting agency, and their officers,
EXH2BIT `D`
GENERATE CONDITIONS
Page 8 Pam ,+o3-tuasoC(a/~
Y
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 We STATE shall, 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 Prrovlslons
Y
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 &deral, state,
or county law.
6.2 bPu lici .'~,ny 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 Ac)mowled$ment of State Support. Subject to the limitations of .
Section 3.4.3 of Were General Conditions, the. PROVIDER shall, in
_ all news releases, public statements, announcements, broadcasts, .
posters, programs, computer postings, and older printed, published, or
. electronically disseminated materials relating to' We PROVIDER's
performance under this Agreement,- aclmowledge the support by the
State of Hawaii and We purchasing agency Wrough appropriations
made by We Legislature of.We State of Hawaii.
6.2.2 TLe PROVIDER shall not refer to We STATE, or any office, agency,
or officer Wereo>y or any State employee, including We head of the
pwchasing agency, We chief procurement officer, the DIRECTOR, the
Agenry procurement officer, or to We services or goods, or both,
provided under this Agreement, in any of the PROVIDER's publicity
not related to We 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 Farm A(33-HHSCrC(4~J)
63 Section Headin¢s. The section headings appearing in this Agreement have
been inserted for the purpose of convenience and ready teferencx. 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 materiaht
purchased in connection with this Agreement, except as to overcharges which
result from violations commencing after the price is established under this
Agreement and which are not passed on to the STATE under as escalation
clause.
• 6.5 Govemin( Law. The validity of this Agreement and any of its terms or
pro»sions, as well as the rights and duties of the' parties to this Agreement,
shall be governed by the laws of the State of Hawaii. A~ action at law or
in equity to enforce or interpret the provisions of this Agreement shall be
brought in a state court of wmpetent jurisdiction in Honolulu, Hawaii.
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 wntrol
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 wort, such invalidity or unenforceabilfty shall
not affect the validity or enforceability of the remaining terms of thin
Agreement.
6.9 Waiv The failure of the STATE to insist upon the strict compliance with
any term, provision, or wndition.of this Agreement shall not wnstitute or be
EXHIBIT 'D'
GENERAL CONDITIONS
Page 10 Form wa3-tatsc3ctaN9)
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 the 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
Page 11 Farm ACi3-[~iSC3C(N99)
Y
SPECIAL CONDITIONS
1. Deletion of Portions of Agreement. For purposes of the Agreement to which
this Exhibit E is attached, paragraph 5 of the Agreement, "Standards of Conduct
Declaration," 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 pazties:
a. Pazagraph 1.4
b. Paragraph 3.4.6
c. Paragraph 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 year 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 any 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 are 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-yeaz 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 regulaz three-yeaz 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
Attachment 1
Fiscal and Budget InTormation
Budget Budget Total
Period 1 Period 2
10/1 /OS - ] 0/1 /OS -
9/30/06 9/30/06
SOURCE
OF FUNDS
State General $27,000.00 $27,000.00
Funds
Federal Funds
(CFDA#)
Ad'ustment
TOTAL $27,000.00 $27,000.00
Page 1
I CONTRACT BUDGET
Budget Period FY 2005/2008 Orpanizatlon: HAWAII POLICE DEPARTMENT
Con4ail~# ~ -
Total Budget
CATEGORIES Budget for Program for contrail Commends
A. PERSONNEL COST
1 salaries 23,088.00
~ 2 Payroll Taxes 8 Assessments
~ 3 Fringe Beneflts
TOTAL PERSONNEL COST 23,088.00 O.OO
B. OTHER CURRENT EXPENSES
t supplies 1,000.00
2 Postage, Freight 8 Delivery
3 Telephone
4 Publicatlon 8 Printing
5 Mileage
' s Airfare 2,200.00
7 SubslstencelPer Diem 262.00
8 TaxUBus FarelRent-A-Car 450.00
9 LeaselRental of Space '
10 LeaselRental of Equipment
11 LeasalRental of Molor Vehlde
12 Utllitlea
13 Repair 8 Maintenance
14 Insurance
15 Independent Audit
~ 16 Contradual Servicea
17 Staff Training
" 18 Depredatlon
" 19
" 20
' 21
TOTAL OTHER CURRENT EXPENSES 3,912.00 0.00
TOTAL (A+B 27,000.00 0.00
For Official Use Only Budget Prepared By:
DET. I+N+1-,a cHeTA 12/20/2005
ion pe
o ~
na re of Prop m Reviewer Dale Signature of Aulhodzed Offidel DEC aL 2
LAWERENCE K. MAHUNA, POLICE CHIEF 20D5
Igoe ure o isce evrewer a e ame an ase or pnn
Form OYS-205 (rev. 7/17/97)
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Criteria for Identification of Gang Members & Risk Factors for Gang Membership
Revised 5/2005
Honolulu Police Department's DeTinition of a Gang:
A group of three or more persons who have a common identifying sign, symbol or name and
whose members individually or collectively engage in or have engaged in a pattern of criminal
activity creating an atmosphere of fear and intimidation within a community.
Honolulu Police Department's Hawaii Gana Member Trackin¢ System Criteria:
Of the following 12 conditions, applicability of at least 3 of the criteria is necessary to identify an
individual as a gang member.
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
Honolulu Police Department's DeTinition of a Gang Associate:
When there are strong indications that an individual has a close relationship with a gang but does
not fit the criteria for gang membership, the person shall be identified as a "Gang Associate"
Review of Risk Factors for Juvenile Delinquency and Youth Gang Involvement:
(Adapted from the OJ]DP Strategic Planning Tool, Institute for Intergovernmental Research, 2005)
In its Strategic Planning Tool for addressing gang behavior within communities, the OJJDP
identified the following research-based risk factors that may contribute to future gang behavior.
Individual (adolescent)
Few social ties (activities, popularity)
• General delinquency involvement*
• Drug dealing
• Physical violence/aggression*
Violent victimization
• Mental health problems
• Conduct disorders (authority conflict/rebellious/stubborn/disruptive/antisocial)*
• Illegal gun ownership/carrying
• Early dating*
• Precocious sexual activity*
• Antisocial/delinquent beliefs*
• Alcohol/drug use
• Depression
• Life stressors
Attachment 3
Page l
Family
. Poor parent-child relations/communication
. Antisocial parents
. Broken home/parent-child sepazation*
. Poverty/Low family socioeconomic status*
. Family history of problem behavior
. Delinquent siblings
• Having a young mother
. Low attachment to child*
. Poor parental supervision/control/monitoring/child management*
. Low parent education*
. Child maltreatment (abuse or neglect)*
. Family transitions (change in pazent figures)*
School
. School attitude/performance
Academic failure
. Low bonding/commitment to school*
. Truancy and dropping out of school
. Frequent school transitions
. Negative labeling by teachers (as either bad or disturbed)*
. Low academic aspirations*
. Low attachment to teachers*
. Low parent college expectations for child*
. Low math achievement test scores (males)*
Community
. Community laws and norms that tolerate crime
. Poverty*
. Community disorganization*
. Availability/use of drugs in neighborhood*
. Exposure to violence and racial prejudice
High-crime neighborhood*
. Availability of firearms*
Peer
. Antisocial peers
. Association with delinquent peers
. Association with aggressive peers
. Peer drug use
. Gang membership
* Risk factors for gang membership in long-term studies
Attachment 3
Page 2
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