HomeMy WebLinkAboutCOM 0082.084 2004-2006 4oJNtV or M,~,i
Harry Kim Lawrence K. Mahuna
.Nnvar ~ Police Chief
•+r : _ r,,,~;~ Harry S. Kubojiri
1TE Oi•HPd~ Deputy Police Chief
County of Hawaii
November 7, 2006 POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720-3998
(808)935-3311 • Fax (808)961-8869
TO STACY K. RIGA, COUNCIL CHAIR AND COUNCIL MEMBERS
VIA O, CONTROLLER a,~/ ~7
C: c
..1~~..~----~'
FROM L NCE K. MAHUNA, POLICE CHIEF . ' rn
.
_ -ti -
SUBJECT NOTIFICATION OF GRANT AWARD ~
Compliance with Ordinance No. 06-79, Section 7(1)
w
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, Year 2
Amount of Grant: $32,000.00
Amount of County Match: None
County Revenue & Expenditures Acct 010-201-5219.34 & 3304.75
Grant Period: October 1, 2006 -September 30, 2007
Purpose of Grant: To provide a coordinated system where
community based-agencies and government
orgnaizations work together to address
youth gangs and the issue surrounding
these groups.
If final report required by grantor? yes
Notification Attached: yes
Comm. No, 2.$
Ref. To:
Ref. ~'at~--~_
LINDA LINGLE c o ~ H SHARON L. AGNEW
~ GOVERNOR ~s eeyl EXECUTNE DIRECTOR
- ~ Phone: (808) 587-5700
~ Fax: (808) 587-5734
+e.,
~.,,es~ -
STATE OF HAWAII ~
DEPARTMENT OF HUMAN SERVICES
OFFICE OF YOUTH SERVICES ~ ~,I
82D Mililani Street, Suite 817 _ i L
Honolulu, Hawaii 96813
October 31, 2006
Mr. Lawrence K. Mahuna
Chief of Police
Hawaii County Police Department (East)
349 Kapiolani Street
Hilo, Hawaii 96720
Dear Chief Mahuna:
Enclosed please find your executed copy of Supplemental Agreement No. 1 for Agreement
DHS-06-OYS-3085, between the Office of Youth Services and the County of Hawaii, Hawaii
Police Department (East).
Our Specialist assigned to work with you on this Agreement is Jessica Kim-Campuspos
who can be reached at 587-5724. 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,
Shazon L. Agne
Executive Director
SLA/jh
Enclosure
~ ~ O s M1
1 8D Y~
' STATE OF HAWAII
4
SUPPLEMENTAL CONTRACT NO. 1
TO CONTRACT DHS-06-OYS-3085
(Insert contract number or other idenli(ying information)
This Supplemental Contract No. 1 ,executed on the respective dates
indicated below, is effective as of September 30 2006 ,between the
Department of Human Services Office of Youth Services ,State of Hawaii
(/peen name ofsmte department, agency, board or commission)
("STATE"), by its Executive Director
Amen ride ofstwe offerer ezewtmg romraclJ
(hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee ("HOPA")),
whose address is 820 Mililani Street, Suite 817, Honolulu, Hawaii 96813 ,and
County of Hawaii Hawaii Police Department (East) ("CONTRACTOR"),
a government entity
(Imes rorpomtion, parmerrhip, joint venture, sole proprietorship. or when legal form of the COMRICTORJ
under the laws of the State of Hawaii ,whose business address and federal
and state taxpayer identification numbers are as follows: 25 Aupuni Street, Hilo, Hawaii 96720
State ID #300-16002 Federal ID #99-60000567
RECITALS
A. WHEREAS, the STATE and the CONTRACTOR entered into Contract
DHS-06-OYS-3085
(/risen contract number or whn ident Eying information)
dated October 1 2005 ,which was amended by Supplemental Contract No(s). N/A
dated N/A N/A (hereafter collectively referred to as "Contract whereby the
CONTRACTOR agreed to provide the goods or services, or both, described in the Contract; and
B. WHEREAS, the parties now desire to amend the Contract.
NOW, THEREFORE, the STATE and the CONTRACTOR mutually agree to
amend the Contract as follows: (Check Applicable box(es))
? Amend the SCOPE OF SERVICES according to the terms set forth in Attachment-Sl,
which is made a part of the Contract.
® Amend the COMPENSATION AND PAYMENT SCHEDULE according to the terms
set forth in Attachment-S2, which is made a part of the Contract.
® Amend the TIME OF PERFORMANCE according to the terms set forth in
Attachment-S3, which is made a part of the Contract.
? Amend the SPECIAL CONDITIONS according to the terms set forth in
Attachment-S6 SUPPLEMENTAL SPECIAL CONDITIONS, which is made a part of
the Contract.
A tax clearance certificate from the State of Hawaii ? is ®is not required to be
submitted to the STATE prior to commencing any performance under this Supplemental Contract.
A tax cleazance certificate from the Internal Revenue Service ? is ®is not required
to be submitted to the STATE prior to commencing any performance under this Supplemental Contract.
The entire Contract, as amended herein, shall remain in full force and effect.
1
_ IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on the dates
below, to be effective as of the date first above written.
STATE
1
rsi~rlaa,.e
Shazon L. A ew
(Frio( Name)
Executive Director
Office of Youth Services
lPrfm Tide) OCT 312006
(Dale)
CONTRACTOR
CORPORATE SEAL
(If available)
(Name ofConlsacror)
($ignaNK~
Harry S. Kubojiri
(Print Nome)
Deputy Police Chief '
(Pnnl7rdeJ
09/20/06
(Dare)
APPROVED AS TO FORM:
N/A-Certification attached
Deputy Attorney General
Evidence of authority of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR must be attached.
2
nr. nnc o-., n n cnnnc
IN WITNESS WHEREOFF, the parties hereto have caused this contract to be executed.
COUNTY OF HAWAII
By
HARRY KIM
(i IT'S MAYOR
APPROVED TO FORM AND LEGALITY:
Dip TYCorp ion o sel
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this ~"'rday of ~~~G~scl~trc/ , 2006, before me
personally appeared DIXIE KAETSU, to me personally known, who, being by me duly
sworn, did say that she is the Acting Mayor 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 the said County of Hawaii; that the foregoing instrument was
signed and sealed in behalf of the County of Hawaii by authority given to said Acting
Mayor of the County of Hawaii by Section 5-1.5 of the County Charter, County of
Hawaii (2000), as amended; and said DIXIE KAETSU acknowledged said instrument
to be the free act and deed of said County of Hawaii.
.tLCl.,('
I INIA M. TOLENTINO
tary Public, State of Hawaii
My commission expires: 4/22/2009
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' . CERTIFICATION OF CHAPTER 103F AGREEMEN'T' WHI~4: ~.r'`
NEW AGREEMENT IS SUBSTANTIALLY SIMII.ARTO PJtTOR AGItEEMEN'C,t•. .
The undersigned agency officer or employee declsaes:
• 1. ?he agency has had during the immediately preceding, year a Chapter 103F'egieemejtt: ;
• with the same recipient or provider,. the scopb 'of services and . other Germs -:and _ .
• conditions of which are substantially thrsame as those of the new'agreemertt;. ` : ` ' . ~
• • 2.. Tam not eunently aware of any:rcason why the new agreement should noc be ~criterefi
• into with'the provider or recipient, as the case may be:
3: Unles's deleted or modified. by thdearlicr,?greemerrt, sl):.of theGenertiLConditiortst::for.--:~ .
Healtli• and Human Services Contracu,.Fortn AG3-HHSGC (4[99 wall: t+pply _to the ; .
. new agree~netk. .
4. 'No new Special Conditions will.apply to the new agieemerit.. ~ ~ -
' S: TheScope of Services of the new agreement will not coniliet with or, vary.ariy.matpri~l'
. term, of'the proposal received from the.recipient or providorfor the agreerrierk.'•~::
• ~ b~''1'ha eailiet agrcement.was appioved a~,;to forni~~by.a 'deputy at?orney,: genera) or
' ' preapproved pursuant to tho-tcrms set forth in this IirtordcQartincntal Memorandgnj:"
DATED' Honolulu, HawaaS, . .
•
• ~ AGETlC11•: . De artment of Hu an Servi .
. By. _
( reifying Sipatutt) .
• Sharon L. egner . : ' .
• ~ (Arintot=7'Xfie;Name.~ofCenifYiaiSi&aore)
' ~ .:Exci:ui~l+e~171zecfoie' :;~y
• ~ ~ 1t3:'. OffiEe"Qf.'Yaufh:,Seviceb
(Fiileof~l~.l!?,~i~B Signadv~. • .
- Depaitmeat of $uman Sesvice~ ' r_.
. The 'completion of..~this. cenificafe iq .ciimplianti~•, ~,v~t1i~ AT)'ORNEY.GENE1ZAf,'S .
. .~~NjEpAltTMENTAL.IvII:MORANDUM NO. 1,999=05 consiitutes~apptovhl as tb t)ie.
t'orrrt of the attached contraetbx the Department of the Attorney Gcneial,without fuitTie;r
review:
Attachment - S2
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 FIFTY
NINE THOUSAND AND NO/100 dollars ($59,000.001 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 I and made a part hereof. The first payment shall be an advance
installment of approximately one-twelfth (I/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. If an amount of reported expenditures is preliminazily 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 fmal 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
to be made to the PROVIDER in final settlement of this Agreement. Final
Page I
Attachment - S2
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 Procwement Office, Chapter ] 03F, 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 Circulaz A-21, A-87
or A-122).
4. Budget Revisions. Budget revisions will be accepted on STATE forms up to thirty
(30) calendaz 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 and made a part hereof (i.e., Salaries,
Airfaze, Contractual Services, Depreciation, etc.).
d. Salary increases and any other expenditwes that require prior approval in
accordance with the State of Hawaii, State Procwement Office, Chapter ]03F,
HRS -Cost Principles, Pwchases of Health and Hwnan 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 expenditwe 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 Cwrent 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.
Page 2
Attachment - 52
7. Payments in Accordance with Chapter 40, HRS. All payments shall be made in
accordance with and subject to Chapter 40, Hawaii Revised Statutes.
Page 3
Attachment - S3
TIME OF PERFORMANCE
The period of this Agreement shall be from October 1, 2005 through Sentember 30,
2006, and shall be extended from October 1, 2006 through Sentember 30, 2007 unless
this Agreement is sooner terminated.
Page 1
TH..a FORM IS DELETED AND
INOPERATIVE
Attachment - S4
o r n~
. . STATE OF HAWAH
e
-
rl .CERTIFICATE OF EXEMPTION
`'''p°~~`c FROM CIVIL SERVICE
1. By Heads of Departments or Agencies as Delegated by the Director of the Depar ent of
Auman Resources Development ("DHRDa~!
Pursuant to a delegation of the authority by the Director of DHRD, I certi that the services to
be provided under this Contract, and the person(s) providing the services under t s Contract are exempt
from the civil service, pursuant to § 76-16, Hawaii Revised Statutes (HRS).
t5irnatue) (Dam)
Sharon L. Agnew
(Print Nane) ' '
Executive Director
(Printx Ti4)
"This pan of the form may be used by all department heads an there to whom the Director of DHRD has delegated
authority to certify § 71i-16, HRS, civil service exemptions. The s cific paragraph(a) of § 76-]6, HRS, upon which an
exemption is based should be noted in the conned file. NOTE: uthority to certify exemptions under §§7ti-]6(6x2), 7&
16(6)(12), and 7fi-](i(bxl5), HRS, has not been delegated; o y the Director of DHRD may certify §§7ti-16(6)(2), 76-
16(6)(12), and 76-16(6x15) exemptions.
2. By the Director of DHRD, St a of Hawaii.
I certify that the services o be provided under this Contract, and the person(s) providing the
services under this Contract ar xempt from the civil service, pursuant to §7ti-16, }iRS.
(Sipnatma) (Dam)
(Prim Name)
(Prim 7itk, if desiane< of lhp'Dvenor of D}OtD)
i
4 ~ TH' FORM IS DELETED
ANL INOPERATIVE
Ps,"' ; STATE OF HAWAII
r' CONTRACTOR'S
STANDARDS OF CONDUCT DECLARATION
For the purposes of this declaration:
"Agency" means and includes the State, the legislature and its committees, all executive
departments, boards, commissions, committees, bureaus, offices; and all indeprndrnt
commissions and other establishments of the state government but excluding the courts.
"Controlling interest" means an interest in a business or other undertaking which is suffici tin
fact to control, whether the interest is greater or less than fifty per crnt (50%).
"Employee" means any nominated, appointed, or elected officer or employee of a State,
including members of boards, commissions, and committees, and employees and contract to
the State or of the constitutional convention, but excluding legislators, d egates to the
constitutional convention, justices, and judges. (Section 84-3, HRS).
On behalf of NTRACTOR, the
undersigned does declare as follows:
1. CONTRACTOR ? is" ? is not a legislator or an employee or a bu ess in which a legislator
or an employee has a controlling interest. (Section 84-15(a), HRS).
2. CONTRACTOR has not been represented or assisted personal in the matter by an individual
who has been an employee of the agency awarding this Con ct within the preceding two years
and who participated while so employed in the matter th which the Contract is directly
concerned. (Secton 84-15(b), HRS).
3. CONTRACTOR has not been assisted or represrnte by a legislator or employee for a fee or
other compensation to obtain this Contract and wil of be assisted or represented by a legislator
or employee for a fee or other compensation in t performance of this Contract, if the legislator
or employee had been involved in the develop ent or award of the Contract. (Section 84-14 (d),
HRS).
4. CONTRACTOR has not been represent on matters related to this Contract, for a fee or other
consideration by an individual who, [thin the past twelve. (12) months, has been an agency
employee, or in the case of the Le ' ature, a legislator, and participated while an employee or
legislator on matters related to th' Contract. (Sections 84-18(b) and (c), HRS).
CONTRACTOR understands that the ontract to which this documrnt is attached is voidable on behalf
of the STATE if this Contract w entered into in violation of any provision of chapter 84, Hawaii
Revised Statutes, conunonly ref ed to as the Code of Ethics, including the provisions which are the
source of the declarations ab e. Additionally, any fee, compensation, gift, or profit received by any
person as a result of a viola ' n of the Code of Ethics maybe recovered by the STATE.
CONTRACTOR
By
rs~~
Print Name
_
Print Title
Name of Contractor
"Reminder to Aeencv~ If. the "is" block is checked and if the Contract involves goods or services of a value in excess of
$10,000, the Connact must be awarded by corrryetitive sealed bidding under section 103D-302, HRS, ar a comperitive sealed
proposal under section 103D-303, HRS. Otherwise, the Agency may not award the Contract unless it posts a notice df its intent
to award ii and files a copy of the notice with the State Ethics Commission. (Section 84-I5(a), HRS).
AG-O10 Rev 11/15/2005- 1 -
Attachment 1
Fiscal and Budget Informatitin
Budget Budget Total
Period 1 Period 2
10/1/05- 10/1/06- 10/1/05-
9l30/06 9!30/07 9!30!07
SOURCE
OF FUNDS
State General $27,000.00 $32,000.00 $59,000.00
Funds
Federal Funds
(CFDA#)
Ad'ustment
TOTAL $27,000.00 $32,000.00 $59,000.00
Page 1
• ~ CONTRACT BUDGET
Budget Period FY 2006-2007 Organiza0on: HAWAII POLICE DEPARTMENT
Contract#
Total Budget
CATEGORIES Budget for Program for Contract Commerds
A. PERSONNEL COST
` t salaries 24,620.00
` 2 Payroll Taxes 8 Assessments
' 3 Fringe Benefits
TOTAL PERSONNEL COST 24,620.00 0.00
B. OTHER CURRENT FJCPENSES
t supplies 1,500.00
2 Postage, Freight 8 Delivery
3 Telephone
4 Publipdon 8 PrinOng
5 Mileage
` s Airtare 4,800.00
7 Subsistenoe/Per Diem 480.00
8 TaxilBus FarelRent-A-Car 600.00
9 Lease/Rental of Space
10 LeaselRental of Equipment
11 Lease/Rental of Motor VehiGe
12 usnnes
13 Repair 8 Maintenance
14 Insurance
15 Independent Audit
' 16 Contractual Services
17 Staff Training
` 18 Depreciation
' 19
' 20
' 21
TOTAL OTHER CURRENT EXPENSES 7,380.00 0.00
TOTAL A+B 32,000.00 0.00
FDF Official Use Only Budget Prepared By:
DET.JOHN H. ANCHETA J/29I2OO6
ame ~ one ease ype
' IO~aU-U~,
Signature of P ra eviewer Date Signature of Authorized Official Date
IC yd (Y~ LAWERENCE K. MAHUNA, POLICE CHIEF
igna ure o sca r a e ame an It e ( ease type or pool
Form OYS-205 (rev. 7/17/97)