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HomeMy WebLinkAboutRES 094 Draft 01 2010-2012 COUNTY OF HAWAII .•I STATE OF HAWAII RESOLUTION NO. 94 11 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII (RCUH), PURSUANT TO HRS 46 -7, TO DEVELOP A DRUG ABUSE MONITORING AND ASSESSMENT SYSTEM WHEREAS, discussions with representatives of Big Island Substance Abuse Counsel (BISAC), North Hawaii Outcomes Project and the University of Hawaii at Hilo, indicate that there is a need to develop a plan to systematically collect relevant data on an ongoing basis with which to mobilize resources and evaluate initiatives aimed at substance abuse intervention; and WHEREAS, there are funds remaining in the Community Oriented Policing Services (COPS) Methamphetamine grant, which is being administered by the Prosecutor's Office, to contract with the University of Hawaii at Hilo to develop such a plan as indicated above, and that will also assess where gaps or redundancies may exist, and create a framework for ongoing efforts to monitor trends in drug use and related disorders; and WHEREAS, the COPS Methamphetamine grant is set to end on August 31, 2011; and WHEREAS, the Research Corporation of the University of Hawaii (RCUH) shall establish a direct project account, provide personnel services, and provide operating, procurement and accounting services at the direction of and approval of the County; and WHEREAS, the project will cost $12,850 for all associated expenses and be conducted by the University of Hawaii Sociology Department; and WHEREAS, this system will enhance ongoing criminal justice and community -based strategies to address methamphetamine use, related behavioral health issues and the abuse of other drugs; and WHEREAS, Hawai'i Revised Statutes, Section 46 -7, requires that County departments obtain the consent of the council to enter into agreements with the Federal or State governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46 -7, Hawai'i Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, an agreement and related documents with the Research Corporation of the University of Hawaii (RCUH), to enable the County to execute the agreement, a draft of which is attached hereto and incorporated herein by reference as Exhibit « BE IT FINALLY RESOLVED that the County Clerk of the County of Hawai'i shall transmit copies of this resolution to the Office of the Mayor, Office of the Prosecuting Attorney, and the Finance Department. Dated at Hi 10, Hawai'i, this 7 th day of .Ttt 1 y , 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i BLAS X 1 FORD X I hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA County of Hawaii on J i l l y 7, 2011 X ONISHI X J PILAGO X ATTEST: SMART X Vat, K 'w YAGONG X - - YOSHIMOTO X _ 8 0 1 0 Reference: C- 250 /Waived FC COUNTY CLERK CHAIRPERSON & PRESID ' 0 ICER RESOLUTION NO. 94 11 DRAFT AGREEMENT BETWEEN THE COUNTY OF HAWAII AND THE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII This AGREEMENT, entered into this day of , 2011, by and between the County of Hawaii, hereinafter called COUNTY, and the Research Corporation of the University of Hawaii, hereinafter called RCUH. WITNESSETH THAT: Whereas, the COUNTY, through the Hawaii County Office of the Prosecuting Attorney, was awarded a Community Oriented Policing Services (COPS) Methamphetamine Initiative Grant by the U. S. Department of Justice, Office of Community Oriented Policing Services; and Whereas, the purpose of the project is to improve the Big Island Drug Court's efforts to more effectively intervene and engage the methamphetamine offender in a timely manner; and Whereas, it has been identified that there is need to develop a plan to systematically collect relevant data on an ongoing basis with which to mobilize resources and evaluate initiatives aimed at substance abuse intervention; and Whereas, pursuant to Chapter 307, Hawaii Revised Statutes, RCUH is authorized and able to provide these services to the COUNTY; and Whereas, the COUNTY wishes to engage the services of RCUH to provide the services detailed in the Scope of Services (exhibit A) for this grant project. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: COUNTY and RCUH agree to perform the respective duties, responsibilities and services as follows: A. RCUH shall establish a direct project account, provide personnel services, and provide operating, procurement, and accounting services at the direction of and with the approval of COUNTY. RCUH shall charge a 3.5% fee on Modified Total Direct Cost (MTDC) for providing these services on all cost that are processed by RCUH on behalf of COUNTY. RCUH may increase the fee for providing the above - mentioned services at the beginning of every RCUH fiscal year subject to negotiation and agreement with the Principal Investigator. The RCUH fiscal year begins on July 1 and runs through June 30 EXHIBIT "I" DRAFT B. RCUH shall ensure that all contracts entered into by RCUH with third parties, hereinafter called the Contracting Party, require the Contracting Party to: 1. Defend, indemnify and hold harmless COUNTY, and its officers, agents and employees, for any and all claims or demands for loss, liability or damages, including but not limited to claims for property damage, personal injury or death, by whomsoever brought, arising from any accident or incident connected with the acts and /or omissions of the Contracting Party's officers, agents and /or employees in the performance of the contract; 2. Reimburse COUNTY and its officers, agents and employees for all attorneys fees, costs, and expenses incurred in connection with the defense of any such claims; and 3. Have a force and effect, throughout the course of the Contracting Party's contract with RCUH, a minimum of commercial general liability insurance, workers' compensation insurance, automobile insurance, and any other applicable professional liability insurance. 4. Name COUNTY as an additional insured in all Insurance Policies. C. COUNTY has identified Marilyn Brown as the Principal Investigator for this project and she shall oversee, direct, and authorize the performance of the activities of this project, and ensure that sufficient funds are provided for conducting such activities. D. The Principal Investigator shall initiate all financial actions for this project which will be reviewed and approved by RCUH. E. RCUH will prepare monthly cost - reimbursable invoices and COUNTY will make prompt payment of these invoices no later than fifteen days upon receipt of these invoices. The COUNTY may disallow any expenditure billed by RCUH that was not previously authorized. II. Budget and Period of Agreement COUNTY will provide an authorized budget totaling $12,850 (see attachment) during the period of agreement, July 1 2011 through August 31 2011. III. Fiscal Reports RCUH will submit monthly Budget Status Reports to COUNTY and a final fiscal report within ninety (90) days following the termination of services. IV. Examination of Records RCUH agrees that COUNTY or any of its duly authorized representatives shall have access to and the right to examine and audit any directly pertinent books, documents, papers, and records of RCUH involving transactions related to this Agreement at any time up until three (3) years following completion of this contract. DRAFT V. Relationship of Parties No association, partnership or joint venture is created between COUNTY, RCUH, and the University of Hawaii by this Agreement. VI. Assignments Neither this Agreement nor any rights or obligations of either party shall be assigned or otherwise transferred by either party without the prior written consent of the other party. Nothing contained in or implied from this Agreement is intended to confer any rights or remedies upon any person or entity, other than the parties hereto and their successors in interest and permitted assignees, unless expressly stated herein to the contrary. VII. Changes and Modifications to the Agreement Any modification, alteration or change to this Agreement, including modification of the services to be performed or extension of time of performance, shall be made only by written amendments agree to and executed by the parties. VIII. Termination of Agreement Either party of this Agreement shall have the privilege, with or without cause, to cancel or annul this Agreement at any time upon written notice given thirty (30) days in advance of such termination. In the event of such termination, the total amount to be paid to RCUH shall be determined on the basis of the total work completed including but not limited to non - cancelable expenses prior to the time of such termination. IX. Force Majeure Neither party shall be liable for any unforeseeable event beyond its reasonable control not caused by the fault or negligence of such party, which causes such party to be unable to overcome by taking reasonable measures. In the event of the occurrence of such a force majeure event, the party unable to perform shall promptly notify the other party. It shall further use its best efforts to resume performance as quickly as possible and shall suspend performance only for such period of time as is necessary as a result of the force majeure event. X. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. Any action at law or in equity to enforce or interpret the provisions of this Agreement shall be brought in the Circuit Court of the First Circuit, State of Hawaii. Xl. This Agreement constitutes the entire agreement of the parties on the matters covered and supersedes any and all prior representations, understanding and agreements, oral or written, between the parties. DRAFT IN WITNESS WHEREOF, RCUH and COUNTY have executed this Agreement as of the date first above written and warrant that they are officially authorized to so execute for their respective parties to the contract. County of Hawaii By Date William P. Kenoi Its Mayor Research Corporation of the University of Hawaii By Date Gilbert Oshima Its Director of Finance Approval Recommended: Date Charlene Y. Iboshi Prosecuting Attorney, County of Hawaii Approved As To Form and Legality: Date Lincoln T. Ashida Corporation Counsel, County of Hawaii Drug Abuse Monitoring and Assessment System for Hawai`i County Submitted by: Marilyn Brown, Ph.D. Sociology Department University of Hawai`i at Hilo Hilo, HI 96720 (808) 933 -3184 For: The Office of the Prosecutor Hawai`i County Aupuni Center 655 Kilauea Avenue Hilo, HI 96720 "EXHIBIT A" Statement of the Problem Despite measures taken over the past decade to address substance abuse in Hawai`i County, the use of illegal drugs, pharmaceutical and alcohol abuse still represent a significant challenge to both law enforcement and community -based prevention and treatment initiatives. Substance abuse is also implicated in co- occurring behavioral health issues among adults and youth, posing another set of serious challenges to our County. Federal, State, and County agencies, joined by community -based organizations have deployed considerable resources to address substance abuse. Two notable examples have been the Hawai`i Meth Project and the Big Island Drug Court, with methamphetamine being a major focus of both initiatives. However, an accurate picture of trends in substance abuse and related disorders is missing. The lack of baseline data has made monitoring trends and evaluating the County's progress in addressing these issues impossible. The purpose of this project is to develop a plan to systematically collect relevant data on an ongoing basis, with which to mobilize resources and evaluate initiatives. The project will also assess where gaps or redundancies may exist in existing response systems and create a framework for ongoing efforts to monitor trends in drug use and related disorders. This collaborative research project with the University of Hawai`i at Hilo will develop a system to monitor and assess the prevalence of methamphetamine and other drug use in the County, as well as draw together information on related issues such as co- occurring disorders. This system is essential to ongoing efforts to enhance both criminal justice and community -based strategies to address methamphetamine use, related behavioral health issues (such as co- occurring disorders), and the abuse of other drugs (including alcohol). This inventory of data sources is the first step in developing a framework to monitor and assess existing and emergent trends in substance abuse and related behavioral health disorders. Data on many of these issues are collected by diverse government agencies, service providers, and other community -based organizations that are in contact with drug -using populations. Health care delivery systems, law enforcement, courts, child welfare, schools, and a range of other entities have developed data collection systems to a greater or lesser extent. Yet, even the data that are collected are infrequently brought together in a form that can be shared and utilized by the stakeholders. It is also the case that agencies' data collection protocols, of necessity, present merely one perspective on the problem of drug abuse, creating a need for `connecting the dots' in a way that will give decision - makers a broader picture. There is also a need to identify areas where useful data should be collected (e.g., population -based studies) but is infrequently gathered, or not being collected at all. Overview of the Project This project will be modeled on NIDA's Community Epidemiology Surveillance Networks (CESN). The CESN consist of multiagency work groups that employ public health methods to examine the nature and prevalence of drug abuse. These prevalence data can be used to understand existing problems as well as discover emergent drug issues. This information can provide the foundation for initiatives that are grounded in a realistic picture of drug abuse in various populations. Public health, law enforcement, and related resources can then be deployed more effectively to address drug abuse. The written plan developed for this project will: 1. Identify existing community -based indicators and their sources in the following sectors and agencies (as well as others that emerge in the course of the project): a. School -level data b. Hawaii's Intermediate Sanctions Interagency Committee c. SAMSHA, Treatment Episode Data d. DOH, Behavioral Health Data (Transformation Grant) e. Department of Transportation, Crash Data f. Arrest Data (HPD, Attorney General's Office /CPJA) g. DHS Child Welfare Services h. Hospital/community health systems data (via BEACON) i. University of Hawai`i (Center on the Family) j. Drug Enforcement Administration (purity and price data) k. Employment drug screening data (Clinical Laboratories /Diagnostic Laboratory Services) 2. Produce an inventory of existing sources of data from these diverse sources that can be drawn upon to assess the historic and current picture of drug abuse in Hawai`i County. 3. Identify and cultivate relationships with proposed data sharing partners, listing the contact information for the agency decision -maker in charge of data. 4. Make recommendations for gathering stakeholders together in order to identify a specific set of community -level indicators that can be tracked over time. 5. Make recommendations for data that are not being collected but which are crucial to the desired community -level indicators system. 6. Make recommendations for interagency MOU's that will be necessary for data sharing and the sustainability of the project over time. Timeline This project will commence June 15 and end August 1 with the final report due by August 15 Budget (Attached) The cost for this project will be $12,850.00, which includes salary for PI and a part -time student research assistant, as well as costs for local ground transportation and basic expenses such as copying and printing. Budget and Cost Proposal - COPS Drug Court Study Meth Trends SALARY AND WAGES Base Budget Salary Effort Request PI Summer Overload (six weeks) 1.5 mo @ 65,000 7222.22 $10,833.33 Student Research Assistant 500 1.5 mo $750.00 $11,583.33 FRINGE PI Summer Overload - 2.29% of salary $248.08 Student Research Assistant - 10% of wages $75.00 $323.08 TRAVEL Ground Transportation $300.00 Project Supplies Copies, printing $209.05 TOTAL DIRECT COSTS $12,415.41 INDIRECT COST (.035) $434.54 TOTAL COST $12,850.00