HomeMy WebLinkAboutCOM 0732.000 1996-1998 OMZY Or N,~
40.'~~ ' ~4
Stephen K. Yamashiro
Mayor
•
Sri of M~
i,...
Cnuu~t#g u~ ~tt£vtttt ,
OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT
50 Wailuku Drive • Hilo, Hawaii 96720-2484
Vf['T (808) 961-8379 • FAX (808) 961-8685
February 18, 1998
MEMORANDUM
TO: James Y. Arakaki, Chairman ,
Hawaii County Council ,
FROM: John Santangelo, Chairman
Hawaii County Housing Agency
SUBJECT: Resolution for the Hawaii Count Council
Housing Preservation Grant Program
The Office of Housing and Community Development (OHCD) has
submitted to the Hawaii County Housing Agency (HCHA) a
resolution authorizing the Mayor to execute and submit the 1998
preapplication and, if approved, all other related documents
necessary to process and implement the Housing Preservation Grant
application and program.
The HCHA has reviewed and approved the resolution at its meeting
of February 18, 1998. Accordingly, I am requesting that the
resolution be included on the Council agenda for action at its
March 6, 1998, meeting.
Encl .
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FEB 1 9 1998
icP.e t'. ;rats
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EQUAL HOUSING OPPORTUNITY
'AN EQUAL OPPORTUNITY EMPLOYER'
OMB Approval No. 0348-0Oa
APPLICATION FOR =DATE SUeNrTTEp i Applicant centmer
FEDERAL ASSISTAiVCE 99-6000567
1 TV PE OF $UBMI$$IGN: ~
] DATE RECEIVED By STATE State Appllca0on Identd,er
appLfebOn PreapplrCa Upn
i.JnShOCIipP ? nprst,,,c;,pn HI 860730103H HI 890222019H
a DATE RECEIVED dv FEDERAL aGENCV =ederal 'den hoer
I ~ Von-Cpnstruc•pn ^ Non~Consnucpan
5. APPLICANT ~NFORMA?ION
( Legal Vane Organ ¢a. anal Unrt
Count of Hawaii Government
ACCress give _rn ccur•ry, sra to and cm :ode; Vame and telephone 'tcmlJer of the person to f]e contacted on matters mvoW,nq
I ~h~s appl¢abCC tgna area ]ode)
50 Wailuku Drive Edwin S. Taira
~ Hilo, Hawaii 96720 (808) 961-8379
I
6. EMPLOYER IDENTIFICATION NUMBER IEINp. I. NPE OF APPtICAMT~ :enter dpprOprra fe rafter ,n DOxJ
9 9 - 6 0 0 0 5 6 7 A State N Independem Scnopl Dlst
8 County State Gon trClled Insmunon of Higher Learmnq
1. iVPE OF APPLICATION. C Municipal J Private 'Jnrver5lry
O Tpw nsnip R. Indian Tnhe
hew ? Connnuanpn ? Revi sicn E Interstate L Intlrvldual
F IntermumGpol M Prolrt Organ,zaucn
'f Revision, enter aporopnata etten sl ~n boxtesr ~ ~ G Speaal Dlstr¢t N Other ~Specl ty)
A Increase Award 9 Decrease award C Increase Dura hcn
D OeCredse Durd Vpn Other (spec h~,l 9. NAME OF FEDERAL AGENCV~
USDA-Rural Develo went
t0. CATALOG OF FEDERAL DOMESTIC 1 O ~ 4 3 3 I t. DESCRIPTIVE tITL'c OF APPLICANT'S PRGJECT.
ASSISTANCE NUMBER:
TITLE Rural Housing Preservation Grant Rural Housing Preservation Grant Program Funds
Pro ram will be used to provide financial assistance
to low and very low income rural homeowners to
.z AREAS AFFECTED ev PRGJECT c:rtas. ccunnes. ;rates. am / repair and rehabilitate their homes.
County of Hawaii, State of Hawaii
1]. PROPOSED PROJECT IR. CONGRE$StCNAL DISTRICTS OF
I Mart Date Ending Oa~e a Appbcant b ~ralect
Hawaii - 2nd District Cqunty wide-County of Hawaii
15. ESTIMATED FUNDING. t6 IS APPLICATION SUBJECT TO REVIEW dv STATE EXECUTIVE ORDEP t]ll] PROCE$ST
a Faderal ; p0 a rES THIS °R EAPct,CA TICN. gPP~_',CAT`ON WAS MADE AVAIUBLE TO THE
- 134, 594 STATE EYECh rvE ORCER t?372 PROCESS POR RE'dIEW ON
o acpucant 2 00 PATE
- ~ . Slate $ 00
o VO ~ c90GRA61 ~5 NC- ~Or. F~EO 9V c O '23%?
a _:,w~ 5 OD
I 13 , 459 ~ CR PFOGRAM SAS vCT SEEN SEL ECTEO 3v STnTE POP PEVIEW
I - -t ~ 3 00
' o. ,pr em IncUr^.e II~L; pp t: I$ THE APeUCANT DELINQUENT ON ANY -EDERAL DEBTT
~~s r 'r35 ariac^ 9n ~~c3rat on yo
• ~TAL I A 148,053 aD - I
'3 TO iME BEST OF My KNOWLEDGE >ND 3EL EF aLL CA"A 'N THIS >PPUCA"ION PREAPPLICA LICN ARE "RYE >NG CORRECT. THE DOCUMENT RAS SEEN DUL+
>UT~ORIZEO dv THE OOVERw NG 3GDV ]F "HC AP PI_CANT >ND '~E APPL'.CA NT WILL SOMPL'~ w:'y 'ME ='TACI'ED A$$U RANGES IF iNE A595iANCE I$ >wAPDED
I ~r_'eC Var'+e l' 4ul^'n: al ~rIN'e2rt II p r 'LwprnJr`e '-',mpe~
I Stephen K. Yamashiro I Mavor l (808)961-8211
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USDA•FmHA ? ~ oMe
No
oRS°s
ao°as
Form FmHA 1941}20 r
(Rev. I.92) REQUEST FOR ENVIRONMENTAL INFORMATION Name of Project
Preservation Grant _
Location
Item la. Has a Federal, State, or Local Environmental Impact Statement or Analysis been prepared for this project?
Yes BI No ? Copy attached as EXHIBIT I-A.
lb. If "No," provide the information requested in Instructions as EXHIBIT
Item 2. -The State Historic Preservation Officer (SHOP) has been provided a detailed project description and has been requested to submit
comments to the appropriate FmHA Office. ~~Yes ? No Date description submitted to SHPO
Item 3. ,Are any of the following land uses or environmental resources zither to be affected by the proposal or located within or adjacent to the
project site(s)? (Check appropriate bos for every item of the fa !/awing checklistj.
Yes No Unknown Yes No Unknown
1. Industrial.._ ? ? ~ I8. Beaches.................................................-......... ? ~ ?
2. Commercial ? C ® l9. Dunes ? ~
3. Residential ? ? i%1 20. Estuary.................................._........................ ? ® ~
1. Agricultural ? C XI 2l. Wetlands................_..-..............-..................._ ? ~
5. Grazing ? ~ ? 22. Floodplairs...................................................... ? '%I
6. Mining. Quarrying ? '%I ? 23. Wilderness ?
/designated nr proposed under the Wilderness
7. Forests ? ? ~ Acrl
24. Wild or Scenic River ?
g. Recreational ? ? r$I (proposed or designated under the Wild and J
ScertFc' Rivers Acr)
9. Transportation ? ? IX
25. Historical, Ale~teological Sites ? ? (X
(Listed on the Natrona! Register of Historic
I Parks ? ~ 'gl Places or which may he eligible for listing)
I L Hospitals ? ? 26. Critical Habitats......................_.................... ? ® ?
(ertdangrredlthreaterted species)
!2. Schools ? '81 27. Wildlife........................................................... ? n
13. Open spaces C C ~'i 28. Air Quati[y ? !X
I1. Aquifer Recharge Area ? ? $ 29. Solid Waste blanagement............................ ? ?
30. Energy Supplies ?
5. Steep Slopes ? ~
31. Natural Landmark....._..._.. _ ?
!Listed on ;V¢uonal Registry of Naru rat
6. Wildlife Refuge._ ? ~
Landmarks)
Shoreline.._...._ ? ~ 32. Coastal Barrizr Resources System............. ? ~ ?
tem .Are any facilities under your ownership, lease, or supervision to be utilized in the accomplishement of this project, either listed or
• under consideration for listing on the Environmental Protection Agency's Lis[ of Violating Facilities? C Yes ~ No
Signed: County of Hawai' i
(Date! (Applicant!
Stephen K. Yamashiro• Mayor
(Title)
Public npar[iny burden (or this collet Lion o/ in/orma NOn is estimated to avemye 10 to JO hours per reapome, including the Hma /or reviewmy m-
struetlons, seaxhing axis [ing data souxes, yatherinQ and moire [dining the data needed, and eompk tlnq and reviewing the collae HOn o/ in /ormatlon. Sand
comments regarding this burden ea fimata or any other mpec[ o/ lh4 col/ae Han o/ in/o rma HOn, mcludm wggestloru for reducing this burden, to DeparE
moot o/ Agriculture. C!e¢rance O/ricer, DrR,N, Room 404-W, Wmhingtan, D. C. 20250: and to the O//ice o/.Nanagement and Budge[. Papertuork Re~
disc HOn Projeel (OMB ,YO. 057500941. Wmhinaton, D. C._0507. P(eme DO .VOT RETL'R.Y this !arm to ei/her these addreues. Farruard to Fm HA
U.S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debarment end Suspension, 7 CFR Pert 3017, Section 3017.510, Participants' responsibilities.
The regulations were published as Part [V of the January 30, 1989, Federal Resister (pages
4722.4733). Copies of the regulations may be obtained by contacting the Department of
Agriculture agency offering the proposed covered transaction.
(BEFORE CONPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective primary participant certifies to the best of its knowledge and belief,
that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voLuntari ly excluded from covered transactions by any Federal
department or agency;
(b) have not within a three-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection ui th obtaining, attempting to obtain, or performing a public
(Federal, State or Local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) ere not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
(d) have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or Local) terminated for cause or
default.
(2) Yhere the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
County of Hawaii Rural Housing Preservation Grant
Organization Neme PR/Award Number or Project Name
Stephen K. Yamashiro, Mavor
Name and Title of Authorized Representative
Signature Date
1
Form AD~1047 (2/89)
i
INS,..JCTIONS FOR CERTIFICATION
1. By signing and submitting this form, [he prospective primary participant is providing the
certification set out an the reverse side in accordance with these instructions.
2. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this covered transaction. The
prospective participant shall submit an explanation of why it cannot provide the
certification set out on this farm. The cerci ficati on or explanation will be considered
in connection with the department or agency's determination whether to enter into this
transaction. Xowever, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction. If
it is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to ocher remedies available to the Federal
Government, the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the
department or agency to wham this proposal is submitted if ac any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of the"rules implementing
Executive Order 72549. You may contact the department or agency to which this proposal
is being submitted for assistance in obtaining a copy of those regulaticns.
6. The prospective primary participant agrees by submitting this form that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized
by the department or agency entering into [his transaction„
7. The prospective primary participant fur ih er agrees by submitting [his form that is wilt
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lauer Tier Covered Transactions," provided by the department or
agency entering into this covered transaction, without modification, in all Iower tier
covered transactions and in all solicitations for lower tier"covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is no[ debarred, suspended,
ineligible, or voluntarily excluded from Che covered transaction, unless i[ knows chat
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order [o render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph b of these instructions, if a
participant in a covered transaction knowingly enters into a Lauer tier covered
transaction wi ch a person who is suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available fo the
Federal Government, the department or agency may terminate this transaction tar cause or
default.
2
'U.S.GPo'1994~555~009I0302] Form AD'1D47 (2/89)
1
Form RD 400-I FORM APPROVES
(Rev. 9-96) UNITED STATES DEPARTMENT OF AGRICULTURE OMB No. 0575-0019
EQUAL OPPORTUNTI'Y AGREEMENT
This agreement, dated between
County of Hawaii
(herem called "Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant [o the rules and
regulations of the Secretary of Labor (herein called the `Secretary') issued under the authority of Executive Order 11246 as amended,
wimesseth:
In consideration of futancial assistance (whether by a loan, grant, loan guaranty, or other form of fmancial assistance) made or to be
made by [he USDA to Recipient, Recipient hereby agrees, if [he cash cost of construction work performed by Recipient or a construction
contract fmanced with such fmancial assistance exceeds $10,000 -unless exempted by rules, regulations or orders of [he Secretary of
Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965. ,
1. To incorporate or cause to be incorporated into any contract for construction work, or modification [hereof, subject [o the relevant
rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the
aid of such fmancial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or
national origin. The contractor will take affuma[ive action [o ensure that applicants are employed, and that employees are
treated during employment, without regard [o [heir race, color, religion, sex or natioral origin. Such action shall include, but
not be limited, to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
USDA setting forth the provisions of this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state [hat all
qualified applicants wIll receive consideration for employment without regard to race, color, religion, sex or national origin.
(c) The contractor will send [o each labor union or representative of workers with which he has a collective bazgaining agreement
or other contract or understanding, a notice, to be provided by the USDA, advising [he said labor union or workers' representative
of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations
and relevant orders of [he Secretary of Labor and of any prior authority which remain in effect.
(e) The contractor will famish all information and reports required by Executive Order 11246 of September 24, 1965, rules,
regulations, and orders, or pursuant [hereto, and will permit access to his books, records, and accounts by the USDA Civil
Rights Office of Direcror, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(f) In the even[ of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause or with
any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and [he
contractor may be declared ineligible for further Government Contracts or Federally Assisted construction contracts in accordance
with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the
Secretary of Labor, or as provided by Law.
(g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract
or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase order as the USDA may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided, however. that in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the USDA,
` the contractor may request [he United States to enter into such litigation to protect the interest of the United States.
Puhlir rrpnrrin,R Aurdrn Jar rhi.r rollenian f inJormorion v rsrtmorrd m av<mgr !0 minutes per response mdudmg rhr nmr Jor rerir,rinR imrruamn.c. searching enninR tiara snurrca.
,ROrhrrin,R and mainminrng rhr darn needed, and romplamg and rrvrovirtg rhr col/errion of information. Send commrnu regarding rhir Aurdrn emmarr nr am~ other utperr aJ rhea ~ oNemm~
r>f infnrmorinn. mrludin,R rvgg<snans Jnr nduring this Aurdrn. m Depanmrnr of ARriculrurr. Clearanrr Offerer. O/RM, AG Bot 7630. Wathingrna D C ?0250. Pour DO NOT RETURN
this/ono W this addresx. Fam~ard m rhr lxul USDA nffire nnh You art oar rrgmrrd m retpond rn rhu rallrrnan n/ink emotion unless n displayt a rurrenrly raLd OMB rnnrrnl numArr
RD 400-I (Rev. 9-96)
Position 6
f
To be bound by the provisions of th. .al Opportunity Clause in construction work med b Reci lent
} y p and paid for in whola~r
in part with the aid of such financial assistance.
3. To notify all prospective contractors to file the required 'Compliance Statement', Form RD 400-6, with their bids.
4. Form AD-425. Instructions to Contractors, will accompany the notice of award of the contract, Bid conditions for all nonexempt
Federal and Federally assisted construction contracts require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative
action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to
be considered responsible bidders and hence eligible for the award.
To assist and cooperate actively with USDA and the Secretary in obtaining the compliance of contractors and subcontractors with the
provisions of the Equal Opportunity Clause and the said rules, regulations, and orders, to obtain and furnish to USDA and the Secretary,
Form .AD-560, Certification of Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CC-257,
as required and such other information as they may require the supervision of such compliance, and to otherwise assist L'SDA in the
discharge of its primary responsibility for securing compliance.
6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive Order with
a contractor debarred from Government contracts or Federally assisted construction contracts pursuant to Part II, Subpart D, of such
Executive Order or to prior authority; and to cam out such sanctions and penalties for violation of the provisions of the Equal Opportunity
Clause as may be imposed upon contractors and subcontractors by USDA or the Secretary pursuant to such Subpart D.
7. That the Recipient fails or refuses to comply with these undertakings. USDA may take any and all of the following actions: (a) cancel,
terminate, or suspend said financial assistance in whole or in part; (b) refrain from extending any further assistance under the program
involved until satisfactory assurance of future compliance has been received from Recipient: and (c) refer the case to the Office of
Federal Contract Compliance Programs, U.S. Department of Labor.
Signed by the Recipient on the dace first written above.
County of Hawaii
Recipient Stephen K. Yamashiro Recipient
Mayor
(CORPORATE SEAL) Name of"Corporate Recipient
Attest: BY
' President
Secretary
' U.S.GPO'. t B96-]56515/20100
r
Posirion J ~ ~
USDA FORM APPROVED
Fotm RD -too-4 ASSURANCE AGREEMENT OMB No. 0575-OOtB
(Rev. 3-97) (Under Title VI, Civil Rights Act of 1964)
The County of Hawaii
(name of recipient)
25 AllDllnl Street Hilo Hawaii 9670
(address)
("Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will continue to
comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part ls, and Rural Housing Service. Rural
Business-Cooperative Service, Rural Utilities Service, or the Farm Service Agency, (hereafter known as [he "Agency") regulations
promulgated thereunder, 7 C.F.R. § L901202. In accordance with that Act and the regulations referred [o above, Recipient agrees that
in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is defined in 7
C.F.R. ~l4.2) no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination.
1. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other conveyance of
contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof.
2. Recipient shall:
(a) Keep such records and submit to the Government such timely, complete, and accurate information as the Government may
determine to be necessazy to ascertain our/my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of the Agency or the U.S. Department of Agriculture during normal business
hours to such books, records, accounts and other sources of information and its facilities as may be pertinent to ascertaining such
compliance.
(c) Make available to users, pazticipants, beneficiaries and other interested persons such information regarding the provisions
of this agreement and [he regulations, and in such manner as the Agency or the U.S. Depaztment of Agriculture finds necessazy
to inform such persons of the protection assured them against discrimination.
3. The obligations of [h[s agreement shall continue:
(a) As to any real property, including any structure, acquired or improved with the aid of [he Federal financial assistance, so
long as such real property is used for the purpose for which the Federal financial'assistance is made or for another purpose which
affords similar services or benefits, or for as long as [he Recipient retains ownership or possession of the property, whichever is
longer.
(b) As to any personal property acquired or improved with the aid of the Federal f nancial assistance, so long as Recipient
retains ownership or possession of the property.
(c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made.
4. Upon any breach or violation this agreement the Government may, at its option:
(a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project, service or
activity.
(b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United
States or [he State in which the breach or violation occurs.
Rights and remedies provided for under this agreement shall be cumulative.
[n witness whereof.- County of Hawai' i on this
(name of recipienr)
date has caused this agreement to be executed by its duly authorized officers and irs seal affixed hereto, or, if a natural person, has
hereunto axecuted this agreement.
Stephen K. Yamashiro Recipient
(SEAL)
Dare
Attest Mayor _
Tirle Title
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<n
FmHA Instruction 1944-N
Exhibit F-1
Guide For Completing Form FmHA 1940-20,
"Request for Environmental Information"
for a Preapplication for Housing Preservation Grant (HPG)
Introduction
The purpose of this guide is to simplify the HPG applicant's task in
completing Form FmHA 1940-20, "Request For Environmental Information."
The guide tailors the use of the form to the needs of the HPG program.
Applicants should first read the questions on the form and then use this
guide in preparing their responses.
Completion of Item 1b
Item lb of the form is completed whenever the applicant checks the "No"
block under item la.
Since financial assistance for an HPG has been defined by Farmers Home
Administration (FmHA) as a Class I action, the applicant need only provide
the following information when filing a preapplication. If further
information is required, the applicant will be so advised by the FmHA
office processing the preapplication. The following is a discussion on
how to respond to these six required parts.
1. Primay Beneficiaries .
For the purposes of determining the HPG proposal's environmental
impacts, the primary beneficiaries for an HPG will be the residents
of the dwellings to be repaired and/or rehabilitated. Therefore, the
applicant should briefly state the expected number and type of
dwellings that the proposal may assist and, in particular, all repair
and rehabilitation activities that are part of the proposal.
2. Area Description
(a) The applicant does not need to provide any description of the
specific dwellings co be repaired or rehabilitated. Most of these
are probably unknown at the time of preapplication submittal.
Therefore, a more general description should be provided of the
geographical area(s) in which the applicant's HPG program will
operate. The applicant must describe:
(1) The environmentally sensitive land uses within this
' geographical area(s) such as floodplains, wetlands, and coastal
areas;
(09-01-93) PN 212
FmHA Instruction 1944-1
Exhibit F-1
Page 2
(2) The presence within the geographical area(s) of all
environmental conditions such as excessive noise levels, radon
gas, inadequate water supply or sewage treatment, contaminatioc
from toxic, hazardous, or radioactive substances, seismic
conditions, a violation of an ambient air quality standard(s)
resulting from emissions from a major facility, or any other
health/safety hazards known to the applicant; and
(3) The potential for properties to be assisted by the
applicant's program to be located in or impacted by the
conditions described in paragraphs (1) and (2) of this section.
(b) For each box checked "Yes" in item 3, describe the nature of the
effect on the resource. If one or more of boxes 17 thru 22 is
checked "Yes" or "Unknown," contact FmHA for instructions relating to
the requirements for floodplains, wetlands, and the Costal Barrier
Resources System.
(c) In terms of maps and descriptive information, a map showing a
reasonable amount of detail, i.e., all roads, waterways, railroads,
airports, etc., must be provided that clearly delineates the
geographic area(s) to be served by the HPG program. Also, if the
applicant has plans to concentrate HPG funds in a particular area or
on a particular type of housing, associated general locations should
be highlighted on the map.
3. Public Reaction
(a) Describe any objections which have been made to the project.
(b) If a public hearing has been held, attach a copy of the
transcript or other official record of the hearing. If a public
hearing has not been held, certify to that effect.
(c) Indicate any other evidence of the communities awareness of the
project such as newspaper articles or public notification.
4. Mitigation Measures
Applicants will use this part to describe the mitigation measures
that will be considered and/or used should any dwellings to be
assisted be located within the environmentally sensitive or hazardous
areas described by the applicant in response to section 2 of this
exhibit.
'a -
FmHA Instruction 1944-N
Exhibit F-1
Page 3
5. Permits
Discuss the status of, and if available, attach any State, sub-State,
or local permits or permitting processes of an environmental nature
that will have to be complied with in the implementation of the HPG
program. There is no FmHA requirement that applicants apply for,
permits during the preapplication or application review process.
6. Other Federal Actions
Identify other federal programs or actions which are either related
to this project or located in the same geographical area(s) and for
which you are filing a preapplication, have recently received
approval, or are in the planning stages.
Completion of Item 2
Applicants must complete this item. Applicants must develop their
proposal as it relates to historic preservation in consultation with the
State Historical Preservation Officer (SHPO) and provide the SHPO with a
copy of their statement of activities and be prepared to discuss and
modify it to reflect the historic preservation requirements of the HPG
program. (For further information, please review §1944.673 of this
subpart and the Programmatic Memorandum of Agreement (FmHA Instruction
2000-FF) provided as part the HPG preapplication package.)
Completion of Item 3
Self-explanatory.
Completion of Item 4
The answer to this question will be known by the applicant since the
applicant would have been formally notified by the U.S. Environmental
Protection Agency if the applicant has been listed or is under
consideration for listing.
000
(09-OL-93) PN 212
~ .
FmHA Instruction 1944-N
Exhibit F-2
Guide: Grantee's Process for Identifying Properties
Requiring FmHA Environmental Assessments
I. Before beginning work on a particular dwelling, we (grantee) agree to
answer the following questions in accordance with the accompanying
guidelines:
A. Floodplains, Wetlands, and Costal Barrier Resources System
(CBRS)
1. Is the dwelling located in a 100-year floodplain?
The grantee will check the latest Federal Emergency Management
Ag-ncy (FEMA) Floodplain Insurance Rate Maps to determine if
the property is located in a 100-year floodplain. These maps
are provided by FEMA to each communitywhich has been mapped,
and may be reviewed at le,cal municipal or county governmental
offices. FEMA maps may be purchased from FEMA's Flood Map
Distribution Center by calling 1-800-333-1363. In addition,
Farmers Home Administration (FmHA) County Offices maintain an
unofficial set of the maps. If a community has not been
mapped, information regarding floodplains may be obtained from
the Soil Conservation Service (SCS), the U.S. Fish and
Wildlife Service, the U.S. Army Corps of Engineers, the U.S.
Geological Survey offices, or regional or State agencies
established for flood prevention purposes.
The grantee will check with the FmHA County Supervisor if a
dwelling appears to be in a questionable location. When
advised to do so by FrnHA or on^_ of the above agencies, the
grantee will obtain the services of a registered engineer or
appropriate environmental professional to make the floodplain
determination.
2. Is the dwelling located in a wetland?
The grantee will check with the local SCS office to determine
if the dwelling is located in a wetland protected by Executive
Order 11990, "Protection of Wetlands." When advised to do so
by SCS or FmHA, the grantee will obtain the services of an
appropriate environmental professional to make the wetland
determination.
(09-01-93) PN 212'
O
FmHA Instruction 1944-N
Exhibit F-2
Page 2
If the dwelling is located in a floodplain or a wetland, the
grantee will do no work on the dwelling until FmHA completes
an environmental assessment. The grantee will abide by the
decisions resulting from the assessment, including mitigation
measures or a decision to reject the dwelling for the Housing
Preservation Grant (HPG) program. The applicant will provide
the FmHA official performing the assessment a copy of the
proposed mitigation measures for properties located in
floodplains or wetlands submitted with Form FmHA 1940-20,
"Request for Environmental Information.".
3. Is the dwelling Located in the CBRS?
If the dwelling is located on or adjacent to a coast of the
United States or the Great Lakes, the grantee will check c~ith
the U.S. Fish and Wildlife Service to determine if the
property is part of the CBRS. FmHA County Offices servicing
coastal areas may also have CBRS maps.
If a dwelling is located within the CBRS, the dwelling is
ineligible for the HPG program.
B. Historic and Archaeological Properties
4. Does the dwelling or property have any historic or
archaeological value?
The grantee will develop in consultation with the State
Historic Preservation Officer (SHPO) a process to ensure full
compliance with the spirit and intent of FmHA Instruction
2000-FF. The process will take into account the national
historic preservation objectives set forth in Attachment L of
Exhibit A of FmHA Instruction 2000-FF, and will encourage the
rehabilitation of historic buildings in a manner that
realistically meets the needs of very low- and low-income
property owners while preserving the historic and
architectural character of such buildings.
The grantee will identify properties that are listed or
eligible for listing on the National Register of Historic
Places. This will be accomplished by evaluating the property
as set forth in Attachment 2 of Exhibit A of FmHA Instruction
2000-FF.
:p
FmHA Instruction 1944-N
Exhibit F-2
Page 3,
At a minimum, the grantee will contact the SHPO and request
comments when any of the following conditions occur:
(a) The dwelling proposed for rehabilitation and/or
repair is older than 50 years;
(b) Regardless of age, the property appears to have
significant historic and/or archaeological features,
including, but not Limited to:
(L) The dwelling appears to have unusual
architectural features which are not typically
found in the area;
(2) A graveyard or burial ground of any type is
known to be on the property;
(3) The property contains or is known to have
contained a significant number of artifacts such
as arrowheads, stone tools, etc.;
(4) The property is.located in or adjacent to a
currently listed historic district or site.
(c) Any other conditions agreed upon by the grantee and
SHPO under the terms of FmHArInstruction 2000-FF.
When planning the rehabilitation of a historic property
for a proposed recipient, the grantee will comply with
the Secretar~of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitatine
Historic Buildines to the extent practicable.
If, after consulting with SHPO, it is determined Che
Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitatiog Historic Buildines
cannot be reasonably met, or it is determined a historic
property will be adversely affected, the grantee will
furnish all necessary information and initiate formal
consultation to afford the Advisory Council on Historic
Freservation an opportunity to comment. Attachment 3 of
Exhibit A of FmHA Instruction 2000-FF provides
additional guidance on this subject.
(09-01-93) PN 212
>r
FmHA Instruction 1944-N
Exhibit F-2
Page 4
If at any time during renova[ion work one of the above
conditions mentioned in paragraphs (a) through (c) of
this section becomes apparent, the grantee will
immediately cease work on the property and contact the
SHPO and FmHA. The grantee will abide by the directions
of the SHPO and FmHA concerning further work on the
property.
C. Other Environmental Considerations
5. Does the property contain any areas where chemicals or
petroleum products are stored, disposed of, or appear to have
been released into the environment?
If the grantee discovers such a condition on the property, the
grantee will not remove or handle any•of these materials. The
grantee will immediately consult with the occupants/owners of
the dwelling regarding the situation and will contact FmHA
and, if appropriate, the local Health Department or
environmental regulatory agency for further guidance.
6. Are there adjacent land uses which now or in the future
present a potential detriment to the quality of the
environment of the subject property?
The grantee will do a thorough reconnaissance of the
surrounding area and determine if•there are: noise sources
(railroads, airports, industry, heavily traveled highways,
etc,); safety or sanitary problems; air pollution sources; or
severe deficiencies in services such as fire protection, crime
control, etc.
If any of the adverse environmental conditions noted in
paragraphs 5 and 6 of this section are discovered, the grantee
will do no work on the dwelling until FmHA has been consulted.
The grantee will abide by the decisions resulting from the
consultation and/or assessment, including mitigation measures
or a decision co reject the dwelling for the HPG program.
' J w
FmHA Instruction 1944-N
Exhibit F-2
Page 5
II. We (the grantee) will answer each of these questions on each property
considered for inclusion in the HPG program, and will document the
recipient file with our findings. If none of the questions are answered
"Yes;" we will document such in the recipient file and will proceed with
the repair/rehabilitation of the property as planned. We will monitor the
work being done to insure that all construction wastes are properly
disposed of. We will fully cooperate with and assist FmHA in the
preparation of any necessary environmental reviews on the property.
SUBMITTED BY:
County of Hawaii Mavor
Grantee Title
Signature Date
000
(09-01-93) PN 212
~ ,
OMB APPROVAL N0.
9000 - 0101
U.S. DEPARTMENT OF AGRICULTURE
CERTIFICATION REGARDING
DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS)
ALTERNATIVE I - FDR GRANTEES OTHER THAN INDIVIDUALS
This certification is required by the regulations implementing Sections 5151-5760 of the Drug-
Free workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq-), 7 CFR
Part 3017, Subpart F, Section 3077.600, Purpose. The regulations were published as Part 1I of
the January 31, 1989 Federal Resister (pages 4947.4952). Copies of the regulations may be
obtained by contacting the Department of Agriculture agency offering the grant.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
Alternative I
(A) The grantee certifies [hat it ui(l provide a drug-free workplace by:
(a) Publishing a statement notifying employees that [he unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) Establishing a drug-free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; end
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
the workplace;
(c) Making is a requirement xh at each employee to be engaged in the performance of the
grant be given a copy of the scatemen[ required by paragraph (a);
(d) Notifying Che employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will
• (1) Abide by the terms of the statement; and
form AD-1049 (Z/89)
~ ^ i
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in [he workplace no later than five days after such conviction;
(e) Notifying the agency within [en days after receiving notice under subparagraph (d)(2)
from an employee or oth Bruise receiving actual notice of such conviction;
(f) Taking one of the following actions, ui thin 30 days of receiving notice under subparagraph
(d)(2), with respect to any employee who is so convicted
(1) Taking appropriate personnel action against such an employee, up to and including
termination; ar
(2) Requiring such employee [o participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
(g) Making a good faith effort [o continue to maintain a drug free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The grantee shall insert in the space provided below the site(s) for the performance of cork
done in connection with the specific grant.
Place of Performance (Street address, city, county, Slate, zip code)
County of Hawaii Rural Housine PreGervat;on rI371t
Organization Name PR/Award Number or Project Name
&tephen K. Yamashiro Mavor
Name and Title of Authorized Representative
Signature Date
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submit[i ng this form, the grantee is providing [he certification set out on
pages 1 and 2-
2. The certification set out on pages 1 and 2 is a material representation of fact upon which
reliance was placed when the agency determined to award the grant. If it is later determined that
the grantee knowingly rendered a false certification, or otherwise violates the requirements of
• the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the
Federal Government, may take action authorized under the Drug-Free Workplace Act.
2
Form AD-7049 (2/89)
'U.i. GPO: 1989-oi~-005.91529
~ O
U.S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower 'Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 7 CFR Part 3017, Section 3017510, Participants' responsibilities. The regulations were published
as Part IV of [he January 30, 1989, Federal Resister (pages 4722-4733). Copies of the regulations may be
obtained by contacting the Department of Agriculture agency with which this transaction originated.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, [hat neither it nor
its principals is presently debarred, suspended, proposed Cor debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where [he prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
County of Hawaii Rural Housine Preservation Grant
Organization Name PR/Award Number or Project Name
Stephen K. Yamashiro, Mayor '
?lame(s) and Title(s) of Authorized Representative(s)
Signature(s) Date
1
Form AD-L04S (1/92)
~ t
Instructions for Certification
1. By signing and submitting this form, [he prospective lower tier participant is providing the certification
set out on the reverse side in accordance with these instructions.
The certification in this clause is a material representation of fact upon which reliance was placed when
this transaction was entered into. [f i[ is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to [he Federal Government, the
department or agency with which [his transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submi[fed if at any time the prospective lower tier participant learas that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
J. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings se[ out in the Definitions and Coverage sections of rules implementing
Executive Order 12.49. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form [hat, should [he proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
5. The prnspecIive lower tier participant further agrees by submitting this form that i[ will include this
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower
Tier Covered T: ansnctions," without modification, in all lower tier coveredtransactions and in all solicitations
for lower tier cover^d !ransactions.
participant in a covered transaction may rely upon a certification of a prospective participant in a
a~~wer 'ter coverrd it°~nsaction that it is not debarred, suspended, ineligible, or. voluntarily excluded from the
covered transaction, unless it knows that [he certification is erroneous. A participant may decide the method
and trvquency by whim i[ determines [he eligibility of its principals. Each participant may, but is not required
tu, chec!c the Vonprocurement List.
3. Yothing contained in [he foregoing shall be construed to require establishment of a system of records
in order to reader in ~;nod faith the certification required by this clause. The knowledge and information of
a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
curse of hesiness dealings.
'L ~scept per rran~actions authorized under paragraph 5 of these instructions, if a participant in a covered
trnnuc!ion icnowinYly enters into a lower tier covered transaction wish a person who is suspended, debarred,
]neligible, or voluntarily excluded from participaCOn in this transaction, in addition to other remedies available
Cu !Se Fed~:nl Go~~ernmeni, the department or agency with which [his transaction originated may pursue
available remedies, :r.,:!r.diag suspension and, or debarment.
Form ~D-llktli (i/9?)
~u s wo. ose-rs~ r, vzai a-
~ ~
HOUSING PRESERVATION GRANT
Statement of Activities
Rural Development
(RD)
County of Hawaii
Office of Housing
and Community Development
50 Wailuku Drive
Hilo, Hawaii 96720
' 9
HOUSING PRESERVATION GRANT
(HPG)
1. STATEMENT OF ACTIVITIES
a. ~yge of and cond~t~ons for f~nanc~al agci aYanra or $
Housing Preservation Grant Program.
The County of Hawaii proposes to use the HPG funds to
implement and administer a zero percent (0°s) interest
and deferred payment loan program to eligible
households in rural areas throughout the County. Each
loan shall not be more than $15,000. HPG funds will be
used to remove or correct health and safety problems
and to make repairs that contribute to improved living
conditions, including improved accessibility for
handicapped persons.
b. Process of selecting rec;p;en fo HP a ~ an
determining housinq_greserva ion n d of h ~n~
ident;fy~ng potential environmental effects. Derformina
the necessary work and monitoring/insp ;ng work
Berformed.
In order to qualify for the program, applicants may not
have income exceeding the low income levels established
by HUD (see Exhibit A), must have occupied the dwelling
to be rehabilitated for at least one year prior to and
be the intended occupants of the dwelling after the
assistance and must have sufficient equity in the
property to cover the amount of the loan. In addition,
the dwelling must be located in a rural area, as
defined by Rural Development (RD), and be in need of
repair or enlarging to relieve overcrowding or to
address accessibility for the handicapped.
Outreach, preapplication screening, inspections,
qualifying applicants, evaluating bids, executing legal
documents, monitoring and inspecting work performed and
writing reports to RD, drawing down funds, keeping
accounts and submitting quarterly reports will be
performed by the Hawaii County Economic Opportunity
Statement of Activities 1 OHCD/6007C/1-12-98
o,
Council (HCEOC), an organization selected by the OHCD.
Privately contracted building inspectors may perform
construction progress inspections. County Building
Division of Public Works Department may perform Final
Inspections if necessary.
To leverage HPG funds, County funds will be made
available to eligible participants. In addition, loans
may be used in conjunction with other loan programs or
with private funds. Community Development Block Grant
funds may be made available to the program.
The loan will be secured by a second mortgage on the
property, which will be due and payable upon transfer
of title, sale, foreclosure or condemnation.
c. Ident;fy~ng environmental imyLa~t~
An RD environmental review will be conducted if units
to be rehabilitated are located in a floodplain or
wetland or the proposed work is, not agreed to by the
Advisory Council on Historic Preservation under the
requirements of Section 1944.673. Whenever major
repairs are requested on structures more than 50 years
old, an evaluation for historical significance with the
State Historic Preservation Division of the Department
of Land and Natural Resources will be required.
d. Deve opment standards used for the housing oreservar;nn
work.
The Uniform Building Code (UBC), as amended, and the
Housing Quality Standards, utilized by HUD's Section 8
program, will be the primary determinants of eligible
repairs. A11 repairs must comply with adopted UBC,
which is subject to the amendments in the Hawaii
County Code. Repairs that improve general living
conditions but do not contribute to the health and
safety of occupants may not exceed 20 percent (20%) of
the total loan.
Statement of Activities 2 OHCD/6007C/1-12-98
Q
e. Time schedule for comnl ;ng the g~gram.
It is projected that the program can be completed
within two years from the date the grant agreement is
executed. The past HPG programs has had a steady
stream of applicants during the past twelve months and
program applicants have had much less of a problem with
obtaining contractors interested in small jobs than was
the case in the past. A slowdown in construction in
the County has made small projects like HPG more
attractive to contractors. Moreover, 14 different
contractors now have had experience with HPG projects.
f. Staff;ng~~guired to complete the 8rggram.
The OHCD has over 8 years experience with the HPG
program. Since 1993, the OHCD has published a Request
for Proposals (RFP) and has selected an organization to
provide outreach, preapplication screening, monitoring
and inspections, as well as qualifying applicants,
assist applicants to evaluate bids, draw up and
coordinate the execution of contracts and legal
documents and write reports to RD. In 1996 the OHCD
selected the HCEOC to administer the HPG program for
the next three years based on a multi-year contract.
The County is currently in the third year of the multi-
year contract. The OHCD will continue to monitor the
HCEOC to ensure that they comply with the HPG program
rules and regulations. The OHCD will continue to
drawdown funds and keep track of accounts.
g. Estimated number of very low and low income minority
and non-minority to be assisted with HPG funds.
It is estimated this grant will be capable of assisting
eight to ten low- or very low-income households, of
which more than half will be of minority status. Based
upon a family size of four this would amount to
assistance for 32 to 40 persons, more than half of whom
will most likely be of minority status.
' Statement of Activities 3 OHCD/6007C/1-12-98
~ }
h. Geggranh~cal ar a o b v d by the HPG Program,
The program will take place in all eligible areas of
the County of Hawaii, which includes the entire island
except for the Hilo town area. (See Exhibit B)
i. Annual estimated budget (S xh~b~r
The proposed Budget of $134,594 includes $134,594 from
RD and $13,459 of matching funds from the County of
Hawaii.
j. Description of the accounting system.
The accrual system of accounting in accordance with
generally accepted accounting procedures and practices,
will be utilized for the HPG program.
k. Method of val,a ion o b , d o d rm~n h
effectiveness of the grogram.
The closing summary of the expenditure of funds and
program activities at the termination of the grant
agreement, which compares the goals with actual
outcomes will be completed.
1. Sources and estimated amounts of other financial
resources to be obtained and used by the agg~~cant for
HPG activities.
The County funds ($13,459) is available for the
implementation of this program. In addition, HPG loans
may also be used in conjunction with private funds or
other loan programs. Community Development Block Grant
funding may also be available.
m. Use of grogram income.
Program income received during the grant period is used
in accordance with the requirements of the HPG program.
No more than 20 percent (20%) is allocated for
' administrative costs. The remainder is used for
construction.
Statement of Activities 4 OHCD/6007C/1-12-98
When a HPG loan is paid off, the Mortgage will be
released, the Promissory Note will be certified as
"Paid Off" and the funds will be deposited into the HPG
account. Program income is tracked separately from
current grant period funding. These funds are drawn
whenever enough funds have accumulated to take care of
the qualified applicant next in line for a loan. Final
report on a specific grant period is not held up by
these revolving funds.
n. Plan for d~spos~t~on of any security in m n h 1r7
by the applicant as a r it of ~ H a ~v~ ~P ,n
the event of its loss of legal atatuG.
The OHCD will turn over the proportionate share of the
security instruments loaned with the RD funds to the RD
or another eligible entity to use for the same housing
rehabilitation purposes, as necessary.
o. Any other ~nformat~on to explain the pronoaP H
program.
N/A
p. Outreach efforts outlined in 1944.671 (bl.
In addition to the broad base of low income population
reached, community organizations will be contacted and
the program will be publicized through local newspapers
and radio. Application forms will include the
nondiscrimination slogan.
2. Complete information about the applicant's experience and
capa ~ y to carry out the objectives of the p~posed HPG
program.
The County has over 8 years experience with the HPG program.
The OHCD has administered the HPG program from 1988 to 1992
and has monitored HCEOC which was selected to administer the
HPG program from 1993 to 1998.
3. applicant's leg~1 existence - See extract from the Hawaii
County Code, Exhibit D and Exhibit D-1 legal existence of
HCEOC.
Statement of Activities 5 OHCD/6007C/1-12-98
S
4. Audited statement for a 8r;vate non-g ~f;r n ;
See attached Exhibit E, audited statement for HCEOC.
5. Narrative statement about the area to be served and hP n d
for ;mDroved housing. including 8ercentage and a r>>a1 numb r
~f low-;n om and how-in om m;nor; y ho ho1r3 and
substandard housincx, the need for the tyge of ho sang
p~eserva ;on a ; an e b ing p~po d h an ; ;na A ,s
of HP , o ~ or h; o ; g,~8er ; s h m hod of
evaluation to be used by the angl; an ;n ~ararm;n;ng the
e ;v n o ; or s.
At the time of the 1990 Census Hawaii County had: the
lowest per capita income (Hawai'i County: $14,969 versus
State: $18,379) and the highest rate of families below
poverty level (Hawai'i County: 10.9% versus State: 6%) of
the four counties; 22% of the State's food stamp recipients,
although only 11% of the State population: twice the State
rate of people on welfare assistance. The poorest and most
rural of all four Counties in the State of Hawaii is
experiencing further economic distress because of the loss
of over 1,000 jobs County-wide with the demise of the sugar
industry. Job loss is further exacerbating families'
ability to cope with home maintenance and repairs.
Hawaii County's economically disadvantaged are living in
old dilapidated/crowded housing or new, but woefully
incomplete structures.
The 1990 Census shows 10.8% of the housing in Hawaii County
was built before 1939 versus 6.7% in the State. Most of the
old houses are concentrated in Hamakua where the closing of
2 sugar plantations has meant the loss of over 600 jobs.
3.6% of housing in Hawaii County lacks complete plumbing
facilities and 3.4% lacks complete kitchen facilities.
These are double the State rates. Most of the incomplete
structures are in the Puna district, which attracts the poor
from throughout the State and elsewhere with its low land
prices.
According to 1990 Census 54.9% of Hawaii County is made up
Statement of Activities 6 OHCD/6007C/1-12-98
~ .
of minorities. HPG assistance has always served a
percentage of minorities larger than this.
Very high rainfall and insect damage are the most common
causes of residential deterioration in the county. If the
roof is not repaired, very highly acidic rainfall due to
ongoing volcanic eruptions beginning in 1983, rapidly causes
more serious and expensive damage to the structure. The
former Hamakua Sugar plantation houses are in need of
substantial attention to preserve over 400 units occupied by
low income families. The 1990 Census reported 848 homes in
Puna lacked complete plumbing; 659 lacked complete kitchen
facilities. In West Hawaii high housing cost continues to
force the least able to live in dilapidated and overcrowded
conditions.
While Hawaii County is the poorest and most rural part of
the State, it is also the County with the highest rate of
home ownership, which makes it well-suited for the HPG
program. 61.1°s County-wide are homeowners; nearly 72a of
housing units in Puna are owner-occupied. Home ownership
have jump dramatically in the Hamakua district when title to
over 400 former Hamakua Sugar Company residences was turned
over to former employees and pensioners.
The State Historic Preservation Office of the Department of
Land and Natural Resources will be consulted to identify
units that may have historic significance. For any structure
constructed in 1948 or before, SHPO will be provided date of
construction, photos, Tax Map Key number and a description
of the proposed repairs. SHPO and the County will jointly
evaluate buildings which are eligible and assess the degree
to which the Secretary of the Interior's standards will
apply. For Hamakua and all instances of rehabilitation of
older homes historic preservation rules will be interpreted
reasonably and realistically so as not to burden the low-
and very low-income homeowner with excessive costs.
The lead paint hazard and the possibility of finding
asbestos in Hamakua plantation houses is reason for caution,
. but not delay, in the provision of housing assistance in
this district. The State Department of Health and
Occupational Safety and Health, County Housing and Building
Statement of Activities 7 OHCD/6007C/1-12-98
~ ,
Division of the Department of Public Works will be consulted
as appropriate and contractors will be informed about these
houses and any other projects that may have these
environmental hazards.
Quarterly performance reports will provide RD with an
evaluation of program effectiveness. Reports will include
what funds were used for administration and for preservation
activity; name, address and income of homeowners assisted;
total cost, list of repairs and amount financed by other
sources; results of environmental review and historic
preservation review processes as required a comparison of
actual accomplishments versus objectives for the period,
including the number of low and very-low income, minority
and nonminority persons assisted with HPG and the average
cost of assistance provided to each household; of objectives
were not met, an explanation of why and what step(s) will be
taken to ameliorate situation; objectives for the next
reporting period and a certification that final building
inspection reports for each HPG-assisted dwelling are on
file.
6. ComBonent for alleviating overcrowding.
The following standards will guide the determination of an
overcrowded situation. Following Section 8/HQS standards,
this will be interpreted generally to mean no more than 2
persons per bedroom except when the 2 are children of the
opposite sex and at least one of them is.an adolescent.
Number of bedrooms Ideal number of persons
0 2
1 2
2 4
3 6
4 8
5 10
Statement of Activities 8 OHCD/6007C/1-12-98
9 1
7. Other act;vities the applicant ;s engaged 'n and PxoerrG rn
continue. a statement as to any other fund;ng and wh hAr
~,ppl; can w; l l hav , f ; ; n f ,nd o a , nnr; nur~rl
operation of h o h a. ;v; ; a o a a h per;nrl of
the HPG grant agreement.
As the local government for the Island of Hawaii, the
County of Hawaii is empowered to carry out all activities
as described in the County Charter. The OHCD is responsible
for operation of the Section 8 Housing Assistance Payments
and the Community Development Block Grant programs as well
as the development of new and rehabilitation housing
projects. These federal programs and the County budget for
the coming year assure the continued operation of the OHCD
during the period of the HPG agreement.
8. Other information that specifically addresses the select;on
criteria in 1944.679.
1) The applicant's proposal expects to result in 800 of
HPG fund use to unit preservation.
2) The OHCD have over 9 years' experience successfully
managing and operating the HPG program.
The OHCD have over 8 years' experience managing and
operating programs to assist very low- and low-income
persons obtain housing assistance.
There are no unresolved audit or investigative findings
which might impair either organization with carrying
out the HPG program.
3) The proposed program will take place entirely within
rural areas.
4) The proposed program contains a component for
alleviating overcrowding as defined in 1944.656. See
#6 previous page.
Statement of Activities 9 OHCD/6007C/1-12-98
EXHIBIT C
1998 Rural Housing Preservation Grant Program
Proposed Two Year Budget
RD County Total
Rehab 8 to 10 homes $107,676 $13,459 $121,135
Admin. (OHCD & Non-Profit) $ 26.918 -0- 5 26.918
Total $134,594 $13,459 $148,053
Drawdown Schedule:
RD County Total
08/01/98 Initial Drawdown $23,554 $13,459 $37,013
12/01/98 Second Drawdown $37,013 -0- $37,013
04/01/99 Third Drawdown $37,013 -0- $37,013
08/01/99 Fourth Drawdown 537.014 -0- 537.014
Total $134,594 $13,459 $148,053
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EXHIBIT C
1998 Rural Housing Preservation Grant Program
Proposed Two Year Budget
RD County Total
Rehab 8 to 10 homes $107,676 $13,459 $121,135
Admin. (OHCD & Non-Profit) 5 26.918 -0- 5 26.918
Total $134,594 $13,459 $148,053
Drawdown Schedule:
RD County Total
08/01/98 Initial Drawdown $23,554 $13,459 $37,013
12/01/98 Second Drawdown $37,013 -0- $37,013
04/01/99 Third Drawdown $37,013 -0- $37,013
08/01/99 Fourth Drawdown 537,014 -0- 537,014
Total $134,594 $13,459 $148,053
THE HAWAII COUNTY CODE
1983
(Revised anal Republished 1995)
~ZY OF M
1-
~ • ~
G.' c.,~- \~'~~i
~ ~ ^ \v~I~~~~~
i
• ~
f ~ .
~ Y
trrE•OF Mph'``
A CODIFICATION OF THE GENERAL ORDL~IANCES
OF THE COUNTY OF HAWAII
STATE OF HAWAII
EXHIBIT D
§ 2-~ HAWAII COU*tTY CODE ,
Section 2-5. Lzspections; charges for overtime.
(a) When an applicant requests that an inspection be made, other than during normal working hours a ~
a Saturday, Sunday, or legal holiday, the applicant shall bear the cost of such inspection shall pay
the cost to the County, prior to receiving final approval of the project. Mone realized shall be
credited to the proper accounts of the respective agencies to cover the cost ch overtime inspections.
Such moneys aze hereby appropriated and shall be expended for ~ tion cosu without further actio?
of the council.
(b) As used in this secIIOn:
(1) "Applicant" means any person reque a inspectional services from the County.
(2) "Cost" means the amount to azged by [he County for overtime inspection a[ the per hour rate,
including overhead sirative chazges, to be established by the chief engineer of the
department o c works, commensurate with the changes in salary and applicable fringe benefits
and o end expenses.
(c) "In on" shall include all inspections provided for by law.
C.C., c. art. 10, sec. 9; Am. 1978, Ord. No. 368, sec. 1.)
Article Z. Executive Branch.
Section 2-6. Office of the mayor. -
The office of the mayor shall be composed of the mayor, the managing director, and the safety coordi-
nator.
(1975 C.C., c. art. 1, sec. 2.)
Section 2-7. Organization of executive branch.
(a) The executive branch of the County is organized into the following agencies:
(1) Depamnents and heads under direct supervision of the mayor.
DEPARTMENT DEPARTMENT HEAD
(A) Corporation counsel Corporation counsel
(B) Department of finance Director of finance
(C) Planning department Planning director
(D) Department of reseazch and development Director of research
and development
(2) Departments and heads under duect supervision of the managing director.
DEPARTMENT DEPARTMENT HEAD
(A) Deparnment of public works Chief engineer
(B) Deparanent of parks and recreation Pazks and recreation director
(C) County band Bandmaster
(D) Fire department ..............................................Fire chief
(3) Departments and administrntive heads under commissions and administrative supervision of the
mayor.
DEPARTMENT ADNIPi
iLSTRATIVE HEAD
(A) Department of personnel service Director of personnel services
• (B) Police department Chief of police
(C) Department of liquor control Director, department
of tiquor control
(D) Department of water supply Manager
2-8
ADMINISTRATION § 2_']
- (E) Department of housing and
community development Housing administrator
(4) Agencies and administrative heads under administrative supervision of the mayor unless expressly
excepted therefrom:
AGENCY ADMINIST]tATIVE HEAD
(A) Civil defense Civil defense administrator
(B) Office on aging County executive on aging
(C) Hawaii redevelopment agency Manager
(1975 C.C., c. 2, att. 1, sec. 3; Am. 1989, Ord. No. 89-48, sec. 1.)
Section 2-8. Order of succession to office of mayor.
In the event of civil, military or natural disaster, during the temporary absence or disability of the mayor,
the managing director shall act as mayor. If the office of managing director is vacant, or during such periods
as the managing director is tmable to so act, the director of finance shall then act as mayor. If the office of
director of finance is vacant, or during such periods as the director of finance is unable to so act, then the
planning director, director of reseazch and development, director of personnel services and director, depamnent
of liquor control, shall succeed to the office of mayor in the order specified herein.
(1975 C.C., a 2, art. 1, sec. 4J
Article 3. Office of the Corporation Counsel.
Section 2-9. Settlement of claims.
The corporation counsel shall have the power to adjust, settle, compromise, or submit to orlon any
action, causes of action, accounu, debts, claims, demands, disputes, and matters in favor or against the
County, or in which the County is concerned as debtor or creditor, now existing or whit y hereafter arise,
not involving or requiring payment in excess of $1,500, provided the money to settle generally has been
appropriated and is available; and provided further that a quarterly report of all s ements shall be filed with
the council.
(1975 C.C., c. 2, art. 2, sec. 1.01; Am. 1975, Ord. No. 87, sec. 1.)
Section 2-10. Settlement of land acquisitions.
The corporation counsel shall have the power to adjus ompromise, settle, or submit to arbitration, any
land acquisition requesu referred to him by other Co agencies or eminent domain actions, causes of
eminent domain actions in favor of or against the C ty, or in which the County is concerned as purchaser,
seller, condemnor, or condemnee, now pendin or which may hereafter arise, not involving or requiring
payment in excess of $2,500, provided the ney to settle any matter generally has bcen appropriated and is
available; and provided further that a erly report of all settlemenu shall be filed with the council.
(1975 C.C., c. art. 2, sec. 1.02; .1975, Ord. No. 87, sec. 1J
'cle 3A. Office of the Prosecuting Attorney.
Section 2-10A. A ointment of personnel.
There steal e an office of the prosecuting attorney as provided by Charter. The prosecuting attorney may
appoint dep prosecuting attorneys and necessary staff, including investigators. The investigators shall have
' all of powers and privileges of a police officer for the County of Hawaii. The office of the prosecuting
alto ey shall adopt policies and standards for training and use of these powers consistent and in conformance
tth those adopted by the Hawaii County police department. All investigations relating [o the discharge of
2-9
ADML^7TSTR~TION '7 t
§ 6~
fact, or that the director had acted in an arbitrary or capricious manner, or had manif _
Lion.
1 ,
Article 13. County Housing Agency.
Section 2-66. Created; scope of authority.
An agency to be known as the Hawaii County housing agency is creaed to provide adequate housing
in the County as it deems necessary. The agency shall consist of all of the members of the council. When the
council acu as the Hawaii County housing agency, its role is limited to public housing policy formulation and
is not charged with the dudes of admir[istering housing programs.
(1975, Ord. No. 124, sec. 1.)
Section 2-67. Purpose.
The purpose of the agency is to make housing available in those areas of the County where the agency
fords [hat adequate housing accommodations are not available. In addition, the agency shall carry out the
purposes and powers given to the County by virtue of chapter 46, Hawaii Revised Statutes.
(1975, Ord. No. 124, sec. 1.)
Section 2-68. Powers.
The County housing agency shall have the foAowing powers subject to applicable limitarions of State
law:
(a) Authorize and issue bonds under chapters 47 and 49, HRS, to provide moneys to carry out the purposes
of [his article including the satisfaction of any guarantees [Wade by the County pursuant to this article;
(b) Appropriate moneys out of the County to carry out the purposes of this article;
(c) Obtain loans, insurance and guarantees from the State or the United Stazes, or subsidies from either;
(d) Acquire necessary land by dedication, lease, purchase, exchange, or eminent domain;
(e) Other powers as provided by section 46-15.1, HRS.
(1975, Ord. No. 124, sec. 1.)
Section 2-69. Housing administrator created.
There shall be a housing administrator who shall be appointed by the mayor and may be removed by
the mayor.
(1975, Ord. No. 124, sec. 1.)
Section 2-70. Powers of administrator.
In order to carry out the powers in section 2-68, the housing administrator may:
(a) Develop and construct dwelling uniu, alone or in partnership with developers;
(b) Provide assistance and aid to a public agency or person in developing and constructing new housing and
rehabilitating old housing for the elderly of low income, other persons of low income, and persons dis-
placed by any governmental action, by making long-term mortgage or interim construction loans
available;
(c) Contract with any eligible bidders to provide for construction of urgently needed housing for persons of
tow income;
(d) Enter into agreements with appropriate officials of any agency or instmmentaliry of the United States
in order to induce such official to make, insure or guarantee mortgage loans under the provisions of the
National Housing Act, as amended, with the approval of the County housing agency;
2-21
§ 2-70 HAWAri COtrrvTY Cone ~ ~
(e) Make a direct loan to any qualified buyer far the down payment required by a private tender to be made
by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential
property;
(f) Sell or lease completed dwelling units;
(g) Assist in the leasing of private and public dwellings;
(h) Acquire and utilize public and private lands for the purposes of this section;
(i) Provide interim construction loans to partnerships of which it is a partner and to developers whose
projects qualify for federally assisted project mortgage insurance, or other similar programs of Federal
assistance for persons of low income;
(j) Apply for and utilize Federal and State rental payment assistance funds;
(k) Provide County funds for rental payment assistance for privae and public dwellings;
(1) Adopt such rules pursuant to chapter 91, HRS, as are necessary to carry ou[ the purposes of this article.
(1975, Ord. No. 124, sec. 1.)
Section 2-71. Duties of adn,inictrator.
(a) The housing administrator shall have direct responsibility for the administration and operntion of the
County housing programs and shall be under the direct supervision and control of the mayor. The hous-
ing administrator shall have the authority and responsibility to staff the agency with necessary personnel
to carry out the purposes of the agency. It shall be [he duty of the housing administrator to coordinate
operations and programs of the County housing agency with the applicable housing plans and programs
of the State and Federal governments.
(b) All programs and contracts with the Federal government to carry out the purposes of the County housing
agency shall be prepared by the housing administrntor and transmitted to the council for approval.
(1975, Ord. No. 124, sec. 1.)
Section 2-72. Federal funds. y~,-~
If, in exercising any of its powers, the agency acquires funds from the Federal government, a separate
account for such funds shall be established and no commingling of such funds with other funds shall take
place.
(1975, Ord. No. 124, sec 1.)
Section 2-73. Signing of contracts.
All instruments and documents relating to the housing programs of the County housing agency shall be
signed by the mayor as authorized by the Charter and the council. Any and all contracts with the United States
Department of Housing and Urban Development shall be submitted to the agency for its approval and any such
contract shall be executed by the mayor as authorized by the Charter and the council.
(1975, Ord. No. 124, sec. 1.)
Section 2-74. Revolving fund created.
There is established a special revolving fund entitled the County housing program revolving fund to be
maintained by the director of finance.
(1975, Ord. No. 1?5, sec. 2.)
Section 2-75. Use of revolving fund.
The revolving fund shall be utilized to pay for items such as: (a) contractual services, housing surveys,
navel, supplies and materials, and other front-end costs related to the development of housing, and (b) [o exer-
cise the buy-back option conning in favor of the County contained in any conveyance document and [o pay
the costs of maintaining, repairing, renting, or reselling units purchased by the County pursuant thereto. Any
z-,~
i
.~1DFdYISTR.~TION 2.7j
interest earned by the fund and any advanced costs that are recovered from housing project funds shall be
- returned to the revolving fund.
(197, Ord. No. 12~, sec. 3; Am. 1993. Ord. No. 93-33, sec. l J
Section 2-75.1 Housing special funds.
(a) There are created and established housing special funds to be known as the:
(1) Kulaimano Elderly Rental Housing Special Fund.
(2) Ouli Ekahi Rental Housing Special Fund.
(b) All income generated from each rental housing project shall be deposi[ed into its respec[ive housing
special fund to be expended by the Housing Administraror solely for the operation, maintenance and
improvement of that particular rental housing project.
(c) The Housing Administrator shall be responsible for the administration of all housing special funds in
accordance with prescribed laws and procedures applicable to the expenditure of coun[y funds.
(1995, Ord. No. 95-149, sec. l.)
Article 14. Mass Transportation Agency.
Section 2-76. Creation. '
For the purpose of providing mass transportation service in the County whether directly, jointly, o nder
contract with private parties, an agency to be lmown as [he mass transportation agency is created ' order to
implement chapter 51 of [he Hawaii Revised Statutes.
(1975, Ord. No. 1~3, sec. 1.)
Secfion 2-77. Transportation coordinator created. -
There shall be a transportation coordinator who shall be appointed by the yor and removed by the
mayor. The position of transportation coordinator shall be exempt from the c tl service laws.
(1975, Ord. No. 1~3, sec. I.)
Section 2-78. Duties of transportation coordinator.
The transportation coordinator shall have direct responsi uy for the administration and operation of
County mass transportation service, whether such service is ovided directly, jointly, or under contract with
private parties. The transportation coordinator shalt be u er the direct supervision and control of the mayor
and shall have the authority to staff the agency wit necessary personnel to cam out the purposes of the
agency.
(1975, Ord. No. 153, sec. 1.)
'cle 15. Code of Ethics.
Section 2-79. Purpose.
(a) The purposes of this le are to:
(I) Prescribe stan ds of conduc[ for the guidance of County officers and employees;
(2) Prohibit ce 'n conduct involving County officers and employees; and
(3) Set fort the procedure for the interpreta[ion of ethics problems of County otficers and employees.
(1975 C.C., c. ,art. 3, sec. l.)
Sectio -80. Interpretation of article.
is article shall be Liberally construed to promo[e high standards of ethical conduct in County
a vernment.
9-5-96
J_J3
- ~ ~
OEP~RTMEFT CF RECULATC'nY rO:NCI'c5
STATE OF HAWAII
In the Matter of the Petition
For Charter
of
HAti'AII COUNTY CCONOMIC CPPORTUNIT'! CCU.4CIL )
CHARIER GF INCORPORATION
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
YOSHITC TANA Y.A
COUNTY aTT^v'~:'KY
COUNi'f OF hA'rl;~l I
CCU:lTY BUILOItIC, HI LO, HAWAII
- A7TCRA`_Y
EXHI9IT D-1
r
' G
DEPARTMENT OF RcGU.ATLRY rOG'~CI.S
STAT: OF HAWAII
In tl~.e Jla ct'er of the Petition
For Chart cr
of
HAWAII CGUNTY ECONOMIC OPPORTUNITY CGUNCIL
CNARTCR G~~ INCCRPCRATION
of
HAWAII COUNTY ECONOMIC OPPORTUNITY CGUNCIL
Knai+ ye, that: ui.ereas RALPH H. KIYOGA Y,I,
ROBER7 M. GTA, HLA-1 NE ORADSH AW, BENEDICT LUI KWAN,
FUMII:O IWAMASA and TADAO OK1~!lOTO, all bf whom are
residents of t;~e State of Hawaii, have made ap?lica-
tian to me, as Director of Regulatory Agencies, to
grant a Charter of Incorporation to them and their
associates;
NOtiJ, THERE FOR C, I, SIDNEY I. HAGHIMOTO,
Director of the Depavtment of Regulatory Agencies,
State of hlawaii, in the exercise of all power and
authority anywise enabling me to act in this behalf,
do hereby constitute the above-nae.ed.persons and their
associates a body corporate, and confer upon them t-~ie
following Charter:
CHART'cR OF I.\C^uRPCR~1TIGit
o''
HAWAII COUNTY ECG\CMIC CPPOR TUNITY CC Ui\CIL
I.
The name of t.`.e car?oration steal) ~e °H A'WAII
COUNTY ECGNCMIC GPPCRTUNIT'f CGUNCIL°.
II.
The location and initial principal office of
CLe corporation shall be at Councy 3uilding, 4JUnty er
Hawaii, 4ilo, hawaii; such principal office c.ay be
1.
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chanc_d frog. :ime to Line tp such other location in ';he
State o. Hawaii as the Board of Oira ctort shall depignata.
III.
The objects ant: purooces of the ca rporation shall
ue:
I. To actively solicit the coordination and
cooperation of all individuals, agencies and organi~a-
tions, bath Gcblic and private, i+ithin the County of
Hawaii, towards assi si:in9 those individuals and groups
who are below average eco nor..ic levels to attain an
ir,.p raved capability of financial earning.
2. 7o enlist ins erect an d•financi al support
from any and all sources to enSaSe in projects to cor..bat
poverty,
3, To cake, enter into and perform contracts
with any person, firm, aspociaticn, corporation, private,
public or municipal or body pcii~ci c.
4. To sponsor, contract far, or o?erate dnd
conduct activities such as remeci al and non-curricular
education, employment, job training, counseling, !'.ealth
and vocational rah auilitation, housing and home manage-
meet, welfare, research, training, and demonstration
activities, and such other activit-i cs as may Le related
tp any of the obj ec'cives herein.
j, To acquire by pur ci~.ase or ot!-.erwise, hold,
deal in and dispose of such personal property and, with
the consent of not less than three-fourths of the mem~ers
or the corporation, such real property as may Le necessary
or convenient f-or the purposes of the cor?oration.
j, To Sorrow r.:oneys •.,i th tl:e consent of not
• less than U,r ee-fourths aP tl~•e members of the corporation,
withou L- limit as to amount, to meet t:'~e operating ono other
expen5C5 Of the CO rpOrdtion and, from time Lo time, to
" ~
draw, .rake, accept, en.io rse, execute and issue Promissory
notes, ~lr of ts, tills of exchange, warrants, bonus, dco entures
and other negoti a::lc or non-negotiacle insCruments and
evic.ences of i~;dab tedness for a~Y pf the above purpcca„
aad to secure the payment of any thereof and of tLe interctt
thereon by mcrica~e or pledg°_, conveyance or assignment i::
trust of a~zy of the property of the ca rparation, and [o
sell or otherwise dispose of such bonds or other ablicationc
of the corporation far its corporate purposes.
IV.
The co rporaCion shall have all powers capable of
being vested in corporations not organised For profit under
the laws o° the State of Hawaii and shall l;e aut(:ori_xc to
engage in any activities, and do and perform any actt of
any nature wbatso ever that shall be proper, necessary or
convenient for the furtherance of the objects and PurFOSes
set forth in .lrticle III hereon.
V,
The duration of L-he corporation shall be perpetual.
V~,
The corporation shall conpl ete its or9ani_atian
wiChin thirty days aft ei- issuance of the Ciiart3r of
Incorporation.
Yit.
.lll oP the powers anc authority of the corpora-
tion s:rall be vested in ant may ~e exercised by the 3oard
of Oirecto rs except as limited by law, this Charter or the
6y-Laws, and, in furtherance and not in limil:acion of said
general powers, the P.o and of Oirecto rs shall have power,
acting always in accordance uith the 3y-Laws: to make
rules anG regulations not inconsistent ui th the 3y-Laws;
to create such cammi~tees of the 3oard of Oirectars e.• oP
J.
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the :.o rpor a'cion and to ::esi mace as mempers of such
committ ce. scch persons ac it shall determine and to
Ca m'cr uron cuch committees ouch powers and authority as
may 6t' resolu'cion be set forth ror tho ca riry ing on ar
exercising cf the purposes and posers of tha corporation;
ar.d generally to do any and avert' law Pul act necesoary
or proper to carry into eff act the powers, purrases and
objects cf the corporation, Said 0o and of ilirectars
shall consist or- ~n oc lass tha.~ oi:: (5) persons who shall
be qualified, nominated, elected and appointed as is
provided far in the"Gy-Laws. Until their successors
phall have been duly elected the initial directors of
the corporation and their business ar.d home addresses
are as follows:
0usiness Home
lame Address Address
Ralph H. Ki yes ski Uept. oi= Education 81 Apoki St.
480 waianuenne Ave. Hjlo, Hai+aii
Hilo, Hawaii
6enedict Lui Kwan State Employment Service
2Gb Naianupnue Ave. 225 Kapiolani St.
Hilo, Hawaii Hilo, Ha'.+aii
Elaine Grads:•.aw Univ, of Hai+aii Hon aunau
,.ztension Servic_ Nay+aii
Kainaliu, Kona
Robert M. Ota Univ, of Hawaii 135 Alae St.
Extension Service Hilo, Hawaii
Federal L'uilding
Ni lo, Hai~ai i
Fumiko luamasa Oept, of Social Services
12,38 'daianuenue Ave. 52 Puuoko St.
Hilo, Hawaii Hilo, Hawaii
Tadao Ckimo L'o County Auditor's Office
County 3uilding
Hilo, Hariaii Onomea, Hawaii
VIII,
The o~=ficors o' the eo r,ro ration mall consist of
such orficcr as droll he provi dcC for in t~ne oy-Lai+s and
their quolificationc, duties, powers, term o. orfi ce and
manner of appoinCmenc shall de as provi Lied for in the
3y-Laws. Any o~Fi ccs may 'oe created or abolished by the
By-La~.,c, provided that there shall always 6c a presideni,
a vice president, a secretary and a treasurer. The treasurer
may 6e a corporation, and the offices of secretary and
treasurer may be held by the same person. The initial
o:'Picers of the ccrporation and their business and home
addresses are zs follows:
Business Home
Officor Address Address
President: Da.~, of Education 81 A?o:;i St.
' Ralph H, Kiyos a::i 480 '~~ai anuenue Ave. Hilo, Hawaii
Hilo, Ha•.~aii ,
Vice-President:
Benedict Lui Kwan State Employment Service
26b VJai anuenue Ave. Z25 Kapiolani St,
Hilo, Hawaii Hilo, Hawaii
Secretary: Univ, of Hawaii
Dlaine 6radshaw Extension Service Honaunau
Kai naliu, Kona Hawaii
Treasurer: Univ, of Hawaii
Robert M. Ota Gxt ension Service 135 Alae St.
Federal Building Hilo, Hawaii
.Hilo, Hawaii-'
LX ,
Nembzrs or the corporation shall be admitted,
suspended, and expelled in such manner as Shall from time
to time Se prescribed 6y the By-laws,
The initial By-Lau, of the corporation shall be
approved and adopted by the signers of the Petition For a
Charter oP Incorporation wiEnin thirty (30) days aFt er the
granting e. such Charter. 'hc 6y-Lau: may be altered,
amended or repealed thereaPtcr by a majority of the members
• presenC at any annual meeting or o special meeting duly
callca and saccirically held For such purpose.
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XI.
The carporaci on is nor: arg anlsad for prcfit and
mill no] isscz cny stack. No ,p art or cho corporation's
assorts, incpme ar earni nSS 5ilall Se distri6ut zd to its
members, directors ar pf~=i ears except Par s=rvices
actually ran dared to the cprporation. If the corporation
shall cease to exist or shall be dissolved voluntarily
ar involuntarily, all prooerty and assets of the corpora-
tion of every ki r,d of car the payment cf its just debts
shall be di stribut:d solely to one or more organizations
exempt from United Stat ea income tax, either charitable,
scientific, educational, or with purposes siailar to
those of the corporation.
XII.
The property or the do rpor,atioh shall alone be
liable at law for payments of the debts and liabilities or"
the corporation. No director or officer of the corporation
or his heirs, executors, or administrators, shall be liable
to the corporation for any loss or damage suffered 6y it
on account of any action or omission by his as su cii
director or officer, unles^, scch director or officer
shall, with respect to such action or omission, be and/or
have 6ecn guilty or misconduct or negligence in the
performance of his dut'i es as such director or officer.
XIII.
This C:-.arCCr shall 'oe subject to amendment
Prom time to time in accordance wii:h law, and the corpora-
lion shall he su'o;ect to all general laws now in force
or hereafter enacca~ ~.~i th regard tv ca roorations of this
nature.
6.
` R
IN 'AIi~E55 'w~N ERECr, I have hereunto set my
hand and ccused the oFfici al goal o~= tic Ocpertment od
r~eculate ry Aecncios of tha St c~::c oi'raauaii Lo oe hereunto
o~ 7l~ n
are-i:ed thin day or /j1a'v 1965.
o
R~C~vR Cr RCGULnT~.',~Ti;S
S i ATE OF HAW.11 I
S
HAWAII COUNTY ECONOMIC OPPORTUNITY COUivCII.
~Y-LAWS
APPROVID BY:
HAWAII COWi IY ECONOMIC OPPORTUNITY COUi1CII.
BOARD OF DIRECTORS
NOVEMBER 25, 1996
Attachment C
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TABLE OF CONTENTS
PAGE
PREAMBLE 1
PURPOSE AND FUNCTIONS 2
ARTICLE I. MEMBERSHIP
Section 1. Size of the Board 3
Section 2. Board Composition 3
Section 3. Selection Procedure for the Poor Sector 3
Section 4. Selection Procedure for the Private Sector a
Section 5. Selection- Procedure for the Public SectoF--;- 5 -
Section 6. Appeals Procedure by Other Groups for 5
Adequate Representation
Section 7. Removal 7
Section 8. Alternates e
Section 9. Vacancy - - s - -
Section 10. Limitation on Board Service io
Section 11. Conflict of Interest 11
Section 12. Compensation 11
ARTICLE II. OFFICERS OF THE BOARD
Section 1. Description and Duties i3
Section 2. Election of Officers is
Section 3. Term of Office 14
Section 4. Recall and Vacancies 14
Section 5. Dual Office Holding is
Section 6. Supervision by Board 1 a
Section 7. Ratification of Acts by Board 1 a
ARTICLE III. COMMITTEES
Section 1. Executive Committee 15
Section 2. Program Development Committee is
Section 3. Membership Committee 1 s
Section 4. Finance Committee 1~
Section 5. By-Laws Committee 1~
Section 6. Human Rights Committee iz
Section 7. Personnel Committee 1$
Section 8. Evaluation Committee 18
Section 9. Legislative Committee is
Section 10. Ad Hoc Committee 1$
i
TABLE OF CONTENTS
PAGE
ARTICLE IV. MEETINGS AND RULES
Section 1. Regular Meetings 1 g
Section 2. Notice of Regular Meetings 19
Section 3. Agenda of Regular Meetings 19
Section 4. Minutes 20
Section 5. Biennial Meeting 20
Section 6. Special Meetings 20
Section 7. General Rules For All Meetings 20
ARTICLE V. DUTIES AND FUNCTIONS OF THE EXECUTIVE DIRECTOR
Section 1. Conditions 22
Section 2. Responsibilities of the Executive Director 22 -
ARTICLE VI. FISCAL PROCEDURES
Section 1. Fiscal Year 24
Section 2. Required Signatures 24
Section 3. Legal Documents 24
ARTICLE VIl. PUBLIC ACCESS TO AGENCY INFORMATION
Section 1. Meetings 25
Section 2. Books and Records 25
ARTICLE VIII. AMENDMENTS TO THE BY-LAWS 26
ARTICLE IX. DISSOLUTION 27
ARTICLE X. COMPLIANCE WITH BY-LAWS 28
APPENDIX 29
BY-LAWS
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
PREAMBLE
The name of this private non-profit corporation shall be the
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL.
It shall act as the official Community Action Agency for the
County of Hawaii, in conformity with the standards and
regulations set forth by the Community Service Block Grant
Act (CSBG).
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PURPOSE AND FUNCTIONS
The purpose and functions of this organization shall include
the following:
i. To identify areas of poverty and diagnose causes of
poverty in this County.
2. To develop a comprehensive plan to prevent, alleviate,
and eliminate poverty in this County.
3. To develop, conduct, and administer programs and to
oversee the conduct and administration of anti-poverty
programs as established under provisions of the CSBG
Act and State of Hawaii. -
a. To act as an advocate of the poor and to encourage, -
stimulate, and assist in the development of anti-poverty
projects by public and private sector organizations to
meet the needs of the low-income including Native Hawaiians.
5. To encourage, stimulate, initiate, and support efforts aimed
at providing, health and decency standards of living, for
all people in the County who are in fact poor.
6. To involve residents of the area and members of the
population to be served, in planning, policy making, and
operation of the program.
To engage in such other activities as the Board may deem
necessary or desirable to effect a permanent improvement in
the capacities of individuals, groups and communities
affected by poverty, to deal effectively with their own
problems so that they may become self-dependent.
8. To actively engage in community and economic development
and housing projects for total community betterment to
• contribute toward elimination of poverty in this County.
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ARTICLE I. MEMBERSHIP
SECTION 1. SIZE OF THE BOARD
A. The Board shall consist of thirty-three (33) members.
B. The power to change the size of the Board rests with the
Board.
C. A change in representation of one category of membership
must be reflected in the proportion of members from the
other categories.
SECTION 2. BOARD COMPOSITION '
The total number of Board seats shall be divisible by three
(3) and represents the different sectors in the community
to ensure the effective handling of poverty related issues.
A. Public Officials
Eleven (11) seats shall be allocated to elected Public
Officials or their representatives.
B. Representatives of the Poor
Fourteen (14) seats shall allocated to representatives
of the poor, although representatives of the poor need not
themselves be poor.
C. Representatives of Private Groups
Eight (8) seats shall be allocated to private groups.
SECTION 3. SELECTION PROCEDURE FOR THE POOR SECTOR
A. The members of the District Council will elect by majority
vote, in a secret ballot, representatives to the HCEOC Board
of Directors.
B. Election for alternates shall be handled in the same manner
. and at the same meeting as HCEOC Board Representatives
are elected.
C. Apportioning of Districts.
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. a
1. Number of representatives to serve on HCEOC Board
from each District Council shall be based on data
derived from the latest official County of Hawaii
Census information.
2. The total number of District seats for all Districts shall be
reapportioned before election to ensure representation
in proportion to the number of poor persons residing
in the area.
SECTION 4. SELECTION PROCEDURE FOR THE PRIVATESECTOR
A. The Board as a whole shall select the private sector seats
before seating of the members at the biennial Meeting
- in JFurie. The-general criteria considerectirrselecting a
-group shalt be the following:. _ . _
1. Concern for the plight of the poverty population.
2. Demonstrated involvement in other community
organizations.
3. It covers the geographic area of Hawaii County.
B. The media shall be utilized every two years'to inform all
private groups that they can petition for a seat on the Board.
C. The Membership Committee Shall, in ranked order of priority,
recommend to the Board the organizations, to be considered.
D. A total of eight (8) seats shall be reserved for private business
and/or human service groups which can provide technical
assistance and/or other resources toward the mission of
Hawaii County Economic Opportunity Council.
E. Private groups shall designate representatives and their
alternates, and may change representatives at any time with
written certification to the Board, such as a letter signed by the
' groups' President or other official certifying official action. Such
substituted representatives shall serve only the remaining portion
of the term and be seated during the first meeting they attend
as official representatives.
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f J
F. Each representative-or alternate shall be empowered to
speak and act on behalf of the individual organization which
he/she represents in connection with the Board's business.
SECTION 5. SELECTION PROCEDURE FOR THE PUBLIC SECTOR
A. The designating officials shall consist of the Mayor and
the County Council Members, and the County Prosecutor.
B. The Mayor and the County Council Members shall
determine who shall serve on the Public Sector of the
HCEOC Board.
C. Names of both Public officials and their Representatives
must be submitted to the Board by the designating officials. _ _
D. The Publie Officials selected to sit on the Board may each -
appoint a permanent Representative to serve either
full-time in his/her place or whenever he/she is unable
to attend a meeting.
E. Representatives of Public Officials are not'alternates
and restrictions which apply to alternates of the private
sector and poor sector are not applicable.
F. Representatives of Public Officials shall be authorized to
act for the Public Officials in matters before the Board,
and not as individuals.
G. The term of the Public Official or their Representatives
shall be conterminous with the term of the Public Office of
the Mayor and the County Council.
SECTION 6. APPEALS PROCEDURE BY OTHER GROUPS FOR
ADEQUATE REPRESENTATION
A. Who
Any community agency or representative group of the
poor which feels itself inadequately represented on the
Board shall be able to petition the Board and have a hearing
for representation.
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o
B. Time
Petitions shall be presented at least fifteen (15) days
before the regular meeting of the Board at which they
will first be presented.
C. Place
Petitions shall be filed at Hawaii County Economic Opportunity
Council, 47 Rainbow Drive, Hilo, Hawaii 96720 between the
hours of 7:45 A. M. and 4:30 P. M. or by mail.
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D. Form .
The appeal stiafl be in writing and shalE contain specific
justification for the appeal and twenty-five (25) signatures
or 51 % of the members of the petitioning group or agency
whichever is less.
E. Hearing
The Membership Committee shall review the appeal and
order the matter set for hearing. The proceeding shall be
presided over by the Chairperson of the Membership
Committee or, in his/her absence, by the Vice-Chairperson.
Any procedure may be modified or waived by stipulation
of the parties and informal disposition made of any appeal.
F. Decision
The Board ofDirectors shall make the final decision. A
certified copy of the decision and any accompanying
findings and conclusions shall be delivered or mailed to
all parties of the proceedings.
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G. Provisions for adjusting and realigning composition.
If a petition for adequate representation is granted, the
Membership Committee shall include the community agency
or representative group of the poor in the annual priority
listing recommendation to the Board in March. Seating of
the representatives shall occur at the biennial June meeting.
SECTION 7. REMOVAL
A. Grounds for Removal
1. Private and Poor Sectors
Unexcused absences from two (2) consecutive Board
Meetings and three (3) consecutive Committee Meetings
shall constitute cause to reconsider the person
representing the group.
2. Public
Provisions for removal shall not extend to the public
officials or their representatives. .
B. Procedure for Removal
1. Private and Poor Sectors "
a. If a member is absent or not officially represented
for two (2) consecutive Board Meetings and three (3)
consecutive Committee Meetings, the member and the
organization which he/she represents will be notified
in writing (fifteen (15) days prior to the hearing) that
the Board intends to remove them.
The member and the organization will be given a date
(by the Membership Committee) to appear at the
hearing. At that time they may present reasons why
they should retain their position on the Board.
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2. Private groups may substitute representation at any time
with written notice to the Board, provided that the
provisions of these By-Laws with respect to
certification of the representative are complied with.
3. Public
a. The Mayor and Councilperson of the County shall be
notified if.one of the representatives_is not in
substantial attendance, or far just cause, the- Mayor
and Councilperson may be requested to appoint a
replacement.
b. The Mayor and Councilperson may substitute
_ representatives at any time with written notice to the
Board, provided that the provisions of these By-Laws
with respect to certification of the representative
are complied with.
SECTION 8. ALTERNATES
A. Alternate Representative of the Poor Sector"
1. Alternates shall be chosen according to Article I.
Membership, Section 3C Selection Procedure of the Poor.
2. Alternates shall act only as substitutes for a regular
member in his/her absence and may not serve as
officers of the Board.
3. In the event of a vacancy, the alternate named for each
representative shall serve the balance of the
representative's term.
4. An alternate filling a vacant seat shall become a regular
. member of the Board, and thus, eligible for service
as an officer of the Board.
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B. Alternate Representative of the Private Sector
1. Groups represented on the Board shall designate one (1)
alternate, who shall be certified in writing by the sponsor
he/she represents.
2. Each alternate may represent only one (1) Board member.
3. An alternate shall act only as a substitute for a regular
- - member in his/her absence-and may not serve as an officer -
of the Board.
4. If a representative vacates his/her seat, the alternate
shall fill the seat as a regular member for the duration
of the term. Anew alternate shall be selected by the
particular group affected.- - -
SECTION 9. VACANCY
A. A vancancy on the Board shall occur when:
1. A member and the organization he/she o#ficially
represents has been notified of his/her official removal
for just cause by action of the Board.
2. A member notifies the Board of his/her resignation in
writing, or the Board is notified of the death of a
member.
3. The designating officials (Mayor, County Council) may
remove a public official or his/her representative.
4. A Public Official leaves office.
5. The remainder of the seats allocated to public officials,
if the number of public officials who are willing to serve
does not comprise one-third (1 /3) of the Board.
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B. The Board of Directors shall fill vacancies as soon as
possible.
1 . The vacant seat of a representative of the poor shall be
filled by his/her alternate.
2. Vacant seats of representatives of private organizations
shall be filled_in the following manner:
a. If an alternate has been selected, the altemate shall
fill out the term and the naming of a new representative
shall occur after this event.
b. If an alternate has been selected, the Board shall
ask the organization which appointed the former
member to name another representative to fill the term.
3. Vacant seats of public officials shall be filled by Board
request of the designating officials (Mayor, County Council)
to select another public official or representative or when
an official indicates willingness to sit on the Board.
SECTION 10. LIMITATION OF BOARD SERVICE.
A. Public Officials or their representatives shall have no
tenure restriction and serve for the duration of their
apppointment by the designating official as long as the
public official is currently holding office.
B. Representatives of the poor and of private organizations
may serve up to five (5) consecutive years, but no more
than a total of ten (10) years with a twelve (12) month
hiatus between terms.
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SECTION 11. CONFLICT OF INTEREST
A. No person may sit on the Board if he/she is an officer or an
employee of an organization contracted to perform a component
of an HCEOC program, an employee of HCEOC or federal
employee of a funding source.
B. No person may sit on the Board if he/she has a conflict of
financial interest and "substantial interest" in HCEOC contracts.
1. Any director indirect. financial interest in the specific
sale or rental transaction, including a commission or fee,
a share of the proceeds, the prospect of promotion, a
profit, or any other form of financial reward."
2. Any of the following interest in the business which is
supplying the goods, space, or services for purchase,
rent or lease.
----Ownership
----Partnership interest or other beneficial interest
of 5% or more
----Ownership of 5% or more of the stock
----Employment as an Executive Director
----Membership on the Board of Directors or other
governing Board
SECTION 12. COMPENSATION
A. Regular compensation of Board Members shall be prohibited.
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e. Reimbursement shall be made to cover cost of certain
expenses actually incurred as a result of attendance
at a meeting, or in the performance of other official duties
and responsibilities in connection with the agency.
1. Reimbursement for transportation to and from
official appointments is permissible. If private
automobile is used, the rate shall be in accordance
_ _ with federal travel regulations.
2. Other Expenses
_ A grantee or delegate agency may make available to
Board members the use of telephone, xerox; etc. in the
agency free of charge for matters relating to official
business.
3. Board members may be reimbursed for up to six (6)
meetings per month.
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ARTICLE II. OFFICERS OF THE BOARD
SECTION 1. DESCRIPTION AND DUTIES
The Officers of the Board shallbe: Chairperson,
Vice-Chairperson, Secretary, and Tresurer.
CHAIRPERSON
The Chairperson of the Board shall preside at all meetings _
of the Board and Executive Committee; appoint members -
of all Committees with the exception of the Executive
and Personnel Committees.
uICE-CHAIRPERSON - - - - -
The Vice-Chairperson shall have all the powers and shall
perform all duties of the Chairperson in that person's
absence.
SECRETARY
The Secretary shall maintain a complete file of the minutes
of all meetings of the Board and shall sign required
correspondence and documents.
TREASURER
The Treasurer shall have charge of the funds of the Board
and shall arrange for the deposit of funds in the name of
the Board in a Bank designated by the Board. The
Treasurer shall present a Financial Report to the Board
at each regular meeting, and shall explain the Report
at the request of the Chairperson of the Board.
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E
SECTION 2. ELECTION OF OFFICERS
At the Biennial Meeting held in June, a Nominating Committee
shall be appointed by the Chairperson. It shall be the duty of this
Committee to nominate candidates for the offices to be filled.
Additional nominations from the floor shall be permitted. Election
shall be held during that meeting. If the election is delayed,
elections shall be held no later than the next regular scheduled
_ _ _ monthly meeting. The officers shall be elected by secret ballot.
SECTION 3. TERM OF OFFICE
The officers shall serve-for two (2) years or until their successors
are elected. Their term of office shall- begin a_t.the close of the-
- meeting at which they are elected.
SECTION 4. RECALLAND VACANCIES
In the event a vacancy occurs in any office of the Board, or the
Executive or Personnel Committees, an election shall be held at
the next regular Board meeting to fill the vacancy for the remainder
of the term.
SECTION 5. DUAL OFFICE HOLDING
Board members may hold office in organizations they represent
and an office on the Board. But no one Board can hold more than
one office on the HCEOC Board of Directors.
SECTION 6. SUPERVISION BY BOARD
Executive Officers of the Board are responsible to the Board and
can only act on terms which the Board has assigned to them. All
other items must come before the Board.
SECTION 7. RATIFICATION OF ACTS BY BOARD
Acts not delegated to an officer or committee must be
ratified by the Board.
-14-
ARTICLE III. COMMITTEES
The standing Committees shall be: Executive Committee,
Personnel Committee, Evaluation Committee, Program
Development Committee, Legislative Committee, Finance
Committee, Membership Committee, By-Laws Committee, and
Human Rights Committee. The Chairperson of the Board shall
appoint Committee members with the exception of the
Personnel Committee and the Executive Committee.
_ _ The membership of a particular committee. shall appoint its
Chairperson with the exception of the Finance Committee and
the Executive Committee.
Membership on all committees, including the Executive
Committee, shall be proportional to the- representation in each
of the three (3) categories of membership comprising the
Board. Each Board Member shall be assigned to at least one
standing committee, and insofar as possible, all Board Members
should be assigned approximately similar-loads of committee
work. The Chairperson of the Board may be an ex-officio member
of all committees but has no vote.
Members of committees shall be given not less than forty-eight
(48) hours notice. Meetings shall be called by the Chairperson
of the Committee.
All recommendations from committees require ratification by the
Board before implementation.
SECTION 1. EXECUTIVE COMMITTEE
The Executive Committee shall consist of the Officers of the
Board, plus as many additional members as required to make the
total membership proportional to the representation of classes of
Board membership. These additional members shall be elected by
the Board in the same manner as officers are elected according to
these By-Laws. Nominations for each of the Executive Committee
positions shall be made by the Nominating Committee, whose
responsibility it shall be to maintain proportional representation.
-15-
The Executive Committee shall be empowered to act only in
emergencies which demand action is less than the forty-eight
(48) hours required to call a special meeting of the Board.
If a quorum of the Board is not present at a regular or special Board
Meeting, a quorum of the Executive Committee shall be empowered
to enact only items of business on which action is mandatory before
a regular or special Board Meeting can be held. The Executive
Committee shall have no other special powers and shall be
specifically prohibited from conducting ordinary business. The
Executive Committee may not amend the By-Laws.
SECTION 2_ PROGRAM DEVELOPMENT COMMITTEE
The- Program Development Committee shall review all new and
refunding- proposals for programsF recommended priorities,
- establish guidelines and standards for projects ahd make- a
recommendation regarding same to the Board, this includes
research proposals. Priorities shall include the recommendation
of target areas concerned.
The Committee shall establish public relations guidelines and
standards for informing the community at large of the nature and
progress of the anti-poverty programs, with special emphasis on
creating involvement. It shall not deal directl~'with media or other
community interest without the approval of the Chairperson of the
Board. It shall conduct any other public relations activities suggested
by the Board.
SECTION 3. MEMBERSHIP COMMITTEE
The Membership Committee shall receive and review the certificates
submitted for membership on the Board as provided by these
By-Laws, and shall maintain a current priority list of organizations
suitable for potential membership. This Committee shall invite
organizations to send representatives to the Board, shall maintain in
current status, attendance records of individual representatives at
all regular, special and assigned committee meetings, and shall make
recommendations to the Board concerning inactive members to
the Board concerning inactive members or organization as provided
in these By-Laws. Upon Board direction, this Committee shall make
appropriate notification to organizations when changes in representation
are required.
-~s-
SECTION 4. FINANCE COMMITTEE
The Committee shall recommend guidelines for the
management of fiscal policies, shall work with the Executive
Director in preparing the budget, and make a quarterly report
on the fiscal condition of the corporation to the Board. This
Committee shall also explore possibilities of community
contributions to the non-Federal share of the cost of any
program.
SECTION 5. BY-LAWS COMMITTEE
The By-Laws Committee shall be responsible for the
development of By-Laws and recommendations of proposed
amendments to the By-Laws. The Committee shall annually
evaluate the By-Laws for conformity to Federal; State and
local regulations, and for operating efficiency. It shall
perform such additional duties as prescribed by the Board.
SECTION 6. HUMAN RIGHTS COMMITTEE
The Human Rights Committee shall hear any and all
grievances, except for the grievance of the staff, which shall
be handled by the Personnel Committee, or"suggestions from
any member of the Board or the community concerning matters
of interest to it. The Committee shall report to the Board, all
matters brought to its attention and all recommendations it may
have. The Committee shall make itself available to the public.
Nothing in this provision shall prevent parties to grievance
complaints from subsequent direct access to the Board.
This Committee shall work in conjunction with the Equal
Employment Officer.
This Committee will also review the Affirmative Action
Plan and recommend Board approval.
This Committee will also guarantee the enforcement of the
Agency's Affirmative Action Plan.
-17-
SECTION 7. PERSONNELCOMMITTEE
The Personnel Committee shall review formal grievances
presented by any member of the staff in accordance with
the Personnel Policies. The members of this Committee
shall be elected by the Board and shall elect their own
Chairperson.
The Personnel Committee shall review all salary increases
or adjustments in conjunction with the Finance Committee and
shall keep the Personnel Policies current according to
Federal and State regulations.
SECTION 8. EVALUATION COMMITTEE
The Evaluation Committee shall evaluate the effectiveness
of all programs put in operation by HCEOC. The Evaluation
Committee shall set forth recommendations to the Board on
the continuance of on-going programs. It shall work closely
with the Program Development Committee and be informed
by that body of all programs in operation, as well as those
being considered for approval by the Program
Development Committee.
SECTION 9. LEGISLATIVE COMMITTEE
The Legislative Committee shall prepare bills for introduction
in the County Council and the State Legislature on any
matter which affects HCEOC and shall establish a liaison
with legislative groups far the introduction and advocating
of all legislation in which HCEOC may have an interest.
SECTION 10. AH HOC COMMITTEE
The Chairperson of the Board of HCEOC, with concurrence
of the Board of Directors, may create an Ad Hoc Committee for
• any matters not specifically covered by these By-Laws.
-18-
ARTICLE IV. MEETINGS AND RULES
SECTION 1. REGULAR MEETINGS
The Regular Meetings of the HCEOC Board of Directors shall be
held on the fourth Monday of each month unless otherwise
ordered by the Board or the Executive Committee. However, the
Board shall meet at least once every ten (10) weeks.
SECTION 2. NOTICE OF REGULAR MEETINGS
A. Written notice of meetings and the Agenda shall be sent to all
members of the Board. Committee reports, reports from the
Executive Director, and other agenda materials shall be
included in themailing when available.
B. Notice of meetings shall be given to the local public media.
C. Notice shall be provided at least five (5) days in advance of
meetings.
D. It is the responsibility of member organizations to see that
their alternates are notified when they are to attend a meeting
in the place of the representative.
SECTION 3. AGENDA OF REGULAR MEETINGS
A. The Agenda shall include minutes of the previous regular meeting,
any special meetings, and committee meetings held since the
last regular meeting.
B. The Chairperson shall provide opportunity for new business to
be introduced from the floor and from the public, whether or not
this has been included in the advance written agenda.
-19-
SECTION 4. MINUTES
A. Written minutes shall be kept for each meeting.
e. Written minutes shall include a record of votes on all
motions.
C. Minutes of previous meetings shall be distributed to all
Board Members prior to the next meeting.
D. Minutes of meetings shall be made available to the public
for inspection and where applicable, translations will be
-made. - . - - _ _
SECTION 5. BIENNIAL MEETING .
The Regular Meeting in June shall be known as the Biennial
Meeting and shall be for the purpose of seating new members,
electing officers, Personnel and Executive Committee members,
and for any other business that may arise..
SECTION 6. SPECIAL MEETING
Special Meetings of the Board may be called by the Chairperson
or upon written request of any five (5) members of the Board,
provided each member has at least forty-eight (48) hours
advance notice of the time and place of the meeting. The
items for which a meeting is specially called shall have
precedence over any other agenda items.
SECTION 7. GENERAL RULES FOR ALL MEETINGS
A. Parliamentary Authority
The rules contained in the most current edition of Robert's
Rule of Order (revised) shall govern the Board and
Committees to which they applicable and in which they
are not inconsistent with these By-Laws. The Chairperson
appoint a parliamentarian.
-20-
f
B. Ouorum
1. One-half of the total non-vacant seats shall constitute
a quorum at any Board or Committee Meeting. If a quorum
of the Board is not present at a Regular or Special Board
Meeting, a quorum of the Executive Committee shall be
empowered to enact those items of business on which
action is mandatory before the next regular or special
meeting can be held.
2. The Board shall note in its minutes how many seats are
vacant at the time of each meeting, in order to determine
that a quorum has been established. .
3. The quorum requirement is applicable for all official Board
action at the time the action is taken. If at any time during
a meeting the quorum is destroyed, the Board's action will
not be recognized as official.
C. Voting
1 . All votes in Regular or Special Board Meetings and
Committee Meetings shall be by majority votes unless
otherwise specified in the By-Laws.
2. Proxy voting by any Board Member shall be prohibited at
meetings of the Board and its Committees.
D. Scheduling of Meetings.
1. All meetings shall be scheduled for the convenience of
Board Members and the General Public.
-21 -
e
ARTICLE V. DUTIES AND FUNCTIONS OF THE EXECUTIVE DIRECTOR
SECTION 1. CONDITIONS
The Executive Director shall be employed by two-thirds of the
certified members of the Board. The Executive Director's services
may be terminated at any time in accordance with Personnel
Policies and subject to atwo-thirds vote of certified members.
SECTION 2. RESPONSIBILITIESOFTRE EXECUTIVE DIRECTOR
A. The Executive Director shall have chief administrative
responsibility by carrying on the work of HCEOC, according to
policies established by the Board.
B. The Executive Director shall be responsible for drafting the
programs as directed by the Board and shall make
recommendations to the Board concerning these programs.
C. The Executive Director shall make recommendations to the
Board regarding fiscal policy formore effective use of funds
available.
D. The Executive Director shall attend all meetings of the Board
and may attend Committee meetings of the Board.
E. The Executive Director shall report his official activities to the
Board regularly and promptly, and shalt keep the Board informed
as to whether its instructions and policies have been executed.
F. The Executive Director shall inform the Board promptly of
established funding policies and directives, so that local
policy can be maintained in conformity with all rules,
regulations and policies.
-22-
~ ~ J
G. The Executive Director shall maintain a complete library of
pertinent current rules and regulations and policies.
H. The Executive Director shall be responsible for informing
the Board of all Federal, State, and local Laws and
Regulations to enable the administration of programs to be in
compliance with them.
I. The Executive Director shall be responsible for the proper
completion and prompt return of all official requests for
information, reports, and forms from funding source.
.1. The Executive Director shall be responsible for~maintainirig
liaison between the Board and other agencies, and shall keep
communications continuous with all community agencies
relevant to the work of HCEOC.
K. The Executive Director shall hire, supervise and terminate
employees and shall be responsible for compliance with
Federal, State, County, and HCEOC Policies on Equal
Employment Opportunity, Affirmative Action and hiring and
termination of staff members.
The Executive Director shall direct and supervise all HCEOC
Employees and make recommendations to the Board matters
of Personnel Policy.
M. The Executive Director shall perform such other duties and
carry out such other responsibilities as the Board may require.
-23-
~ ? r
ARTICLE VI. FISCAL PROCEDURES
SECTION 1. FISCAL YEAR
HCEOC Fiscal Year shall be from October to September.
SECTION 2. REQUIRED SIGNATURES
The following four (4) individuals shall be authorized to sign
drafts, notes, and checks: Executive Director, Fiscal Officer
Treasurer, and Chairperson. Any two (2) signatures will be
required on checks, notes, and drafts.
SECTION 3. LEGAL DOCUMENTS
Legal documents for HCEOC require either the Executive
Director's or Chairperson's signature.
-24-
f
ARTICLE VII. PUBLIC ACCESSTO AGENCY INFORMATION
SECTION 1. MEETINGS
All Committee, Regular and Special Board Meetings shall be
open to the public except those portions concerned with
personnel matters.
SECTION 2. BOOKS AND RECORDS
Upon request, all books and records shall be made available
to the public with the exception of staff personnel records.
-25-
t
ARTICLE VIII. AMENDMENTS TO THE BY-LAWS
The By-Laws may be amended by a two-third vote of the
members of the Board at any General or Special Meetings,
provided notice of the proposed amendment or amendments ;
has been given to each Board Member in writing at least
fourteen (14) days prior to the meeting at which the proposal
is to be considered. The Board shall report any amendment
or amendments to the Director of Office of Community
Services (OCS). The Board shall not amend these By-Laws
in the absence of a quorum. It is not within the power of the
Executive Committee to amend these By-Laws.
-26-
s .
ARTICLE IX. DISSOLUTION
The duration of the corporation shall be perpetual. In
the event the corporation is to be dissolved, dissolution
procedures shall be in accordance with the State Law as
modified by any other legally binding conditions.
-27-
ARTICLE X. COMPLIANCE WITH BY-LAWS
The rules, regulations, and policies promulgated by
HCEOC shall be in compliance with the provisions of these
By-Laws. Any rules, regulations, and policies not in ;
compliance shall be void.
-28-
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-29-
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~ACtea~ any reply to: ?A.~ac. d L ~aY~~ cs. G-•.t. 7CG43
~ywAtl Ctt7NTy FC'vOMIC
ORCrilJ`iln tOU:•C~l
~ 3~~ , .
_ Interr:al Revenue Service
~ .3_ FEB 25 1911
~ ~ ~ code 1~2i:zLo2_ea~
~r~d
D Hawaii County Econoczio Ogportimitp Conn.-s t
!:6 Keauo Street
ELlo~ :3avraii 96720
Geatlasen:
Purpose: Chaz3tahl.e do ?duCati nnnl
Film Secures vi t.5 Internal
a,eveaue Service Center: Philadelphia, Pennsylvania
letouating Period Ending: rebruary 28
?ddrasa Inquiries to District
Disaxtor of internal Revenue: Los Angeles
Based as iaforaation supplied, and assuming your operations will be as
slated in your exertion application, ve have determined chat you are
aes~c from e'ederal income tax under seccicn 501(c)(7j of the Internal
Revenue Coda. Any change is your purposes, character, or aechod o:
operation rsus[ be reported co us so s.•e may consider the effect o: t::e
change on your exexoc sCacus. You cost also report nay change in your
ratioe and aaaress.
iia hrre further determined chat you are not a private :oundacion cri~hin
the meanin3 oc section ~09(a) a: t:~e Code 'oecause you are an organization
described in section l70(o}(I)(A)(vi)
cor ycsrs be^.nning ?rior to Sanuar-; 1970, you az'3 requires! to
file the annual Lnrac-~at.on return, ?ore 990-n r'or coca su'osequent
year, please refer to the :--iscructiona accaa?anying tae cons 990-:, :or
rhaL particui.zr ye,:r [o deceraine vhecher you are required to ale.
' 2f filing is required, you mssc file the rora 990-A 'oy the 15th day of
ire fifrY. month oiler the end of your annual accounting period.
at-achment D L-178 - (Rev.
1
8aa4i.L Co~sL',r F.COZtOmZn QppnrtauiLy COUnC',
You are not required co file Federal income tax returns unless you are
eub~ecc co the tax on unrelated business income under section i!1 of
the Code. If you are suo)etc co this tux, you must file an income tax
reacza oa Fota 990-T. in this letter ve are not determining whether
say of your present or proposed activities is unrelated trade or bu -
aeea as defined is section $13 of the Code.
Yon are not liable for -redesal unemnloymenc taxes. You are liable for
social security taxes only if you have flied waiver of exempcioa
eerzificaces as provided is the Federal Insurance Caacribucions Act.
Goazributions made ca you are deductible by donors as provided in
section 170 of the Code. 3equescs, Lesacies, devises, transfers or
gif u co or for your use are deductible for Federal es ca [e and gift
Lax purposes under the provisions of seeclons 2055, 2106 and 2522 of
she Code.
You need an employer ldeacLficacion number, even if you don't have any
employees. .pis number is :a be used on all your tax returns and in
your correspondence with the Internal Revenue Service. IF you da not
have such a number, your District Director will cake seeps co see chat
one is issued ac as early data.
Eaia is a dntermiaation letzer.
Very truly. yours,
`
District Director
L-178 - (Rev. L....;
BOARLI OF (RECTORS
NAME OCCUPATION REPRESENTING
PUBUC SECTOR
Sandy Schulte Attomey Mayor Stephen Yamashiro
Abbie Napeahi Homemaker Councilman Aaron Chung
Jerry Chang Businessman Caunalwoman Bobby Jean Le¢head-Todd
Kenneth Acdal IFE Case Manager Councilman Dominic Yagong
Jirtt Rhodes Director of Promotions, Kaiko'o Mall Councitman John Sarnangelo
Milton Nakatsu Hawaiian Telephone Representative Councilman James Arakaki
Sandra Sakaguchi HCC Acting Provost Councilman Al Smith
Mel Martinson Businessman Councitman John Ray
Curtis Tyler III Councitman Self
Joe Reynolds Councitman Self _
Jay Kimura Prosecuting Attomey Self
PRIVATE SECTOR
Mike Nagao Administrator - UH University of Hawaii. Cooperative Ext.
Michael Okumoto Manager -Bank of Hawae-Hilo Bank of Hawaii
Neal Matsunobu Credit Officer Hawan 'rederal and State Credit Union
Cf~ford Ogata Programmer Hawaii Government Employees Assn.
Russell Botheld Business Agern ILWU
Vacarn
vacarn
vacant
LOW-INCOME SECTOR
Tom Poy Retired Plantation Employee Hamakua District Council
Dwight Takamine Attomey Hamakua District Council
Richard Cabane Instructor-Keaukaha Elderly Center Hilo District Council
Louisa Manzano Homemaker Hilo District Council
Matsuko Teragawa Homemaker Hilo District Council
Ann Gonzales Homemaker Hilo District Council
Agnes Navarro Homemaker Hilo District Council
Vivian Patacat Homemaker Kona District Council
Dorothy Yanagi Homemaker Kona District Council
Jewett Spencer DOE Kona District Council
Maxima Mecate Homemaker Ka'u-Puna District Council
Sarmago Gose County Immigrant Specialist Ka'u-Puna District Council
Sabina Hauanio Studern - UH Ka'u-Puna Disthct Council
Anna Pacheco Homemaker Ccurttywide Policy Council
attachment E
SECTION 12. COT "~'ENSATION
A. Regular compensation of Board Members shall be prohibited.
-11 -
B. Reimbursement shall be made to cover cost of certain
expenses actually incurred as a result of attendance
at a meeting, or in the performance of other official duties
and responsibilities in connection with the agency.
1. Reimbursement for transportation to and from
official appointments is permissible. If private
automobile is used, the rate shall be in accordance
with federal travel regulations.
2. Other Expenses
A grantee or delegate agency may make available to
Board members the use of telephone,'zerox, etc. in the
agency free of charge for matters relating to official
business.
3. Board members may be reimbursed for up to six (6)
meetings per month.
Board members are volunteers as per By-Laos Section 12, pp. LL 5 1?.
attachment E-1
Attachment F
See attached Page 4 Section C. Affirmative Action, an excerpt from HCEOC
Personnel Policies, Approved November 22, 1993.
A complete copy of Personnel Policies can be supplied upon request.
Attachment F
rr ~ ~ Y
B. Head Start
The qualifications for Head Start teaching staff and
director positions are mandated by the Department
of Human Services, State of Hawaii. All applicants
for Head Start positions need to meet those
qualifications and need the approval of that
Department prior to hire.
C. Affirmative Action
It is the policy of HCEOC to provide equal opportunity
in employment far all qualified persons and to
prohibit discrimination in employment because of
race, creed, color, sex, age, marital status, national
origin or ancestry, religion, handicapping condition(s),
arrest and court records, political affiliation or belief,
or membership in any lawful organization.
The management will plan and take affirmative
action to achieve equal employment opportunity.
D. Sexual Harassment
HCEOC shall not tolerate sexual harassment.
Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conductor
visual forms of harassment of a sexual nature
constitute sexual harassment when:
1. Submission to that conduct is made either
explicitly or implicitly a term or condition of
an individual's employment; or
2. Submission to or rejection of that conduct by an
individual is used as the basis for employment
decisions affecting that individual; or
- 4 -
X33
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FRE IN OUPU UTE STATE Cf Hnwnu
OEPAA TMENT OF RE0V U70AY AGENCIES
9usinm Aequlranan Orvmm~
1010 AiCflard2 Street
Marling Address: P.O. da[ vo. Honolulu. Ha..n1 96810
In Cv Mmv of Ne Amendment of 1
Nrr GLrter al Incarodraoan al I ? -
1 r
Hawaii County 'economic Cppor, unity Connell I
1
C~tTIF1CATE dF AMENDMENT _
The undersigned duly authorized officers of Hawaii County eaanemic Op porrunir/ Council
a Hawaii non-profit .corporation, do hereby certify that at a
xxAZZiof meating of the members of wid cerparatian duly called end held at
Hllo Association to Hela Retarded Citizens Hilo, Hawaii , an the 20th day of
Apri I 19 81• for the purpose of amending the Charter of Incorporation, it was •.oted
by not less than two-thirds of the members present at the meeting to amend the Charter of
Inrnrporation of said corporation, as set forth in the exhibit attaeHed hereto and made a par' of
this Certificate.
y1N 'NITNE55 WYEREOF, the undersigned have hereunto ut their hands this~~'Cay of
I / Lb'1 , 19 . n
face Held: CCelrpegson
57ATE CF HA'NAII ) rice el¢ Secretary
Counrv of Hawaii )
Laurence J. Caper las and Anoel ins Costoria being first duly
sworn an oath deaase and say that they are the Chairperson end
Secretary respectively, of Haraii County economic Coportunity Council
that as wch officers they ere duly authorized to sign the foregoing Corti Eicate of Amendment;
and that :hey have read the said Corti Eicate and attached Exhibit, know the contents ihereor, and
'hat the some ere +rue. /1
SubaenbW ~d rVw7wn to ~elare me Nis ~ Gi ~ _
1(yaY of ! /~f++ . 19 ~~//~{C/~,~,n~,el'~~
/I rp/EO.r-Sadn~~ '
f 11Ce ~ eld: ~2C re Tarv
Nptary PubGC, ;ra Judicial Cbc rt.
G sate or Ha:.w
MY COmmkrwn rsmrel: °/!5/32 q }
The for egamq amendment n Hereby allw.ed Nn ~ I ~1.~~ day of ~I wl„y.L 19
~
i1~k,~~alIr ~ ~
7vigt r al ~qw orv ~gcnuo
{t\ A
C~arooratlan-,7~ n lv. IIr''aV~r"*«ator
lSrr rerene udr lar Imvueawsl U
am
Accachmene 8
_ R ~
IPSTRUCTICNS
the am encment to the Chen er aF Incoraoration of a non-arofit caraar:ian must be approved
at a meeting duly called and held for that purpose by the vote of not iess than r..o-tnir CS of
the members present at the meeting, or by a larger proportlan of members cs may x reduired
'oy the Charter of Inearporetion.
The exact Wane of the corporation es stated in the Charter ¢f Incarooretian must he sated in
the heading and'ba dy of the Certi`icate.
The Certificate must be signed and verified by at Icest two officers rnd filed with the
Business Registration Division of the Department of Regulatory Agencies, together with the
filing fee of Si.00. The cmendment shall became effective upon the allowance by the
Director of Regulatory Agencies.
EXHIBIT
The cxhihit must show that the Chnrter.of Ineorporntion has been an ended 6y:
I. Stating the article or articles or paragraph ar paragraptu of the Charter of
Incorporation m amended, or
2. Stating the Charter of Incorporation as amended in full.
CHARTER OF INCCRPORA7I CN
of
HAWAII CCUNTY ECCNCMIC CPPCRTUNITY CCUNCI~
II!
1, io actively solicit the coo rdinarion and coooerarion of all individuals,
~gencie5 and organi2ations, horn public and private, within rnq County oi• Hawaii,
towards assisting Those indiv itluals and groups who are oelow average economic levels
r0 attain an improved capability of financial earnings antl To assi sr the general
]Vhl is of The County of Hawaii.
Z. TO enlist intere ST antl findnC idl SuDPort from any and 311 sOUraes 70
engage in projects ra comoar poverty ana to engage in sucn orner activities as the
3oard may deem necessary or desi raola ro of feet a oennanent improvement in me
capacities of intliv idual s, groups, and communities.
REC~I'~ED
•9!7 ;gip 3 , ~ S
CV Y I~
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
HILO, HAWAII
Financial Statements and
Supplementary Data and
Comments on Internal Control
and Compliance
Years ended September 30, 1996 and 1995
(With Independent Auditor's Reports)
0 0
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Year ended September 30, 1996
Table of Contents
Pages
Independent Auditor's Combine Report on the Basic Financial
Statements and the Schedule of Federal Awards 1
Financial Statements
Statements of Financial Position 2
Statements of Activities 3
Statements of Functional Expenses 4
Statement of Cash Flows 5
Notes to Financial-Statements - 6
Supplementary Data:
Schedule of Federal Award Programs 10
Independent Auditor's Report on the Internal Control
Structure Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing
Standards 12
Independent Auditor's Report on the Internal Control
Structure Used in Administering Federal Awards 14
Independent Auditor's Report on Compliance Based on an
Audit of Financial Statements Performed in Accordance
with Government Auditing Standards 17
Independent Auditor's Report on Compliance with Specific
Requirements Applicable to Major Federal Award Programs 18
Independent Auditor's Report on Compliance with the
General Requirements Applicable to Federal Awards Programs 19
Independent Auditor's Report on Compliance with Specific
Requirements Applicable to Nonmajor Federal Awards
Programs 2~
~NNIFER L. GOSSERa `
CERTIFIED PUBLIC ACCOUNTANT
An Accounting Corporation
688 Kinoole Srrccr, Sairc 20I Hilo, Hawaii 96720 • Phone (808) 969.3111 Fax (808) 969.7}63
Independent Auditor's Renort on the Basic Financial Statements and the Schedule of Federal
Awards
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the accompanying statement of financial position of the Hawaii County Economic
Opportunity Council as of September 30, 1996, and the related statements of activity, functional
expenses, and cash flows for the year ended September 30, 1996. These financial statements
are the responsibility of the Council's management. My responsibIliry is to express. an opinion _
on these financial statements based on my audit. Information for the year ended September 30,
1995, is presented for comparative purposes only and was extracted from the financial statements
_ presented for that year, on which I expressed an unqualified opinion in my report dated July 12,
' 1996.
I conducted my audit in accordance with generally accepted auditing standards, Government
Auditing Standards, issued by the Comptroller General of the United States, and the provisions
of Office of Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher
Education and Other Nonprofit Organizations". Those standards and OMB Circular A-133
require that I plan and perform the audit to obtain reasonable assurance about whether the
financial statements are free of material misstatement. An audit includes examining, on a test
basis, evidence supporting the amounts and disclosures in the funancial statements. An audit also
includes assessing the accounting principles used and significant estimates made by management,
as well as evaluating the overall financial statement presentation. I believe that my audit
provides a reasonable basis for my opinion.
In my opinion, the financial statements referred to above present fairly, in all material respects,
the financial position of the Hawaii County Economic Opportunity Council as of September 30,
1996, and the results of its operations and changes in net assets for the year ended September
30, 1996 in conformity with generally accepted accounting principles.
My audit was made for the purpose of forming an opinion on the basic financial statements of
the Hawaii County Economic Opportunity Council taken as a whole. The accompanying
Schedule of Federal Awazds is presented for purposes of additional analysis and is not a required
part of the basic financial statements. The information in that schedule has been subjected to
the auditing procedures applied in the audit of the basic financial statements and, in my opinion,
is fairly presented in all material respects in relation to the basic financial statements taken as
a whole.
July 30, 1997
6 ~
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Statements of Financial Position
September 30, 1996 and 1995
1996 1995
Assets
Current assets:
Cash $ 22,822
Cash-designated 154 271
Grant receivables from
governmental agencies 347,843 658,362
Other receivables 104,654 73,897
Prepaid expenses 93,021 97,762
Total current assets 568,494 830,292
Property and Equipment:
Vehicles 1,335,283 1,202,090
Furniture and equipment 466,836 427,967
Building 77,800 77,800
Leasehold improvements 2,532,836 2,284,836
Land 35,000 35,000
4,441,755 4,027,693
Accumulated depreciation (1,267,690) (1,130,697)
Total property and equipment 3,174,065 2,896,996
Security deposits 24,561 24,723
Total Assets 3,767,120 3,752,011
Liabilities and Net Assets
Current liabilities:
Accounts payable 195,413 129,722
Accrued liabilities 224,020 244,750
Due to grantors 27,840 7,051
Notes payable to banks 36,030 41,825
Deferred revenue 111,205 159,767
Total current liabilities 594,508 583,115
Net assets, as restated:
Unrestricted 3,172,612 2,918,896
Temporarily restricted 250,000
Total net assets 3,172,612 3,168,896
Total Liabilities and Net Assets 53,767,120 3,752,011
See accompanying notes to financial statements
2
_ ~ ~
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Statements of Activities
Year ended September 30, 1996
with comparative totals for the year ended September 30, 1995
Temporarily Total A11 Funds
Unrestricted Restricted 1996 1995
Public Support
and Revenues:
Public support:
Federal grants 5 2,620,863 2,620,863 2,363,475
State grants 1,164,368 1,164,368 3,958,158
County grants 359,619 359,619 475,852
Foundation 8,090 8,090
In-kind contributions 294,477 294,477 396,048
Revenues:
- Program income 566,038 566,038 389,738
Medicaid/Medicare 198,719 198,719 67,187
Other income 78,258 78,258 71,697
Gain (loss) on
sale of assets 17,450 17,450 (6,213)
Net assets released
from restrictions:
Satisfied by payments 250,000 (250,000)
Total public support _
and revenue 5,557,882 (250;000) 5.307,882 7,715,942
Expenses:
Program services 4,619,446 4,619,446 4,603,093
Supporting services 684,720 684,720 733,957
Total expenses 5,304,166 5,304,166 5,337,050
Change in net assets 253,716 (250,000) 3,716 2,378,892
Diet assets, beginning
of year 2,918,896 250.000 3,168,896
Net assets, end of year S 3,172,612 3,172,612
See accompanying notes to financial statements.
3
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HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Statement of Functional Expenses
Year ended September 30, 1996
with comparative totals for the year ended September 30, 1995
Program Supporting Total
Services Services 1996 1995
Salaries and wages 8 1,878,585 410,264 2,288,849 2,423,877
Fringe benefits 516,572 112,780 629,352 647,221
Payroll taxes 204,241 44,591 248,832 252,223
Materials and supplies 578,904 30,469 609,373 449,884
Contractual services 239,283 12,594 251,877 212,163
In-kind expenses 294,477 294,477 396,048
Vehicle expenses 224,177 11,799 235,976 230,073
Travel 35,225 7,690 42,915 63,644
Conference and
meetings 13,459 2,938 16,397 21,818
Telephone 32,905 7,184 ~ 40,089 32,780
Equipment rental and
maintznance 14,034 1,559 15,593 13,412
Insurance 110,442 5,813 116,255 113,116
Occupancy 99,557 21,735 121,292 90,696
Printing and
publications 23,535 5,1.38 28,673 33,346
Postage 6,379 1,393 7,772 6,412
Other 193,228 8,773 202,001 153,756
Total expenses
before depreciation 4,465,003 684,72 5,149,723 5,140,469
Depreciation expense 154,443 154,443 196,581
Total expenses $ 4,619,446 684,720 5,304,166 5,337,050
See accompanying notes to financial statements
4
. s
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Statement of Cash Flows
Year ended September 30, 1996
Cash flows from operating activities:
Decrease in net assets $ 3,716
Adjustments to reconcile change in net assets to net
cash provided by operating activities:
Depreciation 154,443
Recognized gain (17,450)
Noncash contribution, vehicle (38,495)
Decrease in receivables 297,762
Decrease in prepaids and deposits 4,903
Increase in accounts payable and accrued liabilities 65,750
Decrease in deferred revenue (48,562)
Net cash provided by operating activities 422,067
Cash flows from financing activities:
Bank loan proceeds 7,025
Loan repayments (12,820)
Net cash used by financing activities (5,795)
Cash flows from investing activities:
Purchases of property and equipment (411,017)
Cash proceeds on sale of assets 17,450
Net cash used by investing activities (393,567)
Net increase in cash 22,705
Cash at beginning of year 271
Cash at end of year $ 22,976
Supplemental Disclosure of Cash Flow Information
There were no noncash financing or investing activities for the year ended
September 30, 1996.
See accompanying notes to financial statements
5
C t
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Notes to Financial Statements
September 30, 1996
(1) Organization and Summary of Significant Accounting Policies
Organization
The Hawaii County Economic Opportunity Council (HCEOC) was
incorporated in the State of Hawaii on May 27, 1965. HCEOC
is a Community Action Agency that provides services for 1ow-
income, elderly and handicapped individuals in Hawaii County.
The operations of HCEOC are funded primarily through grants
and contracts from federal, state and county governmental
agencies. These grants and contracts comprise approximately
78 percent of HCEOC~s total support and revenue.
Basis of Accounting
The financial statements have been prepared on the accrual
basis of accounting in accordance with the AICPA industry
audit guide "Not-For-Profit Organizations.
Financial Statement Presentation
For the year ended September 30, 1996, HCEOC has adopted
Statement of Financial Accounting Standards (SFAS) No. 117,
"Financial Statements Not-For-Profit Organizations". Under
SFAS No. 117, HCEOC is required to report information
regarding its financial position and activities according to
three classes of net assets: unrestricted net assets,
temporarily restricted net assets, and permanently restricted
net assets. In addition, HCEOC is required to present a
statement of cash flows. In accordance with this statement,
HCEOC has reclassified its financial statements to present the
three classes of net assets required. This reclassification
had no effect on the change in net assets for 1996.
Property and Equipment
Land and building consist of property contributed to HCEOC.
The property has been recorded at fair value based on the
assessed value for real property tax purpose.
Leasehold improvements include the cost of the newly
constructed human services complex that serves as the HCEOC
main facility.
Vehicles and equipment are stated at cost at the date of
acquisition or at fair market value at the time of donation.
Major renewals and betterments are included in the equipment
fund while repairs and maintenance which do not improve or
extend the lives of assets are charged to expense.
6
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HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Notes to Financial Statements, Continued
Depreciation on all property and equipment is calculated by on
the straight-line basis over the estimated useful lives of the
respective assets.
Deferred Grant Revenue
The HCEOC received cash payments in advance of incurred
expenses for certain programs funded by governmental sources.
These advance payments are reflected as deferred revenue in
the accompanying financial statements.
Contributions
The HCEOC adopted SFAS No. 116, "Accounting for Contributions
Received and Contributions Made", for the year ending
September 30, 1996. In accordance with SFAS No. 116,
contributions received are recorded as unrestricted,
temporarily restricted, or permanently restricted support,
depending on the existence and/or nature of any donor
restrictions. The effect of adopting SFAS No. 116 has
resulted in the restatement of the ending net assets as of
September 30, 1995. The increase of $250,000 in temporarily
restricted net assets represents the commitment of CIP funds,
by the State of Hawaii, for completion costs related to the
human services complex.
Income Taxes
HCEOC is classified as a tax-exempt organization under Section
501(c)(3) of the Internal Revenue Code .and is exempt from
Federal and State income taxes.
Contributed Services
Contributed services do not meet the criteria set forth in
SFAS No. 116 for recognition in the financial statements and,
therefore have not been recorded. However, a number of
volunteers have donated their time to the Head Start program
and an estimate of the value of these donated hours are
reported to the Department of Human Services to be included in
HCEOC's 20~ matching fund requirement for federal Head Start
funds.
Comparative Financial Information
The information shown for 1995 in the accompanying financial
statements is included to provide a basis for comparison with
1996 and represents summarized totals only.
7
u
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Notes to Financial Statements, Continued
Estimates
The preparation of financial statements in conformity with
generally accepted accounting principles requires management
to make estimates and assumptions that affect the reported
amounts of assets and liabilities and disclosure of contingent
assets and liabilities at the date of the financial statements
and the reported amounts of revenue and expenses during the
reporting period. Actual results could differ from those
estimates.
(2) Notes Payable to Banks
HCEOC has a line of credit with Bank of Hawaii of $60, 000
for working capital purposes. Advances under this line are
available through 90 day notes, with principal and interest
_ due at maturity. Interest is computed at 1.5 percent over the
bank's base rate. At September 30, 1996, HCEOC had no
outstanding advances under this line of credit.
HCEOC note payable to the Bank of Hawaii, taken out in
1995 to cover construction overrun costs associated with the
main facility, has a principal balance of $26,102 at September
30, 1996. The loan has a maturity date of March 1, 1997 with
an interest rate of 11.0 percent.
HCEOC also has two notes payable to Central Pacific Bank with
balances of $2,928 and $7,000 at September 30, 1996. These
notes bear interest rates of 10.5 and 11.0 percent mature on
October 2, 1996 and November 18, 1996 respectively.
(3) Pension Plan
HCEOC has anon-contributory defined contribution pension plan
covering most of the full time personnel. Employee
eligibility to participate is based on age and length of
service requirements. The annual contribution to the plan is
based on 7 percent of employee compensation. Pension expense
was $145,502 for the year ended September 30, 1996.
(4) Lease Obligations
HCEOC entered into a 55 year lease commitment with the
Department of Land and Natural Resources beginning June 24,
1994 for the property on which the new human services complex
has since been constructed- The lease calls for an annual
rental fee of $8,348 through June 23, 2014 at which time the
fee will be renegotiated.
8
O r
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL
Notes to Financial Statements, Continued
(5) Capital Improvements Proiect
The HCEOC contracted to construct a human services complex
that houses approximately twenty programs on a portion of a
parcel of land situated at Piihonua, South Hilo, Hawaii,
designated by Tax Map Key No. 2-3-32:1.
This project involved the lease of state land for relocation
of HCEOC's facilities to its new site in 1995. In fiscal year
1995 the State of Hawaii released $2.25 million, as a grant-
in-aid, of the $2.5 million appropriated by the 1993
legislature for construction of the complex. Construction
began in November 1994 and was completed one year later at
which time the final $250,000 was released for final costs.
(6) Donated Facilities and Services
HCEOC used administrative offices and classroom facilities
free of charge at several locations. The use of such
facilities were recorded on the financial statements based on
the estimated annual rental value of such facilities. HCEOC
also received transportation services from the County of
Hawaii for children enrolled in the Head Start Program. The
value of this service was estimated at $6 per child per round
trip.
A summary of in-kind contributions and expenses for the year
ended September 30, 1996 is as follows:
Head Start Program:
Rental value of donated facilities $ 128,187
Transportation 166,290
Total in-kind contributions and expenses $ 294,477
(7) Cash Designated
The $154 which is being held in an escrow account at the
Central Pacific Bank represents the residual interest on funds
which were appropriated by the State Legislature under Act 174
specifically for low interest loans for self-help home
construction on Hawaiian Homes lands on the island of Hawaii
in Panaewa and Keaukaha. Section 4 of Act 174 provided that
these moneys be disbursed to HCEOC, the organization
responsible for overseeing the self-help construction
projects. HCEOC is liable to the Department of Hawaiian Home
Lands (DHHL) for the appropriated funds until the lessees
assume their respective loans from DHHL.
9
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~ r',NNIFER L. DOSSER. W
CERTIFIED PUBLIC ACCOUNi'?,YC
Art Ac<oun[ing Corporation
688 Kinoole Stt<er, Suic< 201 • Hilo, Hawaii 96720 • Phon< (808) 969-3115 Faz (808) 969.7{63
Independent Auditors' Report on the Internal Control Structure
Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the financial statements of Hawaii County Economic Opportunity Council as of
and for the year ended September 30, 1996, and have issued my report thereon dated July 30,
1997.
I conducted my audit in accordance with generally accepted auditing standards and Government
Auditing Standards, issued by the Comptroller General of the United States, and the provisions
of Office of Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher
Education and Other Nonprofit Institutions". Those standards and OMB Circular A-133 require
that I plan and perform the audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement.
The management of Hawaii County Economic Opportunity Council is responsible for
establishing and maintaining an internal control structure. In fulfilling this responsibIlity,
estimates and judgments by management are required to assess"the expected benefits and related
costs of internal control structure policies and procedures. The objectives of an internal control
structure are to provide management with reasonable, but not absolute, assurance that assets are
safeguarded against loss from unauthorized use or disposition, and that transactions are executed
in accordance with management's authorization and recorded properly to permit the preparation
of financial statements in accordance with generally accepted accounting principles. Because of
inherent limitations in any internal control structure, ertrors or irregularities may nevertheless
occur and not be detected. Also, projection of any evaluation of the structure to future periods
is subject to the risk that procedures may become inadequate because of changes in conditions
or that the effectiveness of the design and operation of policies and procedures may deterioate.
In planning and performing my audit of the financial statements of Hawaii County Economic
Opportunity Council for the year ended September 30, 1996, I obtained an understanding of the
internal control structure. With respect to the internal control structure, I obtained an
understanding of the design of relevant policies and procedures and whether they have been
placed in operation, and I assessed risk in order to determine my auditing procedures far- the
purpose of expressing my opinion on the financial statements and not to provide an opinion on
the internal control structure. Accordingly, I do not express such an opinion.
12
J
My consideration of the internal control structure would not necessarily disclose all matters in
the internal control structure that might be material weaknesses under standards established by
the American Institute of Certified Public Accountants. A material weakness is a condition in
which the design or operation of one or more of the internal control elements does not reduce
to a relatively low level the risk that errors or irregularities in amounts that would be material
in relation to the financial statements being audited may occur and not be detected within a
timely period by employees in the normal course of performing their assigned functions. I noted
no matters involving the internal control structure and its operation that I consider to be material
weaknesses as defined above.
This report is intended for the information of the board of directors and management of Hawaii
County Economic Opportunity Council and the Department of Health and Human Services.
However, this report is a matter of public record and its distribution is not limited.
July 30, 1997
13
J
~ ENNIFER L. GOSSER7
CERTIFIED PUBLIC ACCOUNTANT
An Accounting Corporation
688 Kinoole S«eet. Suit< 201 • Hilo, Hawaii 96720 • Phon< (808) 969-3111 Fax (808) 969.7463
Independent Auditors' Report on Internal Controls -
Structure Used in Administering Federal Awards
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the financial statements of Hawaii County Economic Opportunity Council as of
and for the year ended September 30, 1996, and have issued my report thereon dated July 30,
1997. I have also audited the compliance of Hawaii County Economic Opportunity Council with
requirements applicable to major federal award programs and have issued my report thereon
dated July 30, 1997.
I conducted my audit in accordance with generally accepted auditing standazds, Government
Auditing_Standards, issued by the Comptroller General of the United States, and Office of
Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher Education and
Other Nonprofit Organizations". Those standards and OMB Circular A-133 require that I plan
and perform the audit to obtain reasonable assurance about whether the financial statements are
free of material misstatement and about whether Hawaii County Economic Opportunity Council
complied with laws and regulations, noncompliance with which would be material to a major
federal award program.
In planning and performing my audit for the year ended Septecrlber 30, 1996, I considered the
internal control structure of Hawaii County Economic Opportunity Council in order to determine
my auditing procedures for the purpose of expressing an opinion on the financial statements and
on its compliance with requirements applicable to major programs and to report on the internal
control structure in accordance with OMB Circular A-133. This report addresses my
consideration of internal control structure policies and procedures relevant to compliance with
requirements applicable to federal award programs. I have addressed internal control structure
policies and procedures relevant to my audit of the financial statements in a separate report date
July 30, 1997.
The management of Hawaii County Economic Opportunity Council is responsible for
establishing and maintaining an internal control structure. In fulfilling this responsibility,
estimates and judgments by management are required to assess the expected benefits and related
costs of internal control structure policies and procedures. The objectives of an internal control
structure are to provide management with reasonable, but not absolute, assurance that assets are
safeguarded against loss from unauthorized use or disposition, that transactions are executed in
accordance with management's authorization and recorded properly to permit the preparation of
financial statements in accordance with generally accepted accounting principles, and that federal
financial assistance programs are managed in compliance with applicable laws and regulations.
14
Because of inherent limitations in any internal control structure, errors, irregularities, oc
instances of noncompliance may nevertheless occur and not be detected. Also, projection of any
evaluation of the structure to future periods is subject to the risk that procedures may become
inadequate because of changes in conditions or that the effectiveness of the design and operation
of policies and procedures may deteriorate.
For the purpose of this report, I have classified the significant internal control structure policies
and procedures in the following categories:
Support, receivables and receipts
Expenses for program and accounts payable
Payroll and related liabilities
Government financial assistance programs
Property and equipment acquisitions and dispositions
Debt and related liabilities
General requirements ,
Political activity
Civil rights
Cash management
Federal financial reports
Allowable costs/cost principles
Drug-free workplace
Administrative requirements
Specific requirements
Types of services allowed or not allowed
Eligibility
Matching, level of effort or earmarking
Reporting
For all of the internal control structure categories listed above, I obtained an understanding of
the design of relevant policies and procedures and determined whether they have been placed
in operation, and I assessed control risk.
During the year ended September 30, 1996, Hawaii County Economic Opportunity Council
expended 95 percent of its total federal financial assistance under major federal award programs.
I performed tests of controls, as required by OMB Circular A-133, to evaluate the effectiveness
of the design and operation of internal control structure policies and procedures that I considered
relevant to preventing or detecting material noncompliance with specific requirements, general
requirements, and requirements governing claims for advances and reimbursements and amounts
claimed or used foc matching that are applicable to each of the Council's major federal award
programs, which are identified in the accompanying Schedule of Federal Awazds. My
15
a .
procedures were less in scope than would be necessary to render an opinion on these internal
control structure policies and procedures. Accordingly, I do not express such an opinion.
My consideration of the internal control policies and procedures used in administering federal
awards would not necessarily disclose all matters in the internal control structure that might
constitute material weaknesses under standards established by the American Institute of Certified
Public Accountants. A material weakness is a reportable condition in which the design or
operation of one or more of the internal control structure elements does not reduce to a relatively
low level the risk that noncompliance with laws and regulations that would be material to a
federal award program may occur and not be detected within a timely period by employees in
the normal course of performing their assigned functions. I noted no matters involving the
internal control structure and its operations that I consider to be material weaknesses as defined
above.
This report is intended for the information of the board of directors and management of Hawaii
County Economic Opportunity Council and the Department of Health and Human Services.
However, this report is a matter of public record, and its distribution is not limited.
July 30, 1997
16
~i~INIFER L. GOSSER'~
CERTIFIED PUBLIC ACCOUNT:~;1T
An Accounting Corporation
fi88 Kinaok S[ma, Suim 201 Hilo, Hawaii 96iZ0 Phone (808) 969.3115 Fax (808) 969.7{63
Independent Auditors' Report on Compliance Based
on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the financial statements of Hawaii County Economic Opportunity Council as of
and for the year ended September 30, 1996, and have issued my report thereon dated July 30,
1997.
I conducted my audit in accordance with generally accepted auditing standards; Government
Auditing_Standards, issued by the Comptroller General of the United States, and the provisions
of Office of Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher
Education and Other Nonprofit Organizations". Those standards and OMB Circular A-133
require that I plan and perform the audit to obtain reasonable assurance about whether the
financial statements are free of material misstatement.
Compliance with laws, regulations, contacts and grants applicable to Hawaii County Economic
Opportunity Council is the responsibility of Hawaii County Economic Opportunity Council's
management. As part of obtaining reasonable assurance about whether the fmancial statements
are free of material misstatement, I performed tests of Hawaii County Economic Opportunity
Council's compliance with certain provisions of laws, regulations, contracts and grants.
However, the objective of my audit of the financial statements was not to provide an opinion on
overall compliance with such provisions. Accordingly, I do not express such an opinion.
The results of my tests disclosed no instances of noncompliance that are required to be reported
under Government Auditine Standazds.
I noted no immaterial instances of noncompliance.
This report is intended for the information of the board of directors and management of Hawaii
County Economic Opportunity Council and the Department of Health and Human Services.
However, this report is a matte of public record and its distribution is not limited.
-ram--
July 30, 1997
17
~NNIFER L. DOSSER
V CERTIFIED r VBLIC ACCOUNT?.NT
An Accounting Corporation
699 Kinoole Scrcet, Suite ZO1 • Hila, Hawaii 96720 • Phonc (808) 969J115 Fax (808) 969-7{63
Independent Auditors' Report on Compliance
with Specific Requirements Applicable to
Maior Federal Financial Award Programs
The Board of Directors
Hawau County Economic Opportunity Council:
I have audited the fmancial statements of Hawau County Economic Opportunity Council as of
and for the year ended September 30, 1996, and have issued my report thereon dated July 30,
1997.
I have also audited Hawaii County Economic Opportunity Council's compliance with the
requirements governing types of services allowed or unallowed; eligibility; matching, level of
effort, or earmarking; reporting; claims for advances and reimbursements; and amounts claimed
or used for matching that are applicable to each of its major federal award programs, which are
identified in the accompanying Schedule of Federal Awards, for the year ended September 30,
1996. The management of Hawaii County Economic Opportunity Council is responsible for the
Council's compliance with those requirements. My responsibility is to express an opinion on
compliance with those requirements based on my audit.
I conducted my audit in accordance with generally accepted auditing standards; Government
Auditing Standards, issued by the Comptroller General of the United States and the provisions
of Office of Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher
Education and Other Nonprofit Organizations". Those standards and OMB Circular A-133
require that I plan and perform the audit to obtain reasonable assurance about whether material
noncompliance with the requirements referred to in the second paragraph occurred. An audit
includes examining, on a test basis, evidence about the Council's compliance with those
requirements. I believe that my audit provides a reasonable basis for my opinion.
The results of my audit procedures did not disclose any immaterial instances of noncompliance
with the requirements referred to in the second paragraph.
In my opinion, Hawaii County Economic Opportunity Council complied, in all material respects,
with the specific requirements referred to in the second paragraph that are applicable to each of
its major federal programs for the year ended September 30, 1996.
This report is intended for the information of the board of directors and management of Hawaii
County Economic Opportunity CouncIl and the Department of Health and Human Services.
However, this report is a matter of public record and its distribution is not limited.
-mss - '
July 30, 1997
18
,NNIFER L. DOSSER. ' '
• CERTIFIED PUBLIC ACCOUNTANT
An Accounting Corporation
688 Kinoole Streer, Suitc Z01 • Hilo, Hawaii 96iZ0 • Phone (808) 969-3111 Fax (808) 969.7463
Independent Auditors' Report on Compliance
with the General Requirements Applicable to
Federal Award Pm ,grams
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the financial statements of Hawaii County Economic Opportunity Council as of
and for the year ended September 30, 1996, and have issued my report thereon dated July 30,
1997.
I have applied procedures to test Hawaii County Economic Opportunity Council's compliance
with the following requirements applicable its federal awards programs, which are identified in
the accompanying Schedule of Federal Awards, for the year ended September 30, 1996:
political activity, civil rights, cash management, federal fmancial reports, allowable costs/cost
principles, drug-free workplace, and administrative requirements.
My procedures were limited to the applicable procedures described in the Office of Management
and Budget's "Compliance Supplement for Single Audits of Educational Institutions and Other
Nonprofit Organizations". My procedures were substantially less in scope than an audit, the
objective of which is the expression of an opinion of Hawaia~County Economic Opportunity
Council's compliance with the requirements listed in the preceding paragraph. Accordingly, I
do not express such an opinion.
With respect to the items tested, the results of those procedures disclosed no material instances
of noncompliance with the requirements listed in the second paragraph of this report. With
respect to items not tested, nothing came to my attention that caused me to believe that Hawai
County Economic Opportunity Council had not complied in all material respects, with those
requirements. Also, the results of my procedures did not disclose any immaterial instances of
noncompliance with those requirements.
This report is intended for the information of the board of directors and management of Hawai
County Economic Opportunity Council and the Department of Health and Human Services.
However, this report is a matter of public record and its distribution is not limited.
July 30, 1997
19
.:NNIFER L. DOSSER:
CERTIFIED PUBLIC ACCOUNT:4NT
An Accounting Corporation
688 Kinoolt Sttttt, Sui¢ 201 • Hilo, Hawaii 96720 • Phont (808) 969.3115 Fax (808) 969.7463
Independent Auditors' Report on Compliance
with Specific Requirements Applicable to Nonmajor
Federal Awards Program Transactions
The Board of Directors
Hawaii County Economic Opportunity Council:
I have audited the financial statements of Hawaii County Economic Opportunity Council as of
and for the yeaz ended September 30, 1996, and have issued my report thereon date July 30,
1997.
In connection with my audit of the financial statements of Hawaii County Economic Opportunity
Council, and with my consideration of the Council's internal control structure used to adnunister
federal awards programs, as required by Office of Management and Budget (OMB) Circular A-
133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations", I selected
certain transactions applicable to certain nonmajor federal financial assistance programs for the
year ended September 30, 1996.
As required by OMB Circular A-133, I have performed auditigg procedures to test compliance
with the requirements governing types of services allowed or unallowed and eligibility that are
applicable to those transactions. My procedures were substantially less in scope than an audit,
the objective of which is the expression of an opinion on the Organization's compliance with
these requirements. Accordingly, I do not express such an opinion.
With respect to the items tested, the results of those procedures disclosed no material instances
of noncompliance with the requirements listed in the preceding paragraph. With respect to items
not tested, nothing came to my attention that caused me to believe that Hawaii County Economic
Opportunity Council had not complied in all material respects, with those requirements. Also,
the results of my procedures did not disclose any immaterial instances of noncompliance with
the requirements.
This report is intended for the information of the board of directors and management of Hawaii
County Economic Opportunity Council and the Department of Health and Human Services.
However, this report is a matter of public record and its distribution is not timited.
July 30, 1997
20