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HomeMy WebLinkAboutCOM 0969.000 1996-1998Stephen K. Yamashiro Mayor AT QLauldv of Pttfuldi OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, HawaN 96720.4262 • (808) 961.8251 • Fax (808) 961-8622 August 31, 1998 The Honorable James Y. Arakaki Chairperson Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairperson Arakaki: Richard Wurdeman Corporation Counsel Re: Submittal of Resolution Authorizing the Office of the Mayor to Enter Into Negotiated Agreement for Services GOCY 96-08-05 With the Department of Human Services State of Hawaii for Child Care Coordinator Services The attached resolution concerns the provision of $57,000.00 in federal grant funding received from the Department of Human Services, State of Hawaii, for a Child Care Development Coordinator position under the supervision of the Office of the Mayor, in cooperation with the Mayor's Advisory Committee on Children and Youth. During the previous two fiscal years, the County Council has passed appropriation ordinances which amended the operating budget to include funding for this program. See ordinance numbers 96-91 and 97-124. However, no such appropriation ordinance has yet been passed by the council appropriating the $57,000.00 for this fiscal year and the current operating budget, as reflected by Ordinance No. 98-49, does not include this amount under the Child Care Development Miscellaneous Contract Services account. Hawaii Revised Statutes, §46-7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. Supplemental Agreement No. 2 to Negotiated Agreement for Services GOCY 96-08-05 cannot be approved as to form and legality by our office until the Office of the Mayor receives the consent of the County Council to enter into Negotiated Agreement for Services GOCY 96-08-05. In compliance with and pursuant to Hawaii Revised Statutes, §46-7, we respectfully request that the above -referenced resolution be placed on the agenda and considered by the County Council at the earliest possible convenience. SEP il 2 The Honorable James Y. Arakaki August 31, 1998 Page 2 Thank you for your kind attention to this matter. Please feel free to contact me if you have any questions or concerns. Sincerely, RICHARD D. WURDEMAN Corporation Counsel B Y LENN H. SHUGI Deputy Corporation Counsel GHS:pc Enclosure cc: Mayor Stephen K. Yamashiro Mayor's Advisory Committee on Children and Youth gs:arakaki.ghs R.es . 3I4 -9 9 Stephen K. Yarnashiro Mayor 0 97J?o (9jauittg of'MIU21H OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720. 262 . (808) 9613251 • Fax (808) 961.8622 August 18, 1998 The Honorable Stephen K. Yamashiro Mayor, County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mayor Yamashiro: Richard Wurdetran corporation coua l Re: Resolution to Execute Supplemental Agreement No. 2 With Department of Human Services Relating to Negotiated Agreement for Services (GOCY 96-08-05) The above -referenced document concerns the provision of $57,000.00 in federal grant funding from the Department of Human Services for a Child Care Development Coordinator position under the supervision of the Office of the Mayor, in cooperation with the Mayor's Advisory Committee on Children and Youth. During the previous two fiscal years, the County Council has passed appropriation ordinances which amended the operating budget to include funding for this program. See ordinance numbers 96-91 and 97-124. However, no such appropriation ordinance has yet been passed by the council appropriating the $57,000.00 for this fiscal year and the current operating budget, as reflected by Ordinance No. 9849, does not include this amount under the Child Care Development Miscellaneous Contract Services account. We are unable to approve the above -referenced document as to form and legality until an appropriation ordinance or a resolution complying with the requirements of Hawaii Revised Statutes §46-7 is passed by the County Council. Please submit the attached resolution to the council for their consideration. Supplemental Agreement No. 2 may be resubmitted to our office for approval as to form and legality as soon as the council passes this resolution. GHS:pc Enclosure gs:tnayo12.wpd Sincerely, RICHARD D. WURDEMAN Corporation Counsel gyp/� GLENN H. SHIRR Deputy Corporation Counsel 7 11 BENJAMIN J. CAYETANO GOVERNOR STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES P. 0. Box 339 Honolulu, Hawaii 96809-0339 July 22, 1998 TO: The Honorable Steven Yamashiro, Mayor County of Hawaii FROM: Susan M. Chandler Director SUSAN M. CHANDLER, M.S.W., M.D. DIRECTOR KATHLEEN O. STANLEY DEPUTY DIRECTOR 01 r?, ,k u SUBJECT: FY 1999 - SUPPLEMENTAL AGREEMENT NUMBER 2 RELATING TO NEGOTIATED AGREEMENT FOR SERVICES (GOCY 96-08-05) Enclosed is the Negotiated Agreement for Services between the Office of the Mayor and the Department of Human Services. The Supplemental Agreement Number 2 to provide an Early Childhood and Care Coordinator for the children and families of the County of Hawaii, reflects a change in the Scope of Services, and extends the time schedule from July 1, 1998 through June 30, 1999, with the compensation amount of $57,000. Please review the Agreement, sign the signature pages, notarize the - Contractor's Acknowledgement page of the Agreement (tabbed pages), and return them to our office. We will then proceed to finalize the Agreement, return an executed copy to you, and set a meeting date with the Child Care Coordinator to further define activities and outcomes FY 1999 to be incorporated into the Agreement. Should you have any questions, please contact Program Specialist, Jacqueline Rose at 586-7058. • / �or Director OF Enclosure c: Angela Thomas Jean Viernes /- AN EQUAL OPPORTUNITY AGENCY STATE OF HAWAII SUPPLEMENTAL AGREEMENT NO. 2 TO AGREEMENT GOCY 96-08-5 #nSW#FVWMWrAWWW6r0MrWn&Jon/ OFFICE OF THE MAYOR, CITY 6 COUNTY OF HAWAII L This.Supplemental Agreement No. 2 executed on the respective dates indicated below, is effective as of JULY I . 199_± between the DEPARTMENT OF HUMAN SERVICES State (k0Wft n e(tuoo 0"WVWK SONW, OOonl amer ) of Hawaii (hereinafter'STATE'), by its DIRECTOR tomm Oft of stato offiew ex"Ub p oprwraw whose address is P.0- BOX 339, HONOLULU, HAWAV I 96813 and OFFICE OF THE MAYOR, CITY S COUNTY OF HAWAV I (hereinafter 'CONTRACTOR'), a MUNICIPALITY (mprt %www~-' p&� * 70IN veno.' ^sob WOPnooaa W or 0awk9w lam W the cowwwtl under the laws of the State of HAWAi v I . whose business address and taxpayer identification number are as follows: 25 AUPUNI STREET, HILO, HAWAII 96720 A. WHEREAS, the STATE and the CONTRACTOR entered into an Agreement GOCY 96-08-5 (nsrt 07""Mm numw a 000 oorayng nrormoow) OFFICE OF THE MAYOR, C4i6 COUNTY OF HAWAII dated JUNE 15 199.6 which was amended by Supplemental Agreement No(s). Aoawv (lel 1 , dated JULY 1, 1997 (hereinafter collectively referred to as "Agreement") whereby the CONTRACTOR agreed to provide the goods or services described in the Agreement, and B. WHEREAS, the parties now desire to amend the Agreement, NOW, THEREFORE, the STATE, and the CONTRACTOR mutually agree to amend the Agreement as follows: (Check applicable box(es)) ® Amend the SCOPE OF SERVICES according to the terms set forth in Attachment S1, which is attached hereto and is incorporated herein. ® Amend the TIME OF PERFORMANCE according to the terms set forth in Attachment S2, which is attached hereto and is incorporated herein. M Amend the COMPENSATION AND PAYMENT SCHEDULE according to the terms set forth in Attachment S3, which is attached hereto and is incorporated herein. 3 Amend the SPECIAL CONDITIONS according to the terms set forth in the Supplemental Special Conditions, which is attached hereto and incorporated herein. A tax clearance certificate from the State of Hawaii 0 is 0 is not required to be submitted to the STATE prior to commencing any performance under this Supplemental Agreement. A tax clearance certificate from the Internal Revenue Service 0 is 0 is not required to be submitted to the STATE prior to commencing any performance under this Supplemental Agreement. Unless amended herein, the Agreement shall remain in full force and effect 2 eaa 4v(1114) IN VIEW OF THE ABOVE, the STATE and the CONTRACTOR execute this Supplemental Agreement No. z by their signatures on the dates below. -- -- �:.N CGuNSEL CJL;J; .Y Or H,%VV—;l APPROVED AS TO FORM: Deputy Attorney General STATE: By Print Name SUSAN M. CRAMMER Title DIRECTOR Date FUNDING AGENCY (to be signed by head of funding agency Uothsr then the Aelomey General) By Print Name SUSAN M. CUNDLER Title DIRECTOR Date CONTRACTOR: By Print Name Title Date 'EwaMo.d.uearyaen. cme.para,.p...�nw. ao rp� mr s,�ppMmr.rAp..eree..ca.waiw. 3 Aas»woPM STATE OF HAWAII ss: COUNTY OF HAWAII On this day of , 19 , before me, , the undersigned Notary Public, personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said COUNTY OF HAWAII; that the foregoing instrument was signed and sealed on behalf of COUNTY OF HAWAII by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said COUNTY OF HAWAII. Notary Public, State of Hawaii My commission expires: CERTIFICATION OF EXEMPTION FROM CML SERVICE By Heads of State Departments or Agencies Pursuant to Delegation of the Director of Human Resources Deveiopment' Pursuant to the delegation of the authority by the Director of Human Resources Development, I certify that the services provided under this Agreement, and the person(s) providing the services udder this Agreement are exempt from the civil service, pursuant to Hawaii Revised Statutes §76-16. (signature) Print Name Print Title (date) 2. By the Dlroctor of Human Resources Development, State of Hawaii= I certify that the services provided under this Agreement, and the person(s) providing the services under this Agreement are exempt from the civil service, pursuant to Hawaii Revised Statutes §76-16(_,). (signature) Print Name Print Title, if designee of Director of Human Resources Development (date) tTbis put of the farm may be wed by all department heads and others to wb® the DhWW of Human Reso ee; Devebpmm2 bas delegated oohocity to certify Hawaii Revised Stoners action 76-16 civil service c=puoos. The spea5c pungtapb(s) of seaim 76-16 upon which an essanpbon is based should be noted m the omvsa f e. NOTE: Autbority to certify owepoem uodw Hawaii Revised Stmna sem 76-16(2) and 76-16(3) has not been dekgated: only the Dcuaac of Hum— Raaacas Development may certify seances 76-16(2) and 76-16(3) exxpnam. This put of the form may be used any by the Dmtor of Human Reaaocea Development or the Dueaafs designee. See NOTE at footnote 1. Aaa.w(INT) STANDARDS OF CONDUCT DECLARATION For the purposes of this declaration: "Agency' means and includes the State, the legislature and its committees, all executive departments, boards, commissions, committees, bureaus, offices, the University of Hawaii, and all independent commissions and other establishments of the state government but excluding the courts. "Controlling interest' means an interest in a business or other undertaking which is sufficient in fact to control, whether the interest is greater or less than fifty per cent (50%). 'Employee' means any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, and employees under contract to the State or of the constitutional convention, but excluding legislators, delegates to the constitutional convention, justices, and judges. On behalf of CONTRACTOR, the undersigned does declare as follows: 1. CONTRACTOR O is O is not a legislator or an employee or a business in which a legislator or an employee has a controlling interest.' 2. CONTRACTOR has not been assisted or represented by a legislator or employee for a fee or other compensation to obtain this Supplemental Agreement and will not be assisted or represented by a legislator or employee for a fee or other compensation in the performance of the Supplemental Agreement, if the legislator or employee had been involved in the development or award of the Supplemental Agreement. 3. CONTRACTOR has not been assisted or represented for a fee or other compensation in the award of this Supplemental Agreement by an Agency employee or, in the case of the Legislature, by a.legislator. 4. CONTRACTOR has not been represented or assisted personally on matters related to the Supplemental Agreement by a person who has been an employee of the Agency within the preceding two (2) years and who participated while in state office or employment on the matter with which the Supplemental Agreement is directly concerned. 5. CONTRACTOR has not been represented or assisted on matters related to this Supplemental Agreement, for a fee or other consideration by an individual who, within the past twelve (12) months, has been an Agency employee, or in the case of the Legislature, a legislator. 6. CONTRACTOR has not been represented or assisted in the award of this Supplemental Agreement for a fee or other consideration by an individual who, a) within naaUPPuAn the past twelve (12) months, served as an Agency employee or in the case of the Legislature, a legislator, and b) participated while an employee or legislator on matters related to this Supplemental Agreement. CONTRACTOR understands that the Supplemental Agreement to which this document is attached is voidable on behalf of the STATE if this Supplemental Agreement was entered into in violation of any provision of chapter 84, HRS, commonly referred to as the Code of Ethics, including the provisions which are the source of the declarations above. Additionally, any fee, compensation, gift, or profit received by any person as a result of a violation of the Code of Ethics may be recovered by the STATE. DATED: Hawaii, 19 CONTRACTOR M Title 'Reminder to Agerny: If'ie is checked, the Agency is required, under section 8415, HRS, to file with the State Ethics Commission, ten (10) days before the Supplemental Agreement is entered into, a written justification as to why the Supplemental Agreement was not required to be competitively bid. A^'7Zn-V:!) AS TO F. ^M AND LEGALITY: CEPUTY CORPOP,iTION COUNSEL COUNTY Of HAWAII Ca AOSupp (1Nh JUL-30-98 11:93 FROM:SESSD ID:589 51E30 PACE 3/7 SCOPE OF SERVICES Attachment S1 This Scope of Service replaces scope as set forth in the original agreement dated June 15, 1996, and Supplemental Agreement Number 1 dated July 1, 1997. The CONTRACTOR shall, In a proper and satisfactory manner, as determined by the STATE, provide a Child Care Coordinator (hereinafter Coordinator) for the County of Hawaii who shall be under the supervision of the Office of the Mayor, County of Hawaii, In cooperation with the Mayor's Advisory Committee on Children and Youth. The Coordinator shall continue to work with the Department, the Mayor's Advisory Committee, the County of Hawaii Community Council, and the Good Beginnings Alliance, In the collaborative effort to accomplish the priority outcomes as outlined in the original Good Beginnings Five Year Plan for the County of Hawaii developed in 1997. These outcomes are accomplished by the County of Hawaii Community Council's identification of goals, measurable objectives, activities to meet the objectives, identified target groups to be served, accomplishment of the outcomes, and measurement of the outcomes, as defined within five general areas: Families in the System; Assuring Quality Programs and Service; System Coordination and Accountability; System Financing and Resource Development; and, Public Education and Engagement. A. The Coordinator shall be responsible for facilitating the second year implementation phase of the plan's priority outcomes, to include activities, resources and training that improve the availability, affordability, and quality of child care for children ages birth to five (5) years old, Including children with special needs, with emphasis on, but not restricted to the following: 1. Provide leadership and the convening of the County of Hawaii Community Council; 2. Facilitate coordination of the community council's efforts by increasing membership, establishing subcommittees for project implementation, preparing monthly reports, and assisting in the definition, promotion and accomplishment of initiatives that address the needs of the county's young children and their families; 3. Staff meetings of and prepare monthly reports for the Mayor's AG -Supp 11 /98) JUL-30-98 11=43 FROM=eESSD ID:SBB 5180 PAGE 4/7 Attachment S1 Advisory Committee on Children and Youth and assist in promoting the committee's Initiatives in addressing the needs of children from birth to the age of five (5) years old, including children with special needs In the County of Hawaii. 4. Coordinate record keeping and collection of data for the project, as required by the County and the State; 5. Participate on the Department of Human Service's Statewide Child Care Advisory Committee for improving the availability, affordability, and quality of child care; 6. Review and analyze state and county legislation pertaining to children and appropriations for services on their behalf. In regard to such legislation, submit findings and appropriate recommendations to the Department, Mayor, County Council, Good Beginnings Alliance, and/or the County of Hawaii's representatives to the State Legislature; 7. Develop grant proposals for the county in an effort to increase the availability of public and private funds for county level ECEC system development. Facilitate ECEC resource sharing and in-kind support within the county; 8. Participate in the following meetings; Four coordinator meatings with the Department, once a quarter, or as otherwise specified by the Department; and, four Good Beginning's Alliance meetings on Oahu, once a quarter. (The total number of inter -island travel will not exceed eight trips, that is, two per quarter, unless requested by the Department.) 9. Submit optional community education project description to the department for approval, In the case that the community council and coordinator choose a community activity instead of, or in addition to a conference; reference budget, EXHIBIT A. B. The Coordinator and the Community Council shall; 1. In collaboration with the Mayor's Advisory Committee on Children. and Youth, review, refine and update, the incremental five year action Ag-SUDP (1198) JUL-30-S8 11:44 FROM:BESSD [D:SBS 5160 PACE 5/7 Attachment S1 plan for early childhood education and care in the County of Hawaii. The plan identifies areas of need, and recommends activities to fill those needs or gaps in services; 2. For each identified initiative/goal for FY 1999: Establish measurable objectives, corresponding activities to meet the objectives, identify the targeted population group to be served, define anticipated outcomes, and outcome measurements; 3. Accomplish implementation of identified initiatives/goal for FY 1999, and update a corresponding Timeline Table; 4. Compile, maintain, and disseminate information on existing child care resources and available funding sources, and demand for services data; 5. Develop, plan, and implement activities and programs to increase public awareness and involvement concerning the value of early childhood education and care; 6. Assess the social, economic and physical data on the demand for services to support the implementation of strategies as needed; 7. Facilitate ECEC resource sharing and in-kind support within the county to promote shared goals. C. The STATE shall provide: a. Quarterly meetings to support the collaborative exchange between counties; b. Technical assistance to the coordinator for the definition of county goals, objectives and measurable outcomes for FY 1999; C. Review findings and recommendations of state and county legislation pertaining to children and appropriations for services on their behalf. AG -Supp (1/98) JUL-30-99 11=44 FROM=BESSD ID=566 5160 PAGE 6/7 Attachment St D. The CONTRACTOR shall provide to the STATE the following reports: 1. Quarterly written progress reports which include: a. Quantitative information about the number of contacts and agencies they are working with, number of meetings attended and purpose of meeting, data on community council projects In Hawaii County; b. Descriptive summaries of progress in developing items A -B of the Scope of Services. C. Financial report of actual monthly expenditures in each of the budget categories as listed In EXHIBIT A; d. Updated strategies/action steps form and corresponding timetable; e. One copy of the Big Island Community Council's meeting minutes for meetings held during the quarter; f. One copy of GBA meeting minutes/notes for quarter's attendance, and minutes/notes from any other significant meeting pertinent to the implementation and continuance of Initiatives; and the collaborative growth of the Big Island's child care efforts; g. Other information as may be requested by the STATE. 2. The CONTRACTOR shall provide the STATE with a final written summary report to include: a. Cumulative data for the Agreement period; b. Summary descriptions of activities in cooperation and collaboration with other community agencies; G. Narrative assessment of the success in meeting the goals and objectives of the five year plan for early childhood education and care and this Agreement; Aa -Supp 0 /98) JUL-30-SB 11:45 FROM:SESSO ID -S66 5180 PAGE 7/7 Attachment S1 d. Updated listing of initiatives/activities defined in the following five general areas: Families in the System, Assuring Quality Programs and Service, System Coordination and Accountability, System Financing and Resource Development, and Public Education and Engagement; details to show FY 1999 accomplishments, and defined Initiatives for FY 2000; e. Activities timetable that corresponds to the initiatives/activities for FY 1999, and defined for FY 2000; f. An inventory of all supplies and equipment purchased with funds furnished under this Agreement. E. The CONTRACTOR shall sign and require any subcontractors to sign EXHIBITS C, D, E, F, and H attached hereto and incorporated by reference. In addition, the CONTRACTOR shall comply with and insure that all subcontractors will comply with terms and conditions provided in EXHIBIT G, attached hereto and incorporated by reference. F. The CONTRACTOR shall agree to abide by all the Federal regulations as legislated by Public Law 101-508, Omnibus Budget reconciliation Act of 1990. G. Upon termination of this Agreement, title to all equipment costing 650 or more purchased with funds provided under this agreement shall be transferred to the STATE at the request of the STATE. H. The CONTRACTOR shall, at the request of the STATE, meet with representatives of the STATE to discuss the progress of this Agreement. AG -Supp (1/98) Attachment S2 TIME OF PERFORMANCE The CONTRACTOR shall provide the services required under this Agreement from June 15, 1996 through June 30, 1997, and July 1, 1997 through June 30, 1998, and extended HEREIN from July 1, 1998 through June 30, 1999, provided funds are available, or unless this Agreement is sooner terminated as hereinafter provided. The State may extend the period, to be determined on a year to year basis, subject to availability of funds, the State's determination of need, and the State's determination of satisfactory performance. If the performance period is extended, the State may adjust the Scope of Services with a commensurate adjustment in compensation. In the case of noncontinuance, CONTRACTOR will be given written notice 30 days before contract termination, that is May 31, 1999. A plan for implementation of services is outlined in Attachment S1. Service hours include normal work week hours, as well as evening and weekend hours. The CONTRACTOR shall submit quarterly written progress reports no later than thirty (30) days after the end of a quarter. Quarterly reports are due: a. October 30, 1998 b. January 30, 1999 C. April 30, 1999 d. July 30, 1999 The CONTRACTOR shall submit the final Subgrantee's Invoice and Expenditure Report (hereinafter SIER) no later than July 30, 1999. The CONTRACTOR shall submit the final summary report no later than thirty (30) days after the end of this Agreement, or July 30,1999. Except for the change noted above, there shall be no other changes with respect to the Time of Performance as set forth in the Negotiated Agreement for Child Care Coordinator services. AG -Supp (1/98) Attachment S3 COMPENSATION AND PAYMENT SCHEDULE In full consideration for the services satisfactorily performed, according to the State's determination, by the CONTRACTOR under this Agreement, the STATE agrees, to pay the CONTRACTOR a total sum of money not to exceed FIFTY- SEVEN THOUSAND AND NO/100 ($ 57.000) for the extended Agreement period of July 1, 1998 through June 30, 1999. In addition to the change noted above, there shall be respective changes in the Compensation Budget, EXHIBIT A AS ATTACHED, for Child Care Coordinator services, extended Agreement period of July 1, 1998 through June 30, 1999. AG -Supp (1/98) OKI[ :M.r . HAWAII COUNTY CHILD CARE COORDINATOR COMPENSATION BUDGET FOR THE PERIOD OF 7/1/98 TO 6/30/99 PERSONNEL SERVICES $50,000 INTER -ISLAND TRAVEL 1,360 ($170/day air & taxi for two trips per quarter) CONFERENCE AND/OR COMMUNITY EDUCATION 2,000 (In-state and/or out-of-state, travel, registration, hotel) (County community projects preapproved by department)) AUTO ALLOWANCE 1,040 ADVERTISING 350 OFFICE SUPPLIES 550 POSTAGE 400 PRINTING & BINDING 750 SUBSCRIPTIONS, MEMBERSHIP, REGISTRATIONS 550 TOTAL $57,000 (Note: Each category above, shall be a line item expense recorded on the SIER.) SPECIAL CONDITIONS Certifications required by the Federal funding source (Exhibits C -H) are attached. 2. The CONTRACTOR shall submit to the STATE reports as the STATE may from time to time require, such as monthly SIER, progress reports on the performance of services and information required by the STATE for its budget program reports and its reports under the Federal grant. The CONTRACTOR shall submit reports in the appropriate formats and within the deadlines specified by the STATE. 3. The CONTRACTOR shall, in accordance with generally acceptable accounting practices, maintain fiscal records, supporting documents and related files, papers, and reports that adequately reflect all direct and indirect expenditures and management and fiscal practices related to the CONTRACTOR's performance of services under this Agreement. The STATE, the Comptoller General of the United States, and any of their authorized representatives, the committees (and their staffs) of the Legislature of the State of Hawaii, and the Legislative Auditor of the State of Hawaii shall have the right of access to any book, document, paper, file, or other examination or to make excerpts and transcripts for the purposes of monitoring and evaluating the CONTRACTOR's performance of services and the CONTRACTOR's program, management, and fiscal practices to assure the proper and effective expenditure of funds under this Agreement. The right of access shall not be limited to the required retention period but shall last as long as the records are retained. The CONTRACTOR shall retain all records related to the CONTRACTOR's performance of services under this Agreement for at least three (3) years after the date of submission of the CONTRACTOR's final expenditure report, except that if any litigation, claim, negotiation, investigation, audit, or other action involving the records has been started before the expiration of the three-year period, the CONTRACTOR shall retain the records until completion of the action and resolution of all issues that arise from it, or until the end of the regular three-year retention period, whichever occurs later. 4. The CONTRACTOR shall have an independent certified public accountant conduct a financial and compliance audit in accordance with the guidelines of the OMB Circular A- 128, or in accordance with Federal laws and regulations governing the program in which they participate. Failure to comply with the provisions of this paragraph may result in the withholding of payments to the CONTRACTOR. Exhibit C page 1 of 2 HHS CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS: GRANTEES OTHER THAN INDIVIDUALS Instructions for Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. 1) This certification is required by regulations implementing the Drug -Free Act of 1988, 45 CFR Part 78, Subpart F. The regulations, published in the May 25. 1990 Federal Register, require certification by grantees that they will maintain a drug-free workplsee. The certification set out below is a material representation of fact upon which reliance wig be placed when the Department of Health and Human Services (HHS) dew.. .nes 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-Frse Workplace Act. HSS. in addition to any other remedies available to the Federal Government, may take aeoon authorized under the Drug -Free Workplace Act. 2) Workplaces under grams. for gramses other than individuals. need not be identified on the certification. If known, they may be identified in the gram application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplaces) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 3) Workplace identifications must include the actual address of buildings for parts of buildings) or other sites where work under the gram takes place. Categorical descriptions may be used (e.g., aY vehicles of a mass trwit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). 41 It the workplace identified to the agency changes during the performance of the gram, the grantee shall inform the agency of the enange(s). if it previously identified the workplaces in question (see above). 51 DMinitions of terms in the Nonproc:urament Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions tram thus ruin: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act t21 U.S.C. 212) and as further defined by regulation (21 CFR 1308.11 through 1308.15): *Conviction' moans a finding of guilt (including a piss of nolo comendsrs) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Fedard or State criminal drug sunutes: •Criminal drug statute' means a Federal or non -Federal criminal states involving the manufacture, distribution. dispensing, use. or possession of any controlled substance: 'Emptoyee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All direct emerge employees: (ii) All Indirect charge employees unless their impact or involvement Is insignificant to the performance of the gram: and, (iii) Temporary personnel and consultants who are directly, engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers. even if used to meet a matching requirement: consultants or indspendem contractors not on the grantee's payroll: or employees of subrecipiertts or subcontractors In covered workplaceal. Exhibit C page 2 of 2 The grantee certifies that it will or will continue to provide a drug-free workplace by: a) Publishing a statement notifying emcioyess that the 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 an ongoing drug-free awareness program to inform employees about — 11 The dangers of drug abuse in the workplace: 2) The grantee's policy of maintaining a drug-free workplace: 31 Any available drug counseling, rehabilitation, and empioyee assistance programs: and 41 The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace: c) Making it a requiremem that each employee to be engaged In the performance of the grant be given a copy of the statement required by paragraph (a): d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the gram. the employee will — 1) Abide by the tams of the statement: and 21 Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction: e) Notifying the agency in writing, within tan calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employaes must provide notice, including position title, to every gram officer or other designee on whose gram activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(al of each affected gram f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is to convicted: 11 Taking appropriate personnel action against such an employee, up to and including to.. motion. consistent with the requirements of the Rehabilitation Act of 1973, as amended: or 21 Requiring such employee to 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 to continue to maintain a drug-free workplace through implementation of paragraphs lei, (b), (c). (d), lei and Ifl. The grantee may insert in the space orovided below the site(s) for the performance of work done in connection with the spudic gram fuse attachments if neededl: Place of Performance (Street address. city, county, state, zip code) Check_ if there are workplaces on file the are not idsmified here. .—>NOTE-. Sections 76.430(cl and fdl(21 and 76.035(a)(1) and (bl provide that a Federal agency may designate a central recmot point for STATE-WIDE AND STATE AGENCY -WIDE certifications, and for notification of criminal drug convictions. For HHS. the central receipt point is Division of Grants Management and Overnight. Office of Management and Acquisition. HHS, Room 517-D. 200 Independence Ave. S.W.. Washington, D.C. 20201 Signature Dap Title Organization Exhibit D ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SECTION 604 OF THE REHABILITATION ACT OF 1973. TITLE IX OF THE EDUCATION AMENDMENTS OF 1972. AND THE AGE DISCRIMINATION ACT OF 1976 The Applicant provides this assurance inconsideration of and for the purpose of obtaining Federal grams, loans, contracts, property, discounts or other Federal financial assistance from the Depsrnnent of Health and Human Services. THE APPLICANT HEREBY AGREES THAT IT WILL COMPLY WITH: 1. Titin Vi of the Civil Rights Aa of 1964 (Pub. L 88.352), as amended, and all requirements imposed by or pursuant to the Regulation of the Deoartment of Health and Human Services 145 CFR Part 80). to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United State shall. on the ground of race. color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjecreo to discrimination under any program or activity for which the Applicant tocsives Federal financial assistance from the Department. 2. Section 504 of the Rehabilitation Act of 1973 (Pub. L 93-11 M. as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services 145 CFR Part 841, to the and that. in accordance with Section 504 of that Aa and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from parocipsoon in, be denied the benefit of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. 3. Title IX of the Educational Amendmems of 1972 (Pub. L 92-318), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services 148 CFR Part B6, to the end that. in accordance with Title IX and the Regulation, no person in the United Steens shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be otherwise snbjeeted to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Dsoarmem 4. The Age Discrimination Act of 1975 (Pub. L 94-135), as amended. and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 911, to the end that. in socia once with the Act and the Regulation, no person in the United States deli. on the basis of race, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. The Applicant agrees that compliants with this assurance constitutes a condition of continued race pt of Federal financial assistance, and that n is binding upon the Applicant. its successors, transferees and assignees for the period during which such assistance is provided. If any real property or structure thereon is provided or improved with the tad of Federal financial assistance extended to the Appdcem by the Department this assurance shall obligate the Applicant, or in the case of any transfer of such property, arty tiantferse, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shad obligate the Applicant for the period during which It retains ownership or possession or the property. The Applicant further recognizes and agrees that the United States shall have the right to desk judicial enforcement of this assurance. The person or persons whose signaturss) appearis) below isisre authorized to sign this assurance. and commit the Applicant to the above pronsions. Signature and Title of Authorized Offlciai Date Name of Appbcsm or Recipient Street Address Clay State Zip Code Exhibit E CERTIFICATION REGARDING LOBBYING Certification for Contracts. Grants, Loans and Cooperative Agreements The undersigned certifies. to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 21 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan. or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," 1n accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts. subgrants, and contacts under grants. loans, and cooperative agreements) and that all subrecipiems shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Ion than $10,000 and not more than 5100,000 for each such failure. Whit -14 -,• The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to inure or guarantee a loan, the undersigned shall complete and submit Standard Foran - LLL, "Disclosure Form to Report Lobbying," to accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352. Title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than 810,000 and not more than 5100,000 for each such failure. Signature Date Title Organization Exhibit F page 1 of 2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS Instructions for Certification 11 By signing and submhting this proposal, the prospective primary participant is providing the certification set out below. 21 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 elan submit an explanation of why it cannot provide the certification set out below. The certification or expianation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, fallure 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 other remedies available to the Federal Government, the departmem or agency may terminate this transaction for cause of default. 41 The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted H at any time the prospective primary participant teams 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 voiuntarily excluded. as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules impiementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. B) The prospective primary participant agrees by submitting this proposal 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 ineQgible, or voluntarily excluded from participation in this covered transaction, unless authorized by HHS. 71 The prospective primary participant further agrees by submitting this proposal that it will Include the clause titled "Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion — Lower Tler Covered Transaction," provided by HHS, without modification, in all lower tier covered transactions and in ail solicitations for lower tier covered transactions. 81 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that 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 (of excluded parties). 91 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to 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. Exhibit F page 2 of 2 10) Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, HHS may terminate this transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBIUTY MATTERS — PRIMARY COVERED TRANSACTIONS 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 voluntarily 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 with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State enttitrost statutes or c ommiasion of embezziement, theft, forgery, bribery, falsification or destruction of records, making false statemems, or receiving stolen property; c) Are not presentty indicted for or otherwise criminally or civilly charged by a governmental entny (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 appfication/proposal had one or more public transactions (Federal. State or local) terminated for cause or default. 21 Where 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. Signature Tale Date Organization Exhibit G page 1 of 2 DEFINITIONS FOR USE WITH CERTIFICATION REGARDING DEBARMENT (FROM 45 CFR PART 76) Covered transaction For purposes of these regulations, a covered transaction is a primary covered transaction or a lower tier covered transaction. Covered transactions at any tier need not involve the transfer of Federal funds. Primary covered Except as noted at 45 CFR 76.11 O(a)(2), a primary covered transaction transaction is any nonprocurement transaction between an agency and a person, regardless of type, including: grams, cooperative agreements, scholarships, fellowships, contracts of assistance, loans, loan guarantees, subsidies, insurance, payments for specified use, donation agreements and any other nonprocurement transactions between a Federal agency and a person. Primary covered transactions also include those transactions specially designated by the U.S. Department of Housing and Urban Development in such agency's regulations governing debarment and suspension. Lower tier covered A lower tier covered transaction is: transaction a Any transaction between a participant and a person other then a procurement contract for goods or services, regardless of type, under a primary covered transaction. *-Any procurement contract for goods or services between a participant and a person, regardless of type, expected to equal or exceed the Federal procurement small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(8) (currently $25,0001 under a primary covered transaction. e •Any procurement contract for goods or services between a participant and a person under a covered transaction, regardless of amount. under which that person will have a critical influence on or substantive control over that covered transaction. Such persons era: - Principal investigators - Providers of Federally -required audit services - Researchers Debarment An action taken by a debarring official in accordance with these regulations to exclude a person from participating in covered transactions. A person so excluded is debarred. Exhibit G page 2 of 2 Ineligible Excluded from participation in Federal nonprocurement programs pursuant to a determination of ineligibility under statutory, executive order, or regulatory authority, other than Executive Order 12549 and its agency implementing regulations; for example, excluded pursuant to the Davis -Bacon Act and its implementing reguistions, the equal employment opportunity acts and executive orders, or the environmental protection acts and executive orders. A person is ineligible where the determination of Ineligibility affects such parson's eligibility to participate in more than one covered transaction. Participant Any person who submits a proposal for, enters into, or reasonably may be expected to enter into a covered transaction. This term also includes any person who acts on behalf of or is authorized to commit a participant in a covered transaction as an agent or representative of another participant. Person Any individual. corporation. partnership, association, unit of government or legal entity, however organized, except: foreign governments or foreign govemmemal entities, public intemstionsi organizations. foreign government owned (in whole or in part) or controlled entities, and entities consisting wholly or partially of foreign governments or foreign governmental entities. Principal Officer, director, owner, partner, key employee, or other person within a participant with primary management or supervisory responsibilities: or a person who has a critical influence on or substantive control over a covered transaction, whether or not employed by the participant. Persons who have a critical influence on or substantive control over a covered transaction are: e -Principal investigators e Researchers Proposal A solicited or unsolicited bid. application, request, invitation to consider or similar communication by or on behalf of a person seeking to participate or to receive a benefit, directly or indirectly, in or under a covered transaction. suspension An action taken by a suspending official in accordance with these regulations that immediately excludes a person from participating in covered transactions for a temporary period, pending completion of an investigation and such legal, debarment, or Program Fraud CIVU Remedies Act proceedings as may ensue. A person so excluded is suspended. Voluntary exclusion/ A status of nanparneipation or limited participation in covered voluntarily excluded transacnons assumed by a person pursuant to the terns of a settlement. Exhibit H CERTIFICATION OF COMPLIANCE WITH THE PRO -CHILDREN ACT OF 1994 Grantees must comply with Public Law 103-227, Part C Environmental Tobacco Smoke, also known as the Pro -Children Act of 1994 (Act). This Act requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, If the services aro funded by Federal programs either directly or through State or local governments. Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug and alcohol treatment. The grantee further agrees that the above language will be included in any subawards which contain provisions for children's services and that all subgramees shall certify compliance accordingly. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1000 per day. Signature Title Organization Date COUNTY OF HAWAII ` STATE OF HAWAII BILL NO. 298 ORDINANCE NO. 9G 91 AN ORDINANCE TO AMEND ORDINANCE NO... 3-6--U, AS ADDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 1997 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 9 6 - 7 2as amended, is hereby further amended by appropriating revenues in the following amount(s) to the fund(s) as set forth in Section 2 . Account No. Source Fund Amount 3302.13 FEDERAL GRANT GENERAL CHILD CARE DEVELOPMENT $65,000 • Total $ 65,000 SECTION 2: The foregoing amount(s) as specified in Section 1 hereof is/are hereby appropriated to the following fund(s) and expenditure account(s) as set forth herein below: Account No. Function and Activity Fund Amount 010-111-5111.34-115 CHILD CARE DEVELOPMENT GENERAL $65,000 Total SECTION 3: This ordinance shall take effect upon its approval, $ 65,000 REFERENCE: Comm. _. 12 7-q- MWOM, H; 1^ . Hawaii .ate of Introduction: Date of 1st Reading: Date of 2nd Reading: trve Date: July 18, 1996 July 18, 1996 August 7, 1996 August 12, 1996 AND LEGALITY: FFICE OF THE COUNTY CLER�>;.. County of Hawaii Hilo Hataaa Introduced By: Date Introduced: First Reading: Published: REMARKS. James Y. July 18, July 18, July 25, Arakaki 1996 1996 1996 1996 To Mayor. August 7, 1996 Returned: August 12, 1996 Effective: August 12, Second Reading: must 7, 1996 To Mayor. August 7, 1996 Returned: August 12, 1996 Effective: August 12, 1996 Published August 21, 1996 I IUB i 2 i' it LTJ I DO HEREBY CERTIFY that the foregoing BILL was adopted by the Comity Council and published as indicated above. OtIKl7 CLEItX Approved/8isap�d this f2- ,may Of _ C.CrtGtt�� i9_. MAYOR, COUNTY OF AU Bill No.: 298 Reference: C-1279 Ord NO- Ub 91 w COUNTY OF HAWAII STATE OF HAWAII BILL NO. 179 ORDINANCE NO. 97 124 AN ORDINANCE TO AMEND ORDINANCE NO. 97-8 3, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 1998 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 9 7 - 8 3, as amended, is hereby further amended by appropriating revenues in the following amount(s) to the fund(s) as set forth in Section 2 Account No. Source 3302.13 FEDERAL GRANT - CHILD CARE DEVELOPMENT • Fund Amount GENERAL $60,000 Total $ 60,000 SECTION 2: The foregoing amount(s) as specified in Section 1 hereof is/are hereby appropriated to the following fund(s) and expenditure account(s) as set forth herein below: Account No. Function and Activity Fund 010-111-5111.34-115 CHILD CARE DEVELOPMENT GENERAL Total SECTION 3: This ordinance shall take effect upon its approval. Hi In , Hawaii Date of Introduction: September 3, 1997 Date of 1st Reading: September 3, 1997 to of 2nd Reading: September 17, 1997 0 ive Date: September 18, 1997 i•crr kcNCE: Comm. 42 1 uced B� , 711� Council Member Amount $60,000 $ 60,000 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii Introduced By: Aaron Gana Date Introduced: September 3, 1997 Fust Reading: September 3. 1997 Published: September 11, 1997 Second Reading: September 17, 1997 To Mayor: September 17, 1997 Returned: September 23, 1997 Effective: September 18, 1997 dished: October 3, 1997 REMARKS: I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. AP:"ROVED AS TO 7M- ANDLE UTY: CVUTY CORlrORAnmON COUNSEL COUPM *OF HAWAN • Date 9q ApproV&Prteppwved this day fUNCIL CHAIRMAN COUNTY CLERK "'yam CbvC� �Y,OR. CO!"' OF HAIVAU Bill No.: 122 Reference: C-423/FC-122 Ord. No.. 97 124 Ask