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HomeMy WebLinkAboutRES 046 Draft 01 2008-2010COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 4B 09 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH, PURSUANT TO HRS 46-7, FOR THE SUSTAINABLE DESIGN ASSESSMENT TEAM PROGRAM WHEREAS, Downtown Hilo is the recipient of the 2009 Sustainable Design Assessment Team (SDAT) Program from the American Institute of Architects (AIA); and WHEREAS, the application, Envision Downtown Hilo 2025 (EDH 2025): Strategic Implementation for Long-term Sustainability, was submitted by the EDH 2025 VisionKeepers and the County of Hawaii Planning Department; and WHEREAS, as a selected recipient community, the SDAT Program will send a multidisciplinary team of professionals from across the country to Hilo for 3 days to work with our community decision-makers and stakeholders to help us to develop a sustainable future for Downtown Hilo and they will also provide up to $15,000 in financial support toward the total expenses; and WHEREAS, the host communities are expected to provide a monetary match of $5,000 to cover additional costs that exceed the AIA contribution; and WHEREAS, the State of Hawaii Department of Health, Healthy Hawaii Initiative (HHI) has agreed to partner with the VisionKeepers and the Planning Department by contributing the $5,000; and WHEREAS, the HHI serves as the Department of Health (DOH) lead on built environment issues for physical activity and nutrition with a focus on the development and design of healthier communities; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. o ., o NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, a Memorandum of Agreement with the State of Hawaii Department of Health, attached hereto and incorporated herein by reference as Exhibit "1 ", to enable the County to accept the State's funding and use it towards the 2009 Sustainable Design Assessment Team Program. BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii is authorized to sign the above-referenced agreement and any related documents on behalf of the Office of the Mayor and the County of Hawaii pursuant to the Hawaii County Charter. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, and the Finance and Planning Departments. Dated at Kona ,Hawaii, this 19th day of February , 2009. INT' ODUCED BY: COUNCIL MEMBER, O N O HAWAII COUNTY COUNCiL County of Hawaii Hilo, Hawaii I hereby certify [ha[ dm foregoing R6SOL,U'FION wus by Uic vote indicated to the right hercoCudopmd by nc~ COUNCIL of the County of Ha~tai'i on _ Febrllarp 19 ~ 2009 A'I'"1'ES"I' 4' N .~- CO,U`\-N'"I''"Y~CI~ _ERK CHAIR'ER. ~ ~ti RESIDING OFFICER AYES NOES AI3S EX ENRIQUES g FORD X GREFNWELL X HOFPMANN X IKBDA X NAEOLE ~ ONISHI I YAGONG X -~~ YOSHIMOTO g I 9 _ 0 0 0 _ Reference C_1Q6~~-24 _ RrsoLU~noN No. 4S 09 STATE OF HAWAII DEPARTMENT OF HEALTH MEMORANDUM OF AGREEMENT This Memorandum of Agreement (hereinafter "MOA"), executed on the respective date of the signature of the parties shown hereafter, is effective as of January 15, 2009, between the DEPARTMENT OF HEALTH, Tobacco Settlement Project Office, STATE OF HAWAII (hereinafter "STATE"), by its Project Manager, (hereinafter "CHIEF"), and County of Hawaii Planning Department, (hereinafter "CONTRACTOR"), a city agency, under the laws of the State of Hawaii, whose business address and taxpayer identification number are as follows: 101 Pauahi Street, Suite 3, Hilo, Hawaii; Federal Tax ID 99-6000567. RECITALS A. The STATE is in need of the goods and services, or both, described in this MOA and its attachments. The CONTRACTOR is agreeable to providing the goods and services. B. This MOA is for: [ ] (1) an emergency procurement of goods and services; [ ] (2) a small purchase procurement of goods and services; or [ X ] (3) a procurement expenditure of public funds for goods and services that is expressly exempt from public bidding by section 103D-102(bl. (3) HRS, because it is a contract to procure goods and services from a governmental body. C. Money is available to fund this MOA in the following amounts: (1) State $ 5,000.00 [ ]general or [ X] special (2) Federal $ NOW, THEREFORE, in consideration of the promises contained in this MOA, the STATE and CONTRACTOR agree as follows: Scope of Services. The CONTRACTOR shall, in a proper and satisfactory manner as determined by the STATE, provide all the goods and services set forth in Attachment 1, which is hereby made a part of this MOA. DOH REF. NO. HHI-09-04 EXffiBIT "1" 2. Time of Performance. The performance required of the CONTRACTOR under this MOA shall be completed in accordance with the Time Schedule set forth in Attachment 2, which is hereby made a part of this MOA. 3. Compensation. The CONTRACTOR shall be compensated in accordance with the Compensation and Payment Schedule set forth in Attachment 3, which is hereby made a part of this MOA. 4. Other Terms and Conditions. Any other applicable terms and conditions set forth in Attachment 4, 5 and 6 if attached, is hereby made a part of this MOA. IN VIEW OF THE ABOVE, the parties execute this MOA by their signatures, on the dates below, to be effective as of the date first above written. STATE sy Print Name Title Date COUNTY OF HAWAII By Print Name Title Date DOH REF. NO. HHI-09-04 Attachment I SCOPE OF SERVICES The Hawaii County Planning Department (HCPD) provides technical advice to the Mayor, Planning Commission and County Council on all planning and land use matters as well as administers the subdivision and zoning codes. Their partnership and involvement with the Envision Downtown Hilo Vision Keepers began with the development of an Envision Downtown Hilo (EDH) 2025 Plan created with community participation and input. The Healthy Hawaii Initiative (HHI) serves as the Department of Health (DOH) lead on built environment issues for physical activity and nutrition with a focus on the development and design of healthier communities. Through this agreement it is our intent to support Hawaii County as they update their plans, and codes to support physical activity and healthy eating behaviors. The intent of this Agreement is to provide funding support for the Sustainable Design Assessment Team (SDAT) program. The American Institute of Architects selected Downtown Hilo as a recipient of the 2009 SDAT program award for the Strategic Implementation of Long-term Sustainability in Hilo. The SDAT team will assist in bringing together multidisciplinary teams of professionals from across the county to provide a road map for communities seeking to improve their sustainability. As part of this Agreement, HCPD shall provide the following: 1. HCPD shall promote healthy, active lifestyles as part of the EDH Action Plan Update. This shall involve the inclusion of plan elements that increase walking and biking as means of transport. DOH REF. NO. HHI-09-04 Attachment 1 2. HCPD shall ensure all objectives outlined in the SDAT proposal are completed (See Attachment 6) 3. HCDP shall work in collaboration with DOH HHI to: a. Identify ongoing opportunities for collaboration in the promotion of community designs that encourage physical activity and healthy eating b. Provide input that would be incorporated into the EDH Action Plan Update 4. HCDP shall provide quarterly progress reports utilizing an HHI Evaluation Team developed template 5. HCDP shall provide a final report to DOH HHI upon completion of the Agreement which shall at minimum include a copy of the final EDH Action Plan Update. DOH REF. NO. HHI-09-04 Attachment 2 TIME OF PERFORMANCE 1. The HCPD shall provide the services required under this MOA from January 15, 2009 to and including January 14, 2010, unless this Agreement is extended or sooner terminated. Either party may terminate this Agreement at anytime, with or without cause, upon thirty (30) days prior written notice to the other party. 2. Option to Extend Agreement. Unless terminated, this Agreement may be extended at no additional cost for not more than one (1) additional twelve (12) month period upon mutual agreement in writing at least thirty (30) days prior to expiration of this Agreement and execution of a supplemental agreement. This Agreement may be extended providing that the terms and conditions are mutually acceptable. The HCPD or the DOH HHI may terminate the extended Agreement at any time upon thirty (30) days prior written notice. DOH REF. NO. HHI-09-04 Attachment 3 COMPENSATION AND PAYMENT SCHEDULE In full consideration for the services performed by the HCPD under this MOA, DOH HHI agrees, subject to allotments to be made by the Director of Finance, State of Hawaii, pursuant to Chapter 37, Hawaii Revised Statutes, and subject to the availability of tobacco settlement funds, to pay to the HCPD a total sum of money not to exceed FIVE THOUSANDAND NO/100 DOLLARS ($5,000.00), in accordance with and subject to the following: a. Payment shall be made upon aone-time submission by the HCPD on an invoice in triplicate, for the services to be provided in accordance with Attachment 1, "Scopes of Services," and made a part hereof. b. The HCPD shall submit to the DOH HHI quarterly progress reports providing updates and accomplishments for the SDAT Project. The level of detail required on the progress reports shall be mutually agreed to by the HCPD and DOH HHI. c. Completion of this Agreement shall include submission and acceptance of all reports and other materials to be submitted by the HCPD to the DOH HH[, resolution of all discrepancies in expenditures or performance of services, and completion of all other outstanding matters under this Agreement. DOH REF. NO. HHI-08-06 Attachment 4 Revised 5/07/08 103D Special Conditions - County (County, non-bid) (ASO Attachment-5) SPECIAL CONDITIONS 1. Deletion of Portions of Contract. For purposes of this Contract, paragraph 5 on page 2 of the Contract, "Standards of Conduct Declaration," together with the attached Standards of Conduct Declaration form are hereby deleted and the parties agree that paragraph 5 of the Contract and its attached form are not operative. 2. Deletion of General Conditions. For purposes of this Contract, the following General Conditions are hereby deleted from the General Conditions and have no operative effect between the parties: a. Subparagraph 2.e., 2.g., 2.h., and 2.i. b. Subparagraph 17.d. c. Subparagraph 19.h. 3. If this Contract is terminated with cause or without cause or at the scheduled expiration of the time of performance specified in this Contract, all equipment and unused supplies and materials leased or purchased with funds paid to the CONTRACTOR under this Contract shall become the property of the STATE as it so specifies and shall be disposed of as directed by the STATE, except, if applicable, as otherwise may be provided under the Federal Grant. ADM. SERV. OFFICE LOG NO. DOH REF. NO. HHI-09-04 Attachment 5 GENERAL CONDITIONS Table of Contents Pa e s 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Coordination of Services by the STATE ............................................................................................ .............2 Relationship of Parties: Independent Contractor Status and Responsibilities, Including Tax Respons ibi I ities .................................................................................................................................... ............2 Personnel Requirements ...................................................................................................................... ........:...3 Nondiscrimination ............................................................................................................................... ............3 Conflicts of Interest ............................................................................................................................. ............3 Subcontracts and Assignments ............................................................................................................ ............3 Indemnification and Defense ............................................................................................................... ............4 Cost of Litigation ................................................................................................................................. ............4 Liquidated Damages ............................................................................................................................ ............4 STATE'S Right of Offset ..................................................................................................................... ............4 Disputes ............................................................................................................................................... ............4 Suspension of Contract ........................................................................................................................ ............4 Termination for Default ....................................................................................................................... ............5 Termination for Convenience .............................................................................................................. ............6 Claims Based on the Agency Procurement Officer's Actions or Omissions ....................................... ............8 Costs and Expenses ............................................................................................................................. ............8 Payment Procedures; Final Payment; Tax Clearance .......................................................................... ............9 Federal Funds ...................................................................................................................................... ............9 Modifications of Contract .................................................................................................................... ............9 Change Order ....................................................................................................................................... ..........10 Price Adjustment ................................................................................................................................. ..........11 Vaziation in Quantity for Definite Quantity Contracts ....................................................................... ...........11 Changes in Cost-Reimbursement Contract .......................................................................................... ..........1 l Confidentiality of Material .................................................................................................................. ..........12 Publicity ............................................................................................................................................... ..........12 Ownership Rights and Copyright ........................................................................................................ ..........12 Liens and Warranties ........................................................................................................................... ..........12 Audit of Books and Records of the CONTRACTOR .......................................................................... ..........13 Cost or Pricing Data ............................................................................................................................ ..........13 Audit of Cost or Pricing Data .............................................................................................................. ..........13 Records Retention ................................................................................................................................ ..........13 Antitrust Claims ................................................................................................................................... ..........13 Patented Articles .................................................................................................................................. ..........13 Governing Law .................................................................................................................................... ..........13 Compliance with Laws ........................................................................................................................ ..........13 Conflict between General Conditions and Procurement Rules ........................................................... ..........14 Entire Contract ..................................................................................................................................... ..........14 Severabi lity .......................................................................................................................................... ..........14 Waiver ................................................................................................................................................. ..........14 Pollution Control ................................................................................................................................. ..........14 Campaign Contributions ...................................................................................................................... ..........14 AG-008 Rev. 6/25/2007 I Attachment 5 GENERAL CONDITIONS Coordination of Services by the STATE. The head of the purchasing agency ("HOPA") (which term includes the designee of the HOPA) shall coordinate the services to be provided by the CONTRACTOR in order to complete the performance required in the Contract. The CONTRACTOR shall maintain communications with HOPA at all stages of the CONTRACTOR'S work, and submit to HOPA for resolution any questions which may arise as to the performance of this Contract. "Purchasing agency" as used in these General Conditions means and includes any governmental body which is authorized under chapter 103D, HRS, or its implementing roles and procedures, or by way of delegation, to enter into contracts for the procurement of goods or services or both. 2. Relationship of Parties: Independent Contractor Status and Responsibilities, Includine Tax Resnonsibilities. a. In the performance of services required under this Contract, the CONTRACTOR is an "independent contractor," with the authority and responsibility to control and direct the performance and details of the work and services required under this Contract; however, the STATE shall have a general right to inspect work in progress to determine whether, in the STATE'S opinion, the services are being performed by the CONTRACTOR in compliance with this Contract. Unless otherwise provided by special condition, it is understood that the STATE does not agree to use the CONTRACTOR exclusively, and that the CONTRACTOR is free to contract to provide services to other individuals or entities while under contract with the STATE. b. The CONTRACTOR and the CONTRACTOR'S employees and agents are not by reason of this Contract, agents or employees of the State for any purpose, and the CONTRACTOR and the CONTRACTOR'S employees and agents shall not be entitled to claim or receive from the State any vacation, sick leave, retirement, workers' compensation, unemployment insurance, or other benefits provided to state employees. c. The CONTRACTOR shall be responsible for the accuracy, completeness, and adequacy of the CONTRACTOR'S performance under this Contract. Furthermore, the CONTRACTOR intentionally, voluntarily, and knowingly assumes the sole and entire liability to the CONTRACTOR'S employees and agents, and to any individual not a party to this Contract, for all loss, damage, or injury caused by the CONTRACTOR, or the CONTRACTOR'S employees or agents in the course of their employment. d. The CONTRACTOR shall be responsible for payment of all applicable federal, state, and county taxes and fees which may'become due and owing by the CONTRACTOR by reason ofthis Contract, including but not limited to (i) income taxes, (ii) employment related fees, assessments, and taxes, and (iii) general excise taxes. The CONTRACTOR also is responsible for obtaining all licenses, permits, and certificates that may be required in order to perform this Contract. e. The CONTRACTOR shall obtain a general excise tax license from the Department of Taxation, State of Hawaii, in accordance with section 237-9, HRS, and shall comply with all requirements thereof. The CONTRACTOR shall obtain a tax clearance certificate from the Director of Taxation, State of Hawaii, and the Intemal Revenue Service, U.S. Department of the Treasury, showing that all delinquent taxes, if any, levied or accrued under state law and the Intemal Revenue Code of 1986, as amended, against the CONTRACTOR have been paid and submit the same to the STATE prior to commencing any performance under this Contract. The CONTRACTOR shall also be solely responsible for meeting all requirements necessary to obtain the tax clearance certificate required for final payment under sections 103-53 and 103D-328, HRS, and paragraph 17 of these General Conditions. The CONTRACTOR is responsible for securing all employee-related insurance coverage for the CONTRACTOR and the CONTRACTOR'S employees and agents that is or may be required by law, and far payment of all premiums, costs, and other liabilities associated with securing the insurance coverage. AG-008 Rev. 6/25/2007 2 Attachment 5 g. The CONTRACTOR shall obtain a certificate of compliance issued by the Department of Labor and Industrial Relations, State of Hawaii, in accordance with section103D-310, HRS, and section 3-122- 112, HAR, that is current within six months of the date of issuance. h. The CONTRACTOR shall obtain a certificate of good standing issued by the Department of Commerce and Consumer Affairs, State of Hawaii, in accordance with section 103D-310, HRS, and section 3-122-112, HAR, that is current within six months of the date of issuance. In lieu of the above certificates from the Department of Taxation, Labor and Industrial Relations, and Commerce and Consumer Affairs, the CONTRACTOR may submit proof of compliance through the State Procurement Office's designated certification process. Personnel Reouirements. a. The CONTRACTOR shall secure, at the CONTRACTOR'S own expense, all personnel required to perform this Contract. b. The CONTRACTOR shall ensure that the CONTRACTOR'S employees or agents aze experienced and fully qualified to engage in the activities and perform the services required under this Contract, and that all applicable licensing and operating requirements imposed or required under federal, state, or county law, and all applicable accreditation and other standazds of quality generally accepted in the field of the activities of such employees and agents are complied with and satisfied. 4. Nondiscrimination. No person performing work under this Contract, including any subcontractor, employee, or agent of the CONTRACTOR, shall engage in any discrimination that is prohibited by any applicable federal, state, or county law. 5. Conflicts of Interest. The CONTRACTOR represents that neither the CONTRACTOR, nor any employee or agent of the CONTRACTOR, presently has any interest, and promises that no such interest, direct or indirect, I shall be acquired, that would or might conflict in any manner or degree with the CONTRACTOR'S performance under this Contract. I, 6. Subcontracts and Assienments. The CONTRACTOR shall not assign or subcontract any of the I CONTRACTOR'S duties, obligations, or interests under this Contract and no such assignment or subcontract shall be effective unless (i) the CONTRACTOR obtains the prior written consent of the STATE, and (ii) the CONTRACTOR'S assignee or subcontractor submits to the STATE a tax clearance certificate from the Director of Taxation, State of Hawaii, and the Internal Revenue Service, U.S. Department of Treasury, showing that all delinquent taxes, if any, levied or accrued under state law and the Internal Revenue Code of 1986, as amended, against the CONTRACTOR'S assignee or subcontractor have been paid. Additionally, no assignment by the CONTRACTOR of the CONTRACTOR'S right to compensation under this Contract shall be effective unless and until the assignment is approved by the Comptroller of the State of Hawaii, as provided in section 40-58, HRS. a. Reco¢nition of a successor in interest. When in the best interest of the State, a successor in interest may be recognized in an assignment contract in which the STATE, the CONTRACTOR and the assignee or transferee (hereinafter referred to as the "Assignee") agree that: (1) The Assignee assumes all of the CONTRACTOR'S obligations; (2) The CONTRACTOR remains liable for al] obligations under this Contract but waives all rights under this Contract as against the STATE; and (3) The CONTRACTOR shall continue to furnish, and the Assignee shall also furnish, all required bonds. b. Change of name. When the CONTRACTOR asks to change the name in which it holds this Contract with the STATE, the procurement officer of the purchasing agency (hereinafter referred to as the "Agency procurement officer") shall, upon receipt of a document acceptable or satisfactory to the AG-008 Rcv. 6/25/2007 Attachment 5 Agency procurement officer indicating such change of name (for example, an amendment to the CONTRACTOR'S articles of incorporation), enter into an amendment to this Contract with the CONTRACTOR to effect such a change of name. The amendment to this Contract changing the CONTRACTOR'S name shall specifically indicate that no other terms and conditions ofthis Contract are thereby changed. c. Reports. All assignment contracts and amendments to this Contract effecting changes of the CONTRACTOR'S name or novations hereunder shall be reported to the chief procurement officer (CPO) as defined in section 103D-203(a), HRS, within thirty days of the date that the assignment contract or amendment becomes effective. d. Actions affectine more than one purchasine aeency Notwithstanding the provisions of subpazagraphs 6a through 6c herein, when the CONTRACTOR holds contracts with more than one purchasing agency of the State, the assignment contracts and the novation and change of name amendments herein authorized shall be processed only through the CPO's office. Indemnificationand Defense. The CONTRACTOR shall defend, indemnify, and hold harmless the State of Hawaii, the contracting agency, and their officers, employees, and agents from and against all liability, loss, damage, cost, and expense, including all attorneys' fees, and all claims, suits, and demands therefore, arising out of or resulting from the acts or omissions of the CONTRACTOR or the CONTRACTOR'S employees, officers, agents, or subcontractors under this Contract. The provisions ofthis paragraph shall remain in full force and effect notwithstanding the expiration or early termination ofthis Contract. 8. Cost of Litieation. In case the STATE shall, without any fault on its part, be made a party to any litigation commenced by or against the CONTRACTOR in connection with this Contract, the CONTRACTOR shall pay all costs and expenses incurred by or imposed on the STATE, including attorneys' fees. 9. Liquidated Damases. When the-CONTRACTOR is given notice of delay or nonperformance as specified in paragraph 13 (Termination for Default) and fails to cure in the time specified, it is agreed the CONTRACTOR shall pay to the STATE the amount, if any, set forth in this Contract per calendar day from the date set for cure until either (i) the STATE reasonably obtains similar goods or services, or both, ifthe CONTRACTOR is terminated for default, or (ii) until the CONTRACTOR provides the goods or services, or both, if the CONTRACTOR is not terminated for default. To the extent that the CONTRACTOR'S delay or nonperformance is excused under paragraph 13d (Excuse for Nonperformance or Delay Performance), liquidated damages shall not be assessable against the CONTRACTOR. The CONTRACTOR remains liable for damages caused other than by delay. 10. STATE'S Rieht of Offset. The STATE may offset against any monies or other obligations the STATE owes to the CONTRACTOR under this Contract, any amounts owed to the State of Hawaii by the CONTRACTOR under this Contract or any other contracts, or pursuant to any law or other obligation owed to the State of Hawaii by the CONTRACTOR, including, without limitation, the payment of any taxes or levies of any kind or nature. The STATE will notify the CONTRACTOR in writing of any offset and the nature of such offset. For purposes ofthis pazagraph, amounts owed to the State of Hawaii shall not include debts or obligations which have been liquidated, agreed to by the CONTRACTOR, and are covered by an installment payment or other settlement plan approved by the State of Hawaii, provided, however, that the CONTRACTOR shall be, entitled to such exclusion only to the extent that the CONTRACTOR is current with, and not delinquent on, any payments or obligations owed to the State of Hawaii under such payment or other settlement plan. 11. Dis uo tes• Disputes shall be resolved in accordance with section 103D-703, HRS, and chapter 3-126, Hawaii Administrative Rules ("HAR"), as the same may be amended from time to time. 12. Suspension of Contract. The STATE reserves the right at any time and for any reason to suspend this Contract for any reasonable period, upon written notice, to the CONTRACTOR in accordance with the provisions herein. a. Order to stop performance. The Agency procurement officer may, by written order to the CONTRACTOR, at any time, and without notice to any surety, require the CONTRACTOR to stop all or any part of the performance called for by this Contract. This order shall be for a specified AG-008 Rev. 6/25/2007 4 Attachment 5 period not exceeding sixty (60) days after the order is delivered to the CONTRACTOR, unless the parties agree to any further period. Any such order shall be identified specifically as a stop performance order issued pursuant to this section. Stop performance orders shall include, as appropriate: (1) A clear description of the work to be suspended; (2) Instructions as to the issuance of further orders by the CONTRACTOR for material or services; (3) Guidance as to action to be taken on subcontracts; and (4) Other instructions and suggestions to the CONTRACTOR for minimizing costs. Upon receipt of such an order, the CONTRACTOR shall forthwith comply with its terms and suspend all performance under this Contract at the time stated, provided, however, the CONTRACTOR shall take all reasonable steps to minimize the occurrence of costs allocable to the performance covered by the order during the period of performance stoppage. Before the stop performance order expires, or within any further period to which the parties shall have agreed, the Agency procurement officer shall either: (1) Cancel the stop performance order; or (2) Terminate the performance covered by such order as provided in the termination for default provision or the termination for convenience provision of this Contract. b. Cancellation or expiration of the order. If a stop performance order issued under this section is cancelled at any time during the period specified in the order, or if the period of the order or any extension thereof expires, the CONTRACTOR shall have the right to resume performance. An appropriate adjustment shall be made in the delivery schedule or contract price, or both, and the Contract shall be modified in writing accordingly, if: (1) The stop performance order results in an increase in the time required for, or in the CONTRACTOR'S cost properly allocable to, the performance of any part of this Contract; and (2) The CONTRACTOR asserts a claim for such an adjustment within thirty (30) days after the end of the period of performance stoppage; provided that, ifthe Agency procurement officer decides that the factsjustify such action, any such claim asserted may be received and acted upon at any time prior to final payment under this Contract. c. Termination of stopped performance. If a stop performance order is not cancelled and the performance covered by such order is terminated for default or convenience, the reasonable costs resulting from the stop performance order shall be allowable by adjustment or otherwise. d. Adiustment of price. Any adjustment in contract price made pursuant to this paragraph shall be determined in accordance with the price adjustment provision of this Contract. 13. Termination for Default. a. Default. Ifthe CONTRACTOR refuses or fails to perform any ofthe provisions ofthis Contract with such diligence as will ensure its completion within the fime specified in this Contract, or any extension thereof, otherwise fails to timely satisfy the Contract provisions, or commits any other substantial breach of this Contract, the Agency procurement officer may notify the CONTRACTOR in writing of the delay or non-performance and if not cured in ten (]0) days or any longer time specified in writing by the Agency procurement officer, such officer may terminate the CONTRACTOR'S right to proceed with the Contract or such part ofthe Contract as to which there has been delay or a failure to properly perform. In the event of termination in whole or in part, the Agency procurement officer may procure similar goods or services in a manner and upon the terms deemed appropriate by the Agency procurement officer. The CONTRACTOR shall continue performance of the Contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services. b. CONTRACTOR'S duties. Notwithstanding termination ofthe Contract and subject to any directions from the Agency procurement officer, the CONTRACTOR shall take timely, reasonable, and Ac-oos acs. bnsizao~ Attachment 5 necessary action to protect and preserve property in the possession of the CONTRACTOR in which the STATE has an interest. c. Compensation. Payment for completed goods and services delivered and accepted by the STATE shall be at the price set forth in the Contract. Payment for the protection and preservation of property shall be in an amount agreed upon by the CONTRACTOR and the Agency procurement officer. If the parties fail to agree, the Agency procurement officer shall set an amount subject to the CONTRACTOR'S rights under chapter 3-126, HAR. The STATE may withhold from amounts due the CONTRACTOR such sums as the Agency procuremenYofficerdeerns to be necessary to protect the STATE against loss because of outstanding liens or claims and to reimburse the STATE for the excess costs expected to be incurred by the STATE in procuring similaz goods and services. d. Excuse for nonperformance or delayed performance. The CONTRACTOR shall not be in default by reason of any failure in performance of this Contract in accordance with its terms, including any failure by the CONTRACTOR to make progress in the prosecution of the performance hereunder which endangers such performance, if the CONTRACTOR has notified the Agency procurement officer within fifteen (15) days after the cause of the delay and the failure arises out ofcauses such as: acts of God; acts of a public enemy; acts of the State and any other governmental body in its sovereign or contractual capacity; fires; floods; epidemics; quazantine restrictions; strikes or other labor disputes; freight embazgoes; or unusually severe weather. Ifthe failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similaz to those set forth above, the CONTRACTOR shall not be deemed to be in default, unless the goods and services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the CONTRACTOR to meet the requirements of the Contract. Upon request of the CONTRACTOR, the Agency procurement officer shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the CONTRACTOR'S progress and performance would have met the terms of the Contract, the delivery schedule shall be revised accordingly, subject to the rights of the STATE under this Contract. As used in this paragraph, the term "subcontractor" means subcontractor at any tier. e. Erroneous termination for default. If, after notice of termination of the CONTRACTOR'S right to proceed under this paragraph, it is determined for any reason that the CONTRACTOR was not in default under this paragraph, or that the delay was excusable under the provisions of subparagraph ] 3d, "Excuse for nonperformance or delayed performance," the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to paragraph 14. Additional rights and remedies. The rights and remedies provided in this paragraph are in addition to any other rights and remedies provided by law or under this Contract. 14. Termination for Convenience. a. Termination. The Agency procurement officer may, when the interests of the STATE so require, terminate this Contract in whole or in part, for the convenience of the STATE. The Agency procurement officer shall give written notice of the termination to the CONTRACTOR specifying the part of the Contract terminated and when termination becomes effective. b. CONTRACTOR'S obligations. The CONTRACTOR shall incur no further obligations in connection with the terminated performance and on the date(s) set in the notice of termination the CONTRACTOR will stop performance to the extent specified. The CONTRACTOR shall also terminate outstanding orders and subcontracts as they relate to the terminated performance. The CONTRACTOR shall settle the liabilities and claims azising out of the termination of subcontracts and orders connected with the terminated performance subject to the STATE'S approval. The Agency procurement officer may direct the CONTRACTOR to assign the CONTRACTOR'S right, title, and interest under terminated orders or subcontracts to the STATE. The CONTRACTOR must still complete the performance not terminated by the notice of termination and may incur obligations as necessary to do so. AG-008 Rcv. 6/25/2007 Attachment 5 c. Ri hg t to goods and work product. The Agency procurement officer may require the CONTRACTOR to transfer title and deliver to the STATE in the manner and to the extent directed by the Agency procurement officer: (1) Any completed goods or work product; and (2) The partially completed goods and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called "manufacturing material") as the CONTRACTOR has specifically produced or specially acquired for the performance of the terminated part of this Contract. The CONTRACTOR shall, upon direction of the Agency procurement officer, protect and preserve property in the possession of the CONTRACTOR in which the STATE has an interest. If the Agency procurement officer does not exercise this right, the CONTRACTOR shall use best efforts to sell such goods and manufacturing materials. Use of this paragraph in no way implies that the STATE has breached the Contract by exercise of the termination for convenience provision. d. Compensation. (1) The CONTRACTOR shall submit a termination claim specifying the amounts due because of the termination for convenience together with the cost or pricing data, submitted to the extent required by chapter 3-122, I-IAR, bearing on such claim. Ifthe CONTRACTOR fails to file a termination claim within one yeaz from the effective date of termination, the Agency procurement officer may pay the CONTRACTOR, ifat all, an amount set in accordance with subparagraph 14d(3) below. (2) The Agency procurement officer and the CONTRACTOR may agree to a settlement provided the CONTRACTOR has filed a termination claim supported by cost or pricing data submitted as required and that the settlement does not exceed the total Contract price plus settlement costs reduced by payments previously made by the STATE, the proceeds of any sales of goods and manufacturing materials under subparagraph 14c, and the Contract price of the performance not terminated. (3) Absent complete agreement under subparagraph 14d(2) the Agency procurement officer shall pay the CONTRACTOR the following amounts, provided payments agreed to under subparagraph 14d(2) shall not duplicate payments under this subparagraph for the following: (A) Contract prices for goods or services accepted under the Contract; (B) Costs incurred in preparing to perform and performing the terminated portion ofthe performance plus a fair and reasonable profit on such portion of the performance, such profit shall not include anticipatory profit or consequential damages, less amounts paid or to be paid for accepted goods or services; provided, however, that if it appeazs that the CONTRACTOR would have sustained a loss ifthe entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss; (C) Costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to subpazagraph 146. These costs must not include costs paid in accordance with subpazagraph 14d(3)(B); (D) The reasonable settlement costs ofthe CONTRACTOR, including accounting, legal, clerical, and other expenses reasonably necessary for the prepazation of settlement claims and supporting data with respect to the terminated portion ofthe Contract and for the termination of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposition of property allocable to the terminated portion of this Contract. The total sum to be paid the CONTRACTOR under this subparagraph shall not exceed the AG-008 Rev. 6/25/2007 Atlachment 5 total Contract price plus the reasonable settlement costs of the CONTRACTOR reduced by the amount of payments otherwise made, the proceeds of any sales of supplies and manufacturing materials under subparagraph 14d(2), and the contract price of performance not terminated. (4) Costs claimed; agreed to, or established under subparagraphs 14d(2) and 14d(3) shall be in accordance with Chapter 3-123 (Cost Principles) of the Procurement Rules. 15. Claims Based on the Aeency Procurement Officer's Actions or Omissions. a. Changes in scope. If any action or omission on the part of the Agency procurement officer (which term includes the designee of such officer for purposes of this paragraph 15) requiring performance changes within the scope of the Contract constitutes the basis for a claim by the CONTRACTOR for additional compensation, damages, or an extension of time for completion, the CONTRACTOR shall continue with performance of the Contract in compliance with the directions or orders of such officials, but by so doing, the CONTRACTOR shall not be deemed to have prejudiced any claim for additional compensation, damages, or an extension of time for completion; provided: (1) Written notice reouired. The CONTRACTOR shall give written notice to the Agency procurement officer: (A) Prior to the commencement of the performance involved, if at that time the CONTRACTOR knows of the occurrence of such action or omission; (B) Within thirty (30) days after the CONTRACTOR knows ofthe occurrence of such action or omission, if the CONTRACTOR did not have such knowledge prior to the commencement of the.performance; or (C) Within such further time as may be allowed by the Agency procurement officer in writing. (2) Notice content. This notice shall state that the CONTRACTOR regards the act or omission as a reason which may entitle the CONTRACTOR to additional compensation, damages, or an extension of time. The Agency procurement officer, upon receipt of such notice, may rescind such action, remedy such omission, or take such other steps as may be deemed advisable in the discretion of the Agency procurement officer; (3) Basis must be explained. The notice required by subparagraph 1 Sa(1) describes as clearly as practicable at the time the reasons why the CONTRACTOR believes that additional compensation, damages, or an extension of time may be remedies to which the CONTRACTOR is entitled; and (4) Claim must be justified. The CONTRACTOR must maintain and, upon request, make available to the Agency procurement officer within a reasonable time, detailed records to the extent practicable, and other documentation and evidence satisfactory to the STATE, justifying the claimed additional costs or an extension of time in connection with such changes. b. CONTRACTOR not excused. Nothing herein contained, however, shall excuse the CONTRACTOR from compliance with any rules or laws precluding any state officers and CONTRACTOR from acting in collusion or bad faith in issuing or performing change orders which aze cleazly not within the scope of the Contract. c. Price adjustment. Any adjustment in the price made pursuant to this paragraph shall be determined in accordance with the price adjustment provision of this Contract. 16. Costs and Expenses. Any reimbursement due the CONTRACTOR for per diem and transportation expenses -under this Contract shall be subject to chapter 3-123 (Cost Principles), HAR, and the following guidelines: AG-008 Rev. 6/25/2007 Attachment 5 a. Reimbursement for air transportation shall be for actual cost or coach class air fare, whichever is less. b. Reimbursement for ground transportation costs shall not exceed the actual cost of renting an intermediate-sized vehicle. c. Unless prior written approval of the HOPA is obtained, reimbursement for subsistence allowance (i.e., hotel and meals, etc.) shall not exceed the applicable daily authorized rates for inter-island or out-of--state travel that are set forth in the current Governor's Executive Order authorizing adjustments in salaries and benefits for state officers and employees in the executive branch who are excluded from collective bargaining coverage. 17. Payment Procedures: Final Payment; Tax Clearance. a. Original invoices required. All payments under this Contract shall be made only upon submission by the CONTRACTOR of original invoices specifying the amount due and certifying that services requested under the Contract have been performed by the CONTRACTOR according to the Contract. b. Subject to available funds. Such payments are subject to availability of funds and allotment by the Director of Finance in accordance with chapter 37, HRS. Further, all payments shall be made in accordance with and subject to chapter 40, HRS. c. Promut payment. (1) Any money, other than retainage, paid to the CONTRACTOR shall be disbursed to subcontractors within ten (] 0) days after receipt of the money in accordance with the terms of the subcontract; provided that the subcontractor has met all the terms and conditions of the subcontract and there are no bona fide disputes; and (2) Upon final payment to the CONTRACTOR, full payment to the subcontractor, including retainage, shall be made within ten (10) days after receipt of the money; provided that there are no bona fide disputes over the subcontractor's performance under the subcontract. d. Final payment. Final payment under this Contract shall be subject to sections ] 03-53 and ] 03D-328, HRS, which require a tax clearance from the Director of Taxation, State of Hawaii, and the Internal Revenue Service, U.S. Department of Treasury, showing that all delinquent taxes, if any, levied or accrued under state law and the Intema] Revenue Code of 1986, as amended, against the CONTRACTOR have been paid. Further, in accordance with section 3-122-112, HAR, CONTRACTOR shall provide a certificate affirming that the CONTRACTOR has remained in compliance with all applicable laws as required by this section. 18. Federal Funds. Ifthis Contract is payable in whole or in part from federal funds, CONTRACTOR agrees that, as to the portion of the compensation under this Contract to be payable from federal funds, the CONTRACTOR shall be paid only from such funds received from the federal government, and shall not be paid from any other funds. Failure of the STATE to receive anticipated federal funds shall not be considered a breach by the STATE or an excuse for nonperformance by the CONTRACTOR. 19. Modifications of Contract. a. In writine. Any modification, alteration, amendment, change, or extension of any term, provision, or condition of this Contract permitted by this Contract shall be made by written amendment to this Contract, signed by the CONTRACTOR and the STATE, provided that change orders shall be made in accordance with paragraph 20 herein. b. No oral modification. No oral modification, alteration, amendment, change, or extension ofany term, provision, or condition of this Contract shall be permitted. AG-008 Rev. 6/25/2007 Attachment 5 c. AQenc~nrocurement officer. By written order, at any time, and without notice to any surety, the Agency procurement officer may unilaterally order of the CONTRACTOR: (A) Changes in the work within the scope of the Contract; and (B) Changes in the time of performance of the Contract that do not alter the scope ofthe Contract work. d. Adiustments of price or time for nerformance. If any modification increases or decreases the CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this Contract, an adjustment shall be made and this Contract modified in writing accordingly. Any adjustment in contract price made pursuant to this clause shall be determined, where applicable, in accordance with the price adjustment clause of this Contract or as negotiated. e. Claim barred after final pavment. No claim by the. CONTRACTOR for an adjustment hereunder shall be allowed if written modiftcation of the Contract is not made prior to final payment under this Contract. f Claims not barred. In the absence of a written contract modification, nothing in this clause shall be deemed to restrict the CONTRACTOR'S right to pursue a claim under this Contractor for a breach of contract. g. CPO aooroval. If this is a professional services contract awarded pursuant to section ]03D-303 or 103D-304, HRS, any modification, alteration, amendment, change, or extension of any term, provision, or condition of this Contract which increases the amount payable to the CONTRACTOR by at least $25,000.00 or ten per cent (10%) of the initial contract price, whichever increase is higher, must receive the prior approval of the CPO. h. Tax clearance. The STATE may, at its discretion, require the CONTRACTOR to submit to the STATE, prior to the STATE'S approval of any modification, alteration, amendment, change, or extension of any term, provision, or condition of this Contract, a tax clearance from the Director of Taxation, State of Hawaii, and the Internal Revenue Service, U.S. Department of Treasury, showing that all delinquent taxes, if any, levied or accrued under state law and the Intemal Revenue Code of 1986, as amended, against the CONTRACTOR have been paid. i. Sole source contracts. Amendments to sole source contracts that would change the original scope of the Contract may only be made with the approval of the CPO. Annual renewal of a sole source contract for services should not be submitted as an amendment. 20. Chance Order. The Agency procurement officer may, by a written order signed only by the STATE, at any time, and without notice to any surety, and subject to all appropriate adjustments, make changes within the general scope of this Contract in any one or more of the following: (1) Drawings, designs, or specifications, if the goods or services to be famished are to be specially provided to the STATE in accordance therewith; (2) Method of delivery; or (3) Place of delivery. a. Adiustments of price or time for nerformance. If any change order increases or decreases the CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed by the order, an adjustment shall be made and the Contract modified in writing accordingly. Any adjustment in the Contract price made pursuant to this provision shall be determined in accordance with the price adjustment provision of this Contract. Failure of the parties to agree to an adjustment shall not excuse the CONTRACTOR from proceeding with the Contract as changed, provided that the Agency procurement officer promptly and duly makes the provisional adjustments in payment or time for performance as may be,reasonable. By AG-008 Rev. 6/25/2007 1 Attachment 5 proceeding with the work, the CONTRACTOR shall not be deemed to have prejudiced any claim for additional compensation, or any extension of time for completion. b. Time period for claim. Within ten (10) days after receipt of a written change order under subparagraph 20a, unless the period is extended by the Agency procurement officer in writing, the CONTRACTOR shall respond with a claim for an adjustment. The requirement for a timely written response by CONTRACTOR cannot be waived and shall be a condition precedent to the assertion of a claim. c. Claim barred after final navment. No claim by the CONTRACTOR for an adjustment hereunder shall be allowed if a written response is not given prior to final payment under this Contract. d. Other claims not barred. In the absence of a change order, nothing in this paragraph 20 shall be deemed to restrict the CONTRACTOR'S right to pursue a claim under the Contract or for breach of contract. 21. Price Adjustment. a. Price adjustment. Any adjustment in the contract price pursuant to a provision in this Contract shall be made in one or more of the following ways: (1) By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable; (2) By unit prices specified in the Contract or subsequently agreed upon; (3) By the costs attributable to the event or situation covered by the provision, plus appropriate profit or fee, all as specified in the Contract or subsequently agreed upon; (4) In such other manner as the parties may mutually agree; or (5) In the absence of agreement between the parties, by a unilateral determination by the Agency procurement officer of the costs attributable to the event or situation covered by the provision, plus appropriate profit or fee, all as computed by the Agency procurement officer in accordance with generally accepted accounting principles and applicable sections of chapters 3-123 and 3-]26, HAR. b. Submission of cost or pricine data. The CONTRACTOR shall provide cost or pricing data for any price adjustments subject to the provisions of chapter 3-122, HAR. 22. Variation in Ouantiri for Definite Ouantity Contracts. Upon the agreement of the STATE and the CONTRACTOR, the quantity of goods or services, or both, if a definite quantity is specified in this Contract, may be increased by a maximum often per cent (10%); provided the unit prices will remain the same except for any price adjustments otherwise applicable; and the Agency procurement officer makes a written determination that such an increase will either be more economical than awarding another contract or that it would not be practical to award another contract. 23. Chances in Cost-Reimbursement Contract. 1f this Contract is a wst-reimbursement contract, the following provisions shall apply: a. The Agency procurement officer may at any time by written order, and without notice to the sureties, if any, make changes within the general scope of the Contract in any one or more of the following: (1) Description of performance (Attachment 1); (2) Time of performance (i.e., hours of the day, days of the week, etc.); (3) Place of performance of services; AG-008 Rev. 6/25/2007 Attachment 5 (4) Drawings, designs, or specifications when the supplies to be famished are to be specially manufactured for the STATE in accordance with the drawings, designs, or specifications; (5) Method of shipment or packing of supplies; or (6) Place of delivery. b. If any change causes an increase or decrease in [he estimated cost of, or the time required for performance of, any part of the performance under this Contract, whether or not changed by the order, or otherwise affects any other terms and conditions of this Contract, the Agency procurement officer shall make an equitable adjustment in the (1) estimated cost, delivery or completion schedule, or both; (2) amount of any fixed fee; and (3) other affected terms and shall modify the Contract accordingly. c. The CONTRACTOR must assert the CONTRACTOR'S rights to an adjustment under this provision within thirty (30) days from the day of receipt of the written order. However, if the Agency procurement officer decides that the facts justify it, the Agency procurement officer may receive and act upon a proposal submitted before final payment under the Contract. d. Failure to agree to any adjustment shal I be a dispute under paragraph 11 of this Contract. However, nothing in this provision shall excuse the CONTRACTOR from proceeding with the Contract as changed. e. Notwithstanding the terms and conditions of subparagraphs 23a and 23b, the estimated cost of this Contract and, if this Contract is incrementally funded, the funds allotted for the performance of this Contract, shall not be increased or considered to be increased except by specific written modification of the Contract indicating the new contract estimated cost and, if this contract is incrementally funded, the new amount allotted to the contract. 24. Confidentiality of Material. a. Al] material given to or made available to the CONTRACTOR by virtue of this Contract, which is identified as proprietary or confidential information, will be safeguarded by the CONTRACTOR and shall not be disclosed to any individual or organization without the prior written approval of the STATE. b. All information, data, or other material provided by the CONTRACTOR to the STATE shall be subject to the Uniform Information Practices Act, chapter 92F, HRS. 25. Publicity. The CONTRACTOR shall not refer to the STATE, or any office, agency, or officer thereof, or any state employee, including the HOPA, the CPO, the Agency procurement officer, of to the services or goods, or both, provided under this Contract, in any of the CONTRACTOR'S brochures, advertisements, or other publicity of the CONTRACTOR. All media contacts with the CONTRACTOR about the subject matter of this Contract shall be referred to the Agency procurement officer. 26. Ownershio Ri¢hts and Copvrieht• The STATE shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the CONTRACTOR pursuant to this Contract, and all such material shall be considered "works made for hire." All such material shall be delivered to the STATE upon expiration or termination of this Contract. The STATE, in its sole discretion, shall have the exclusive right to copyright any product, concept, or material developed, prepared, assembled, or conceived by the CONTRACTOR pursuant to this Contract. 27. Liens and Warranties. Goods provided under this Contract shall be provided free of all liens and provided together with all applicable warranties, or with the warranties described in the Contract documents, whichever are greater. AG-008 Rev. 6/25/2007 I2 Attachment 5 28. Audit of Books and Records of the CONTRACTOR. The STATE may, at reasonable times and places, audit the books and records of the CONTRACTOR, prospective contractor, subcontractor, or prospective subcontractor which are related to: a. The cost or pricing data, and b. A state contract, including subcontracts, other than affirm-fixed-price contract. 29. Cost or Pricin Data. Cost or pricing data must be submitted to the Agency procurement officer and timely certified as accurate for contracts over $100,000 unless the contract is for amultiple-term or as otherwise specified by the Agency procurement officer. Unless otherwise required by the Agency procurement officer, cost or pricing data submission is not required for contracts awarded pursuant to competitive sealed bid procedures. If certified cost or pricing data are subsequently found to have been inaccurate, incomplete, or noncurrent as of the date stated in the certiftcate, the STATE is entitled to an adjustment of the contract price, including profit or fee, to exclude any significant sum by which the price, including profit or fee, was increased because of the defective data. It is presumed that overstated cost or pricing data increased the contract price in the amount of the defect plus related overhead and profit or fee. Therefore, unless there is a cleaz indication that the defective data was not used or relied upon, the price will be reduced in such amount. 30. Audit of Cost or Pricine Data. When cost or pricing principles are applicable, the STATE may require an audit of cost or pricing data. 31. Records Retention. The CONTRACTOR and any subcontractors shall maintain the books and records that relate to the Contract and any cost or pricing data for three (3) years from the date of final payment under the Contract. 32. Antitrust Claims. The STATE and the CONTRACTOR recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the CONTRACTOR hereby assigns to STATE any and all claims for overchazges as to goods and materials purchased in connection with this Contract, except as to overcharges which result from violations commencing after the price is established under this Contract and which are not passed on to the STATE under an escalation clause. 33. Patented Articles. The CONTRACTOR shall defend, indemnify, and hold harmless the STATE, and its officers, employees, and agents from and against all liability, loss, damage, cost, and expense, including all attorneys fees, and all claims, suits, and demands arising out of or resulting from any claims, demands, or actions by the patent holder for infringement or other improper or unauthorized use of any patented article, patented process, or patented appliance in connection with this Contract. The CONTRACTOR shall be solely responsible for correcting or curing to the satisfaction of the STATE any such infringement or improper or unauthorized use, including, without ]imitation: (a) famishing at no cost to the STATE a substitute article, process, or appliance acceptable to the STATE, (b) paying royalties or other required payments to the patent holder, (c) obtaining proper authorizations or releases from the patent holder, and (d) famishing such security to or making such arrangements with the patent holder as may be necessary to correct or cure any such infringement or improper or unauthorized use. 34. Governing Law. The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, shall be governed by the laws of the State of Hawaii. Any action at law or in equity to enforce or interpret the provisions of this Contract shall be brought in a state court of competentjurisdiction in Honolulu, Hawaii. 35. Compliance with Laws. The CONTRACTOR shall comply with all federal, state, and county laws, ordinances, codes, rules, and regulations, as the same may be amended from time to time, that in any way affect the CONTRACTOR'S performance of this.Contract. AG-008 Rev. 6/25/2007 I3 Attachment 5 36. Conflict Between General Conditions and Procurement Rules. In the event of a conflict between the General Conditions and the procurement rules, the procurement rules in effect on the date this Contract became effective shall control and are hereby incorporated by reference. 37. Entire Contract. This Contract sets forth all of the agreements, conditions, understandings, promises, warranties, and representations between the STATE and the CONTRACTOR relative to this Contract. This Contract supersedes al] prior agreements, conditions, understandings, promises, warranties, and representations, which shall have no further force or effect. There are no agreements, conditions, understandings, promises, warranties, or representations, oral or written, express or implied, between the STATE and the CONTRACTOR other than as set forth or as referred to herein. 38. Severabilitv. In the event that any provision ofthis Contract is declared invalid or unenforceable by a court, such invalidity or unenforceability shall no_ t affect the validity or enforceability of the remaining terms ofthis Contract. 39. Waiver. The failure ofthe STATE to insist upon the strict compliance with any term, provision, or condition ofthis Contract shall not constitute or be deemed to constitute a waiver or relinquishment of the STATE'S right to enforce the same in accordance with this Contract. The fact that the STATE specifically refers to one provision of the procurement rules or one section of the Hawaii Revised Statutes, and does not include other provisions or statutory sections in this Contract shall not constitute a waiver or relinquishment of the STATE'S rights or the CONTRACTOR'S obligations under the procurement rules or statutes. 40. Pollution Control. If during the performance of this Contract, the CONTRACTOR encounters a "release" or a "threatened release" of a reportable quantity of a "hazardous substance," "pollutant," or "contaminant" as those terms are defined in section 128D-1, HRS, the CONTRACTOR shall immediately notify the STATE and all other appropriate state, county, or federal agencies as required by law. The Contractor shall take all necessary actions, including stopping work, to avoid causing, contributing to, or making worse a release of a hazardous substance, pollutant, or contaminant, and shall promptly obey any orders the Environmental Protection Agency or the state Department of Health issues in response to the release. In the event there is an ensuing cease-work period, and the STATE determines that this Contract requires an adjustment of the time for performance, the Contract shall be modified in writing accordingly. 41. Campaign Contributions. The CONTRACTOR is hereby notified of the applicability of 11-205.5, HRS, which states that campaign contributions are prohibited from specified state or county government contractors during the terms of their contracts if the contractors are paid with funds appropriated by a legislative body. AG-008 Rev. 6/25/2007 14 Harry Kun Mayor rT:•MW «' •j - ~• ~iy.... .. ~~. O'a'wi (~mxzttg of ~tt£uttii PLANNING DEPARTMENT 101 Pauatu 8trce4 8ui[e 3 • Hilo. Hawaii 96720A224 (808) 961-8288 • FNC (808) 961-8742 November 7, 2008 Ms. Erin Simmons, Director Center for Communities by Design The American Institute of Architects 1735 New York Avenue, NW Washington, DC 20006-5292 Attachment 6 Christopher J. Yuen Director Brad Kurokawa, ASLA LEED®AP Dcpury Director Re: 2009 Sustainable Design Assessment Team (SDAT) Program Proposal for Envision Downtown Hilo 2025 -Hilo. Hawaii Dear Ms. Simmons: Please find enclosed the application for the 2OD9 Sustainable Design Assessment Team {SDAT} Program submitted on behalf of the County of Hawaii Planning Department and the EDH 2025 VisionKeepers. Envision Downtown Hilo 2025: ACommunity-Based Vision and Living Action Plan (EDH 2025) forms the basis for this application, which we have titled: Envision Downtown Hilo 2025 Strategic Implementation for Lang-term Sustainability Adopted by the Hawaii County Council in November, 2005, EDH 2025 started as a grass-roots planning effort and has grown into an island-wide model for community plan implementation. The 2009 SDAT Program represents a timely opportunity to bring fresh wisdom and skills into the implementation process as we embark on our five-year Action Plan Update and critical new issues relevant to long-term economic, social, and environmental sustainability emerge. We sincerely appreciate this opportunity and ask for your favorable consideration of this application. Sincerely, ~~ Christr .Yuen Planning Director ~~;~~~~ ~i~~ Eileen O'Hara Chair, EDH 2025 VisionKeepers KY/SG:cs P:\wpwin60\SUSAN\EDH Phase lllmplementation\AIA-SDAT Funding\Final Application\cover_letter_VK_PD SDAT.doc Hawaii County is an Equal Opportunity Provider and Employer. Attachment 6 ENVISION DOWNTOWN HILO 2025 Strategic Implementation for Long-term Sustainability Hilo, Hawaii -November, 2008 (! ~'n~--.,~ n ~°K'nFown Hilo Attachment 6 Attachment 6 TABLE OF CONTENTS TABLE OF CONTENTS 1 PROJECT INFORMATION 2 Summary Page 2 Community Description 3 PROJECT ORGANIZATION: LOCAL CAPACITY AND RESOURCES 11 Envision Downtown Hilo 2025 it Steering Committee Information 11 Educational Partners 14 Community Partnerships 14 Communications and Media Outreach Plan 17 PROBLEM STATEMENT AND ISSUES ANALYSIS 20 Study Area 20 Barriers to Success 20 Scope of Issues 22 Objective of the SDAT Process 25 BUDGET AND FUNDING INFORMATION 26 SDAT PROJECT TIMELINE 28 CONCLUDING REMARKS 30 REFERENCES 31 Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachment 6 PROJECT INFORMATION ^ Summary Page Project: Envision Downtown Hilo 2025: ACommunity-Based Vision and Living Action Plan Strategic Implementation for Long-term Sustainability Primary Contacts: Abstract: Susan Gagorik, Long Range Planner County of Hawaii Planning Department st;aeorik@co.hawaii.hi.us Phone: (808) 961-8288 ext. 256 www.co. haws i i. h i. us/ed h2025 Kylie Alexandra, Community Planning Assistant County of Hawaii Planning Department edh2025@email.com Phone: (808) 896-8944 Envision Downtown Hilo 2025 (EDH 2025) represents a grassroots visioning process that inspired a community. Citizens in Hilo came together to form collaborative partnerships, and through that process, fostered local capacity that ensures Downtown Hilo will always be the special place that it is today. EDH 2025 is about our future. It is about learning how to make shared commitments, discovering what we're good at and acknowledging our unique contributions. Foremost -it's about having fun while working together to achieve shared goals. Like most plans, implementation is critical in EDH 2025. In Downtown Hilo, there are many dedicated people who have the passion and will to make things happen. In the EDH 2025 Plan, these people are called Lead Solution Partners (LSPs). They are organizations or agencies who take the lead role for achieving or implementing an action. They are the movers and shakers that transform a desired action from a written statement to reality. LSPs are the shining stars that have many success stories to share. Despite our successes, implementation is not easy. How do we maintain a long-term commitment to implement a 20-year Vision and Living Action Plan given the economic, environmental, physical and social constraints and challenges Downtown Hilo faces today? How do we translate the "big picture' Vision into clear and articulate strategies and actions that, when pieced together, become the picture we hold true to our heart? What criteria will help us prioritize actions? How do we measure our progress and know how well are we doing - with simple benchmarks? What are some of the best practices, policies and design tools available that can help us to create a more "visual" vision? How can we continue to think and Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 act in creative and innovative ways that promote progressive change? These and other questions are what the EDH 2025 VisionKeepers and LSPs have grappled with during our first three (3) years of implementation. Our upcoming five (5) year Action Plan Update will involve a comprehensive community-review process. In preparation for this, we will revisit each of the Plan's six (6) Focus Areas: Creating Economic Vitality; Preserving Our Environment; Strengthening and Sustaining Our Community; Enhancing Education, Culture, & the Arts; Promoting Health and Safety; and Managing Growth. The six Focus Areas reflect the holistic nature of true sustainability, and ensure that every interested stakeholder and community member can find an avenue for participation. Inherent in the dynamic nature of a Living Action Plan is the importance of identifying new strategies and actions throughout the implementation process. Being a grassroots project with minimum "expert" assistance, we can use the influx of wisdom, fresh energy, and best practices offered by the SDAT Program to assist us in finding answers to the questions listed above. As we embark on our five-year Action Plan Update it is essential that we develop a framework for sustainable planning and implementation. The potential to participate in the SDAT Program represents an exciting opportunity for Downtown Hilo. ^ Community Description History: The history of Downtown Hilo is intricately linked with the unique history, culture, geography, and economic status of the greater surrounding area. Native Hawaiians operated with the traditional system of land division known as the ahupua'a. Ahupua'a form self-sustaining "wedges" that extend from the mountain top to the sea and followed the lines of the natural watershed. Each ahupua'a contained diverse climate zones and an abundance of natural Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 resources. However, during the 1800s, traditional land use patterns started to change. Land was divided into Crown Lands, Konohiki Lands, and Government Lands. In 1850, the Kuleana Act established fee simple ownership of land parcels that were independent from the ahupua'a in which they were located. The first Christian missionaries arrived in around 1820. In 1832, David and Sarah Lyman established the Lyman House and founded the Hilo Boarding School for young Hawaiian men. Located in Downtown Hilo, the Lyman House is now a museum and is listed on the State and National Register of Historic Places. The latter part of the 1800s witnessed the emergence of the sugar industry, and by the early 20`h Century sugar represented a vital part of Hilo's economy. Large-scale sugar plantations and plantation villages molded Hilo's economy and socio-cultural history for over a hundred years. The industry declined during the 21~t Century and eventually disappeared with the last sugar mill closing in 1994. The world famous Kilauea Volcano continues to erupt about 30 miles southwest of Downtown Hilo, which has often been the starting point for many pilgrimages to the site of the volcano. In 1911, the Hawaii Volcano Observatory was established with the help of Thomas Jagger. In 1935, an eruption from Mauna Loa threatened the town of Hilo. Thomas Jagger borrowed the idea of bombing the lava flow in order to avert its flow. Ultimately, Hilo was saved although it is unclear if this can be attributed to Thomas lagger's efforts. Indeed, Downtown Hilo is no stranger to natural disaster. On April 1, 1946, a devastating tsunami claimed 96 lives and destroyed the coastline along Hilo Bay. The waves destroyed the coastal railroad and commercial centers of Shinmachi and Waiakea Town. In 1960, another tsunami struck Downtown Hilo claiming 61 lives and causing $SO million worth of property damage. As a result, government and commercial buildings were relocated further inland. The former site of Shinmachi is now designated as open green space suitable for recreation and greatly increases the quality of life for Hilo residents. On a Saturday morning, this is a busy gathering place, where families sit and 'talk story' as they watch our keiki (children) play soccer and other sports. However, for those familiar with Hilo's history the open space represents a constant reminder of the destructive power of tsunamis. Form of Local Government: Downtown Hilo is located in the County of Hawaii, which encompasses the entire Island of Hawaii and is one of four counties that comprise the State of Hawaii. The seat of government for the County of Hawaii is located just outside the boundary of the Downtown Business District. The various powers assigned to the County are derived from the laws and constitution of the State of Hawaii and are outlined in the Charter of the County of Hawaii (2000). Aside from the County, there are no local jurisdictions on the island. As a result, the County performs Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 services typically provided by local government, in addition to the broader services that are usually provided by county jurisdictions. The mayor heads the executive branch and is the Chief Executive Officer of the County. In conjunction with the Managing Director, the mayor coordinates the responsibilities of each of the county agencies. Each mayor is elected to a term of four years, and is allowed to serve two consecutive terms. Within the County of Hawaii, there is no position equivalent to that of City Manager. Agency heads and deputies are appointed by the mayor. Thus, their service co-terminates with the mayor unless they are re-appointed by the new mayor. The County Council forms the legislative branch of government and serves to develop public policy. Council terms are two years, with one member elected from each of the nine districts delineated on the island of Hawaii. Downtown Hilo is located in council district four, which borders district two (see map). The elections held on November 4th, 2008, will result in a new County Administration, including a new mayor, agency heads and deputies, and council member for Downtown Hilo. Past Planning Efforts: Following the devastating tsunami in May, 1960, the Hawaii County Council created the "Hawai'i Redevelopment Agency" to devise an Urban Renewal Plan for the Kaiko'o Proiect which the agency published in June, 1965. The Kaiko'o Project pertains to an area located northeast of Downtown Hilo that was devastated by the effects of the tsunami. The plan includes specific guidelines for land uses and future development, with the aim minimizing loss of life from future tsunamis. Due to low elevation and nearness to the ocean, the inundated areas were designated "Open Areas" and the subsequent green fields are now a popular community recreation place. In 1961 A Plan for the Metropolitan Area of Hilo was completed as a regional component of the overall General Plan studies. In 1971, the Hawaii County Council adopted its first comprehensive General Plan that integrated planning efforts for each district on the island and set forth guidelines pursuant to the social, physical, and economic environment. As a direct consequence of this General Plan, in August 1974 the Planning Department published the Hilo Envision Downtown Hilo 2025 ~ sDATApplication 2009 Attachment 6 Communitv Development Plan ("The Hilo Plan"l. The Hilo Plan outlined specific recommendations that would guide the Planning Department and Planning Commission over the next ten years in actions relevant to the district of South Hilo. Concurrent with The Hilo Plan, the Hawaii County Council adopted the Hilo Downtown Redevelopment Plan by ordinance number 53 in August, 1974. This plan established guidelines for the County to apply in its revitalization effort of the Downtown area. In March, 1980, the Hawaii County Council passed Resolution 53 to reactivate the Hawaii Redevelopment Agency for the purpose of developing an economic revitalization plan for Downtown Hilo. In June, 1985, the Council passed Resolution 59-85 adopting the Downtown Hilo Redevelopment Plan. As part of this plan, the Agency set forth Rule 6: Downtown Hilo Urban Desien Rules which includes design rules for preserving Downtown Hilo's historic character. In addition, Rule 6 aims to restore important buildings and sites and provide for pedestrian-oriented pathways, landscaping and architectural management, and other related public improvements. An Amendment to the County Charter in 2000 abolished the Hawaii Redevelopment Agency and transferred functions to the Planning Department, including Rule 6. In November 2005, the Hawaii County Council adopted Envision Downtown Hilo 2025: A Communitv-Based Vision and Livine Action Plan (EDH 20251 by resolution 192-OS as a guideline for future development in Downtown Hilo and to serve as an island-wide model for the community visioning and planning process. EDH 2025 represents the first time on the Island of Hawaii that community members had the opportunity to articulate a clear common vision for their community and translate that vision into specific implementable action steps. Citizens of Hilo seized the opportunity to develop a progressive plan that incorporates sustainable planning principles that are cherished by the community. EDH 2025 emphasizes implementation as the critical phase in the planning process. An implementation committee called the "VisionKeepers" formed in early 2006 to ensure that EDH 2025 does not "sit on the shelf" as past plans have, but serves its intention as a holistic guide for Downtown Hilo. The County of Hawaii most recently updated its General Plan in 2005 and called for the renewal of community development plans in order to translate the broad General Plan statements to specific geographic regions. Using EDH 2025 as a model, the Planning Department has instituted the development of regional Community Development Plans (CDPs) that now provide an avenue for community members to participate in the planning process in the location in which they live. Subsequently, the County Council passed an Ordinance 08 98 to establish a framework for CDP Action Committees for each of the plan areas. This is the County's commitment to ensure that implementation of the CPDs corresponds with a proactive community-based stewardship process. Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 The following demographic information pertains specifically to Census Tract 203: Downtown Hilo - Pu'ueo. Population 3, 779 Households 1618 Families " 866' dncome Median Household Income '.Median Family'Income 26,.146 33, 500 E ~, t Education' High. School Graduate or Higher 82.2% ,~ Bachelor's Degree or Hi>;her 23.8% * Consists of people who chose only one race ** Consists of people who chose only one race or one race in combination with one or more other races Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachment 6 Economic Information: Downtown Hilo, and the Island of Hawaii, maintains a diverse economy that combines agriculture, aquaculture, livestock trade, tourism, education, government, and health services. Hilo is at the center of the world's largest tropical flower industry. A multitude of flower farms and flower cooperatives export a variety of cut flowers and potted plants world-wide. Roughly 55% of the island is dedicated to agriculture. Livestock sales total $25 million annually. Hawaii Island is the states largest producer of honey-about one million pounds per year. Aquaculture farms produce about eleven million pounds of aqua-products per year consisting of a variety of fish and seafood, in addition to several types of microalgae destined for the pharmaceutical industry. As one of the last remaining traditional plantation towns, Downtown Hilo's historic character continues to attract a large number of visitors. In 2007, domestic visitors totaled 1,264,752 in addition to 337,755 international visitors. Of these, 405,386 visitors arrived by cruise ship. Downtown Hilo exhibits a thriving art and culture scene with four world-class museums and arts institutions all located within walking distance of each other. Hilo is the renowned "hula capital of the world" and each year hosts the Merrie Monarch Festival which attracts thousands of domestic and international visitors. The Merrie Monarch Festival serves to perpetuate and promote Hawaiian culture and in particular the art of.hula. The Merrie Monarch is named in honor of King Kalakaua who was instrumental in reviving hula, which had been banned by early Christiari missionaries for over seventy years. Downtown Hilo hosts a variety of other arts and cultural festivals that are vital to. the local economy. Examples include: Hawai'i's World Heritage Festival, the Annual Big Island Hawaiian Music Festival, and the Hilo Chinese New Year. Regional Setting and Influences: Downtown Hilo is located in the cradle of Mauna Kea and the Pacific Ocean. Its isolated location in the middle of the Pacific Ocean contributes to the unique interplay of exotic visitor destination concurrent with relatively limited economic opportunities. However, a vital sense of community is deeply woven into the social fabric of Hilo and this directly correlates with Hilo's ability to survive challenging economic times. The University of Hawai'i's Hilo campus is the largest outside of Honolulu, and offers a range of undergraduate and graduate programs. Despite this, Hilo struggles to retain its youth population who often perceive greater opportunities on the U.S. mainland. One of the core features essential to revitalizing Downtown Hilo's economy is the development of opportunities that will enable young people to pursue their careers while remaining on the island. In Downtown Hilo, one cannot escape the awareness that we live with the risk of natural and human-made disasters. Earthquakes, tsunamis, volcanic eruptions, and hurricanes all affect the Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 Island of Hawaii. In particular, Downtown Hilo, with its historic wooden structures, is at risk from widespread fire. Each of these elements are critical to consider in any planning process. Moreover, developments related to climate change and rising sea levels represent an emerging concern that warrants further attention. Project Area and Contextual Information: The project boundaries applicable to EDH 2025 are indicated by the black line in the adjacent image. The boundary coincides with the Downtown Hilo Commercial District (CDH), which allows for mixed commercial, residential, and open spaces. This area is framed to the north by the Wailuku River; to the east by Hilo Bay; to the south by Ponahawai Street; and in the west by Kapiolani Street. The area is bordered by both the Pu'ueo and Kukuau sub-areas. The red dashed line indicates the Special Management Area (SMA). All developments proposed within the SMA require a SMA Major or Minor Permit to be processed by the Planning Department. D ENWSION DOWNTOWN HIL02025 f s v "` 'Ike is Hilo .~ * -~---- +~VISION PLAN ARfA ,m ~' "' . Cd ~i ~,; r.=~.rr ti t rk,. ~..~~.. ~.. a w, It is important to note that the entire Island of Hawaii is designated a Coastal Zone Management (CZM) Area. Accordingly, the Planning Department receives funds from NOAA through the State Office of Planning to promote and reinforce CZM objectives. There are no parking requirements for new development in Downtown Hilo. The lack of available parking ranks consistently high in community surveys as one of Downtown Hilo's greatest challenges. Resolving the issue of parking corresponds with the need to address the lack ofmulti-modal transportation, including pedestrian and bicycle facilities. Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachment 6 Geographic and Topographic Data: Downtown Hilo is located at latitude 19 degrees north and longitude 155 degrees west. The greater Hilo area covers an area of 54.29 square miles with a population density of 750.8 persons per square mile. Census tract 203 (Downtown Hilo - Pu'ueo) which comprises the study area relevant to this project scope, covers an area of 1.27 square miles with a population density of 2981.8 persons per square mile. Downtown Hilo is located on the eastern slope of Mauna Loa on the edge of Hilo Bay (see map below). Elevation ranges from sea level to 600 feet on the urban fringe. Mauna Loa reaches 13, 679 ft above sea level while Mauna Kea, measured from its submarine base to the peak at 13, 769 ft above sea level, forms the tallest mountain on Earth. The sharp rise in altitude provides a rare opportunity to quickly traverse a microcosm of global climate variations; from lush tropical rainforest to desert steppes and snow-capped mountains. Located on the windward side of the island, breezy trade-winds from the northeast contribute to Downtown Hilo's unique climate characteristics. The average temperature is approximately 73 degrees Fahrenheit. Plentiful rain nurtures the abundant rainforest and provides the opportunity for diverse economic and recreational activities. Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachment 6 PROJECT ORGANIZATION: LOCAL CAPACITY AND RESOURCES ^ Envision Downtown Hilo 2025 It was a quiet Tuesday afternoon on March 22, 2004, in a hideaway basement of the Central Christian Church in Downtown Hilo, that a workshop titled "Downtown Hilo -Past, Present and Future" inspired our community. People were busily placing their dots on a map -sharing "what's great, not so great, and our dreams' for Downtown Hilo. Cherie Enns, a professor of Geography at University College of Frazer Valley in British Columbia, led our community through this simple exercise. No one realized that it would blossom into a full blown Community Vision and Living Action Plan. The Friends of Downtown Hilo Steering Committee (Friends) with the guidance of Visioning consultant and long-range Planner, Steven Ames, facilitated the creation of the Community- Based Vision and Living Action Plan by asking the community a series of questions: Where are we now; Where are we going; Where do we want to be; How will we get there; and Are we getting there? The Friends learned that if our Plan was to remain living and not simply sitting on our shelf, the last two questions needed to be answered. With his help, new avenues for community-based planning coalesced around the creation of the EDH 2025 Plan, which became the stimulus for initiating other community planning processes on the Island of Hawaii. The Hawaii County Council adopted Envision Downtown Hilo 2025: ACommunity-Based Vision and Living Action Plan (EDH 2025) by Resolution 192-OS in November, 2005. The EDH 2025 Plan is a comprehensive plan that includes a Community Vision Statement and Six Focus Areas, including Focus Area Vision Statements. It was the Island of Hawai'i's first grassroots community planning process since almost 20 years. Each Focus Area contains multiple strategies and actions that are implemented by Lead Solution Partners (LSPs). An LSP is an organization or agency that takes the lead role for achieving an action. Lead partnerships are often shared between a government agency and a community group. ^ Steering Committee Information With the adoption of the Plan, the Friends introduced a new successor committee called the EDH 2025 VisionKeepers. Today, the Vision Keepers with the assistance of the County of Hawaii Planning Department forge and pilot creative grassroots community planning. This committee will serve as the steering committee to help plan and promote the SDAT process. They will also continue to ensure that the results of the SDAT program are incorporated into the broader community involvement process for the EDH 2025 five (S) year action plan update. Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 The VisionKeepers are a group of volunteers who mission is "to energize, guide, inspire and strengthen partnerships within the community to implement the EDH 2025 Plan." They are a working committee and include individuals that are immersed in our community. Some of their primary responsibilities include, among others, to: • Promote the EDH 2025 Plan Monitor the Vision Action Plan • Support and encourage existing LSPs (track changes, measure progress in to successfully accomplish their the action plan) actions Produce an Annual Report • Share information regarding current Partner with the Planning news in and around Downtown Hilo Department to sustain the EDH 2025 • Showcase and celebrate Easy Wins Visioning and Implementation Process With a new commitment toward implementation, our plan can no longer comfortably sit on the shelf like previous plans. [Photograph: The Vision Keeper Committee] Please see the following list of 14 individuals who presently serve as VisionKeepers: FOCDSAREA NAME ADDRESS PHONE EMAIL ADDRESS j` ' "Enhancing SudhaAchar P.O.Box1412 '. sudhaacharCahotmail.com•~ ~~~~ ~~--Education, .(East HawaiiCultural WIo,H196720~~ '.9359085(b)- ~ ~ - '~ " -..r,,.:- Culture and the. ~ Councip' ; ':: ~ ~ ~ - . ...: =Arts. `.?. .' _~. 2 Promoting Health Kaholo Daguman, P.O. Box 133 kaholooua@hotmaiLcom and Safety (Connections New Ninole, HI 961-3664 (b) Charter School) 96773 3 'Managing Growth Neil Erickson S2 Ponahawai ~ ": Heil@tiiloarchitectsicom ` (Landowner, Business St. A69-4945 (b) owner)`:- ~~ Hilo;N196720 -`_ .' Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachment 6 4 Enhancing Tiana Kaluhiwa 5616Alawaena tianalmk@hawaii.edu Education, (University of ~ St Culture and the Hawaii-Hilo Student) Hilo H196720 Arts .:,5 `Creating Economic Paul Nash 15 2724Welea i'. zpmash@vahoo.com F. ;Vitality ' ( .' ,: ~(AtlasEngineering)' St. 961-8924 (b) { r ._ ., :: Pahoa.H196778 ;, ,..,., .. m 6 Strengthen and Kathleen Nielsen HCR 1 Box 5537 niesenk004@ hawaii.rr.com Sustaining Our (Housing& Kea'au,Hl 96749 Community Community -~ ' 'Preserving Our Eileen O'Hare, 16-2782'Papio St. `eohara@hawaii:rr.com ?~ -- Environment `_ 'ph.D.;Chair - Pahoa,:H196778 ~ I896-1902 (c) ',(Economics - .... ' Professor, DeVry, - ~ - . . `. .. .; ,. ~ ' .i '~'' University) ; : - ' - ,: :. .- (Pacific Biodiesel, !. .. ~ "' i ~ Inc) ~;: ~~ .. . .; 8 Enhancing Dolly Strazar, Vice 276 Haili St. director@Ivmanmuseum.or¢ Education, Chair Hilo, HI96720 935-5021 (b) Culture and the (Lyman Museum) Arts 'y' :. 'Strerigthenandll~ EIIenTakazawa,'. - '.28-2801' ~ ~~ anoi:hawaii@emailcom';.;`. .. ,Sustaining Our ,: .. . Treasurer : Mamalahoa Hwy. .640 9034 (d) ~ °' ' Community, - '(Citizeh)., Pepeeked,~Hl 96783 ..: 1o Managing Growth Caleb Yamanaka 1266 Iubs2003@¢maiLcom (Yamanaka Kamehameha 935-9766 (b) Enterprises, Inc.) Ave. Hilo HI 96720 6 u J4>tlll Vtl~Vl lrt Environment (Planning ' ~... .... , ~ Deoartment Liaisonl Alex Frost (Research & Development Liaison) Hilo, HI 96720 25 Aupuni St. k109 961-8811 (b) Hilo, HI 96720 o f ro s t@ c o. h a w a i i. h i. u s "' Sustaining Our,m:;. ~~".Community.~-!.: .(Community Planning Assistant) ': Hilo HL96720 .: '.896-8944 (c) ';;. : ~` `' _` ,. E ~ .,.~~. 1a Marlene Murray 2109E Kaiwiki Rd. marsmurrav@hawaiiantel.ne (Recorder) Hilo, HI 96720 t ;, HiloDowntdwn ~; .Jeff Melrose - ~ - leffreymelydse2@hawaiiarit ~~ ~ -Improvement '. - Association ~ ~ ~ ~ ' ~^` (Hilo Downtown Improvement .Association Liaison):' . 1-. ' ~ ~ ~ ~ ~ ~; el.net ..;:; ~ .~ ~.:, Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 ^ Educational Partners The University of Hawaii maintains a campus just a few miles from Downtown Hilo. The campus consists of approximately 115 acres with approximately 3500 students. Although it does not include an Architecture program, we have an excellent Geography Program that issues a Certificate in Urban Studies. Professor Sonia Juvik, Interim Dean of the College of Arts and Sciences, is also a Professor of Geography and Environmental Studies. During the last 3 years, Ms. Juvik has sent 3 interns during their Spring Semester to work on the EDH 2025 Project. Her attached letter of support explains her commitment to involve students to work with the SDAT program. We also plan to engage students enrolled at Hawaii Community College and Hilo High School.- The SDAT Program would be an opportunity to expose our local youth to ongoing planning efforts in our community, build leadership capacity, provide new community engagement tools, and inspire them to be active participants in creating the livable and healthy communities that enhances our Hawaii lifestyle. University of Hawaii at Hilo 200 W. Kawili St Hilo, HI 96720 Sonia P. Juvik, PhD Asst. Dean, College of Arts and Sciences Professor of Geography (808)974-7300 juvik@hawaii.edu Hawaii Community College 200 W. Kawili St Hilo, HI 96720 ^ Community Partnerships Sandra K. Claveria, M.ED. Instructor, Program Coordinator Human Services Program (808)973-0703 sclaveri@hawaii.edu Lead Solution Partners (LSPs) are existing community or government organizations who are committed to helping achieve our Community Vision. LSPs take the lead role for initiating or implementing an action(s) in the Living Action Plan. The primary focus of the VisionKeepers involves building relationships with existing committed LSPs. Our recently held second (2nd) EDH 2025 Town Meeting on Sept. 30, 2008 was a result of this collaborative effort. We recognize that due to the difficulty of initiating large actions in the Plan, the co-sharing of the LSP role between a community organization and government agency is most effective. To ensure that the LSPs are prepared to participate in the SDAT Program, we will convene them prior to the SDAT preliminary visit and the SDAT's arrival in Hilo. We recognize that their participation and contribution is critical to a successful SDAT Program in Hilo. We also want to Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachment 6 ensure that their valuable time spent participating .will be rewarding and beneficial to their organizations. We presently have 30 committed LSPs. These organizations are listed in the following table. We will also inform and meet with additional Potential Partners whom we believe can make a valuable contribution to the Living Action Plan. New organizations that we have made initial contact with include: the State Department of Health -Healthy Communities Initiative; Hawaii County Department of the Prosecuting Attorney; and Peoples Advocacy for Trails Hawaii (PATH ). _ ORGANIZATION CONTACT 1 Alice Moon & Co. Alice Moon 2 Big Island Resource Conservation and Development Council Steve Skipper 3 Bike Systems Advocates Sandy Bonk Peter Kubota 4 Connections Public Charter School John Thatcher 5 County of Hawaii Civil Defense Quince Mento 6 County of Hawaii Department of Public Works Bruce McClure Ron Thiel Noelani Whittington 7 County of Hawaii Department of Research and Development Jane Testa Diane Ley Beth Dykstra 8 County of Hawaii Environmental Management Bobby Leithead-Todd Linda Peters 9 County of Hawaii Fire Department Darryl Oliveira 10 County of Hawaii Mass Transit Agency Tom Brown 11 County of Hawaii Office of Housing and Community Development Edwin Taira Jeremy McComber 12 County of Hawaii Parks & Recreation Patricia Engelhard James Komata 13 County of Hawaii Planning Department Chris Yuen Brad Kurokawa Susan Gagorik Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 14 County of Hawaii Police Department Lawrence Mahuna William Derr 15 East Hawaii Cultural Council Sudha Achar 16 Hawaii Island Chamber of Commerce Barbara Hastings Mary Begier 17 Hilo Bay Watershed Advisory Group Susan O'Neill Steve Godszak 18 Hilo Downtown Improvement Association Lalea Sam Pulu'ole Jeff Melrose Marilyn Ednie Gary Cass 19 Hilo Farmers Market Keith De La Cruz 20 Hilo Public Library Claudine Fujii 21 Lyman Museum Dolly Strazar 22 Pacific Tsunami Museum Donna Saiki Genevieve Cain 23 Recycle Hawaii Paul Buklarewicz 24 Shipman House Bed & Breakfast Barbara Anderson 25 The Palace Theatre Cheryl Moore 26 Tropical Visions Ann L. Kalber 27 Wailuku River Walk Project Jim Ednie 28 YWCA of Hawaii Island Cynthia Albers Jan Meli Lorraine Davis 29 University of Hawaii, Hilo Geography Department Sonia Juvik 30 State Dept. of Health Nalani Aki Local Expert Resource Team (EERY): To ensure that a realistic and local perspective is incorporated into the charrette planning process, we will convene a LERT to dialogue and collaborate with the SDAT. The team will consist of experts who are knowledgeable and respected for their understanding of the Focus Areas in our plan and other specialized subject areas to ensure that a comprehensive and holistic dialogue occurs. These individuals understand the business community and economics, our unique physical environment, our local culture, safety issues, development issues, and government decision-making processes. They are familiar and have either worked on projects, policies or regulations and will have knowledge of the legal ramifications for making policy Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachment 6 changes. Local representation may include a Downtown Hilo Resource Person, Architect, Planner, Community Organizer, Engineer, Attorney, Economist and any other expert resources that the SDAT suggests. Existing Landowners/Developers: We can arrange for a talk story session with a few landowners that are working on new development projects, to meet with the SDAT experts. The purpose will be to provide insight on "life" and development in Downtown Hilo -its challenges and opportunities and why they choose to be here. "^ Communications and Media Outreach Plan Communications Personnel: The primary personnel responsible for coordination and implementation of the Communications Plan are: 1. Susan Gagorik, Long Range Planner County of Hawaii Planning Department sgagorik@co.hawaii. hi.us Phone: (808) 961-8288 ext. 256 www.co. hawa i i. h i. us/ed h2025 2. Kylie Alexandra, Community Planning Assistant County of Hawaii Planning Department edh2026@gmail.com Phone: (808) 896-8944 3. Marlene Murray, Document Specialist County of Hawaii Planning Department marsmurray@hawaiiantel.net Communications Partner: The primary communications personnel will collaborate with the following community organization in order to implement the Communications Plan: 1. Hilo Downtown Improvement Association Lalea Sam Pulu~ole, Executive Director sam@downtownhilo.com Phone: (808)935-8850 www. dow ntow n h i lo. co m Project Spokespersons: 1. Susan Gagorik, Long Range Planner County of Hawaii Planning Department sgagorik@co.hawaii.hi.us Phone: (808) 961-8288 ext. 256 www. co. h awa i i. h i. us/ed h 2025 2. Kylie Alexandra, Community Planning Assistant County of Hawaii Planning Department edh2025@gmail.com Phone: (808)896-8944 Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachment 6 3. Eileen O'Hara, Chair EDH 2025 VisionKeepers eohara@hawaii.rr.com Phone: (808)965-1981 Media Relations: Media Plan: 1. Press releases will be issued at the following junctures: a. Upon notification of application approval, and will include information about the SDAT Program and the goals of this project in particular; b. Prior to and immediately following the preliminary visit; c. Prior to the arrival of the Sustainable Design Assessment Team, and will include information on the designated experts, and how community members can be involved; d. Immediately following the SDATvisit, with a preliminary report on the outcomes; e. Once the final report becomes available. 2. One or more radio interviews will be scheduled during the SDAT visit. 3. News articles will be submitted through the following outlets: a. Hilo's primary newspaper, Hawaii Tribune-Herald - i. As a feature in the popular "Around Downtown' column; ii. In the Community Calendar, and iii. As a full news article. b. The popular island magazine, Big Island Weekly- i. As a full news feature, and ii. In the Community Calendar of Events. Print Media Outlets & Contacts: 1. Hawaii Tribune-Herald: David Bock, Editor Dbock@hawaiitribune-herald.com Phone: (808)930-7324 2. Big Island Weekly: Kristine Kubat, Editor kkubat@ bigislandweekly.com Phone: (808)930-8668 Radio Stations: 1. Pacific Radio Group (KAPA, KKBG, KPVS, KHLO) (808)961-0651 3. Lava 105 FM (808)329-8090 2. New West Broadcasting (KWXX, 697, KPUA) (808)935-5461 4. Hawaii Public Radio (808)955-8821 Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachmen~6 Communications Vehicles: Information regarding the SDAT visit will be posted on the following Websites: Envision Downtown Hilo 2025 www.co.hawaii.hi.us/edh2025 Hilo Downtown Improvement Association www.downtownhilo.com Announcements will be included in the following newsletters: County of Hawaii Weekly newsletter Hilo Downtown Improvement Association monthly e-newsletter Notifications about upcoming events and information will be sent to the following email lists: Envision Downtown Hilo 2025 Community Contacts and Lead Solution Partners* * Lead Solution Partners will be requested to forward all notices to their existing contacts. Word- of--mouth is a critical method for generating awareness and community participation. Hilo Downtown Improvement Association membership list Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 PROBLEM STATEMENT AND ISSUES ANALYSIS ^ Study Area ^ Barriers to Success An important objective of the VisionKeepers is to initiate the 5-year Action Plan update of the EDH 2025 Plan in early 2009 with the goal of completion in early 2010. This is the living nature of our plan and what we believe leads us toward long term sustainability. We have identified that our barriers to success fall into two major categories. The process we create and the contextual or content barriers around which we organize ourselves. Process barriers: 1. Since the community first gave input in 2004, new issues have emerged, such as climate change, green building strategies, or healthy communities. There is room in the Plan for new strategies that would address these issues, and warrant more innovative actions. Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachment 6 2. Throughout the initial implementation phase, our community has learned a lot about ourselves: We have started to build the social capital needed to be successful -and are empowered with new leadership skills to work together. Norietheless, we have come to realize that great ideas are only successfully implemented when the right people come together at the right time with the right opportunity. 3. During the initial creation of the EDH 2025 Plan, LSPs were identified by the community without direct LSP involvement. Much to our surprise, we were not always accurate on who "should" implement the Action Plan. We spent much time waiting for the wrong partner to implement an action. This was an important lesson that we also hope to address during the 5- yearAction Plan update. 4. Involving our existing committed LSPs and potential new partners during the early stages of the 5-year Action Plan update will engender broader support for the plan and will expedite implementation. To date, much of the Vision Keepers' time has been spent educating both government agencies and community organizations about the importance of working with a community-based vision plan. Had LSPs been involved during the Plan's formation, much of this would have already been accomplished. Although this is a fundamental step that also builds strength into our partnerships, it is time to move forward. Moreover, LSP input into the action plan early on would have ensured a clearer articulation of strategies and actions that would probably have made implementation easier. With the advent of a new Mayor and County administration beginning December 1, 2008, it becomes even more crucial that new government agency directors are involved in the Action Plan update. 5. The lack of communication with and involvement of critical implementation stakeholders represents a significant barrier to effective implementation of the EDH 2025 Plan. 6. The challenging economic climate restricts many organizations from committing to implementation. Sustaining their organizations requires their wholehearted attention which prevents spending more time in collaborative processes. 7. We have also struggled with prioritization of projects. What criteria will help prioritize actions in the plan? Can Downtown Hilo's prioritized actions fit into the larger scheme that serves common island-wide issues? If so, how can we effectively collaborate with other communities on these island-wide issues? Where does EDH 2025 actions fit into a LSP's own strategic planning process and are they a priority? For example, how do we position a proposed EDH 2025 county action in the County's Capital Improvement Project (CIP) budget? 8. Working as a grassroots effort and serving as a pilot project with a minimal budget increases our leadership skills, but places strain on staff and volunteers. Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 9. The lack of a design plan that exists side by side with the written plan to portray the visual rendering of Downtown Hilo in the year 2025 prohibits clearer action direction. Contextual barriers to successful sustainability also exist. These barriers are addressed in the following "Scope of Issues" which is sectioned according to the six Focus Areas in the EDH 2025 Plan. They address economic, environmental, physical, social, health and safety, and managing growth constraints and challenges Downtown Hilo faces today. ^ Scope of Issues Creating Economic Vitality: 1. What truly makes Downtown a welcoming place to shop are the variety of small shops and restaurants that appeal to locals and tourist alike. With difficult economic times, however, small businesses are often hit the hardest - leaving vacant and unkempt buildings. Working with landowners to demolish derelict buildings, revitalize existing structures, or develop vacant lots is a major challenge. 2. New development has not occurred in Downtown Hilo for many years. For development to happen it must be economically feasible for landowners. Recently, there has been interest for potential development. How do we integrate the community vision into our review processes and how do we work with conflicting code requirements? 3. Although a recent poll indicated that there is a wide support of mixed-use residential development in Downtown Hilo, there are very few 2"d floor living spaces. Most of Downtown closes by 6:00 p.m. How do we encourage mixed-use development that "increase eyes on the street" and the feeling of being safe in Downtown? 4. Downtown Hilo is one of the last surviving traditional Hawaiian towns. How do we struggle to balance the need to preserve the "old" historic character with the need for "new" stimulating economic vitality and ensuring that Downtown Hilo is an attractive locale for investment? Preserving Our Environment: 1. Plans are currently underway for the "Hilo Bayfront Trails Project" which delineates multi-modal trails from the Wailuku River to the Pier, winding right through Downtown Hilo. This project represents a Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 signature action in the EDH 2025 Plan as it includes elements of other Focus Areas; for example, bicycle paths, interpretive signage, and increased pedestrian-friendly access to Downtown. Once the trail alignment is identified and the required environmental review processes are finalized, implementation will only happen with the commitment from a variety of stakeholders who are willing to adopt this project. 2. Hilo is known for its rain. On average we receive approximately 129 inches of rain per year. Downtown's location at the base of the Hilo Bay Watershed also makes it highly vulnerable to flooding. Strengthening and Sustaining Our Community: 1. The Hawaiian culture is centered on the ohana or family, which extends beyond the traditional western definition, and toward the whole community as an acknowledgement of our interdependent relationships with those around us. We believe that our downtown's true measurement of success relates to a prioritization of our children and a true dedication to our seniors, and that by focusing on our community ohana, we honor the values of our host-culture. To that end, we want our downtown to reflect a celebratory atmosphere where the child in all of us feels safe to play, learn, interact, and explore. A greater commitment to alleviating homelessness represents both an economic and humanitarian issue. We need to work with our partners to develop more youth-centered programs and activities, and cultivate Downtown as a major gathering place for all ages. 2. The diversity of Hilo's residents means that we are always looking for ways to reach out to increase community participation, especially amongst segments of the community who are sometimes reticent to do so. 3. There is a lack of new leadership to take the reins. Being a small town, many of the same people are called to the table as volunteers. Enhancing Education, Culture, and the Arts: 1. Especially during tough economic times, Hilo's culture and arts institutions remain the "heartbeat" of Downtown Hilo. These institutions and other non-profit organizations, however, face a financial strain. As we move forward, how do we better connect residents to the offerings of each of these institutions, which in turn help them to develop events and programs in line with the community's needs? Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment6 2. Moreover, we feel that the values of long-range community-planning oblige us to involve our schools and our youth so that they emerge as adults imbued with the ethos of sustainability. Promoting Health and Safety: 1. Downtown Hilo and its immediate surrounding area faced two major devastating tsunamis in 1946 and 1960 where buildings located directly along the bayfront were destroyed, as was nearby Waiakea Town and the Shinmachi community. Despite its difficult past, Downtown Hilo continues to maintain a visible vibrant presence and forms the center of attention in the lives of Hilo residents. Every Wednesday and Saturday morning, with the early rising sun, this resilient coastal community becomes a vibrant gathering place as the Hilo Farmer's Market opens. Vendors abound with fresh local fruits, vegetables, flowers, and homemade products. The Farmer's Market is where residents run into each other, stop and "talk story', and catch up on the latest news. Paradoxically, Downtown Hilo's vulnerable location on the edge of Hilo Bay also becomes one of its greatest strengths. However, disaster-preparedness education, whether it be tuned to tsunamis, earthquakes, hurricanes, or fires, is vital for maintaining the safety of our residents and our local economy. It is important that Downtown Hilo be prepared. 2. We recognize the importance of having a healthy, active population. To that end, new strategies are needed that highlight existing and outline new opportunities in Downtown for the promotion of a healthy lifestyle. Managing Growth: 1. In Downtown Hilo it is essential that we balance revitalization with preserving historic character. Part of this involves having clear, direct urban design guidelines. The Hawaii Redevelopment Agency (now dissolved) produced a set of regulations known as Rule No. 6: Downtown Hilo Urban Design Rules which was adopted by Resolution of the Hawaii County Council. Rule 6 contains numerous guidelines for ensuring aesthetic form continuity for buildings within the Downtown area. However, they have not been widely enforced and at times contradict other guidelines outlined in the Building Code. A recent initiative by the Planning Department includes forwarding new plan proposals to the Hilo Downtown Improvement Association for review and comment in accordance with Rule 6. Uncertainty exists as to the amount of authority Rule 6 has, especially where it contradicts with the Building Code. 2. Significant inhibitions to investment and revitalization exist in the County Building Code due to Downtown Hilo's vulnerable position in the tsunami-inundation zone. For example, for Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 structures located within the tsunami inundation area, current building code restrictions state that the cost of building renovations cannot exceed more than SO% of the market value in one year. Should they exceed that amount, they must comply with present day code requirements. For most existing buildings, this would mean that the ground floor has to be vacant. 3. As with many downtowns, lack of parking remains a problem. Due to the small size of lots, the existing CDH zoning designation does not require new development to provide parking. ^ Objective of the SDAT Process With the combination of amulti-disciplinary team provided by the SDAT Program, our Local Resource Expert Team, and LSPs all in one place, we can host a powerful and inspirational dialogue. By reviewing current and new implementation strategies and actions, we can further discuss our barriers to success and begin to identify new tools, resources, policies that will assist us in taking doable first steps. The resolution of these barriers can help us during the review of the action plan which will ultimately lead us toward creating a sustainable design plan for Downtown Hilo. A visual sustainable design plan will serve as a powerful driving force for implementing our Vision and Action Plan. We propose that our Lead Solution Partners be the key stakeholders who meet with the SDAT. As implementers of the EDH 2025 Plan, they can provide a realistic explanation of strategies and actions given their time, local resources and funding capabilities. They can also help to identify new emerging issues confronting our community that need to be incorporated into the Plan. We also suggest involving new potential partners who can assist to broaden the scope of the Plan where it is presently lacking. Using the Existing EDH 2025 Living Action Plan as the foundation for discussion, we propose that we work on the following specific outcomes with SDAT assistance: • Clarify existing and identify new implementation strategies in each Focus Area, • Clarify existing and identify new actions under each strategy, • Discuss the Strengths, Weaknesses, Opportunities, and Threats (SWOT) by Focus Area, • Identify practices, policies and tools for attainable first steps, • Identify criteria for prioritizing action projects, • Identify at least one easy win for each focus area, and • Identify steps and information needed to form a design plan. Once the Visiting Team leaves Hilo, the Vision Keepers will continue to seek community input on the proposed strategies and actions suggested by the LSPs. The goal would be to complete the Action Plan update and ideally produce a draft design plan by presenting to the Planning Commission and with final adoption by the County Council in June 2010. Refer to the SDAT Timeline section for more details. Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 PROPOSED BUDGET AND FUNDING INFORMATION As a pilot project promoting a collaborative approach to community-based planning, the EDH 2025 Vision Keepers have received financial support this fiscal year from the County of Hawaii Planning Department and the Hawaii County Council. The Planning Department has acknowledged the accomplishments of this grassroots EDH 2025 Project and has committed the necessary support services needed to cover apart-time Community Planning Assistant and a Recorder for the EDH 2025 project fiscal year July 2008 -June 2009. These individuals can also assist with the necessary planning preparation, public relations campaign, logistics, and hospitality arrangements prior to the arrival of the SDAT. In addition, a Planner in the Long Range Planning Division will help with coordination of the overall SDAT Program. We are pleased to announce that the State Department of Health has agreed to provide the $5,000 matching funds required from our community to participate in the SDAT program. We anticipate that additional funds and in-kind services will be needed beyond the $20,000 budget for the SDAT visit. We will work on securing the necessary cash and in-kind resources to support the SDAT Program and ensure that the team meetings, LSP work sessions and public open house gatherings are meaningful, enjoyable and inspiring. Please see the Proposed Budget on the following page for anticipated expenses. Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 o. a o E E ~ a ` v ° ; ~ ~ m , 3 ~ ~ ~ ' ;; a; 3 o v Y t' t+ C C D_ 2 ~ Y 41 N w O ~ m ~ p) O1 N ^ v i vi ~ C y a a o u ^ ^ ~ ~ Op S y i ~ Z ' NO C C ~ ~ d = u i . , ' ~ m o o ~ ~ a n a v n y c c ~ °. m d ~ a ut o o N ^ N ^ N ^ ~ C C N -~ ~ ~ w a ~ H a H ` n w a .~+ a m m m m w ~ p a a m m y F O ~ a c c ~ c ~ 1 >, m y >, >, ~ >. ~ c ' c ~ ~` a v v v c c c co ~ ., c c c c c« c c w Q Q ~ c c c ~ d > > n ? c o c c H C a = = Q vi d a a > u ~ m u V ~ > V~ a a X c 0 9 ~~ C C Y O ~^ X X X X X X X X X X X X X O O O O O 0 0 O O O O O O O ~ O O O 0 0 O G ~ O O O ~ ~ ~ N M v i N ill N N N N• ul V d u} ~ N N d M L C O V ' 0 0 O O O 0 0 0 0 O 0 0 O O O O O 0 0 0 0 O O O O O O O O > O C ~ ~ 0 0 i.~ ~ O) M N W v1 V1 f9 fA r N .--I ~ M .--I N ~ N +~ ~ N N N N N E H a 0 o r N u ~n O N 00 ~ O °~° O °~ m N m ~n p a u o y ~ c ~ 0 -p E v x x ~ io ~ s N O ~ O f O ° M N x m 0 o ~ ~ ~^ m ' "O y o x a m w K y m Z y l7 x m N x c t w E ~ ` v +n lp ~ a ~ N ~ 0_ ~ C N a E l O) ^ ) N N x _ V ~ y 2 ~, 0 x T -O s 0 ~ h ' C d ~ E u O G ~ Vl 01 C L h 0 V1 C O 0 O - O. O O N C ^ 9 ~ C N ~ v E E C a~+ O) O ~ m C aN+ i' p' E O n v o w v o n = E ~'+ ° ~~ ' o ~ ~ u ' a 3 E °' a a E c ~ ¢ O u lJ Q Q LL l.J V1 d l.1 ^ ~/ LL ~ LL C O. f- LL W Z (.1 W r ^ Y N ~ C p M ' O Y O ~ p vi Of ° ° a z a = c c E o N = o o a K - t: ~ q d ~ > O ~ ~ p J O 3 V U V 6 ~ N L L V .^_. V J F O 1' N U O .y N m v N ~ ^ ^ Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 SDAT PROJECT TIMELINE The EDH 2025 Plan was originally adopted in November 2005 with a scheduled 5-year Action Plan Update. During this past year, the VisionKeepers decided to initiate the update process in early 2009 and present an updated version of the Action Plan to the County Council in early 2010. The opportunity for the SDAT project timeline to coincide with the initiation of the 5-year Action Plan update process would ideally complement our ongoing planning activities. Further, due to the fact that we would like to involve university and high school students, we request that the visiting expert team arrive in Hilo during the week of May 4-8, 2009, before the spring semester ends and summer vacation begins. This would allow for high school youth participation and college student involvement. We propose the following tentative. project timeline for organizing an SDAT Program for Downtown Hilo: March 9-12, 2009, Monday -Thursday (Preliminary SDAT Visit) • Visit by SDAT Team leader and staff for preliminary assessment and to obtain additional information about our community May 5-9, 2009 Tuesday- Friday (3-day Intensive Planning Process with SDAT) Tuesday, May 5, 2009 • SDAT Team arrival Wednesday, May 6, 2009 (Preparatory work) • Initial Team Meeting with Planning Staff, Local Expert Resource Team • Walking Tour of Downtown Hilo, tsunami tour and visits to important places and gathering spaces • Tour of Farmer's Market (held on Wednesdays and Saturdays) • Appointments/Interviews with LSPs unable to attend intensive planning process • Continue Team Preparation Meetings Thursday, May 7, 2009 (charrette with LSPs) • LSPs representing six (6) focus areas meet with the SDAT • Identify easy wins • Local Expert Resource Team meets with SDAT • Open house for public to see work in progress in afternoon Friday, May 8, 2009 (Prepare report to public; hold open house) • Preparation for Informal presentations/open house for the general public • Host Open house -Display results/poll public (late afternoon/early evening) • Debrief with SDAT to discuss next steps Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 Saturday, May 9, 2009 • SDAT departs Hilo Post SDAT Departure -Our Proposed Timeline and Tasks: May-June 2009 (Develop Community Relations Plan) • Develop strategy and plan for community outreach and engagement in the S- yearAction Plan Update based on results of SDAT planning process July 2009 -September 2009 (Public review and input process) • Continue to host community/public open house/road show to encourage broad public participation invalidating the results of the SDAT • Tally results of the Charrette planning process • Collaborate with SDAT /incorporate recommendations toensure we are on track • Plan SDAT follow up visit or Conference Call • LSPs kick-off some new Easy Wins October 2009 -December 2010 (Compile results) • Staff compiles/formats results of the public input period January 2010 (Public Presentation/Final Compilation) • Present final draft to community for review and endorsement • First phase Major projects could begin • Final formatting/compilation of Updated Living Action Plan February 2010 (Approval process) • Forward Updated Action Plan to Planning Commission (PC) for Recommendation March 2010 (Public Hearing) • PC Public Hearing • PC Forward to County Council for Adoption April- May 2010 (Final Approval -Adoption) • Council Planning Committee and 2 Full Council Hearings June 2010 (Public Open House/Celebration • Celebrate and announce approval of updated Action Plan • Post SDAT Visit Envision Downtown Hilo 2025 ~ SDATApplication 2009 Attachment 6 CONCLUDING REMARKS Envision Downtown Hilo 2025 is all about our journey in creating our unique sense of place. It's about... Respecting our kupunas (elders) and listening to and sharing their stories, and acknowledging all those who have come before us and who have helped to make Downtown Hilo what it is today. Cherishing our keiki (children) by ensuring that Downtown Hilo is a welcoming place where they can learn, interact, and explore. Empowering local leadership and providing the opportunities, skills, and tools they need to implement actions and bring about change. Reaching out and involving citizens - who are here today and will be here in the future to enjoy this special place. Striving to create form, structure, physical spaces and design plans that provide a visual representation of what we articulate and express in words. Envision Downtown Hilo 2025 is all about sustaining Downtown Hilo as a gathering place - a healthy, safe, and thriving community. Envision Downtown Hilo 2025 I SDAT Application 2009 Attachment 6 REFERENCES Websites: • America's Story. http://www.americaslibrary.gov/cgi-bin/page.cgi/aa/kamehameh (accessed 10.24.2008). • County Charter,2000. http://co.hawaii.hi.us/council/charter/Final.pdf (accessed 10.24.2008). • Census 2000. http://Hawaii.goy/dbet/info/census (accessed 10.28.2008). • Hilo. http://www.city-data.com/us-cities/the-west/Hilo_economy.html (accessed 10.28.2008). • County of Hawaii Data Book. Department of Research and Development. http://co.hawaii.hi.us/datebook_current/dbooktoc.htm (accessed 10.28.2008). • County of Hawaii Statistics. Department of Research and Development. http://co.hawaii.hi.us/info.stats/dec07.pdf (accessed 10.28.2008). • Hawaii Timeline. http://www.hawaiihistory.org (accessed 10.29.2008). • Hilo Downtown Improvement Association. http://www.downtownhilo.com (accessed 10.24.2008). • Merrie Monarch Homepage. http://merriemonarchfestival.org (accessed 10.28.2008). • Wikimedia. http://commons.wikimedia.org/wiki/category:Maps_of_Hawaii (accessed 10.31.2008). Planning Documents: • Belt, Collins and Associates, Ltd. Hilo Downtown Redevelopment Plan. Hawaii, 1974. • Belt, Collins and Associates, Ltd. Hilo Community Development Plan. Hawaii, 1975. • Hawaii Redevelopment Agency. Urban Renewal Plan for the Kaiko'o Project. Hawaii, 1965. • Hawaii Redevelopment Agency. Rule 6 Downtown Hilo Urban Design Rules. Hawaii, 1987. Envision Downtown Hilo 2025 ~ SDAT Application 2009 Attachment 6 .D O W • o TO W ffiLO DOWNTOWN IIVfPROVEMMCNT ASSOCIATYON 329 Kamehameha Avenue -Hilo, Hawaii 96720 -Tel. (808) 935-8850 Fax: (808} 935-4356 -www.DowntownHilo.com infona,downtownhilo.com November 4, 2008 Erin Simmons, Director Center for Communities by Design The American Institute of Architects 1735 New York Avenue, NW Washington, DC 20006-5292 Re: 2009 Sustainable Design Assessment Team (SDAT) Program RFP for Downtown Hilo -Hilo, Hawaii Dear Ms. Simmons: We are pleased to provide our organization's support of the for the Envision Downtown Hilo 2025 (EDH 2025} application for the 2009 Sustainable Design Assessment Team (SDAT) Program. We are a non-profit association of 170 plus downtown businesses providing leadership to develop and nurture historic Hilo as a safe and attractive place to live, work and play. Our organization, as a Lead Solution Partner in the EDH 2025 Plan, is primarily focused on promoting Economic Vitality in managing growth through historic building renovations and preservation; Managing Growth by providing parking and renovations of exterior facades congruent with the historic feel of our downtown Hilo and adopting °Smart growth° principles. We are committed to serving as the communication partner for the SDAT program. Downtown Hilo is a special place and one of the last quaint, small, and traditional downtowns in Hawaii. We are excited that Downtown Hilo could participate in such a valuable intensive planning process with the assistance of the SDAT of experts and we look forward to working with you. This grant coincides timely with existing plans the EDH 2025 VisionKeepers have for initiating the update of the original 2005 Living Action Plan. Now in their 3b year of shepherding implementation, the EDH 2025 VisionKeepers have worked hard to establish the partnerships necessary to ensure that the plan continues to thrive and guide the development of the crommunity's Vision for Downtown Hilo. This grant provides Lead Solution Partners a valuable opportunity to gain new knowledge and skills that will guide us throughout the five (5) year Action Plan Update and the ongoing implementation process. We appreciate this opportunity and ask for your favorable consideration of this application Aloha. Sam Ptnu'o!P Executive Director Our mission is to provide leadership that develops and nurtures downtown Hilo as a safe and attractive place to live, work and play. c,-'..~ ~ tilLO BAY WATERSHED ADVISORY GROUP lfringingthc mmmnnifv fnpuNicr to understand and protec! Hoc ecnt~y of tlx I filn flay WatcrshM Date: 31 October 2008 Erin Simmons, Director Center for Communities by Design The American institute of Architects 1735 New York Avenue, NW Washington, DC 20006-5292 Re: 2009 Sustainable Design Assessment Team (SDAT) Program RFP for Downtown Hilo -Hilo, Hawaii Deaz Ms. Simmons: Attachment 6 We are pleased to provide our organization's support for the Envision Downtown Hilo 2025 (EDH 2025) application for the 2009 Sustainable Design Assessment Team (SDAT) Program. The Hilo Bay Watershed Advisory Group promotes sustainable water quality and watershed management practices through projects, education, and outreach. Our organization is very interested in becoming a committed Lead Solution Partner in the EDH 2025 Plan, primarily in the Focus Area(s) of water quality and education about Hilo Bay's ecology. Downtown Hilo is a special place and one of the last quaint, small, and traditional downtowns in Hawaii. We are excited that Downtown Hilo could participate in such a valuable intensive planning process with the assistance of the SDAT of experts and we look forward to working with you. This grant coincides timely with existing plans the EDH 2025 VisionKeepers have for initiating the update of the origina12005 Living Action Plan. Now in their 3rd year of shepherding implementation, the EDH 2025 VisionKeepers have worked hazd to establish the partnerships necessary to ensure that the plan continues to thrive and guide the development of the community's Vision for Downtown Hilo. This grant provides Lead Solution Partners a valuable opportunity to gain new knowledge and skills that will guide us throughout the five (5) year Action Plan Update and the ongoing implementation process. We appreciate this opportunity and ask for your favorable consideration of this application. Aloha .~ Steve Godzsak, Spoke erson: Hilo Bay Watershed Advisory Group Attachment 6 200R•09 Board Presirleat Barbara A. Hastings Presirlem-E[err Mary Begier Vire Presideru Mike Gleason Trenserrrr Jon Miyata Past President Robcr[ Williams Directors Vaughn Cook Charles Ensey Judith Fox-Goldstein Gary Fujihara Stan Fortuna. Jr. Richard Ha Jan Higashi Randy Kurohaia Warren Lee Hawaii Island Chamber ®f C®mrr~erce November 2, 2008 TO: AIA Job ICamehameha Avenue Hilo, Hawaii 96~ao Phone:(8o8)935-7J78 Fax:(8o8)96J-4435 E-mail: admin@hicc.biz www.hicc.biz I am Mary Begier, President Elect of the Hawai' i Island Chamber of Commerce (HICC). We represent our over 360 companies and 700 members. I have been serving as the liaison for the HICC to the Envision 2025 for the past two years. The Chamber was not as involved in the original workshops and early implementation as we might like to have been. Through the other Lead Solution Partners, we at HICC have been able to participate at a higher level. We have found the appropriate programs and ways [hat we can step forward with. We identify with downtown Hilo on many levels: • Over 25% of our membership has an office or business downtown Our own office is downtown • The health of any thriving comtnunity is linked to its downtown • Downtown Hilo plays a significant role in [he history of the island HICC views EDH 2025 to be the foundation for downtown Hilo thriving and growing appropriately for the futul•e. We welcome patticipating in a study that moves EDH 2025 Further oFF the shelf and onto the street so to speak Sincerely, Barry Mizuna .~/~'~'II ~~+ Irene Nagao ~~ (J' ~~ !/ Robes Charles Porter Muria Sakai Mary Begier Ron Scnum Alice Sledge Mcle Spencer Art Tani,uchi Richard Toledo Steve Ueda Jere Usui Carol Van Camp Attachment 6 Harry Kim Mayor ~IILtxY~~I D~~21~~Ct t DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street, Suite 7 ~ Hilo, Hawaii 96720-0224 (808) 961-8321 ~ Fax (808) 961.8630 weav.co.hawaii.hi.us November 5, 2008 Erin Simmons Director , Center for Communities by Design The American Institute of Architects 1735 New York Avenue N W Washington DC 20006-5292 Re: 2009 Sustainable Design Assessment Team (SDAT) Program RFP for Envision Downtown Hilo 2025 -Hilo, Hawaii Bruce C. McClure Dlredor We are pleased to provide our support of the for the Envision Downtown Hilo 2025 (EDH 2025) application for the 2009 Sustainable Design Assessment Team (SDAT) Program. The Deparnnettt of Public Works is a committed Lead Solution Partner in the EDH 2025 Plan for several Focus Areas including: Health and Safety and Managing Growth. In the last year we have made Downtown Hilo accessible to persons with disabilities by constructing handicap accessible curb ramps. We know that az the government agency responsible for maintaining-our roadway, one of our challenges is to implement actions related to a more balanced transportation perspective. We can definitely Team from the SDAT coming to Hilo to provide insight and lessons learned from other communities facing similar issues. Downtown Hilo is a special place and one of the last quaint, small, and traditional downtowns in Hawaii. We are excited to participate in such a valuable intensive planning process with the assistance of the SDAT of experts and we look forward to working with you. This grant coincides timely with existing plans Ute EDH 2025 VisionKeepers have for initiating the update of the original 2005 Living Action Plan. Now in their 3rd year of shepherding implementation, the EDH 2025 VisionKeepers have worked hard to establish the partnerships necessary to ensure that the plan continues to thrive and guide the development of the community's Vision for Downtown Hilo. This grant provides Lead Solution Partners a valuable opportunity to gain new knowledge and skills that will guide us throughout the five (5) year Action Plan Update and the ongoing implementation process. We appreciate this opportunity and ask for your favorable consideration of this application. i ~bEG-~.c~-- C. Bruce C. McClure, P.E. Director cc: Planning Department County of Hawai i is an Equal Oppommity Provider and Employer. Attachment 6 November 6, 2008 Ms. Erin Simmons, Director Center for Communities by Design The American Instinrte of Architects ] 735 New York Aveaue, NW Washington, DC 20006-5292 Re: 2009 Sustainable Desigu Assessment Team (SDAT) Program RFP for Downtown Hilc -Hilo, Hawaii Dear Ms. Simmons: We are pleased to provide our organization's support of the for the EnV ision Downtown Hilo 2025 (EDH 2025) application for the 2009 Sustainable Design Assessment Team (SDAT) Program. The Hilo Farmers Mazket has been an integral part of downtown Hilo's social, cultural and economic fabric for over 20 years. Our organization is very interested in becoming a committed Lead Solution Partner in the EDH 2025 Plan, primarily in the Focus Area(s) of economic vitality. Downtown Hilo is a special place and one of the last quaint, small, and traditional downtowns in Hawaii. We are excited that Downtown Hilo could participate in such a valuable intensive planning process with the assistance of the SDAT of experts and we look forward to working with you. This grant coincides timely with existing plans the EDH 2025 V isicnKeepers have for initiating the update of the origina12005 Living Acfion Plan. Now in their 3"~ year of shepherding Implementation, the EDH 2025 VisionKeepers have worked hard to establish the partnerships necessary to ensure that the plan continues to thrive and guide Ute development of the community's Vision for Downtown Hilo. This grant provides Lead Solution Parhters a valuable opportunity to gain new knowledge and skills that will guide us throughout the five (5) year Action Plan Update and the ongoing implementation process. We ectate this opportunity and ask for your favorable consideration of this application. A oh , Keitlta)sxa Cruz Owner/ Member PO Box 34, Hilo, Hawaii 96720 808-933-1000 Attachment 6 SV of M ~N 40~ ~V /-• ' ~ W~ Quince Menlo Harry Klm ~ ~ ~• Administmtar , rAayor '• ~ ° = ~: i yir John T. Anunmond ~ ...N , or Administrative Officer (gj"~ix~~~, ~~' ~~~~~,~ ~vJ.. 1 William Hanson Admtnlsrratlve OQtcer CIVIL DEFENSE AGENCY 920 Ululani Sveet • Hilo, Hawari 96720-3958 (808) 935.003( Faz (808)935-6460 Novomber 5, 2008 Erin Simmons, Director Center for Communities by Design The American Institute of Architects 1735 New York Avenue, NW Washington District of Columbia 20006-5292 Re: 2009 Sustainable Design Assessment Team (SDAT) Program RFP for Downtown Hilo -Hilo, Hawaii Dear Ms. Simmons: We are pleased to provide our support of the for the Envision Downtown Hilo 2025 (EDH 2025) application for the 2009 Sustainable Design Assessment Team (SDAT) Program. The Mission of County Civil Defense Agency is to plan, prepare for and when disaster threatens or occurs, promptly implement a fully coordinated response and measured application of resources necessary to prevent or minimize loss of life, alleviate suffering, reduce damage or destruction to property, provide for public safety, health and welfare, restore disrupted public systems and services, expedite recovery/reconstruction, and implement actions in mitigation. Our agency is a committed Lead Solution Partner under the Focus Area. of Health and Safety in the EDhI 2025 Plan. We recently participated and played an active role as a supporting partner in the Tsunami Education, Preparation, Evacuation and Recovery Project for Downtown Hilo and participated in the recent Town Meeting. Downtown Hilo is a special place and one of the last quaint, small, and traditional downtowns in Hawaii. As a coastal community that has experienced three (3) major tsunamis, we face many challenges, and to receive assistance from the SDAT of experts would be greatly help us with implementing ourr Community-Based Vision and Living Action Plan. The SDAT Program will provide Lead Solution Partners a valuable opportunity to gain oew knowledge and skills that will guide us throughout the five (5) year Action Plan Update and the ongoing implementation process. We look forward to working with you. We appreciate this opportunity and ask for your favorable consideration of this application. Aloha, ~~~~~~~- Quince ento Civil Defense Administrator ~~ Hawaii County is an equal opportunity provider and employer Attachment 6 ~~ 5pu-'e the Yoga With A(OYiG~ PATH ~ PEOPLES ADVOCACY FOR TRAILS HAWA1~1 PO Box 62 ~ Kaitua-ICONA, HAwAi~i 96745 ~ 808 -329-9718 ~ sharetheroad@pathhawaii.org Board of Directors John Simmerman Bill Sanborn terry ~. Rott, R Erin Simmons, Director Jeannette cadge" Center for Communities by Design Jeff McDevitt, MD Rick Merschdorf The American Institute of Architects Janet Higa Miuer 1735 New York Avenue, NW Michael J. Riehm Washington, DC 20006-5292 Frank H. Sayre, DDS Robert Ward Chris Huber Re: 2009 Sustainable Design Assessment Team (SDAT) Program Serena Chamberlain RFPforpowntownHilo-Hilo, Hawaii Legal Adviser Dear Ms. Simmons: Daniel S. Peters Executive Director We are pleased to provide PATH's support of the for the Envision Downtown Hilo 2025 iaura Dierentield (EDH 2025) application for the 2009 Sustainable Design Assessment Team (SDAT) Program. PATH -Peoples Advocacy for Trails Hawaii is a 501(c)3 non profit bicycle and pedestrian advocacy group, founded in 1986. Our mission is to safely connect the people and places on Hawai' i Island with pathways and bikeways. Mission PATH is interested in becoming a Lead Solution Parter in the EDH 2025 Plan, primarily in To safely connect the the Focus Areas of Preserving Our Environment, Creating Economic Vitality and Promoting people and places on Hawaii Island with Health and Safe ry pathways and bikeways. Downtown Hilo is a special place and one of the last quaint, small, and traditional Serving downtowns in Hawaii. We are excited that Downtown Hilo could participate in such a me Island or Howarl valuable intensive planning process with the assistance of the SDAT of experts and we look since 1986 forward to working with you. This grant coincides timely with existing plans the EDH 2025 Vision Keepers have for initiating the update of the original 2005 Living Action Flan. Now in their 3'd year of shepherding implementation, the EDH 2025 VisionKeepers have worked hard to establish the partnerships necessary to ensure that the plan continues to thrive and guide the development of the community's Vision for Downtown Hilo. This grant provides Lead Solution Partners a valuable opportunity to gain new knowledge and skills that will guide us throughout the five (5) year Action Plan Update and the ongoing implementation process. We appreciate this opportunity and ask for your favorable consideration of this application. Aloha, Web-site: $;°!`:~w..~. G}~.:r;;~zvf'~' www.pathhawaii.org c Laura Dierentield Executive Director Attachment 6 Office of the Dean College of Arts and Sciences Date October 30, 2008 Erin Simmons, Director Center for Communities by Design The American Institute of Architects 1735 New York Avenue, NW Washington, DC 20006-5292 Re: 2009 Sustainable Design Assessment Team (SDAT) Program RFP for Downtown Hila -Hilo, Hawaii Dear Ms. Simmons: I am pleased to provide the support of the University of Hawaii at Hilo's Department of Geography Rc Environmental Studies for the EnYision Downtown Hilo 2025 (EDH 2025) application for the 2009 Sustainable Design Assessment Team (SDAT) Program. For at least fifteen years I have been coordinator of the Planning Certificate Program offered by oru Department of Geography and Environmental Studies. Over these years 1 have established a wonderful collaboration with. the County of Hawaii Planning Department thus enabling dozens of my students to benefit from internships there. I am also a supporting partner of the EDH- 2025 Plan and a prior VisionKeeper. Over the past three years, three of these students have worked with Susan Gagorik on t1Le EDH 2025 Plan, and I am cormuitted to maintaining this mutually beneficial relationship. I intend to send another land use planning intern to work Linder Susan Gagorik's mentorship in the coming year. I am excited that the SDAT Program will be a valuable community planning opportunity that I can encourage other studels to be involved in. Downtown Hilo is Hawaii best example of a small, quaint, traditional. downtown with a distinctive stamp of the plantation era. We are excited that Downtown Hilo could. participate in such a valuable intensive planning process with the assistance of the SDAT experts, and we look forward to working with you. This grant opportunity coincides timely with existing plans the EDH 202$ VisionICeepers have for iriitiating the five (5) year update of the original 2005 Living Action Plan. Now in their 3`tl year of shepherding implementation, the EDH 2025 VisionKeepers have worked hard to establish the partnerships necessary to ensure that the plan continues to thrive and guide the development of the community's Vision for Downtown Hilo. This grant will provide Lead Solution Partners a valuable opportunity to gain new knowledge and skills that will guide us throughout the five (5) year Action Plan Update and the ongoing implementation process. Our institution as a whole, and the Geography and Environmental Studies Department in particular, believe in the goals of EDH 2025 VisionICeepers and therefore we appreciate this opportunity to comment. We ask for your favorable consideration of this application. With i~oha, Sonia P. 7uvik, .D. Professor of Geography & Environmental Studies & Associate Dean, College of Arts and Sciences 200 W Kawlll Street. Hito, Hawa~ 196720-4091 Telephone: (809) 974-7300, Facsimile: (808) 974-7690, wvnv.uhh.hawaii.edWacatlemlcslcas( An Equal Opportunity/Allirmatlve Action Institution Mtr os ~' Harry Kim `P'',.c~ ~ y6! Mayor :• ..: y~~• _ A o.'ni County of Hawaii DEPARTMENT OF RESEARCH AND DEVELOPMENT 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 (808) 961-8366 • Fax (808) 935-1205 E-mail: chrudev®co.hawaii.hi.us November 6, 2008 Erin Simmons, Director Center for Communities by Design The American Institute of Architects 1735 New York Avenue, NW Washington, DC 20006-5292 Re: 2009 Sustainable Design Assessment Team (SDAT) Program RFP for Downtown Hilo -Hilo, Hawaii Dear Ms. Simmons: Attachment 6 Jane H. Testa D,7ector Diane L. Ley Deputy Direcmr The County of Hawai'i's Department of Research and Development is pleased to provide its support for the Envision Downtown Hilo 2025 (EDH 2025) application for the 2009 Sustainable Design Assessment Team (SDAT) Program. The mission of the Department of Research and Development's Hawaii County Resource Center (HCRC) is to facilitate the sustainability of Hawaii Island communities through collaboration and capacity building services. The Resource Center strives to enable the Department's vision of a sustainable island by encouraging holistic community capacity building to sustain the ecological, social, and economic well-being of Hawaii Island. For more information, please visit www.hcrc.info. The Resource Center continued its grant and project management responsibilities for the Hawaii Tourism Authority-funded Hilo Bayfront Trails Planning Phase I project to help implement the EDH 2025 Plan. This action is in EDH 2025 Plan Focus Area: Preserving Our Environment. Hilo Bayfront Trails is a three-phase community-based project to design and construct amulti-use path from Hilo Harbor along Bayfront to the Wailuku River. The project is in the first planning phase and includes public participatory planning and intensive stakeholder consultation. During the 2007-2008 fiscal year, a total of 160 people participated in public workshops, and advisors representing major stakeholder groups have invested a total of 198 hours of consultation and planning assistance. Hawaii County is an Equal Opportunity Provider and Employer Attachment 6 Erin Simmons, Director Center for Communities by Design The American Institute of Architects November 6, 2008 Page 2. In addition, Alex Frost, the Resource Center's Coordinator sits on the EDH 2025 VisionKeepers Committee. Downtown Hilo is a special place and one of the last quaint, small, and traditional downtowns in Hawaii. We are excited that Downtown Hilo could participate in such a valuable intensive planning process with the assistance of the SDAT experts and we look forward to working with you. This grant coincides timely with existing plans the EDH 2025 VisionKeepers have for initiating the update of the original 2005 Living Action Plan. Now in their 3rd year of shepherding implementation, the EDH 2025 VisionKeepers have worked hard to establish the partnerships necessary to ensure that the plan continues to thrive and guide the development of the community's Vision for Downtown Hilo. This grant provides Lead Solution Partners a valuable opportunity to gain new knowledge and skills that will guide us throughout the five (5) year Action Plan Update and the ongoing implementation process. We appreciate this opportunity and ask for your favorable consideration of this application. Aloha, ~' Diane Ley Deputy Director County of Hawaii Department of Research and Development LINDA LINGLE GOVERNOR OF HAWAII AIA Communities By Design Center for Communities by Design American Institute of Architects 1735 New York Avenue, NW Washington, DC 20006-5292 'S~ ~ ~ ~1 q ~ \Y!p ~ ~i 6 5 0°~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. Box 3378 HONOLULU, HAWAII 968013376 November 5, 2008 Dear Sustainable Design Assessment Team Application Review Panel: In reply, please rekr m: FIN: SUBJECT: Center for Communities by Design 2009 Sustainable Design Assessment Team (SDAT) Program The State of Hawaii, Department of Health, Healthy Hawaii Initiative has over the course of the last year and half worked closely with the Hawaii County Planning Department in supporting their efforts in designing a healthier community. The Envision Downtown Hilo 2025 plan was developed through a community based visioning process that incorporates the cultural diversity, historical importance and need for the promotion of economic vitality, environmental preservation, community sustainability, promotion of health and safety and the enhancement of education ,culture and the arts. We support the work of the Hawaii County Planning Department and the Envision Downtown Hilo 2025 VisionKeepers. Should they be selected for the AIA Center for Communities by Design 2009 SDAT Program, we will commit to providing the $5,000 community match funds. Please feel free to contact Nalani Aki, Community Programs Coordinator, at nalani.aki~Jdoh.hawaii.gov or (808) 586-4526. Since ely, Chiy e Lei a• la FukinoLM.D. Director of Health Attachment6 CNIYOME L. FUNINO, M.D. owECran or nFACm Attachment 6 1-Iawaii Island Section A suction of ~„~- TheAmerican lnsfitui2 of Architucls Honofulu Chapter November 1, zoos Erin Simmons, Director Center for Communities by Design The American instihrte of Architects 1735 New York Avenue, NW Washington, DC 20006-5292 Re: 2009 Sustainable Design Assessment Team {SDAT) Program RFP for Downtown Hilo -Hilo, Hawaii Dear Director Simmons: AIA Hawaii Island Section strongly supports the Envision Downtown Hilo 2025 in their efforts to participate in the 2fl09 Sustainable Design Assessment Team {SDAT) Program The addition of the SDAT process to our local commnunity will bring attention and focus to the on-going efforts of Envision Downtown Hilo 2025. The mere mention of the SDAT program to some of our AIA members has been enough to garner then volunteer support should this application be rewarded with a grant. We are excited at the possibility Drat our AlA wilt send nationally recognized experts to our community to help give form to a sustainable future. Sincerely, K~k.~la Robin Inaba, AIA President P.O. Box G24 Holttaloa, NI 96725 808.987-b 146 kimura@alum.mit,edu